210014-CONTRACT PHASE II GMP 2.PDF
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Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract between Maricopa County and FNF Construction
Pg. # 1
CONSTRUCTION MANAGEMENT AT RISK (CMAR)
PHASE II, GMP 2
CONSTRUCTION SERVICES
Broadway Road Bridges at Tempe Canal, TT0557
Office of Procurement Services
Serial # 210014-CMR
Contract # 210014-CMR
C-_____________________________________
Project # TT0557
Transportation
MARICOPA COUNTY, ARIZONA
C-73-23-085-X-01
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract between Maricopa County and FNF Construction
Pg. # 1
MARICOPA COUNTY
Table of Contents
CONTRACT AGREEMENT .......................................................................................................................... 3
1.
SCOPE OF WORK ................................................................................................................. 3
2.
DEFINITIONS ......................................................................................................................... 3
3.
ELIGIBILITY OF CONTRACTOR ............................................................................................ 6
4.
CONTRACT DOCUMENTS .................................................................................................... 6
5.
TIME OF COMPLETION ......................................................................................................... 6
6.
PAYMENTS ............................................................................................................................ 7
7.
TERMINATION ....................................................................................................................... 7
8.
TERMINATION FOR CONVENIENCE .................................................................................... 7
9.
TERMINATION FOR DEFAULT .............................................................................................. 7
10.
TERMINATION BY THE COUNTY.......................................................................................... 7
11.
SUSPENSION OF WORK ....................................................................................................... 7
12.
NEGOTIATION CLAUSE ........................................................................................................ 8
13.
COMPLIANCE WITH LAWS ................................................................................................... 8
14.
SBE PROGRAM ..................................................................................................................... 9
15.
SBE PARTICIPATION PAY FORM ......................................................................................... 9
16.
NON-DISCRIMINATION PROVISION: .................................................................................... 9
17.
INFLUENCE ............................................................................................................................ 9
18.
INDEMNIFICATION ................................................................................................................ 9
19.
INSURANCE REQUIREMENTS ............................................................................................. 10
20.
COVERAGES ......................................................................................................................... 10
21.
COMMERCIAL GENERAL LIABILITY ..................................................................................... 11
22.
AUTOMOBILE LIABILITY ....................................................................................................... 11
23.
WORKERS’ COMPENSATION ............................................................................................... 11
24.
CERTIFICATES OF INSURANCE .......................................................................................... 11
25.
CANCELLATION AND EXPIRATION NOTICE ....................................................................... 11
26.
FORCE MAJEURE ................................................................................................................. 12
27.
LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION CONTRACTS 12
28.
PROTESTS ............................................................................................................................. 12
29.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION ...................................... 12
30.
REQUIREMENT FOR POSTING NOTICES AND POSTERS ................................................. 13
31.
WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01 .......................................... 13
32.
RIGHT TO AUDIT ................................................................................................................... 13
33.
BOND REQUIREMENTS ........................................................................................................ 13
34.
MISCELLANEOUS .................................................................................................................. 14
Attachment A - SUBCONTRACTOR LISTING ............................................................................................. 17
Attachment B - LEGAL WORKER CERTIFICATION .................................................................................... 18
Attachment C – NON COLLUSION AFFIDAVIT ........................................................................................... 19
Attachment D - VERIFICATION OF LICENSE ............................................................................................. 20
Attachment E - MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM ................................... 21
Attachment F - STATUTORY PAYMENT BOND .......................................................................................... 22
Attachment G - STATUTORY PERFORMANCE BOND ............................................................................... 23
Attachment H – SAMPLE CERTIFICATE OF LIABILITY INSURANCE ........................................................ 24
Attachment I - CERTIFICATE OF PERFORMANCE .................................................................................... 26
Attachment J – MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION TITLE VI ASSURANCES 27
APPENDIX A ................................................................................................................................................ 30
APPENDIX B: CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY ......................... 31
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract between Maricopa County and FNF Construction
Pg. # 2
APPENDIX C: CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER
THE ACTIVITY, FACILITY, OR PROGRAM ........................................................................... 32
APPENDIX D: CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED
UNDER THE ACTIVITY, FACILITY OR PROGRAM ............................................................... 33
APPENDIX E ................................................................................................................................................ 34
Broadway Road Bridges at Tempe Canal, TT0557
Contract – Construction Manager at Risk
Serial # 210014‐CMR
Pg. # 3
(GMP 2) of:
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 11th day of December, 2024, by and between
MARICOPA COUNTY, hereinafter called the COUNTY, acting by and through its BOARD OF
SUPERVISORS, and
FNF Construction, Inc. hereinafter called CONSTRUCTION MANAGER AT RISK (CMAR).
WITNESSETH:
That the said CMAR, for and in the consideration of the sum not to exceed the Guaranteed Maximum
Price
$ 7,027,259.43
to be paid to CMAR by the COUNTY, in the manner and at the times hereinafter provided, and of the other
covenants and agreements herein contained, hereby agrees for himself, heirs, executors, administrators,
successors, and assigns as follows:
1.
SCOPE OF WORK
CMAR shall construct, and complete in a workmanlike and substantial manner and to the satisfaction
of the Transportation Department Director, a project for the Maricopa County Transportation
Department, designated as Serial # 210014-CMR, Broadway Road Bridges at Tempe Canal,
TT0557, and furnish at its own cost and expense all necessary machinery, equipment, tools, apparatus,
materials, and labor to complete the work in the most substantial and workmanlike manner according
to the Plans and Specifications on file with the Maricopa County Transportation Department, and
such modifications of the same and other directions that may be made by the Maricopa County
Transportation Department as provided herein. When completed, all work shall be delivered to
Transportation Department free and clear of all claim, liens, and charges.
The CMAR certifies that the approved Plans, Special Provisions and other Contract Documents dated
8/23/2024 have been carefully examined and also that the work site has been inspected. The CMAR
certifies that it has participated as a member of the Project design team and has determined that the
Project is able to be constructed as represented in the Plans, Special Provisions (hereinafter the
“Contract Documents”) and other Contract Documents. Contract Documents shall be deemed to be a
part of this Contract whether or not attached to this contract.
