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JOB ORDER CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
Nesbitt Contracting Co., Inc
FOR
Intersection Improvements
SERIAL # 210078-JOC
MCDOT CONTRACT # 2021-039
AGENDA # _______________________________
MCDOT Contract #. 2021-039
Page 2 of 25
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MCDOT CONTRACT # 2021-039
TABLE OF CONTENTS
Table of Contents
TABLE OF CONTENTS ............................................................................................... 2
ARTICLE I - SCOPE OF WORK: ................................................................................ 3
ARTICLE II - CONTRACT DOCUMENTS: ................................................................ 3
ARTICLE III - TIME OF COMPLETION:................................................................... 4
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE: ....................... 4
ARTICLE V – PAYMENTS:......................................................................................... 4
ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR
TASK ORDER .............................................................................................................. 5
VI-A TERMINATION BY THE OWNER FOR CAUSE
5
VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE
6
VI-C OWNER'S TERMINATION FOR CONVENIENCE
6
ARTICLE VII - NEGOTIATION CLAUSE: ................................................................. 8
ARTICLE VIII - COMPLIANCE WITH LAWS: .......................................................... 8
ARTICLE IX - SBE PROGRAM: ................................................................................. 9
ARTICLE X - ANTI-DISCRIMINATION PROVISION: .............................................. 9
ARTICLE XI - INDEMNIFICATION: .......................................................................... 9
ARTICLE XII - INSURANCE REQUIREMENTS: ....................................................... 10
ARTICLE XIII – INFLUENCE: ................................................................................... 11
ARTICLE XIV – TITLE VI: ......................................................................................... 12
Signature ...................................................................................................................... 13
STATUTORY PAYMENT BOND ................................................................................. 14
STATUTORY PERFORMANCE BOND ....................................................................... 15
CERTIFICATE OF INSURANCE ................................................................................ 16
NO COLLUSION AFFIDAVIT ..................................................................................... 17
VERIFICATION OF LICENSE .................................................................................... 18
AFFIDAVIT OF COMPLIANCE .................................................................................. 19
MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM ......................... 20
Certificate of Performance and Payment of ALL Claims ............................................... 21
ON CALL CONSTRUCTION PAYMENT REQUEST .................................................. 22
TITLE VI ASSURANCES ............................................................................................. 23
EXHIBIT A-SCOPE OF WORK ................................................................................... 24
EXHIBIT B-FEE SCHEDULE ...................................................................................... 25
MCDOT Contract #. 2021-039
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MCDOT CONTRACT # 2021-039
Job Order Contract for Intersection Improvements
The Maricopa County Department of Transportation, hereinafter called the COUNTY, is desirous of
having Job Order Contract for Intersection 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 Nesbitt Contracting Co., Inc hereinafter called “CONTRACTOR”, with its principal offices
located at P.O. Box 63035, Phoenix, AZ 85082, (602) 442-6767, is desirous of performing said
services;
THIS AGREEMENT, made and entered into this 15th day of September_, 2021, by and between
MARICOPA COUNTY acting by and through its BOARD OF SUPERVISORS, and Nesbitt
Contracting Co., Inc.
WITNESSETH: The CONTRACTOR shall be paid a fee not-to-exceed Five Million Dollars
($5,000,000) per year up to five (5) years for a total not-to-exceed of Twenty Five Million and
No Cents ($25,000,000) 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 Intersection 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 Intersection 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 II - CONTRACT DOCUMENTS:
The Contract Documents (Plans, Specifications, Addenda, if any, Affidavits, Performance Bond,
Payment Bond, Certificates of Insurance, and Change Orders, if any) are by this reference made a
part of this Contract and shall have the same effect as though all of the same were fully inserted herein.
MCDOT Contract #. 2021-039
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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 Intersection Improvements and to completely construct the
same and provide the services therein, as called for by this agreement free and clear of all claims,
liens, and charges whatsoever, in the manner and under the conditions specified within the time, or
times, stated in the Work Assignment.
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE:
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work will
be developed for each Work Assignment and incorporated herein by reference, and if applicable,
a Small Business Enterprise goal will be established. A not-to-exceed fee will be negotiated for
each Work Assignment consistent with Exhibit B, Unit Price List.
The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit A,
General Scope of Work and the detailed Scope of Work as negotiated for each specific Work
Assignment. Performance for a Work Assignment shall commence only upon receipt of the
Agent’s written notice to proceed. Work Assignments may be issued at any time during the term of
this Contract. This Contract will remain in full force and effect during the performance of any Work
Assignment.
This contract shall be effective for a period of one (1) year from the Board award date and may be
renewed, if mutually agreed to by both the CONTRACTOR and the COUNTY, for an additional
two (2) 1-year periods. Market escalations in material costs may be negotiated upon written request
from the Contractor.
ARTICLE V – PAYMENTS:
For and in consideration of the satisfactory performance of the work herein embraced as set forth
in the Contract Documents, which are a part hereof, and in accordance with the directions of the
COUNTY, through its Engineer and to its satisfaction, the COUNTY agrees to pay the said
CONTRACTOR the amount earned, computed from actual quantities of work performed and
accepted, or materials furnished at the price listed on the Work Assignment Proposal made a part
hereof, and to make such payment in accordance with the requirements of A.R.S. Sec. 34-607, as
amended. CONTRACTOR agrees to discharge its obligations and make payments to its
subcontractors and suppliers in accordance with A.R.S. Sec. 34-607.
The COUNTY does not guarantee any minimum or maximum fee during the period of this
contract, and Contractor, in accepting this contract, does not anticipate any minimum or maximum
fee.
The COUNTY shall pay the CONTRACTOR in full for each Work Assignment upon
satisfactory completion and acceptance by the COUNTY, provided the Contractor returns the
executed Certificate of Performance furnished by the Agent. Should an assignment require more
than thirty (30) days to complete, the Contractor may invoice progress payments based on
COUNTY approved monthly progress reports and subject to the limitations set forth in the Scope
of Work negotiated for each Work Assignment.
