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JOB ORDER CONTRACT BETWEEN MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION AND SUNLAND ASPHALT FOR ROADWAY STABILIZATION AND PAVING SERVICES CONTRACT NO. 2013-028 AGENDA NO. C64-14- MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION CONTRACT NO. 2013-028 TABLE OF CONTENTS 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 .................................................................5 ARTICLE VII NEGOTIATION CLAUSE.................................................5 ARTICLE VIII COMPLIANCE WITH LAWS ..........................................5 ARTICLE IX - SBE PROGRAM ...............................................................6 ARTICLE X ANTI-DISCRIMINATION PROVISIONS .............................6 ARTICLE XI INDEMNIFICATION .........................................................6 ARTICLE XII INSURANCE REQUIREMENTS ..................................... 7 ARTICLE XIII – INFLUENCE ............................................................ 9 SIGNATURE PAGE ............................................................................ 10 STATUTORY PAYMENT BOND .......................................................... 11 STATUTORY PERFORMANCE BOND ................................................. 12 CERTIFICATE OF INSURANCE ......................................................... 13 NO COLLUSION AFFIDAVIT ............................................................. 14 VERIFICATION OF LICENSE ............................................................ 15 AFFIDAVIT OF COMPLIANCE ........................................................... 16 SBE PARTICIPATION REPORTING FORM ........................................ 17 CERTIFICATE OF PERFORMANCE AND PAYMENT OF ALL CLAIMS .. 18 ON CALL CONSTRUCTION PAYMENT REQUEST ............................... 19 EXHIBIT A – SCOPE OF WORK EXHIBIT B – FEE SCHEDULE Contract No. 2013-028 Page 2 of 19 CONTRACT NO. 2013-028 Job Order Contract for Roadway Stabilization and Paving Services The Maricopa County Department of Transportation, hereinafter called the COUNTY, is desirous of having Job Order Contract for Roadway Stabilization and Paving 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 SUNLAND ASPHALT hereinafter called “CONTRACTOR”, with its principal offices located at 3600 South 7th Avenue, Phoenix, Arizona 85041 (602) 323-2800, is desirous of performing said services; THIS AGREEMENT, made and entered into this __________ day of ________________, 20 ___, by and between MARICOPA COUNTY acting by and through its BOARD OF SUPERVISORS, and Sunland Asphalt. WITNESSETH: The CONTRACTOR shall be paid a fee not-to-exceed THREE MILLION DOLLARS AND NO CENTS ($3,000,000.00) per year up to three (3) years for a total not-to-exceed of NINE MILLION DOLLARS AND NO CENTS ($9,000,000.00)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 Roadway Stabilization and Paving 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 Roadway Stabilization and Paving Services 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. Contract No. 2013-028 Page 3 of 19 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 Roadway Stabilization and Paving 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 one (1) year from the Board award date and may be renewed, if mutually agreed to by both the CONTRACTOR and the COUNTY, for an additional two (2) 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. Contract No. 2013-028 Page 4 of 19 The Small Business Enterprise Participation 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. 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: The COUNTY hereby gives notice that pursuant to A.R.S. Sec. 38-511 A, this contract may be canceled without penalty or further obligation within three years after execution if any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY is, at any time while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a Contractor to any other party of the contract with respect to the subject matter of the contract. Cancellation under this section shall be effective when written notice from the Transportation Director of the COUNTY is received by all of the parties to the contract. In addition, the COUNTY may recoup any fee or commission paid or due to any person significantly involved in initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY from any other party to the contract arising as a result of the contract. ARTICLE VII - 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: (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 Contract No. 2013-028 Page 5 of 19 employment eligibility of the employee through the e-verify program and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. (2) 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 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, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions or mistakes relating to the performance of this Contract. CONTRACTOR’S duty to defend, indemnify and hold harmless COUNTY, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting there from, caused by any negligent acts, errors, omissions or mistakes in the performance of this Contract including any person for whose acts, errors, omissions or mistakes CONTRACTOR may be legally liable. 