The CMAR further proposes to perform all extra work that may be required on the basis provided in the
Contract Documents.
2.
DEFINITIONS
AMENDMENT - A written alteration to the executed contract, within the general scope of work, which
authorizes and directs any of the following: an addition, deletion, or revision to the scope of work; or an
adjustment in the contract performance period or contract value; or any combination thereof. The term
“Amendment” is also referred to and may be designated as “Change Order.”
BOARD OF SUPERVISORS – The Maricopa County Board of Supervisors, its successors and assigns.
CHANGE ORDER: A written document ordering a change in the Contract Price or Contract Time or a
material change in the Work as determined by the ENGINEER The term “Change Order” is also referred
to and may be designated as “Amendment”.
CONSULTANT: The individual, partnership, corporation, association, joint venture, or any combination
thereof, of properly registered professional architects and/or engineers, which has entered into an
agreement to provide professional design services to the COUNTY.
CONTRACT DOCUMENTS: The Project Manual (including this Agreement and its Exhibits,
Attachments and Forms), drawings and specifications, the Request For Qualifications and
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 4
CONTRACTOR’s response thereto (as negotiated and accepted by the COUNTY), any Addenda to the
Project Manual, the record of the contract award by the Maricopa County Board of Supervisors, the
Contract, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed,
and all agreed upon modifications issued after execution of the Contract are the documents which are
collectively referred to as the Contract Documents.
CONTRACT: This Construction Services Agreement.
CONTRACT PRICE: The amount established in this contract agreement, as may be amended by
Change Order.
CONTRACTOR: An individual, partnership, corporation, limited liability company, association, joint
venture, or any combination thereof, which has entered into the contract with the COUNTY to provide
construction management services. The term “CONTRACTOR” means and includes the
CONTRACTOR and all of its representatives and subcontractor. The term “CONTRACTOR” is also
referred to and may be designated as “CMAR”.
CONSTRUCTION MANAGER at RISK (CMAR): CONTRACTOR who will provide pre-construction
management services during the design phase of the Project and may serve as the general contractor
during the construction phase. The term “CMAR” is also referred to and may be designated as
“CONTRACTOR”.
DAY – A calendar period of 24 hours, measured from midnight to the following midnight.
DESIGN SPECIFICATION – Category of specifications, which sets out in detail, the materials used for
contract work and the mode and manner in which contract work is to be performed.
DESIGNEE: the person or entity named, nominated or selected for the purpose identified in that section
of this Contract.
ENGINEER: The ranking managerial employee of the COUNTY or that person’s designee, expressly
designated as ENGINEER, in writing by the Transportation Director; who is the representative of the
COUNTY, concerning the Contract Documents.
FINAL COMPLETION: The date certified by the CONTRACTOR and ENGINEER in the Final
Certificate of Performance and Payment in which all conditions and requirements of any permits and
regulatory agencies have been satisfied, and the documents (if any) required to be provided by
CONTRACTOR have been received by the ENGINEER, and to the best of CONTRACTOR’s and
ENGINEER’s information and belief that the Project has been fully completed in accordance with the
terms and conditions of the Contract Documents.
GUARANTEED MAXIMUM PRICE (GMP): The maximum compensation payable to the CMAR in
performance of the construction of the project, or portions of the project, as specified in the contract
documents.
GMP ALLOWANCE: Funds included in the GMP to be used by the CMAR only with the written
consent of the County. Each allowance is item specific. The allowances establish the type and
amount of risk that the Department and the CMAR have assumed in agreeing to the GMP. There are
three types of allowances:
(A) Fixed Allowance: A fixed allowance establishes the upper limit that the County will pay for the
corresponding item of work.
(B) Open Allowance: An open allowance designates that there is no upper quantity limit for the
corresponding item of work.
(C) Provisional Allowance: A provisional allowance establishes the upper limit that the County
will pay for work identified during the Preconstruction Phase that may be required on the project
under certain circumstances.
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 5
GMP ITEM SCHEDULE: The list of pay item numbers, descriptions, quantities, units of
measurement, unit prices and extended amounts, allowances, overhead and profit that makes up the
GMP.
GUARANTEED MAXIMUM PRICE CONSTRUCTION SERVICES CONTRACT: The method of
construction contracting whereby the CONTRACTOR provides design phase consulting services
(preconstruction services) and management responsibility for the project (general conditions). The fee
is a dollar amount negotiated for profit, overhead and off-site general and administrative costs. All
subcontracts are generally awarded by the CONTRACTOR based on qualifications alone or on a
combination of qualifications and price and shall not be based on price alone. The total price paid to
the CONTRACTOR is either the direct costs plus the fee or the Guaranteed Maximum Price (GMP),
whichever is less. This construction services contract utilizes the Guaranteed Maximum Price as the
method of compensation.
MATERIALS: Materials incorporated in this Project, or used or consumed in the performance of the
Work.
NOTICE TO PROCEED: One or more written notifications to CMAR authorizing the commencement of
work.
PLANS AND/OR DRAWINGS: The official graphic representations of this construction project which
are a part of the Construction Services Contract Documents.
PRICING DOCUMENTS: The set of documents upon which the Construction Services contract is
negotiated is comprised of the following: (i) the COUNTY approved Contract Documents, (ii) the
Estimated CMAR’s Direct Construction Cost including unit prices, quantities and explanatory notes),
(iii) the CMAR’s General Condition Items, (iv) pricing assumptions, (v) GMP ITEM Schedule, (vI)
schedules developed by the CMAR and approved by the ENGINEER PROJECT MANAGER, and any
other documents or exhibits utilized to derive the GMP.
PROJECT: The construction, alteration or repair, and all service and incidents thereto, as contemplated
and budgeted by the COUNTY, including the work described in the Scope of Work.
PROJECT MANUAL: The official documents setting forth information and requirements; contract forms,
bonds, and certificates; general and supplementary conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
SCHEDULE: A timeline of the scope of work that, at a minimum, contains those elements which are
applicable to the project, i.e., contract start and completion dates, coordination meetings, dates of
required submittals, and significant project milestones.
