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JOB ORDER CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
B & F Contracting, Inc.
FOR
Traffic Signal Maintenance and Improvements
SERIAL # 220103-JOC
MCDOT CONTRACT # 2022-060,2022-061
AGENDA #
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MCDOT CONTRACT # 2022-060,2022-061
TABLE OF CONTENTS
Table of Contents
TABLE OF CONTENTS ou .ccccccesseeceneneneeesenneeeneeseeesneneneneeseeasecsecenessensaeseceensesaeasensseeaaes 2
ARTICLE I - SCOPE OF WORK........... 3
ARTICLE II - CONTRACT DOCUMENT, 3
ARTICLE III - TIME OF COMPLETIONS ....ccccscsssseensrsnseesseessceneneeeens 4
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE 4
ARTICLE V — PAYMENTS: ......cccseesscsssesceecnsnenenecaeenaneseesanenesesanseenaeesaesenesansenteanenansaans 4
ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR
TASK ORDER ....ccccceeseeeeeeeenenssencceenseesenessnaneeeeenseeesssaneneseeeensasecsensaeeneesasscaeasseseeeaneeenanas 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 CLAUSES....sccsscsscessssesesseseensensneenensnecseesaeenensaeeseeenes 8
ARTICLE VIII - COMPLIANCE WITH LAWS: .....ccssccccsesssecsereessersssscceeesseeesecessereenes 8
ARTICLE IX - SBE PROGRAMS uu ecccsccsssssecsssseeeenensneeaeesnsesesneeeseesaseeeesaenseesansaeesaneneneoass 9
ARTICLE X - ANTI-DISCRIMINATION PROVISION 9
ARTICLE XI - INDEMNIFICATION: ........:::0eceeeeeee 9
ARTICLE XII - INSURANCE REQUIREMENTS: 9
ARTICLE XIII — INFLUENCE: oo. cccccecececsenereeneeeee 11
ARTICLE XV — TITLE VI:......0::00 12
ARTICLE XVI -- FORCED LABOR: ...cssecsesseeeeeeeeseeeeeeeeenseeneenseeesennaneneneeesentenssnnnenteaees 12
STATUTORY PAYMENT BOND ........::::cccceceesseeneeeeeeeeesensnesseeecenseeesessneneesesesessseaneaes 15
STATUTORY PERFORMANCE BOND 16
CERTIFICATE OF INSURANCE.......... 17
NO COLLUSION AFFIDAVIT .... -18
VERIFICATION OF LICENSE ... 19
AFFIDAVIT OF COMPLIANCE j.....csscccccsssseeecneetsenseesseeeneeeenensssenees + 20
MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM. .......:csccereceeeeeeee 21
Certificate of Performance and Payment of ALL Claims .........::csssccccsesesseseteressseeeesseees 22
ON CALL CONSTRUCTION PAYMENT REQUEST ..... 23
TITLE VI ASSURANCES .......cccsssseccceeeensseseenenseeeennes + 24
EXHIBIT A-SCOPE OF WORK... 25
EXHIBIT B-FEE SCHEDULE .....ccccccccsscseeeeneneeseesseesenseeeenecessessseeseeseeeesecseeeeseeneeseeeenees 26
MCDOT Contract #. 2022-060,2022-061 Page 2 of 26
MCDOT CONTRACT # 2022-060,2022-061
Job Order Contract for Traffic Signal Maintenance and Improvements
The Maricopa County Department of Transportation, hereinafter called the COUNTY, is desirous of
having Job Order Contract for Traffic Signal Maintenance and Improvements 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 B & F Contracting, Inc. hereinafter called “CONTRACTOR”, with its
principal offices located at 11011 N. 23rd Ave, Phoenix, AZ 85029, 623-582-1170, is desirous of
performing said services;
THIS AGREEMENT, made and entered into this day of , by and
between MARICOPA COUNTY acting by and through its BOARD OF SUPERVISORS, and B&
F Contracting, Inc..
WITNESSETH: The CONTRACTOR shall be paid a fee not-to-exceed Two Million Dollars
($2,000,000.00) per year, and One Million Dollars ($1,000,000.00) per project task order for a
total not-to-exceed of Ten Million Dollars, ($10,000,000.00) 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 Traffic Signal Maintenance and Improvements 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 Traffic Signal Maintenance
and Improvements 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 I - 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.
MCDOT Contract #. 2022-060,2022-061 Page 3 of 26
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 Traffic Signal Maintenance and Improvements and to
completely construct the same and provide the services therein, as called for by this agreement free
and clear ofall 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 five (5) years from the Board award date with no
annual renewal terms. 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.
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.
MCDOT Contract #. 2022-060,2022-061 Page 4 of 26
ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK
ORDER
VI-A TERMINATION BY THE OWNER FOR CAUSE
VI-A.1
VI-A.2
VI-A.3
VI-A.4
VI-A.5S
VI-A.6
VI-A.7
VI-A.8
VI-A.9
VI-A.10
VI-A.11
VI-A.12
VI-A.13
Criteria for Termination for Cause: The Owner may terminate the
Contract or terminate a Task Order if the Job Order Contractor:
Repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
Repeatedly disregards laws, ordinances, rules, regulations, or orders of
a public authority having jurisdiction;
Materially breaches any provision of the Contract or Task Order;
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
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.
Repeatedly refuses or fails to carry out Safety provisions as required by
Contract;
Fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Job Order
Contractor and the Subcontractors.
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:
Take possession of the Site and all materials, equipment, tools, and
construction equipment machinery thereon owned by the Job Order
Contractor;
Accept assignment of subcontracts pursuant to Article 5.4; and
Finish the Work for the Task Order by whatever reasonable method the
Owner may deem expedient.