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. Contract No. 2013-028 Page 6 of 19 The scope of this indemnification does not extend to the sole negligence of COUNTY. 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 A7. 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. Contract No. 2013-028 Page 7 of 19 CONTRACTOR is required to procure and maintain the following coverages indicated by a checkmark: 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. Contract No. 2013-028 Page 8 of 19 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. 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 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. (END OF SECTION) Contract No. 2013-028 Page 9 of 19 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. SUNLAND ASPHALT Party of the First Part By: Printed Name Signature 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 laws of the State of Arizona to John B. Hauskins, P.E. Maricopa County. County Engineer/Transportation Director By: Date: Deputy County Counsel Date: BOARD OF SUPERVISOR’S APPROVAL: By: Chairman, Board of Supervisors Date: ATTEST: By: Clerk of the Board Contract No. 2013-028 Page 10 of 19 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Work Assignment amount) 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 County (hereinafter called the Obligee), in the amount of ($_________________________) themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the day of , 20 , for WORK ORDER NO. ______, CONTRACT TITLE - ________________________________,Work Assignment No. _____, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal promptly pays all monies due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the prosecution of the work provided for in the contract, this obligation is void. Otherwise it remains in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 6, Article 1, Arizona Revised Statutes, to the same extent as if it was copied at length in this Agreement. The prevailing party in a suit on this bond shall recover as a part of the judgment reasonable attorney's fees that may be fixed by the court or a judge thereof. Witness our hands this day of , 20 . PRINCIPAL SEAL BY: AGENT OF RECORD, STATE OF AZ AGENT ADDRESS SURETY SEAL BOND NUMBER: BY: Contract No. 2013-028 Page 11 of 19 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED STATUTES (Penalty of this bond must be 100% of the Work Assignment amount) 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 County, (hereinafter called the Obligee) in the amount of ($_________________________) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the day of , 20 , for WORK ORDER NO. ______, CONTRACT TITLE - ________________________________,Work Assignment No. _____,which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extension thereof, with or without notice to the Surety, and during the life of any guaranty required under the contract, and shall also perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; then the above obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of said Title, Chapter, and Article, to the extent as if it was copied at length herein. The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees as may be fixed by a judge of the court. Witness our hands this day of , 20 . ___________________________________ PRINCIPAL SEAL ______________________________ AGENT OF RECORD, STATE OF AZ By: _________________________________ ______________________________ AGENT ADDRESS ___________________________________ SURETY SEAL BOND NUMBER:_________________ BY:_________________________________ Contract No. 2013-028 Page 12 of 19 Maricopa County Department of Transportation CERTIFICATE OF INSURANCE CONTRACT NO. 2013-028 PROJECT TITLE: Job Order Contract for Roadway Stabilization & Paving Services NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES: Company A Letter Company B Letter Company C 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/Y (MM/DD/YY) LIMITS Y) GENERAL LIABILITY: COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $4,000,000 : Claims Made : Occur PRODUCTS/COMPLETED $4,000,000 : PREMISES OPERATIONS OPERATIONS AGGREGATE : BLANKET CONTRACTURAL EACH OCCURRENCE $2,000,000 : BROAD FORM PROPERTY DAMAGE PERSONAL & ADVERTISING $2,000,000 : PERSONAL INJURY INJURY : PRODUCTS AND COMPLETED OPERATIONS HAZARD : XCU HAZARDS : INDEPENDENT CONTRACTORS : OWNER’S AND CONTRACTOR’S PROTECTIVE LIABILITY AUTOMOBILE LIABILITY: Combined Single Limit $2,000,000 : ANY AUTO Bodily Injury $2,000,000 : ALL OWNED AND NON-OWNED AUTOS Property Damage $2,000,000 Per person/Per accident $2,000,000 : EXCESS LIABILITY Each occurrence $ : Umbrella Form Aggregate $ : Other than Umbrella Form : WORKERS’ COMPENSATION STATUTORY LIMITS AND EMPLOYER’S LIABILITY: AND EMPLOYERS’ LIABILITY EACH ACCIDENT $1,000,000 DISEASE: EACH EMPLOYEE $1,000,000 DISEASE: POLICY