SMALL BUSINESS ENTERPRISE (SBE): The Maricopa County Small Business Enterprise (SBE)
Program is incorporated by reference. It is Maricopa County’s policy to provide small businesses the
opportunity to participate in the County’s solicitation process and to be considered to fulfill the
requirement for various commodities and services. No specific SBE participation percentage goal or
dollar amount has been established for this contract.
SPECIAL PROVISIONS: The Special conditions, requirements, additions, and/or revisions to the
Standard Specifications, applicable to the work, to cover conditions or requirements peculiar to the
project under consideration.
SPECIFICATION – A description of the technical requirements for a material, product, or service that
includes the criteria for determining whether these requirements are met.
STANDARD – A document that establishes engineering and technical limitations and applications of
materials, processes, methods, designs, and engineering practices.
SUBCONTRACTOR: A person, firm or corporation having direct contact with CMAR including one who
furnishes material worked to a special design according to the Project Manual for this work, but does
not include one who merely furnishes material not so worked.
Broadway Road Bridges at Tempe Canal, TT0557
Contract – Construction Manager at Risk
Serial # 210014‐CMR
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SUBSTANTIAL COMPLETION: That date(s) on which, as certified in writing by CMAR, the work, or a
portion thereof designated by the ENGINEER in its sole discretion, is at a level of completion in
substantial compliance with the Contract Documents such that all conditions of permits and regulatory
agencies have been satisfied and the COUNTY or its designee can use or operate it in all respects for
its intended purpose. A Certificate of Final Inspection must be issued for Substantial Completion to be
achieved.
SURETY: The entity or individual who is legally bound to provide acceptable and timely performance
of the work under the contract and for the payment of all debts pertaining thereto, in the event CMAR,
who is primarily liable for such items, fails to perform under this CONTRACT, all in accordance with
A.R.S. § 34-222, as amended from time to time.
TERMINATION – Right reserved by the COUNTY to bring an end to the CONTRACT for either the
convenience of the COUNTY, or due to the unexcused failure of the CMAR to perform.
VALUE ENGINEERING: An organized approach to providing the necessary function or product which
provides equal or better performance at a lower cost.
WORK: The totality of the obligations, including construction and other services required by the
Contract Documents, whether completed or partially completed, including all labor, materials,
equipment and service provided or to be provided by CMAR to fulfill the CMAR’s obligations. The work
may constitute the whole or a part of the project.
WRITTEN or IN WRITING – Any worded or numbered expression which can be read, reproduced, and
later communicated, and includes electronically transmitted and stored information.
WRITTEN NOTICE: Shall be deemed to have been duly served if delivered in person to the individual
or to a member of the firm or to an officer of the corporation for whom it is intended, if delivered at or
sent by registered mail or other traceable delivery service to the party.
3.
ELIGIBILITY OF CONTRACTOR
The CMAR shall be licensed by the Registrar of Contractors in the State of Arizona for the types of
work (construction) included in the project. The contractor must hold a current license of the appropriate
category issued by the Arizona Registrar of Contractors at the time the contract is executed and
throughout the life of this contract.
The CMAR shall be required to certify that the CMAR and any subcontractors are appropriately licensed
as contractors in the State of Arizona for performing the before-mentioned Type of work. Verification
shall be on the form provided herein.
The CMAR shall perform, with the CMAR’s own organization, construction work that amounts to not
less than forty-five percent of the total contract price for the construction.
4.
CONTRACT DOCUMENTS
The GMP/Contract Documents (GMP, Plans, Construction Special Provisions, Addenda, if any,
Maricopa Association of Governments (M.A.G.) Standard Specifications and Uniform Standard Details,
latest revisions thereto, Maricopa County Supplement to M.A.G. Uniform Standard Specifications for
Public Works Construction, Subcontractor Selection Plan, 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.
5.
TIME OF COMPLETION
CMAR further covenants and agrees at its own proper cost and expense, to do all work as aforesaid
for the construction of said improvements and to completely construct the same and install the material
therein, as called for by this agreement free and clear of all claims, liens, and charges whatsoever, in
the manner and under the conditions. The CMAR shall achieve substantial completion of all major
construction activities within four hundred forty days (440) calendar days from a Notice to Proceed
issued by the COUNTY; and additional one hundred eighty-five (185) calendar days is provided
Broadway Road Bridges at Tempe Canal, TT0557
Contract – Construction Manager at Risk
Serial # 210014‐CMR
Pg. # 7
for administrative closure. The total contract duration from the Notice to Proceed issued by the
COUNTY is six hundred twenty-five (625) calendar days, beyond four hundred forty (440) calendar
days liquidated damages will be charged in accordance with the contract documents.
6.
PAYMENTS
For and in consideration of the satisfactory performance of the work herein embraced as set forth in
the GMP/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 CMAR the
amount earned, computed from actual quantities of work performed and accepted, or materials
furnished at the unit price on the GMP Item Schedule made a part hereof, and to make such payment
in accordance with the requirements of A.R.S. § 34-221, as amended. CMAR agrees to discharge its
obligations and make payments to its subcontractors and suppliers in accordance with A.R.S. §
32-1129.
No retention will be held on this contract.
7.
TERMINATION
The COUNTY hereby gives notice that pursuant to A.R.S. § 38-511 A, this contract may be canceled
without penalty or further obligation within three (3) years after execution if any person significantly
involved in initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY
is, at any time while the contract or any extension of the contract is in effect, an employee or agent of
any other party to the contract in any capacity or a Contractor to any other party of the contract with
respect to the subject matter of the contract. Cancellation under this section shall be effective when
written notice from the COUNTY is received by all of the parties to the contract. In addition, the
COUNTY may recoup any fee or commission paid or due to any person significantly involved in
initiation, negotiation, securing, drafting or creating the contract on behalf of the COUNTY from any
other party to the contract arising as a result of the contract.
8.
TERMINATION FOR CONVENIENCE
The COUNTY reserves the right to terminate the Contract, in whole or in part at any time, when in the
best interests of the County without penalty or recourse. Upon receipt of the written notice, the CMAR
shall immediately stop all work, as directed in the notice, notify all subcontractors of the effective date
of the termination and minimize all further costs to the County. In the event of termination under this
paragraph, all documents, data and reports prepared by the Contractor under the Contract shall
become the property of and shall be delivered to the County upon demand. The CMAR shall be entitled
to receive just and equitable compensation for work in progress, work completed and materials
accepted before the effective date of the termination.