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 #. 2021-039
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ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK
ORDER
VI-A TERMINATION BY THE OWNER FOR CAUSE
VI-A.1
Criteria for Termination for Cause: The Owner may terminate the
Contract or terminate a Task Order if the Job Order Contractor:
VI-A.2
Repeatedly refuses or fails to supply enough properly skilled workers or
proper materials;
VI-A.3
Repeatedly disregards laws, ordinances, rules, regulations, or orders of
a public authority having jurisdiction;
VI-A.4
Materially breaches any provision of the Contract or Task Order;
VI-A.5
Fails to furnish the Owner with assurances satisfactory to the Owner
evidencing the Job Order Contractor’s ability to complete the Work for
the Task Order in compliance with all the requirements of the Contract;
or
VI-A.6
Fails after commencement of the Work to proceed diligently and
continuously with the construction and completion of the Work for more
than seven (7) days, except as permitted under the Contract.
VI-A.7
Repeatedly refuses or fails to carry out Safety provisions as required by
Contract;
VI-A.8
Fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Job Order
Contractor and the Subcontractors.
VI-A.9
Effect of Termination for Cause: When any of the above conditions
exist, the Owner, may without prejudice to any other rights or remedies
of the Owner, and after giving the Job Order Contractor and the Job
Order Contractor’s Surety, if any, three (3) days' written notice,
terminate the Contract or Task Order and may, subject to any prior rights
of the Surety:
VI-A.10
Take possession of the Site and all materials, equipment, tools, and
construction equipment machinery thereon owned by the Job Order
Contractor;
VI-A.11
Accept assignment of subcontracts pursuant to Article 5.4; and
VI-A.12
Finish the Work for the Task Order by whatever reasonable method the
Owner may deem expedient.
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VI-A.13
Job Order Contractor Right to Receive Payment: When the Owner
terminates the Contract or a Task Order for one of the reasons stated in
Article VI-A.2-VI-A.8, the Job Order Contractor shall not be entitled to
receive further payment for the Task Order until the Work is finished.
VI-A.14
Costs for Finishing Work: If the unpaid balance of the Contract Sum
exceeds costs of finishing the Work for the Task Order, including
compensation for the Owner’s services and expenses made necessary
thereby, such excess shall be paid to the Job Order Contractor. If such
costs exceed the unpaid balance, the Job Order Contractor shall pay the
difference to the Owner. The amount to be paid to the Job Order
Contractor or Owner, as the case may be, shall, upon application, be
certified after consultation with the Owner, and this obligation for
payment shall survive termination of the Contract.
VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE
VI-B.1
Owner's Right: The Owner may, without cause, order the Job Order
Contractor in writing to suspend, delay, or interrupt the Work for a Task
Order in whole or in part for such period of time as the Owner may
determine.
VI-B.2
Adjustment in Task Order Sum. An adjustment shall be made for
increases in the cost of performance of the Task Order, including profit
on the increased cost of performance, caused by suspension, delay, or
interruption. No adjustment shall be made to the extent:
VI-B.3
that performance is, was, or would have been so suspended, delayed, or
interrupted by another cause for which the Job Order Contractor is
responsible; or
VI-B.4
that an equitable adjustment is made or denied under another provision
of this Contract.
VI-B.5
Method for Adjustment in Task Order Sum: Adjustments made in the
cost of performance may have a mutually agreed fixed or percentage
fee.
VI-C OWNER'S TERMINATION FOR CONVENIENCE
VI-C.1
Effect of Termination for Convenience: The Owner reserves the right
to terminate the Contract or a Task Order for convenience and without
cause, even if Job Order Contractor has not failed to perform any part
of the Contract or a Task Order. Termination of the Task Order Work
shall be effected by written notice to the Job Order Contractor. Upon
receipt of such notice, Job Order Contractor shall, unless the notice
otherwise directs:
VI-C.2
Immediately discontinue the Work of the Task Order and the placing of
all orders and subcontracts in connection with this Contract;
MCDOT Contract #. 2021-039
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VI-C.3
Immediately cancel all of the existing orders and subcontracts made
hereunder or for the Task Order involved;
VI-C.4
Immediately transfer to the Owner all materials, supplies, Work in
progress, appliances, facilities, machinery, and tools acquired by the Job
Order Contractor in connection with the performance of the Contract or
the Task Order, and take such action as may be necessary or as the
Owner may direct for protection and preservation of the Work relating
to this Contract; and
VI-C.5
Deliver all plans, Drawings, Specifications, and other necessary
information to Owner.
VI-C.6
Job Order Contractor’s Exclusive Remedy: If the Owner terminates the
Contract or a Task Order for convenience, the following shall be the Job
Order Contractor’s exclusive remedy:
VI-C.7
Reimbursement of all actual expenditures and costs approved by the
Owner as having been made or incurred in performing the Work;
VI-C.8
Reimbursement of expenditures made and costs incurred with the
Owner's prior written approval in settling or discharging outstanding
commitments entered into by the Job Order Contractor in performing
the Contract; and
VI-C.9
Payment of profit, in so far as profit is realized hereunder, of an amount
equal to the estimated profit on any Task Order Work underway at the
time of termination multiplied by the percentage of completion of the
Work. In no event shall the Job Order Contractor be entitled to
anticipated fees or profits on Work not required to be performed.
VI-C.10
Warranties, Guarantees, and Indemnities to Remain in Effect: All
obligations of the Job Order Contractor under the Contract with respect
to completion of the Work, including but not limited to all warranties,
guarantees, and indemnities, shall apply to all Work completed or
substantially completed by the Job Order Contractor prior to a
convenience termination by the Owner. Notwithstanding the above, any
convenience termination by the Owner or payments to the Job Order
Contractor shall be without prejudice to any claims or legal remedies
that the Owner may have against the Job Order Contractor for any cause.