LIMIT $1,000,000 Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County, and : OTHER: their agents, 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 THE INSURANCE COMPANY. MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION DATE ISSUED: 2901 WEST DURANGO STREET PHOENIX, ARIZONA 85009 AUTHORIZED REPRESENTATIVE Contract No. 2013-028 Page 13 of 19 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 of (Title) (Name of Business) submitting on Contract No. 2013-028 for the construction of Job Order Contract for Roadway Stabilization Paving 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. (Signature of Affiant) Subscribed and sworn to before me this day of , 20 . My Commission Expires: (Notary Public) Contract No. 2013-028 Page 14 of 19 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: ; that my privilege license number (as required by A.R.S. § 42-1305) is: ; and 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 UNSWORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. § 13-2704. DATE SIGNATURE OF LICENSEE COMPANY Contract No. 2013-028 Page 15 of 19 AFFIDAVIT OF COMPLIANCE AFFIDAVIT BY CONTRACTOR CERTIFYING COMPLIANCE WITH HOUSE BILL 2745, CHAPTER 152 REQUIRING USE OF E-VERIFY STATE OF ) )§ County of ) being first duly sworn, deposes and says: That he/she is of bidding on Contract No. 2013-028, JOC – Roadway Stabilization and Paving 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; (Signature of Affiant) Subscribed and sworn to before me this day of_____ , 200 . (Notary Public) My Commission Expires Contract No. 2013-028 Page 16 of 19 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 Contract No. 2013-028 Page 17 of 19 MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION Certificate of Performance and Payment of ALL Claims PROJECT NAME: JOC – ROADWAY STABILIZATION AND PAVING 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 Sunland Asphalt or its subconsultants in connection with the project described in MCDOT Contract No. 2013-028, 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. 2013-028 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: Contract No. 2013-028 Page 18 of 19 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 Contract No. 2013-028 Page 19 of 19 EXHIBIT A SCOPE OF WORK CONTRACT NO. 2013-028 JOB ORDER CONTRACT FOR ROADWAY STABILIZATION AND PAVING SERVICES EXHIBIT A - GENERAL SCOPE OF WORK FOR JOB ORDER CONTRACTING OF ROADWAY STABILIZATION AND PAVING SERVICES GENERAL The Contractor shall perform roadway stabilization and paving related construction services for contracted work assignments. 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. CONSTRUCTION SERVICES The work shall consist of, but not be limited to, supplying all labor, material, and equipment to provide soil stabilization for roadway subgrade and/or shoulders, the construction of new asphalt concrete pavement or other designated surfacing material, installation of pavement markings, and other related work. Work assignments may include but are not limited to pavement widening, roadway shoulder stabilization, and construction of improvements for low volume roads. 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 most current edition (with revisions) of the Uniform Standard Specifications and Standard Details for Public Works Construction published by the Maricopa Association of Governments (MAG) and the Maricopa County Department of Transportation Supplements to the Maricopa Association of Governments’ Uniform Standard Specifications (or the year indicated in the work assignment documents) as modified by the Maricopa County Department of Transportation Supplement to the MAG Uniform Standard Specifications 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 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 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 unit prices that do not exceed the unit prices identified in the Unit Price List of Exhibit B. 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.) • Disposal of all waste and excess material • Close out for the total contract and each work assignment • Clean up • Compliance with environmental laws (costs associated with performing work in compliance with county, state and federal regulations, including obtaining any necessary licenses and permits, reporting requirements, etc.) • Compliance with safety, health, sanitation laws, and specifications (i.e., Contractor’s safety plan, face and clothing protection, etc.) Exhibit A Page 2 of 12 • Project management and supervision • Quality control • 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 reperformance). 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 SPECIAL PROVISIONS The following special provisions modify the MAG Uniform Standard Specifications as revised by the MCDOT Supplement to MAG Uniform Standard Specifications. SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC 107.1 LAWS TO BE OBSERVED, add the following: The Contractor shall insure that contract operations are in compliance with procedures and requirements of the Maricopa County Air Pollution Control Rules and Ordinances with special attention given to the fugitive dust requirements. The Contractor shall pay Exhibit A Page 3 of 12 any penalties imposed upon MCDOT where the violation is a direct result of actions or inactions by the Contractor, the contractor’s employees or subcontractors. 