9.
TERMINATION FOR DEFAULT
If the CMAR fails to meet deadlines, or fails to provide the agreed upon service/material altogether, a
termination for default will be issued. The termination for default will be issued only after the COUNTY
deems that the CMAR has failed to remedy the problem after being forewarned.
10. TERMINATION BY THE COUNTY
If the CMAR should be adjudged bankrupt or should make a general assignment for the benefit of its
creditors, or if a receiver should be appointed on account of its insolvency, the County may terminate
the Contract. If the CMAR should persistently or repeatedly refuse or should fail, except in cases for
which extension of time is provided, to provide enough properly skilled workers or proper materials, or
persistently disregard laws and ordinances, or not proceed with work or otherwise be guilty of a
substantial violation of any provision of this Contract, then the County may terminate the Contract. Prior
to termination of the Contract, the COUNTY shall give the CMAR fifteen (15) calendar days written
notice. Upon receipt of such termination notice, the CMAR shall be allowed fifteen (15) calendar days
to cure such deficiencies.
11. SUSPENSION OF WORK
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 8
The Procurement Officer may order the CMAR, in writing, to suspend, delay, or interrupt all or any part
of the work of this CMAR for the period of time that the Procurement Officer determines appropriate for
the convenience of the County.
If the performance of all or any part of the work is, for an unreasonable period of time, suspended,
delayed, or interrupted (1) by an act of the Procurement Officer in the administration of this Contract,
or (2) by the Procurement Officer’s failure to act within the time specified in this Contract (or within a
reasonable time if not specified), an adjustment shall be made for any increase in the cost of
performance of the Contract (excluding profit) necessarily caused by the unreasonable suspension,
delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall
be made under this provision for any suspension, delay or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the fault or
negligence of the CMAR, or for which an equitable adjustment is provided for or excluded under any
other term or condition of this Contract.
A claim under this provision shall not be allowed:
1. For any costs incurred more than twenty (20) days before the Contractor shall have notified the
Procurement Officer in writing of the act or failure to act involved (but this requirement shall not
apply as to a claim resulting from a suspension order); and
2. Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the date of final payment
under the contract.
12. NEGOTIATION CLAUSE
Recovery of damages related to expenses incurred by the CMAR for which the COUNTY is responsible,
that is unreasonable under the circumstances and that was not within the contemplation of the parties
to the contract, shall be negotiated between the CMAR and the COUNTY. This provision shall not be
construed to void any provision in the contract that requires notice of delays, provides for arbitration or
other procedures for settlement or provides for liquidated damages.
13. COMPLIANCE WITH LAWS
The CMAR is required to comply with all Federal, State and local ordinances and regulations. The
CMAR’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 CMAR 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 CMAR warrants that it is in compliance with A.R.S. §41-4401 and further acknowledges:
(1) That the CMAR and its sub-contractors, if any, warrant their compliance with all federal
immigration laws and regulations that relate to their employees and their compliance with A.R.S.
§23-214, subsection A; After December 31, 2007, every employer, after hiring an employee,
shall verify the employment eligibility of the employee through the e-verify program and shall
keep a record of the verification for the duration of the employee’s employment or at least three
(3) years, whichever is longer.
(2) That a breach of a warranty under subsection 1 above, shall be deemed a material breach of
the contract that is subject to penalties up to and including termination of the contracts;
(3) That the contracting government entity retains the legal right to inspect the papers of any CMAR
or sub-contractor employee who works on the contract to ensure that the CMAR or sub-
contractor is complying with the warranty provided under subsection 1 above and that the
CMAR 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 CMAR or sub-contractor an agent or employee of the
contracting government entity.
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Serial # 210014-CMR
Contract – Construction Manager at Risk
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14. 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.
15. SBE PARTICIPATION PAY FORM
This form is to be submitted with each pay application or invoice. Any pay application or invoice without
this form attached is subject to rejection as not being a completed pay application or invoice pursuant
to the terms of the contract.
16. NON-DISCRIMINATION PROVISION:
CMAR 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. CMAR further agrees to insert the foregoing provision in all subcontracts
hereunder. CMAR shall also comply with all applicable provisions of the Americans with Disabilities
Act of 1990.
17. INFLUENCE
As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any unethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
(1)
A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment
or educational passes or tickets, or any type of valuable contribution or subsidy;
(2)
That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement
Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County
Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract.
18. 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 therefrom, 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.
The scope of this indemnification does not extend to the sole negligence of County.
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Serial # 210014-CMR
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19. INSURANCE REQUIREMENTS
The contractor, at the contractor’s own expense, shall purchase and maintain, at a minimum, the herein
stipulated insurance from a company or companies duly licensed by the State of Arizona and
possessing a current AM Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated
insurance may be purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of County. The form
of any insurance policies and forms must be acceptable to County.
All insurance required herein shall be maintained in full force and effect until all work or service required
to be performed under the terms of the contract is satisfactorily completed and formally accepted.
Failure to do so may, at the sole discretion of County, constitute a material breach of this contract.
In the event that the insurance required is written on a claims-made basis, contractor warrants that any
retroactive date under the policy shall precede the effective date of this contract and either continuous
coverage will be maintained, or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
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 the 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 the contractor of any deficiencies
in such policies and endorsements, and such receipt shall not relieve the contractor from, or be deemed
a waiver of Maricopa County’s right to insist on strict fulfillment of the contractor’s obligations under this
contract.
The insurance policies required by this contract, except Workers’ Compensation, shall name County,
its agents, representatives, officers, directors, officials, employees, Arizona Department of
Transportation, and State of Arizona as additional insureds.
The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of
rights of recovery (subrogation) against County, Maricopa County, City, its agents,
representatives, officers, directors, officials, and employees for any claims arising out of the contractor’s
work or service.
If available, the insurance policies required by this contract may be combined with Commercial
Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella
insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate
which lines the Commercial Umbrella Insurance covers.