Job Order Contractor Right to Receive Payment: When the Owner
terminates the Contract or a Task Order for one of the reasons stated in
MCDOT Contract #. 2022-060,2022-061 Page 5 of 26
VI-A.14
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.
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
VI-B.2
VI-B.3
VI-B.4
VI-B.5
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.
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:
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
that an equitable adjustment is made or denied under another provision
of this Contract.
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
VI-C.2
VI-C.3
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:
Immediately discontinue the Work of the Task Order and the placing of
all orders and subcontracts in connection with this Contract;
Immediately cancel all of the existing orders and subcontracts made
hereunder or for the Task Order involved;
MCDOT Contract #. 2022-060,2022-061 Page 6 of 26
VI-C.4
VI-C.5
VI-C.6
VI-C.7
VI-C.8
VI-C.9
VI-C.10
VI-C.11
VI-C.12
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
Deliver all plans, Drawings, Specifications, and other necessary
information to Owner.
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:
Reimbursement of all actual expenditures and costs approved by the
Owner as having been made or incurred in performing the Work;
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
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.
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.
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.
Remedy Limited to Damages: In the event that Job Order Contractor is
terminated, whether for cause or convenience, the Job Order
MCDOT Contract #. 2022-060,2022-061 Page 7 of 26
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 VII - 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:
VIIA That the CONTRACTOR and its sub-contractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate
to their employees and their compliance with A.R.S. §23-214, subsection
A; after December 31, 2007, every employer, after hiring an employee,
shall verify the employment eligibility of the employee through the e-
verify program and shall keep a record of the verification for the duration
of the employee’s employment or at least three years, whichever is longer.
MCDOT Contract #. 2022-060,2022-061 Page 8 of 26
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;
VII.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.
VIU.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.
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
MCDOT Contract #, 2022-060,2022-061 Page 9 of 26
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:
° 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
MCDOT Contract #. 2022-060,2022-061 Page 10 of 26
the CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
e 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.
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.
MCDOT Contract #. 2022-060,2022-061 Page 11 of 26
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 —- FORCE MAJEURE: Neither party shall be liable for failure of performance,
nor incur any liability to the other party on account of any loss or damage resulting from any delay
or failure to perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of the parties. Such
events, occurrences, or causes will include acts of God/nature (including fire, flood, earthquake,
storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities
(whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or
usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, and interruption or failure of electricity or
telecommunication service.
Each party, as applicable, shall give the other party notice of its inability to perform and particulars
in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the
situation and remove, as soon as practicable, the cause of its inability to perform or comply.
The party asserting Force Majeure as a cause for non-performance shall have the burden of proving
that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that
all non-excused obligations were substantially fulfilled, and that the other party was timely notified
of the likelihood or actual occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
ARTICLE XV - 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 XVI -- FORCED LABOR:
By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-
394, Contracting; procurement; prohibition; written certification; remedy; termination; exception;
definitions.
Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will
not use:
The forced labor of ethnic Uyghurs in the People’s Republic of China.
Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China.
Any contractors, subcontractors or suppliers that use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
If contractor becomes aware during the term of the agreement that contractor is not in compliance
with this paragraph, the contractor shall notify the County within five business days after becoming
MCDOT Contract #. 2022-060,2022-061 Page 12 of 26
aware of the noncompliance. If the contractor fails to provide a written certification to the County
that the contractor has remedied the noncompliance within 180 days after notifying the County of
its noncompliance, then the agreement terminates, except that if the agreement termination date
occurs before the end the 180 day period, the agreement terminates on the agreement termination
date.
(END OF SECTION)
MCDOT Contract #. 2022-060,2022-061 Page 13 of 26
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.
B & F Contracting, Inc.
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
Jennifer Toth, PE. 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
MCDOT Contract #, 2022-060,2022-061 Page 14 of 26
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 ($Click here to enter text.) 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 5 , for WORK ORDER NO. ~ CONTRACT
TITLE - Traffic Signal Maintenance and Improvements, 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:
MCDOT Contract #, 2022-060,2022-061 Page 15 of 26
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 ($Click here to enter text.) 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 has entered into a certain written contract with Obligee, dated the day of
, for WORK ORDER NO. CONTRACT TITLE - Traffic
Signal Maintenance and Improvements, 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:
MCDOT Contract #. 2022-060,2022-061 Page 16 of 26
Maricopa County 8id 220103-JOC
Attachment 4 - NON-COLLUSION AFFIDAVIT
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
Bruce W. Balls being first duly sworn, deposes and says;
Thatheis ._ CEO of _ B&F Contracting, Inc.
{Title) (Name of Business)
bidding on 220103-JOC for the construction of Traffic Signal Maintenance and Improvements 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 i in any collusion, entered into any contract, combination, conspiracy or other
act n-téStpaint of trade or commerce in a provisions of A.R.S. § 34-251, Article 4, as amended,
fa
Kill li 2 —
(Signature of Affiant)
L, .
Subscribed and sworn to before me this [, at day of Ty 20. 22 .
My Commission Expires: &- S-2@u
MARK J, WRI
NOTARY PUBLIC - ARIZONA
Maricopa County
Commission # 627222
Comm. Exp, June 5, 2026
(Notary Public)
— —= —<—<— — SSS
Request Far Qualifications Page 30
Traffic Signal Maintenance and Improvements Thursday, May 19, 2022
Job Order Contractor Serial 220103-JOC
6/22/2022 2:28 PM p.66
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
MCDOT Contract #. 2022-060,2022-061 Page 19 of 26
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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 MCDOT Contract No. 2022-060,2022-061, JOC — Traffic Signal Maintenance and
Improvements, 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 A ffiant)
Subscribed and sworn to before me this day of. »200_
(Notary Public)
My Commission Expires
MCDOT Contract #. 2022-060,2022-061 Page 20 of 26