VI-C.11
Conversion of Termination for Cause to Termination for Convenience:
Upon a determination that a termination of this Contract or a Task
Order, other than a termination for convenience, under this Article was
wrongful or improper for any reason, such termination shall
automatically be deemed converted to a convenience termination under
this Article VI, and the Job Order Contractor’s remedy for such
wrongful termination shall be limited to the recoveries specified under
Article VI-C.6.
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VI-C.12
Remedy Limited to Damages: In the event that Job Order Contractor is
terminated, whether for cause or convenience, the Job Order
Contractor’s sole remedy shall be for damages. In no event shall Job
Order Contractor be entitled to reinstatement or other equitable relief
from a court or through Alternative Dispute Resolution as provided in
Exhibit B.
VI-C.13
Notice that Contract is Subject to Termination Provisions of A.R.S.
§ 38-511: The parties acknowledge, and as required by law, notice is
hereby given that this Contract is subject to A.R.S. § 38-511.
VI-C.14
NON-DISCRIMINATION: CONTRACTOR agrees to comply with all
provisions and requirements of Arizona Executive Order 2009-09
including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive order
99-4 and amends Executive order 75-5 and may be viewed and
downloaded at the Governor of the State of Arizona’s website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is
hereby incorporated into this contract as if set forth in full herein. During
the performance of this contract, CONTRACTOR shall not discriminate
against any employee, client or any or any other individual in any way
because of that person’s age, race, creed, color, religion, sex, disability
or national origin.
ARTICLE VII - NEGOTIATION CLAUSE:
Recovery of damages related to expenses incurred by CONTRACTOR for a delay for which the
COUNTY is responsible, which is unreasonable under the circumstances and which was not within
the contemplation of the parties to the contract, shall be negotiated between CONTRACTOR and
the COUNTY. This provision shall be construed so as to give full effect to any provision in the
contract, which requires notice of delays, provides for arbitration or other procedure for settlement or
provides for liquidated damages.
ARTICLE VIII - COMPLIANCE WITH LAWS:
CONTRACTOR is required to comply with all Federal, State and local ordinances and regulations.
CONTRACTOR'S signature on this contract certifies compliance with the provisions of the I-9
requirements of the Immigration Reform Control Act of 1986 for all personnel that CONTRACTOR
and any subcontractors employ to complete this project. It is understood that the COUNTY shall
conduct itself in accordance with the provisions of the Maricopa County Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further
acknowledges:
VIII.A That the CONTRACTOR and its sub-contractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate
to their employees and their compliance with A.R.S. §23-214, subsection
A; after December 31, 2007, every employer, after hiring an employee,
shall verify the employment eligibility of the employee through the e-
MCDOT Contract #. 2021-039
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verify program and shall keep a record of the verification for the duration
of the employee’s employment or at least three years, whichever is longer.
VIII.B
That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of the contract that is subject to penalties up to and
including termination of the contracts;
VIII.C
That the contracting government entity retains the legal right to inspect
the papers of any CONTRACTOR or sub-contractor employee who
works on the contract to ensure that the CONTRACTOR or sub-
contractor is complying with the warranty provided under subsection 1
above and that the CONTRACTOR agrees to make all papers and
employment records of said employee(s) available during normal working
hours in order to facilitate such an inspection.
VIII.D That nothing herein shall make any CONTRACTOR or sub-contractor an
agent or employee of the contracting government entity.
ARTICLE IX - SBE PROGRAM:
It is Maricopa County’s policy to endeavor to ensure in every way possible that small business
participation firms shall have the opportunity to provide professional services, materials, and
contractual services to the County in a nondiscriminatory manner.
ARTICLE X - ANTI-DISCRIMINATION PROVISION:
CONTRACTOR agrees not to discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, disability, or national origin, and further agrees not to engage
in any unlawful employment practices. CONTRACTOR further agrees to insert the foregoing
provision in all subcontracts hereunder.
ARTICLE XI - INDEMNIFICATION:
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold
harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from
and against all claims, damages, losses and expenses, including reasonable attorney fees and court
costs, but only to the extent caused by the negligence, reckless or intentional wrongful conduct of
the consultant or others persons employed or used by the consultant in the performance of the
contract or subcontract. “Other persons employed or used” means a subconsultant to a consultant
or design professional in any tier, or any
other person or entity who performs work or design professional services, or provides labor,
services, materials or equipment in connection with the contract.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph. The scope of this
indemnification does not extend to the sole negligence of COUNTY.
MCDOT Contract #. 2021-039
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ARTICLE XII - INSURANCE REQUIREMENTS:
CONTRACTOR, at CONTRACTOR'S own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State of Arizona
and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance companies meet the approval of
COUNTY. The form of any insurance policies and forms must be acceptable to COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach of
this Contract.
CONTRACTOR’S insurance shall be primary insurance as respects COUNTY, and any
insurance or self-insurance maintained by COUNTY shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under
the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage
provided to COUNTY under such policies. CONTRACTOR shall be solely responsible for the
deductible and/or self-insured retention and COUNTY, at its option, may require
CONTRACTOR to secure payment of such deductibles or self-insured retentions by a surety
bond or an irrevocable and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies of
any or all of the herein required insurance policies and/or endorsements. COUNTY shall not be
obligated, however, to review such policies and/or endorsements or to advise CONTRACTOR of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
CONTRACTOR from, or be deemed a waiver of COUNTY’S right to insist on strict fulfillment
of CONTRACTOR’S obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its agents,
representatives, officers, directors, officials and employees for any claims arising out of
CONTRACTOR’S work or service.