107.2 PERMITS, add the following: 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 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 107.5.5 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. 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 Exhibit A Page 4 of 12 plan guidelines are available on the MCDOT website at: http://www.mcdot.maricopa.gov/manuals/home.htm 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 109.10 MOBILIZATION/DEMOBILIZATION, add the following: Mobilization and demobilization for milling, soil stabilization, or paving shall be included as a pay item for each work assignment as applicable. Each work assignment may have one, two, or three types of mobilization and demobilization depending on the actual project requirements. The unit price for each type of mobilization and demobilization shall depend upon the project’s radial distance from 2901 West Durango Street, Phoenix, AZ. Mobilization and demobilization of each type shall only be paid once for each work assignment. Payment shall not exceed the Contractor’s proposed unit price identified in the Unit Price List, Exhibit B. SECTION 205 ROADWAY EXCAVATION 205.8 PAYMENT, add the following: Payment for Earthwork shall include all Roadway Excavation, Fill Construction, and Imported Borrow requirements of the work assignment. Payment for Earthwork shall be a negotiated lump sum amount. SECTION 301 SUBGRADE PREPARATION 301.8 PAYMENT, add the following: Exhibit A Page 5 of 12 Earthwork and pavement removal shall be paid as separate items and shall not be included as part of Subgrade Preparation. SECTION 308 LIME SLURRY WITH FLY ASH STABILIZATION 308.3 Mix Design, add the following: The required application rate for lime and fly ash shall be as indicated in the work assignment documents or as directed by the Engineer. 308.5 MEASUREMENT, replace the first paragraph with the following: Measurement for Lime Slurry with Fly Ash Stabilization shall be the plan area in square yards designated to be stabilized with the lime slurry and fly ash mixture. Measurement for Lime shall be by the ton. The amount of lime shall be the solids of calcium and magnesium oxides (CaO and MgO) contained in the lime slurry and applied to the soil during the stabilization process. The amount of lime used shall be documented by the Contractor and reported to the Engineer. The method used for documentation shall be agreed upon prior to the start of the project. Measurement for Fly Ash shall be by the ton for fly ash applied to the soil during the stabilization process. The amount of fly ash used shall be documented by the Contractor and reported to the Engineer. The method used for documentation shall be agreed upon prior to the start of the project. 308.6 PAYMENT, replace the first paragraph with the following: Payment for Lime Slurry with Fly Ash Stabilization shall be full compensation for the application, mixing, compaction, and finishing processes for the lime slurry and fly ash stabilization complete in place. Payment for Lime shall be at the contract unit price. Payment for Fly Ash shall be at the contract unit price. SECTION 309 LIME SLURRY STABILIZATION 309.3 COMPOSITION: 309.3.1 Lime Slurry, replace with the following: 309.3.1 Lime: Exhibit A Page 6 of 12 The depth of treatment and required application rate for lime shall be as indicated in the work assignment documents or as directed by the Engineer. The amount of lime used on each site shall be documented by the Contractor and reported to the Engineer. The method used for documentation shall be agreed upon prior to the start of the project. 309.3.2 Mix Design, replace with the following: The Contractor shall submit the composition of the lime slurry to the Engineer at the preconstruction conference. The Engineer shall provide the mix design. The mix design shall contain the following: (a) Percent of lime and rate of application of lime slurry in the treated soil or subgrade material. (b) Optimum water content during mixing, curing and compaction. (c) Gradation of in-situ mixture after treatment. (d) Additional mixing or equipment requirements. (e) Mellowing time requirements, if needed. 309.5 MEASUREMENT, replace the first paragraph with the following: Measurement for Lime Slurry Stabilization shall be the plan area in square yards designated to be stabilized with the lime slurry and fly ash mixture. Measurement for Lime shall be by the ton. The amount of lime shall be the solids of calcium and magnesium oxides (CaO and MgO) contained in the lime slurry and applied to the soil during the stabilization process. 