20. COVERAGES
Commercial General Liability $2,000,000 Each Occurrence
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 11
$2,000,000 Personal & Advertising Injury
$4,000,000 General Aggregate
$4,000,000 Products/Completed Operations
Automotive Liability $2,000,000 Each Occurrence
Workers’ Compensation $1,000,000 Each Accident
$1,000,000 Disease for Each Employee
$1,000,000 Disease Policy Limit
21. COMMERCIAL GENERAL LIABILITY
Commercial General Liability (CGL) insurance and, when necessary, Commercial Umbrella insurance
with a limit of not less than $2,000,000 for each occurrence, $2,000,000 Personal/Advertising Injury,
$4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property damage, and blanket contractual
coverage, and shall not contain any provision that 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.
22. 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.
23. WORKERS’ COMPENSATION
Workers’ Compensation insurance to cover obligations imposed by Federal and state statutes having
jurisdiction of the 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.
24. CERTIFICATES OF INSURANCE
Prior to commencing work or services under this contract, the 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 the 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 contract 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 the 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 15
days prior to the expiration date.
25. CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without 30-days prior
written notice to County.
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 12
26. 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.
27. LEGAL WORKER REQUIREMENTS FOR SERVICE AND CONSTRUCTION
CONTRACTS
As required by A.R.S. § 41-4401, the County is prohibited after September 30, 2008, from awarding a
contract to any service or construction contractor who fails, or whose subcontractors fail, to comply with
A.R.S. § 23-214-A. The contractor warrants that it complies fully with all Federal immigration laws and
regulations that relate to its employees, that it shall verify, through the employment verification program,
E-Verify, as jointly administered by the U.S. Department of Homeland Security and the Social Security
Administration or any of its successor programs, the employment eligibility of each employee hired after
December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to provide the
same warranties to the contractor.
The contractor acknowledges that a breach of this warranty by contractor or by any subcontractor or
sub-subcontractor under this contract shall be deemed a material breach of this contract, and is grounds
for penalties, including termination of this contract, by Maricopa County. Maricopa County retains the
right to inspect the records of any contractor, subcontractor, and sub-subcontractor employee who
performs work under this contract, and to conduct random verification of the employment records of the
contractor and any subcontractor and sub-subcontractor who works on this contract to ensure that the
contractor and each subcontractor and sub-subcontractor is complying with the warranties set forth
above. Contractor shall be responsible for all costs associated with compliance with this requirement.
A copy of the certification document is contained in this solicitation.
28. PROTESTS
Maricopa County believes that it can best maintain its reputation for treating contractors and/or
suppliers in a fair, honest, and consistent manner by conducting solicitations in good faith and by
granting competitors an equal opportunity to win an award. Any protest shall be filed pursuant to the
Maricopa County Procurement Code, Section MC1-905. Protests shall be directed to the procurement
officer.
29. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
The undersigned (authorized official signing for the contractor) certifies to the best of his or her
knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR
Part 76, and its principals:
1)
are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 13
2)
have not within three-year period preceding this solicitation or contract been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)
transaction or contract under a public transaction; or violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3)
are not presently indicted or otherwise criminally or civilly charged by a government entity
(Federal, State or local) with commission of any of the offenses enumerated in subsection (2)
of this certification; and
4)
have not, within a three-year period preceding this contract or solicitation, had one or more
public transactions (Federal, State or local) terminated for cause of default.
Should the contractor/bidder not be able to provide this certification, a comprehensive explanation as
to why should be attached to its bid.
The contractor/bidder agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this contract.
30. REQUIREMENT FOR POSTING NOTICES AND POSTERS
CMAR is responsible for posting all notices and posters in accordance with the Federal and state
requirements. A list of the state required notices and posters can be found on the Industrial Commission
of Arizona website.
31. WRITTEN CERTIFICATION PURSUANT TO A.R.S. § 35-393.01
If CMAR engages in for-profit activity and has 10 or more employees, and if this agreement has a value
of $100,000 or more, CMAR certifies it is not currently engaged in, and agrees for the duration of this
agreement not to engage in, a boycott of goods or services from Israel. This certification does not apply
to a boycott prohibited by 50 U.S.C § 4842 or a regulation issued pursuant to 50 U.S.C § 4842.
32. RIGHT TO AUDIT
This Project is an “open book” project. The CMAR shall maintain complete and accurate accounting
records to substantiate all Project costs. The County may attend any and all meetings, and the County
shall have access to any and all records of the CMAR or maintained by CMAR relating to the Project.
Project costs and records of accounts between the County and CMAR shall be kept on a generally
accepted accounting basis and shall be available for six years after Final Acceptance of the Project. The
County, and its authorized representatives, shall have the right to audit the CMAR’s records to verify the
accuracy and appropriateness of all pricing data, including data used to negotiate Contract Documents
and any Change Orders. The County shall have the right to decrease payments made on the Agreement
commensurately if, upon audit of the CMAR’s records, the audit discloses the CMAR has provided false,
misleading, or inaccurate cost data related to costs paid on a reimbursable basis. The books, records,
documentation and accounting procedures and practices of the CMAR relevant to this Agreement shall be
subject to inspection, examination and audit by the County. The County may at reasonable times and
places, audit the books and records of the CMAR or and subcontractor under any contract or subcontract
to the extent that the books and records relate to the performance of the Contract or subcontract. This
records audit provision shall be a part of all the subcontractor, and sub-subcontractor agreements relevant
to the Project.
33. BOND REQUIREMENTS
The Contractor agrees to maintain at all times a Payment Bond and a Performance Bond in
accordance with the provisions of A.R.S. §34-610 (together, the “Bonds”), approved by the Board of
Supervisors, each in an amount equal to one hundred percent (100%) of the GMP as hereinafter
defined, which shall not include the cost of any design services, preconstruction services, finance
services, maintenance services, operations services or any other related services included in this
contract. The Performance Bond shall serve not only to guarantee the completion of the work on the
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 14
part of the Contractor, but also to guarantee the contractual requirements of both workmanship and
material and the Payment Bond shall guarantee payment of all obligations incurred.