CONTRACTOR is required to procure and maintain the following coverages indicated by a
checkmark:
MCDOT Contract #. 2021-039
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•
Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, $4,000,000 General Aggregate Limit, and
$2,000,000 Personal & Advertising Injury. The policy shall include coverage for bodily
injury, broad form property damage, personal injury, products and completed operations
and blanket contractual coverage, and shall not contain any provision which would serve
to limit third party action over claims. There shall be no endorsement or modification of
the CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
•
Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage of
not less than $2,000,000 each occurrence with respect to any of the CONTRACTOR’S
owned, hired, and non-owned vehicles assigned to or used in performance of the
CONTRACTOR’S work or services under this Contract.
•
Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CONTRACTOR’S employees engaged in the performance
of the work or services under this Contract; and Employer’s Liability insurance of not less
than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONTRACTOR shall furnish
COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or formal
endorsements as required by the Contract in the form provided by the County, issued by
CONTRACTOR’S insurer(s), as evidence that policies providing the required coverages,
conditions and limits required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims made”
basis, coverage shall extend for two years past completion and acceptance of CONTRACTOR’S
work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to
COUNTY fifteen (15) days prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to COUNTY.
ARTICLE XIII – INFLUENCE:
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct,
may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
MCDOT Contract #. 2021-039
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XIII-A
Person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type
valuable contribution or subsidy,;
XIII-B
That is offered or given with the intent to influence a decision, obtain a
contract, garner favorable treatment, or gain favorable consideration of
any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
ARTICLE XIV – 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.
(END OF SECTION)
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IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which shall for
all purposes be deemed an original thereof, have been duly executed by the parties hereinabove
named, on the date and year first above written.
Nesbitt Contracting Co., 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:
Jennifer Toth, P.E.
County Engineer/Transportation Director
By:
Date:
Deputy County Attorney
Date:
BOARD OF SUPERVISOR’S APPROVAL:
By:
Chairman, Board of Supervisors
Date:
ATTEST:
By:
Clerk of the Board
Approved as to form and within the
Powers and authority granted under the
laws of State of Arizona to Maricopa
County.
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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 (Five Million Dollars ($5,000,000) per year up to five (5) years for a
total not-to-exceed of Twenty Five Million and No Cents ($25,000,000) 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 15th day of September, 2021, for WORK ORDER NO. 2021-039, - Intersection
Improvements, Work Assignment No. 2021-039 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 #. 2021-039
Page 15 of 25
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 (Five Million Dollars ($5,000,000) per year up to five (5) years for a
total not-to-exceed of Twenty Five Million and No Cents ($25,000,000) for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the 15th
day of September, 2021, for WORK ORDER NO. 2021-039, - Intersection Improvements,
Work Assignment No. 2021-039, 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 #. 2021-039
Page 16 of 25
Maricopa County Department of Transportation
CERTIFICATE OF INSURANCE
SERIAL NO. 210078-JOC
PROJECT TITLE: Job Order Contract for Intersection Improvements
NAME AND ADDRESS OF INSURANCE AGENCY:
*COMPANIES AFFORDING COVERAGES:
Company
Letter
A
Company
Letter
B
Company
Letter
C
NAME AND ADDRESS OF INSURED:
Company
Letter
D
Company
Letter
E
Company
Letter
F
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
*CO.
LTR.
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
(MM/DD/YY)
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
GENERAL LIABILITY:
COMMERCIAL GENERAL LIABILITY
: Claims Made : Occur
: PREMISES OPERATIONS
: BLANKET CONTRACTURAL
: BROAD FORM PROPERTY
DAMAGE
: PERSONAL INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU HAZARDS
: INDEPENDENT CONTRACTORS
: OWNER’S AND CONTRACTOR’S
PROTECTIVE LIABILITY
GENERAL AGGREGATE
PRODUCTS/COMPLETED
OPERATIONS AGGREGATE
EACH OCCURRENCE
PERSONAL & ADVERTISING
INJURY
$4,000,000
$4,000,000
$2,000,000
$2,000,000
AUTOMOBILE LIABILITY:
: ANY AUTO
: ALL OWNED AND NON-OWNED
AUTOS
Combined Single Limit
Bodily Injury
Property Damage
Per person/Per accident
$2,000,000
$2,000,000
$2,000,000
$2,000,000
: EXCESS LIABILITY
: Umbrella Form
: Other than Umbrella Form
Each occurrence
Aggregate
$
$
: WORKERS’ COMPENSATION
AND EMPLOYERS’ LIABILITY
STATUTORY LIMITS AND
EMPLOYER’S LIABILITY:
EACH ACCIDENT
DISEASE: EACH EMPLOYEE
DISEASE: POLICY LIMIT
$1,000,000
$1,000,000
$1,000,000
: OTHER:
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County, and their agents,
representatives, officers, Directors, Officials, and employees are named as Additional Insured’s.
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County Department of Transportation, and their agents, representatives, officers, Directors,
Officials, and employees are named as Additional Insured’s on those types of policies described herein which are required to be furnished by this contract entered into between the
insured and MCDOT. To the extent provided in Contract, insured shall hold harmless MCDOT from liability arising out of any services provided or duty performed by insured as
required by statute, law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of MCDOT, its agents, employees,
or indemnities. It is agreed that any insurance available to the named insured shall be primary of other sources that may be available. It is further agreed that no policy shall expire,
be cancelled, or materially changed to affect the coverage available to MCDOT without thirty (30) days written notice to MCDOT. THIS CERTIFICATE IS NOT VALID
UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
2901 WEST DURANGO STREET
PHOENIX, ARIZONA 85009
DATE ISSUED:
AUTHORIZED REPRESENTATIVE
MCDOT Contract #. 2021-039
Page 17 of 25
NO COLLUSION AFFIDAVIT
BY CONTRACTOR
CERTIFYING THAT THERE WAS NO COLLUSION
IN SUBMITTING FOR CONTRACT
STATE OF ARIZONA
)
)§
COUNTY OF MARICOPA )
being first duly sworn, deposes and says:
That he is
of
(Title)
(Name of Business)
submitting on MCDOT Contract No. 2021-039 for the construction of Job Order Contract for
Intersection 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 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 _______________, 2021.