309.6 PAYMENT, replace the first paragraph with the following: Payment for Lime Slurry Stabilization shall be full compensation for the application, mixing, compaction, and finishing processes for the lime slurry stabilization complete in place. Payment for Lime shall be at the contract unit price. SECTION 311 SOIL CEMENT BASE COURSE 311.2 MATERIALS, delete the last sentence of this section and add the following: The amount of cement used on each site shall be documented by the Contractor and reported to the Engineer. The method used for documentation shall be agreed upon prior to the start of the project. Cement delivered in standard sacks from commercial producers will be assumed to have a mass of 94 pounds per sack and need not be Exhibit A Page 7 of 12 weighed. Weighmaster’s Certificates shall be submitted for bulk cement in accordance with Section 109.2. 311.4.2 Application of Cement, add the following: The cement spread rate when given as a percentage shall be based on 120 pounds per cubic foot dry weight of the soil unless otherwise directed by the Engineer. 311.4.7 Deficiency, replace with the following: When in the opinion of the Engineer there exist deficiencies in mixing depth or cement content, the Contractor shall verify to the Engineer the mixing depth or cement content and correct any found deficiencies prior to compaction. 311.4.8 Curing, replace with the following: The finished soil-cement shall be kept continuously moist using fog or gravity bar spray until curing seal is applied. Curing seal may be designated as a binder material when a cover material is to be applied; the binder material when specified shall be applied within five days. The Engineer shall approve proposed spray equipment before the start of construction. SECTION 317 ASPHALT MILLING 317.2 CONSTRUCTION REQUIREMENTS, add the following: The Contractor shall be responsible for the removal and disposal of milled material. The County reserves the right to direct that the milled material be trucked to a County facility or deposited on the roadway shoulders. SECTION 337 PRICE ADJUSTMENT FOR BITUMINOUS MATERIALS 337.1 Description Price adjustment shall be calculated based on price changes of bituminous material occurring between the date of the submittal of Exhibit B Unit Price List and the date that the material is delivered or used. Price adjustment shall be bi-directional, potentially increasing or decreasing contract payments. The term “bituminous material” as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt and shall apply only to the following specific pay items requiring these materials: Asphalt Concrete Pavement and Bituminous Tack Coat, Exhibit A Page 8 of 12 The contract unit price for each item of bituminous material shall include all costs for furnishing, hauling, handling, spreading, and mixing of the material required, including the “initial cost” of bituminous material and all applicable taxes, bonds, and insurance premiums; but excluding any difference in the cost of bituminous material that occurs between the date of bid opening and the date that the material is delivered or used and the cost of taxes, bonds and insurance directly attributed to the price adjustment amount for bituminous materials. 337.2 Measurement Asphaltic Concrete The approved mix design designates a range of bituminous material allowable for construction. If the amount of bituminous material exceeds the allowable range, the Contractor will not be compensated for the excess bituminous material. If the bituminous material is less than the allowable range and the asphalt concrete is found to be acceptable by the engineer, the bituminous material shall be subject to the price adjustment. The tons of bituminous materials, which are present in asphalt concrete, shall be determined by tests using nuclear asphalt content gauge, extraction, ignition furnace, or other approved method. Tests shall be taken at least twice daily on a random basis. When only two tests are planned, they shall occur at placement of approximately 33% and 67% of the day’s planned quantity. The arithmetic average of each day’s bituminous testing that is found to be within or below the allowable range will be used to determine the amount of bituminous material present in the mix. If only one test is taken, the amount of bituminous material present in that sample will be used. The monthly production shall be the sum of the daily production. Tack Coat The tons of emulsified products to which the adjustment will be applicable will be the tons of the emulsified bituminous asphalt prior to dilution. The Contractor shall weigh the truck prior to and after placing the emulsion and will be paid based upon the difference in the weight. 