34. MISCELLANEOUS
UNIFORM ADMINISTRATIVE REQUIREMENTS:
When applicable and by entering into this Contract the Contractor agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R.
§ 200 et seq.
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 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.
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 15
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AUTHORIZED SIGNATURE FORM
WHEREAS,
, an
corporation, is required to execute certain
(NAME OF STATE)
documents which are necessary for the prompt and efficient execution of the corporate business:
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
(CORPORATE NAME)
that (name of parties authorized)
,
be authorized to execute and sign documents on behalf of said corporate the following documents:
1.
The Proposal
6.
Supplemental Agreements
2.
The Contract
7.
Extension of Time
3.
The Bond
8.
Request for Force Account Work
4.
Payrolls
9.
All other papers necessary for the conduct of the
corporation's affairs and the execution of the contract.
5.
Claims
10
Subcontracts
The powers and duties herein granted shall be and is hereby granted for the duration of the contract for the construction of
or until express notice of revocation has been duly given in writing, whichever is the lesser period.
Dated and passed by the Board of Directors this
day of
,
(SIGNATURE OF PERSONS AUTHORIZED TO SIGN)
(TITLE)
(DOCUMENT NO.)
CERTIFICATE
STATE OF
)
) ss.
COUNTY OF
)
I,
of the
, a
corporation do hereby certify that the above is a true and correct copy of a resolution adopted by the Board of Directors of said corporation, by
unanimous written consent on
and that the same is in full force and effect at this time.
(DATE)
Dated
(Seal of Corporation)
STATE OF
)
) s.s.
COUNTY OF
)
(OFFICER OF THE CORPORATION)
This instrument was acknowledged before me this
day of
by
appearing before the undersigned Notary Public, and state that he
executed such instrument on behalf of said corporation for the purpose and consideration therein expressed.
(NOTARY PUBLIC)
My Commission Expires:
FNF Construction, Inc.
Arizona
FNF Construction, Inc.
Arizona
Maricopa
Robert W. Bottcher, President
FNF Construction, Inc.
11/13/2024
Arizona
Maricopa
13th
November, 2024
Robert W. Bottcher, President
July 02, 2022
see below
2nd
July
2022
Robert W. Bottcher, President
1-10
Shawn Sheble, Vice President
1-10
April 24, 2028
Byron Hubbard, Vice President
1-10
Broadway Road Bridges at Tempe Canal, Phase II GMP 2
210014-CMR
TT0557
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 16
IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which shall for all
purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on
the date and year first above written.
By:
Party of the First Part
By:
Printed Name
Signature
Title:
Date:
Tax Identification Number
Vendor Terms
Maricopa County Office of Procurement Services
Party of the Second Part
RECOMMENDED BY:
Jesse Gutierrez, P.E.
County Engineer/Transportation Director
Date
BOARD OF SUPERVISOR’S APPROVAL:
By:
Chairman, Board of Supervisors
Date
LEGAL REVIEW:
Approved as to form and within the Powers and
authority granted under the laws of the State of
Arizona to Maricopa County.
Deputy County Attorney
Date
913-13
NIGP Commodity Code (Advantage)
ATTEST:
By: ________________________________
Clerk of the Board
Date
FNF Construction, Inc.
Robert W. Bottcher
President
11/13/2024
86-0474623
N/A
Robert W. Bottcher
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 17
Attachment A - SUBCONTRACTOR LISTING
The following is a listing of material suppliers and/or subcontractors which will be used by contractor in
the event the undersigned enters into a contract with the County. No changes of the subcontractors
and material suppliers named herein shall be made without the prior written approval of the County.
(Signature)
Robert W. Bottcher
President
QuakeWrap-Pipe Strengthening, Southwest Hazard Control-Asbestos Mitigation
The Ground Level Company-Demolition, William Charles-Electrical, Avila Masonry-Masonry
WSP, Inc.-Milling, Stinger Bridge & Iron-Precast,ACS Services- Quality Control,
Blue Dot Steel-Railing, Ammex Rebar Placers-Rebar, A-Core Concrete Cutting-Saw cutting,
Keller North America-Drilled Shafts, Hunter Guardrail-Fence and Signs, Pavement Marking LLC-Striping
Metro Traffic Control-Traffic Control, Howe Precast-Precast Barrier,Truesdell-Ultra-High-Performance Concrete
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 18
Attachment B - LEGAL WORKER CERTIFICATION
(Date)
Maricopa County
Office of Procurement Services – Article 5
301 W. Jefferson Street, Suite 700
Phoenix, Arizona 85003
As required by Arizona Revised Statutes § 41-4401, Maricopa County (the “County”) is prohibited, after
September 30, 2008, from awarding a contract to any contractor who fails, or whose subcontractors fail,
to comply with Arizona Revised Statutes § 23-214-A. The undersigned entity warrants that it complies
fully with all Federal immigration laws and regulations that relate to its employees, that it shall verify,
through E-Verify as jointly administered by the U.S. Department of Homeland Security and the Social
Security Administration, or any of its successor programs, the employment eligibility of each employee
hired after December 31, 2007, and that it shall require its subcontractors and sub-subcontractors to
provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any subcontractor
or sub-subcontractor under any contract resulting from this solicitation shall be deemed a material breach
of the contract, and is grounds for penalties, including termination of the contract, by the County. The
County retains the right to inspect the records of the below entity, subcontractor, and sub-subcontractor
employee who performs work under the contract, and to conduct random verification of the employment
records of the below entity and any subcontractor and sub-subcontractor who works on the contract, to
ensure that the below entity and each subcontractor and sub-subcontractor is complying with the
warranties set forth above.
(Firm)
(Address Line 1)
(Print Name)
(Address Line 2)
(Print Title)
(Phone)
(Signature Required)
(Fax)
(Email Address)
(Federal Taxpayer ID Number)
11/13/2024
FNF Construction, Inc.
115 S. 48th Street
Tempe, AZ 852871
Robert W. Bottcher
President
(480) 784-2910
N/A
86-0474623
rbottcher@fnfinc.com
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 19
Attachment C – NON COLLUSION AFFIDAVIT
STATE OF ARIZONA
)
) ss.