My Commission Expires:
(Notary Public)
MCDOT Contract #. 2021-039
Page 18 of 25
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 #. 2021-039
Page 19 of 25
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. 2021-039, JOC – Intersection 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 Affiant)
Subscribed and sworn to before me this
day of_____
, 20
.
(Notary Public)
My Commission Expires
MCDOT Contract #. 2021-039
Page 20 of 25
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.
Date: ___________________ ________________________________________
Signature
___________________________________________
Printed Name & Telephone Number
MCDOT Contract #. 2021-039
Page 21 of 25
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Certificate of Performance and Payment of ALL Claims
Project Name: JOC Intersection Improvements
__
hereby certifies to the Maricopa County Department of
(Name of Signer)
Transportation (MCDOT) that all lawful claims for labor, rental of equipment, material used, and any other
claims by Nesbitt Contracting Co., Inc or its subconsultants in connection with the project described
in MCDOT Contract No. 2021-039, have been paid.
____________________________________ understands that with receipt of payment for any previously
invoiced amounts, plus any retained monies, that this is a settlement of all claims of every nature and kind
against MCDOT arising out of the performance of MCDOT’s Contract No. 2021-039 relating to the
material, equipment and work covered in and required by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this
contract and that he/she has no knowledge of any pending or potential claims in regard to this contract.
Upon submission of this document and a separate invoice for any retained funds to MCDOT, invoice
processing will be completed within sixty (60) calendar days.
State of Arizona
)
)§
County of Maricopa
)
Signed this _______ day of
, 20
.
Signature
Title
Subscribed and Sworn to before me this
day of
, 20
.
Notary Public
My Commission Expires:
MCDOT Contract #. 2021-039
Page 22 of 25
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ON CALL CONSTRUCTION PAYMENT REQUEST
Submit to:
Maricopa County Department of Transportation
Attention: Financial Branch Services
2901 West Durango Street
Phoenix, Arizona 85009-6357
CONTRACTOR’S NAME: ______________________________________ DATE:__________________
CONTRACTOR’S ADDRESS:___________________________________________________________
PROJECT NAME:_______________________________ PAYMENT REQUEST NO.:______________
CONTRACT No.:_______________________________ WORK ASSIGNMENT NO.:_____________
Work Assignment
TIME PERIOD_________ TO ____________ MCDOT Project Manager:_______________________
A.
CONTRACTOR’S CONTRACT DATA
1.
Maximum Contract Amount
$_______________
2.
Prior Contract Work Assignments
$_______________
3.
Total Remaining Contract Amount
(A.1 minus A.2 minus B.1)
$_______________
B.
CONTRACTOR’S NTE FEE, THIS CONTRACT ASSIGNMENT
1.
NTE Fee, this Contract Work Assignment
$_______________
2.
Requested Payment: (Attach Backup Documentation)
1.____________________ 3._____________________ 5.____________________
2.____________________ 4._____________________ 6.____________________
3.
Total Fee Earned To Date, This Contract Work Assignment
$_______________
C.
PAYMENT REQUEST DATA
1.
Less Prior Payments, This Contract Work Assignment
$_______________
2.
Less Prior Retainage
$_______________
3.
Total Payment Request (B.3 minus C.1)
$_______________
4.
Less Retainage this Payment Request
$_______________
5.
Net Payment Request
$_______________
(C 3 minus C4)
Submitted by:_____________________________________________________ Date:____________
Contractor
Payment Request Verification:________________________________________ Date:____________
MCDOT Project Manager
Approval to Pay:___________________________________________________ Date:____________
MCDOT Division Head
MCDOT Contract #. 2021-039
Page 23 of 25
TITLE VI ASSURANCES
Request For Qualifications
Page 34
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
Exhibit 3 - TITLE VI ASSURANCES
Maricopa County Department of Transportation
Title VI Assurances
The Maricopa County Department of Transportation (herein referred to as the “Recipient”), HEREBY
AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of
Transportation (DOT), through Federal Highway Administration and Arizona Department of Transportation,
is subject to and will comply with the following:
Statutory/Regulatory 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);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the
Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,”
respectively.
General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda
and/or guidance, the Recipient hereby gives assurances that it will promptly take any measures necessary to
ensure that:
“No person in the United States shall, 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 under any
program or activity,” for which the Recipient receives Federal financial assistance from DOT,
including the Federal Highway Administration.
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI
and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the
Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non-
discrimination statutes and requirements to include all programs and activities of the Recipient, so long as
any portion of the program is Federally assisted.
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
Request For Qualifications
Page 35
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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-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:
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
Request For Qualifications
Page 36
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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.
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.
Request For Qualifications
Page 37
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
Attachments
Appendices A, B, C, D, E
Request For Qualifications
Page 38
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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.
Request For Qualifications
Page 39
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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.
Request For Qualifications
Page 40
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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.
Request For Qualifications
Page 41
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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, 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.
Request For Qualifications
Page 42
Intersection Improvements
Thursday, April 29, 2021
Job Order Contractor
Serial# 210078-JOC
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).
MCDOT Contract #. 2021-039
Page 24 of 25
EXHIBIT A-SCOPE OF WORK
EXHIBIT 7 - SCOPE OF WORK
FOR
JOB ORDER CONTRACT SERVICES FOR
INTERSECTION IMPROVEMENTS
SERIAL 210078-JOC
MCDOT CONTRACT NUMBER: 2021-038; 2021-039; 2021-040
GENERAL
Contractor shall perform all work required for intersection improvements and related construction
services. No work assignment shall exceed $2,000,000 in total cost. The total of all work
assignments shall not exceed $5,000,000 during any contract year.