337.3 Payment The “initial cost” of asphalt cement, liquid asphalt and emulsified asphalt will be the monthly cost determined by the Arizona Department of Transportation (ADOT) based on selling prices of asphalt cement published by the Asphalt Weekly Monitor, a publication by Poten & Partners, Inc. The bituminous material “initial cost” price is issued each month in memorandum form by ADOT’s Contract and Specifications Section of the Intermodal Transportation Division under “Price Adjustment for Bituminous Material” title. The price is the Exhibit A Page 9 of 12 arithmetic average of the high and low selling prices for asphalt cement shown for the previous month in the Asphalt Weekly Monitor for the Arizona/Utah and Southern California regions. This price will be deemed to be the "initial cost" for bituminous material of all types, grades, etc., on projects on which bids are opened during the following month. This price may be obtained from the ADOT web site: http://www.azdot.gov/Highways/cns/bitmat.asp For each item of bituminous material for which there is a specific pay item, an adjustment in compensation will be made for either an increase or decrease in the price of asphalt cement as shown in the ADOT memorandum, current for the date of use of the material, as compared to the "initial cost". Adjustments in compensation for emulsified asphalt will be made for the bituminous material prior to dilution. The tons of bituminous materials which are paid for on an invoice basis to which the adjustment will be applicable are the tons which have been delivered to the project and subsequently incorporated into the work. The adjustment will be applicable on the date of use of the bituminous material. Price Adjustment for Bituminous Materials shall include an adjustment for the actual change in cost of premiums on required payment and performance bonds, the actual change in cost of premiums for property damage and/or public liability insurance, and the change in sales tax (identified in Section 109.2.3) liability incurred as a result of the price adjustment for bituminous materials. The Contractor shall provide documentation to determine the adjustment for the actual change in cost of premiums on required payment and performance bonds, property damage and/or public liability insurance, and sales tax. No additional compensation will be made for any additional or increased charges, costs, expenses, etc., which the Contractor may have incurred since the time of bidding and which may be the result of any increase in the "initial cost" of bituminous material. The Price Adjustment for Bituminous Materials will be made in the next regular monthly progress payment following actual use or application of the bituminous material and may cause an increase or decrease in payments. Exhibit A Page 10 of 12 SECTION 320 ROAD-MIXED SURFACING 320.1 DESCRIPTION, add the following: This work will consist of mixing petroleum resin with asphalt millings, on a prepared subgrade/base course in conformity with the lines, grades, and dimensions shown on the plans or typical cross sections or as directed by the Engineer. SECTION 401 TRAFFIC CONTROL 401.2.4 PAVEMENT MARKINGS, add the following: On projects that will partially or totally obliterate striping; the Contractor shall provide documentation of all existing pavement markings on a detailed drawing at 1” = 40’ ft scale. MCDOT shall have ten working days to verify the submitted pavement markings documentation for approval or modification as required. The documentation of existing pavement markings shall be approved by MCDOT prior to any work that will obliterate existing markings. The documentation shall include width of the existing pavement, lane widths, lengths and locations of all striped tapers, lengths of left and right turn lanes, widths and lengths of two-way left turn lanes, pavement arrows for left and right turn lanes, distance and width of diagonal pavement markings, lengths and widths of crosswalks, stop bars, and word messages (i.e. stop ahead, etc.), type and location of raised pavement markers, locations of all traffic signal detection loops, and location of all fire hydrants. The documentation shall extend 500 feet beyond the beginning and ends of the project. Pavement markings used as an integral part of the traffic control plan shall be kept distinct and visible during their use. Temporary pavement markings shall match and meet the markings in place at both ends of their usage. SECTION 405 MONUMENTS 405.4 INSTALLATION, add the following: The County will locate and reference the location of existing survey monuments. The Contractor shall purchase and install new survey markers at locations designated by the County. The County will have the responsibility to affix the registration number of an Arizona registered surveyor in compliance with requirements of the Arizona State Board of Technical Registration. SECTION 463 RAISED PAVEMENT MARKERS 463.3 CONSTRUCTION REQUIREMENTS, add the following: Exhibit A Page 11 of 12 When installing reflective Raised Pavement Markers next to a solid stripe, the markers shall be placed four inches to the side of the stripe. When installing reflective Raised Pavement Markers in broken striping, the markers shall be centered in the middle of the 30-foot gap between the stripe segments. The Contractor shall place Raised Pavement Markers so that the reflective faces of the markers are facing (perpendicular to) traffic. Exhibit A Page 12 of 12 EXHIBIT B Unit Price List CONTRACT NO. 2013-028 JOB ORDER CONTRACT FOR ROADWAY STABILIZATION AND PAVING SERVICES