COUNTY OF MARICOPA
)
, being first duly sworn, deposes and says:
That he is
of
(Title)
(Name of Business)
bidding on Serial #210014-CMR for the construction of Broadway Road Bridges at Tempe Canal,
TT0557 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
.
Notary Public
My Commission Expires:
Robert W. Bottcher
President
FNF Construction, Inc.
13th
November
24
April 24, 2028
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 20
Attachment D - 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
11/13/2024
FNF Construction, Inc.
Robert W. Bottcher,
President
N/A
N/A
A-General Engineering ROC 069374 exp 12/31/2026
B-1 General Commercial Contractor ROC 083636 exp 07/31/2026
07282683
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 21
Attachment E - 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.
SBE Firm Name
SBE Firm Address
Type of Work
Performed
$ Pd to SBE this
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.
Signature
Date
Printed Name & Telephone Number
Robert W. Bottcher, President
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Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 24
Attachment H – SAMPLE CERTIFICATE OF LIABILITY INSURANCE
Maricopa County
SERIAL # 210014-CMR
CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/D
D/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER
THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE
A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE
CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. IF SUBROGATION
IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
NAME AND ADDRESS OF INSURANCE AGENCY:
*INSURERS AFFORDING COVERAGES:
NAIC#
Company
Letter
A
Company
Letter
B
Company
Letter
C
NAME AND ADDRESS OF INSURED:
Company
Letter
D
Company
Letter
E
Company
Letter
F
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LT
R
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD
POLICY
NUMBER
POLICY
EFF
(MM/DD
/YY)
POLICY
EXP
(MM/DD/Y
Y)
LIMITS
GENERAL LIABILITY:
COMMERCIAL
GENERAL LIABILITY
: CLAIMS MADE
: OCCUR
: BODILY INJURY
: BLANKET
CONTRACTURAL
: BROAD FORM
PROPERTY
DAMAGE
GEN’L AGGREGATE LIMIT
APPLIES PER
: POLICY : PROJECT
: LOCATION
X
X
EACH
OCCURRENCE
PERSONAL & ADV
INJURY
GENERAL
AGGREGATE
PRODUCTS/
COMP/OP AGG
$2,000,000
$2,000,000
$4,000,000
$4,000,000
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 25
AUTOMOBILE LIABILITY:
: ANY AUTO
: ALL OWNED AUTOS
: HIRED AUTOS
: ALL NON-OWNED
AUTOS
X
X
COMBINED
SINGLE LIMIT (EA
Accident)
BODILY INJURY
(Per Person)
BODILY INJURY
(Per Accident)
PROPERTY
DAMAGE
(Per accident)
$2,000,000
: EXCESS/UMBRELLA
LIABILITY
: Claims Made : Occur
: Deductible :
Retention
EACH
OCCURRENCE
AGGREGATE
: WORKERS’
COMPENSATION
AND EMPLOYERS’
LIABILITY
Any
Proprietor/Partner/Executive
Office/Member Excluded :
YES : NO
If Yes describe under Special
Provisions
N/A
: WC
STATUTORY
LIMITS
E.L: EA
ACCIDENT
E.L. DISEASE:
EACH
EMPLOYEE
E.L. DISEASE:
POLICY
LIMIT
$1.000,000
$1,000,000
$1,000,000
SPECIAL PROVISIONS: The policies required hereunder, except Workers’ Compensation, 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 Contractors work or service. Except Workers’ Compensation, the County, its agents, representatives, officers,
directors, officials, and employees are named as Additional Insureds. To the extent provided in this Contract, insured shall defend,
indemnify, and hold harmless the County 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 the County, its agents, employees, or indemnities. It is agreed that any insurance available to the named insured
shall be primary of all other sources that may be available and insurance maintained by County shall not contribute to it. Renewal
certificate must be sent to County fifteen (15) days prior to the expiration date. THIS CERTIFICATE IS NOT VALID UNLESS
COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.
CERTIFICATE HOLDER
MARICOPA COUNTY OFFICE OF PROCUREMENT
SERVICES
301 W. Jefferson Street, Suite 700
PHOENIX, ARIZONA 85003
CANCELLATION
It is further agreed that no policy shall expire, be canceled, or
materially changed to affect the coverage available to the
County without thirty (30) days written notice to the County.
________________
AUTHORIZED REPRESENTATIVE SIGNATURE
DATE
ISSUED
Broadway Road Bridges at Tempe Canal, TT0557
Serial # 210014-CMR
Contract – Construction Manager at Risk
Pg. # 26
Attachment I - CERTIFICATE OF PERFORMANCE
OF CONSTRUCTION CONTRACT AND PAYMENT OF ALL CLAIMS
hereby certifies to the Maricopa County
(Name of Signer)
(COUNTY) that all lawful claims for labor, rental of equipment, material used, and any other claims by
(Firm) or its subcontractors and suppliers in connection with performance of
Serial # 210014-CMR, Broadway Road Bridges at Tempe Canal, TT0557 have been duly discharged
as required by Arizona Revised Statutes, Section 34-221 and Maricopa Association of Governments
Uniform Standard Specifications for Public Works Construction (MAG), Section 109.7.
(Firm) understands that with receipt of payment for previously invoiced amounts
plus any retained funds and/or release of escrow funds, that this is a settlement of all claims of every
nature and kind against the COUNTY arising out of the performance of the COUNTY’s Serial # 210014-
CMR, Broadway Road Bridges at Tempe Canal, TT0557 relating to the material, equipment, and work
covered in and required by this 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 claim in regard to this contract.
Upon submission of this Certificate of Performance and an invoice for any applicable retained funds, the
COUNTY will process final payment and release applicable escrow funds in accordance with the Contract
and MAG requirements.
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:
Attachment J – MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION TITLE
VI ASSURANCES
Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the
following Assurances with respect to its Federal Aid Highway Program.
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in §§ 21.23 (b) and
21.23 (e) of 49 C.F.R. § 21 will be (with regard to an “activity”) facilitated, or will be (with regard to
a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all
requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For
Proposals for work, or material subject to the Acts and the Regulations made in connection with all
Federal Aid Highway Program and, in adapted form, in all proposals for negotiated agreements
regardless of funding source:
“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 to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract
entered into pursuant to this 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.”