CONSTRUCTION SERVICES
Construction services may include but are not limited to supplying all labor, material, and
equipment to complete installation of new signals and the upgrade or repair of existing signals,
roadway widening, drainage facilities, concrete flatwork, curbs, curb and gutter, pedestrian ramps,
intersection lighting, pavement markings, and roadway signage. Other Miscellaneous items may
include utility relocations, extra coordination efforts, landscape and irrigation restoration,
relocating or rebuilding fences of various materials and other related work.
WORK ASSIGNMENTS
Each work assignment that is mutually agreed upon and issued by the County will define specific
project requirements.
All construction shall conform to the Uniform Standard Specifications and Standard Details for
Public Works Construction published by the Maricopa Association of Governments (MAG) dated
2020 with most current revision (or the year indicated in the work assignment documents) together
with the Maricopa County Department of Transportation (MCDOT) Supplement to the MAG
Uniform Standard Specifications and Details (most current edition or as noted in the work
assignment documents), this scope of work, and the work assignment construction documents
(plans and special provisions).
Work assignments shall be undertaken only upon the issuance of a written notice to proceed. Work
assignments shall set forth the following:
1. Contract number and work assignment identification;
2. The description of work including the location, list of work items, and applicable special
provisions and drawings;
3. The period of performance and, if required by County, a work schedule;
4. The place of performance;
5. The calculated total price for the work to be performed;
6. Fee proposal signed by the Contractor; and
7. Approval Signatures by the County.
Work assignments will be at various locations throughout Maricopa County.
PAYMENTS
Payment for individual work assignments will be based on unit prices that do not exceed the unit
prices identified in the Unit Price List of Attachment F.
The amount of each work assignment will be the summation of the total amounts calculated for
each item of the work assignment. The total amount for each item shall be the work assignment
quantity times the unit price. Payment for each work assignment will be the calculated total amount
for completed and accepted quantities of each item.
The unit prices as identified in the Unit Price List, Attachment F, include all direct and indirect
costs associated with each individual work assignment of this Job Order Contract. The unit prices
include adjustments for the following:
• Direct labor, material and equipment costs
• Contractor's jobsite General Conditions
• Contractor's home office overhead and profit
• Subcontractors' overhead and profit
• Insurance
• All costs associated with bonding (specifically including bond premiums)
• Employee payroll taxes, insurance and fringe benefits
• Business taxes, contributions, memberships, corporate headquarters support (legal,
financial, etc.)
• Disposal of all waste and excess material
• Mobilization, demobilization
• Close out for the total contract and each work assignment
• Clean up
• Compliance with environmental laws ( overhead {indirect} costs associated with
performing work in compliance with county, state and federal regulations, including
obtaining any necessary licenses and permits, reporting requirements, etc.)
• Compliance with safety, health and sanitation laws and specifications (i.e., Contractor's
safety plan, face and clothing protection, etc.)
• Project management and supervision
• Quality control
• Management and equipment expenses
• Depreciation of equipment
• Interest associated with funding of equipment and payroll
• Submittal preparation
• License and fees
• Other risks of doing business (i.e., risk of a lower than expected contract dollar value; risk
of a high inflation cost; risk of poor subcontractor performance and reperformance)
The amount to be paid for work items not included in Attachment F, Unit Price List shall be
negotiated between the Contractor and the County.
ORDER OF PRECEDENCE
In the event a conflict exists between Contract Documents the following order of precedence in
descending order shall be as follows:
1. Work Assignment Special Provisions
2. Work Assignment Project Plans
3. Attachment E (This Scope of Work and its Special Provisions)
4. MCDOT Supplement to MAG Uniform Standard Specifications
5. MAG Uniform Standard Specifications
6. Standard Drawings or Standard Details
SPECIAL PROVISIONS
The following special provisions modify the MAG Uniform Standard Specifications as revised by
the MCDOT Supplement to MAG Uniform Standard Specifications.
SECTION 105 CONTROL OF WORK
105.8 CONSTRUCTION STAKES, LINES AND GRADES, add the following:
The County will provide survey control and staking as described in the MAG Specifications and
as modified by the MCDOT Supplemented to MAG. The Contractor shall lay out work in
accordance with the plans and specifications and shall be responsible for all measurements in
connection with the layout of the Work. Contractor shall furnish, at Contractor expense, all stakes,
templates, platforms, equipment, tools, materials, and labor required to layout the Work. The
Contractor shall also be responsible for maintaining and preserving all control points established
by the County.
SECTION 107 LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
107.1 COMPLIANCE WITH LAWS, add the following:
107.1.2 Environmental Mitigation Measures, revise as follows:
When a work assignment is subject to Environmental Mitigation Measures, the Contractor
shall adhere to all terms, conditions, and requirements contained in the Environmental
Clearance. The Environmental Clearance and all related documents are located in
Appendix A to the projects Special Provision and / or work assignment.
During project construction, MCDOT Environmental Program Branch shall be notified at
(602) 506-8068 of any proposed changes in scope of work and/or work to be added
outside the defined project limits, for evaluation of potential environmental impacts.
Payment for Environmental Mitigation Compliance will be an Allowance item. Payment
shall be full compensation for performing all activities associated with fulfilling
environmental mitigation measures that are not directly included within other pay items.
Payment will be based upon approved time and material invoices, in accordance with
Section 109.5.
107.1.3 BIRD NEST SURVEY
The Contractor shall not remove any trees or large tree limbs or conduct vegetation removal
activities such as grubbing or shrub clearing between February 1st and August 31st. If vegetation
removal will occur between February 1st and August 31st, the contractor shall arrange for a
qualified biologist* to conduct a bird nest survey/search of the grasses, shrubs, trees and/or limbs
to determine the presence/absence of active bird nests. The survey shall be completed within ten
(10) calendar days of vegetation removal. If active bird nests are identified during the bird nest
survey, the contractor shall notify the Engineer. The Engineer will contact the Maricopa County
Department of Transportation Environmental Program Branch (602.506.8068) to arrange for a
licensed wildlife rehabilitator to remove any eggs or nestlings from active nests, or have the
contractor avoid vegetation removal or pruning near the active bird nest(s) to comply with
provisions of the Migratory Bird Treaty Act. The contractor shall avoid vegetation removal or
pruning near active bird nest(s) until the Maricopa County Department of Transportation
Environmental Program Branch Manager authorizes the contractor to proceed.
Vegetation may be mowed or removed ONLY if it has been surveyed within ten (10) calendar
days prior to removal and as long as only inactive bird nests, if any, are present. Between
September 1st and January 31st, grubbing, shrub clearing, and/or tree/limb removal activities are
not subject to restriction.
*Qualified Biologist: Qualification Requirements; Successful completion of a full four-year course
of study in an accredited college or university leading to a bachelor’s or higher degree, which
included a major field (24 semester hours) of study in biological sciences, natural resources
management, or related disciplines appropriate to the services provided or a combination of
education and equivalent experience totaling a minimum of five years. The contractor shall
provide documentation that the biologist meets these qualifications to the Engineer and to the
Environmental Program Branch Manager for approval, prior to any survey work being performed.
107.1.4 BIRD NEST Relocation
If active bird nests are identified during the bird nest survey, the contractor shall notify the
Engineer. The Engineer will contact the Maricopa County Department of Transportation
Environmental Program Branch (602.506.8068) to arrange for a licensed wildlife rehabilitator to
remove any eggs or nestlings from active nests.
107.2 PERMITS, revise as follows:
107.2.1 Stormwater Control Measures for Erosion Control and Pollution Prevention:
If construction activities are anticipated to disturb less than one acre of land, the project
does NOT require coverage under the Construction General Permit (CGP). If the
Contractor’s operations will cause the construction activities to disturb one or more acres
of land, the Contractor shall be responsible for obtaining CGP coverage and comply with
permit requirements.
The Contractor shall take sufficient precautions, to control erosion, to prevent pollution of
surface waters and groundwater, and to comply with the environmental mitigations of the
project. Any concrete waste shall be properly controlled to prevent overflow or discharge
of wastewater from concrete waste management control measures.
Where the project has the potential to discharge pollutants to waters, pollution prevention
control measures shall be installed and maintained as approved by the Engineer. Control
Measures shall be deemed to include control of erosion and mitigation of any resulting
sediment. Control Measures may be temporary or permanent.
At least 15 days prior to the start of ground disturbing activities, the Contractor shall
submit for the Engineer’s approval, a plan for prevention of erosion and pollution including
all the Control Measures which the Contractor proposes to implement during the
construction of the project.
If, in the opinion of the Engineer, clearing and grubbing, excavation, or other construction
activities are likely to create an erosion problem because of the exposure of erodible earth
material, the Engineer may limit the surface area to be disturbed until satisfactory control
measures have been accomplished.
Payment for Stormwater Control Measures will be a reimbursable allowance based on
approved time and materials invoices, in accordance with Section 109.5. The amount
paid for under the allowance for Stormwater Control Measures shall include all material
and labor, not limited to the preparation, installation, maintenance, and removal of Control
Measures assuring proper operation of the pollution control devices installed, and all
maintenance, cleaning, and disposal costs associated with clean-up and repair following
storm events, runoff or releases on the project.
The Contractor shall not be entitled to additional compensation or an extension of contract
time for any delays to the work because of the Contractor's failure to submit an acceptable
plan for prevention of erosion and pollution.
107.2.2 Dust Control Permit, add the following:
The Contractor shall obtain a dust control (or earthmoving) permit for all construction and
maintenance activities that will disturb a surface area equal to or greater than .10 acre
(4,356 square feet).
Any construction activity capable of generating fugitive dust (such as earthmoving,
demolition, or weed abatement), regardless of the size of the site, must comply with
Maricopa County Rule 310 and control sources of dust.
107.2.2.1 Payment: Payment for Environmental Mitigation Compliance (Dust
Control Permit) will be a reimbursable allowance based on approved time and materials
invoices, in accordance with Section 109.5. The amount paid for under the allowance for
Environmental Mitigation Compliance (Dust Control Permit) shall include all activities
associated with obtaining permit approvals, preparation of a dust control plan, payment
of the permit fee and activities associated with permit compliance during Pre-Construction
and Construction.
107.5 SAFETY, HEALTH AND SANITATION PROVISIONS, add the following:
The Contractor shall provide and maintain portable toilet facilities in each area of work. Portable
toilet facilities shall be cleaned not less than once weekly. The associated costs of this requirement
shall be incidental to the project.
107.5.3 HAZARDOUS MATERIAL HANDLING
107.5.3.3 Identify Potentially Hazardous Materials, add the following:
The County may identify signal pole installations as having paint coatings containing lead. The
removal, transportation, and processing of these poles shall be performed in a manner to contain
all lead-based paint.
The Contractor Safety Plan required by Section 107.5.5 shall include applicable requirements
related to the handling, dismantling, transportation, and recycling of signal poles and components
thereof having lead based paint when materials with lead-based paint are identified for a work
assignment.