3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or
agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with
the land, in any deed from the United States effecting or recording a transfer of real property,
structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility or part of a
facility, the Assurance will extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of
real property or an interest in real property, the Assurance will extend to rights to space on, over, or
under such property.
7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this
Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or
similar instruments entered into by the Recipient with other parties:
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
a. for the subsequent transfer of real property acquired or improved under the applicable
activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired
or improved under the applicable activity, project or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or is in the form
of, personal property, or real property, or interest therein, or structures or improvements thereon, in
which case the Assurance obligates the Recipient, or any transference for the longer of the following
periods:
a. the period during which the property is used for a purpose for which the Federal financial
assistance is extended, or for another purpose involving the provision of similar services or
benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the
Secretary of Transportation or the official whom he/she delegates specific authority to give
reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors, consultants, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or pursuant to the
Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, Maricopa County Department of Transportation also agrees to comply (and
require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply)
with all applicable provisions governing Federal Highway Administration or Arizona Department of
Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize
that you must comply with any program or compliance reviews, and/or complaint investigations conducted
by the Federal Highway Administration or Arizona Department of Transportation. You must keep records,
reports, and submit the material for review upon request to Federal Highway Administration, Arizona
Department of Transportation, or its designee in timely, complete, and accurate way. Additionally, you must
comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or
detailed in program guidance.
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
Maricopa County Department of Transportation gives this ASSURANCE in consideration of and for
obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid
and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of
Transportation under the Federal Highway Administration and Arizona Department of Transportation. This
ASSURANCE is binding on Arizona, other recipients, sub-recipients, sub-grantees, contractors,
subcontractors and their subcontractors, transferees, successors in interest, and any other participants in the
Federal Aid Highway Program The person(s) signing below is authorized to sign this ASSURANCE on
behalf of the Recipient.
Maricopa County Department of Transportation
(Name of Recipient)
by _____________________________________________ DATED ________________________
(Signature of Authorized Official)
Attachments
Appendices A, B, C, D, E
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
5/6/2024
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the “contractor”) agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the
Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S.
Department of Transportation, Federal Highway Administration or the Arizona Department of
Transportation, as they may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performance by it during the contract, will
not discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,
including employment practices when the contract covers any activity, project, or program set forth in
Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under
this contract and the Acts and Regulations relative to Non-discrimination on the grounds of race, color, or
national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts,
the Regulations, and directives issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Recipient, the
Federal Highway Administration or Arizona Department of Transportation to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will
so certify to the Recipient, the Federal Highway Administration, or Arizona Department of
Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration or Arizona Department of Transportation, may determine to be appropriate, including, but
not limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect
to any subcontract or procurement as the Recipient, the Federal Highway Administration, or Arizona
Department of Transportation may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a
subcontractor or supplier because of such direction, the contractor may request the Recipient to enter into
any litigation to protect the interests of the Recipient. In addition, the contractor may request the United
States to enter into the litigation to protect the interests of the United States.
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
APPENDIX B: CLAUSES FOR DEEDS TRANSFERRING UNITED
STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property,
structures, or improvements thereon, or granting interest therein from the United States pursuant to the
provisions of Assurance 4.
NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that
Maricopa County Department of Transportation will accept title to the lands and maintain the project constructed
thereon in accordance with Title 23, United States Code the Regulations for the Administration of Federal Aid for
Highways, and the policies and procedures prescribed by the Arizona Department of Transportation, Federal
Highway Administration and the U.S. Department of Transportation in accordance and in compliance with all
requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.
252;42 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the Maricopa
County Department of Transportation all the right, title and interest of the U.S. Department of Transportation in
and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Maricopa County Department of Transportation
and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein
contained as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and will be binding on the Maricopa County Department of
Transportation, its successors and assigns.
The Maricopa County Department of Transportation, in consideration of the conveyance of said lands and
interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors
and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility
located wholly or in part on, over, or under such lands hereby conveyed [.] [and]* (2) that the Maricopa County
Department of Transportation will use the lands and interests in lands and interests in lands so conveyed, in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S.
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-
assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations and Acts may be amended, [and (3) that in the event of breach of any of the above-
mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in and become
the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this
instruction].*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to make clear the purpose of Title VI.
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
APPENDIX C: CLAUSES FOR TRANSFER OF REAL PROPERTY
ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR
PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered
into by the Maricopa County Department of Transportation pursuant to the provisions of Assurance
7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property
described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department
of Transportation activity, facility, or program is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will
maintain and operate such facilities and services in compliance with all requirements imposed
by the Acts and Regulations (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities,
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities
thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
enter or re-enter the lands and facilities thereon, and the above described lands and facilities will
there upon revert to and vest in and become the absolute property of the Maricopa County
Department of Transportation and its assigns*.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary to
make clear the purpose of Title VI.
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
APPENDIX D: CLAUSES FOR CONSTRUCTION/USE/ACCESS TO
REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR
PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements
entered into by Maricopa County Department of Transportation pursuant to the provisions of
Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that
(1) no person on the ground of race, color, or national origin, will be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that
in the construction of any improvements on, over, or under such land, and the furnishing of services
thereon, no person on the ground of race, color, or national origin, will be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the
(grantee, licensee, lessee, permittee etc.) will use the premises in compliance with all other
requirements imposed by or pursuant to the Acts and Regulations, as amended set forth in this
Assurance.
B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above
Nondiscrimination covenants, Maricopa County Department of Transportation will have the right to
terminate the (license, permit, etc., as appropriate) and to enter or re-enter or re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate)
had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants,
Maricopa County Department of Transportation will there upon revert to and vest in and become the
absolute property of Maricopa County Department of Transportation and its assigns.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary
in order to make clear the purpose of Title VI.
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87
APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “contractor”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin): and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because
of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or
activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and
contractors, whether such programs or activities are Federally funded
or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of
disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by
Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, which ensures discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable
steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1687 et seq).
DocuSign Envelope ID: 3AE82777-34EF-45D1-B407-BAE9B659FA87