107.5.5 Safety Plan, add the following:
The Contractor's Safety Plan shall be submitted prior to commencement of work. The Contractor
may submit a comprehensive safety plan for all work anticipated to be performed under this
contract. The Contractor must also provide their OSHA 300A Summary Log Information for the
past two calendar years. Prior to the commencement of work on each work assignment, the
Contractor shall as a minimum review the Safety Plan for accuracy and completeness, then submit
a revised plan incorporating any needed changes or submit confirmation that the safety plan on
record is current and accurate. CONTRACTOR SAFETY PLAN GUIDELINES ARE
AVAILABLE ON THE MCDOT WEBSITE AT:
http://www.mcdot.maricopa.gov/technical/home.htm
Section 107, add the following new section:
107.15 COMMUNITY RELATIONS SUPPORT:
107.15.1 General: The Contractor for Maricopa County contracted work shall provide assistance
to the Resident Engineer (Engineer) at MCDOT in support of the project’s community relations
program.
The Contractor shall provide the Engineer and the MCDOT Public Information Officer with
information needed to inform the public, emergency services, businesses, local residents, service
providers, and stakeholders of construction dates, times, and activities. This information includes,
but is not limited to:
• Scheduled working days and hours of work
• Road and intersection closures
• Changes to property access, lane restrictions or traffic switches
• Utility disruptions affecting residents and businesses
• Transit or school bus, delivery or trash route impacts
• Night work (pre-approval required)
Specific details for the above listed information, including but not limited to traffic control plans
and details, specific detour routes, changes to property access, and utility disruptions affecting
properties, shall be provided to the Engineer and the Public Information Officer via the three-week
look ahead schedule in advance of the anticipated event, even if specific scheduled dates are not
available. The specific scheduled dates of work shall be provided to the Public Information Officer
per the timelines listed below:
• 14 days prior to the commencement of actual construction work activities
• 14 days prior to full roadway or intersection closures
Dates for all other work activities listed above shall be provided seven days in advance of the
activity.
Public notification documents will be developed and/or reviewed by the Public Information
Officer. The Contractor shall distribute project notifications including door hangers to local
businesses, emergency services, and residents when requested by the Engineer. A signed affidavit,
area map, number of notifications delivered, and date of notification will be required as proof of
notification for payment.
A delay to the start of construction or task activities due to the Contractor not providing the
required information to the Public Information Officer and the Engineer per the prescribed timeline
will not be a cause for a delay claim or result in additional cost to the project.
The Contractor shall assist the Engineer and the Public Information Officer in responding to
questions or complaints concerning construction operations or procedures by providing
information to the Public Information Officer and the Engineer.
107.15.2 Public Meetings: The Contractor shall attend and participate in business coordination
and public meetings when deemed necessary by the Engineer. Meeting times, locations, and
agenda will be determined by the Engineer and the MCDOT Public Information Officer. The
Contractor may be required to attend a public pre-construction meeting at a location convenient to
residents and business operators affected by the project. This meeting may be conducted after
execution of contract documents and prior to the start of construction. The meeting if conducted
prior to the Notice to Proceed shall not be included in the Contract Time.
107.15.3 Project Notification Message Boards: The Contractor shall provide and maintain
changeable message boards when and in locations required by the contract documents or requested
by the Engineer. Changeable message boards shall comply with Section 401.5.8 requirements.
Changeable message boards shall be installed at least 14 calendar days before beginning
construction to inform the public of the forthcoming project. Messages will be provided to the
Contractor. The Contractor shall update messages as requested by the Engineer. Measurement and
payment provisions for changeable message boards are defined in Section 401 Traffic Control.
107.15.4 Existing Conditions Documentation: The Contractor shall document existing property
conditions within a 100-foot (minimum) radius of the project limits prior to construction.
Documentation shall be saved on a flash drive with digital M-PEG video (180 DPI or greater). If
the video is made from a moving vehicle, it shall be at a logical pace with frequent stops at critical
locations. One (1) copy of the documentation package shall be provided to the Engineer within 10
calendar days of the Notice to Proceed date and at least one day prior to commencement of
construction operations.
107.15.5 Roadside Memorials: If memorials are located within the Contractor’s designated work
zone and present a potential conflict to operations, the Contractor shall contact the Public
Information Officer at 602-506-3342 to arrange for relocation. County forces will be responsible
for removal and storage of roadside memorials within the work zone.
107.15.6 Payment: Payment for COMMUNITY RELATIONS SUPPORT will be based on
approved time and material invoices in accordance with Section 109.5 for authorized work
performed in assisting with the project’s public information program. Proof of timely notification
to residents, businesses, emergency services and delivery service providers will be required for
payment.
SECTION 108 COMMENCEMENT, PROSECUTION AND PROGRESS
108.1 NOTICE TO PROCEED, add the following:
Each work assignment will have a Notice to Proceed issued after a Pre-Construction Conference
has been conducted and submittals in accordance with section 108.1.1 Pre-Construction
Conference have been received by the County.
108.1.1 Pre-Construction Conference, add the following:
The contractor shall submit a comprehensive removal and transportation plan identifying the
procedures to be used for the removal, transport and disposal of the existing signal poles with
associated accessories that have been identified as having paint coatings containing lead. The
contractor's comprehensive removal and transportation plan shall include environmental and safety
measures necessary to satisfy federal, state, and local requirements for the removal and disposal
of solid waste and/or hazardous waste material that have a painted coating containing lead.
108.9 FAILURE TO COMPLETE ON TIME, add the following:
The liquidated damages provisions of section 108.9 shall apply to each work assignment of the
Job Order Contract. The original work assignment amount shall be used in the column labeled
"Original Contract Amount" of Table 108-1 to determine the Daily Charges.
SECTION 109 MEASUREMENTS AND PAYMENTS
109.4 Compensation for Alteration of Work, add the following:
109.4.7 Minor Alterations, Miscellaneous Work
The Engineer may make an alteration in the project specifications or in the details of construction
which are lump sum, not covered by an existing item and are limited in scope, to the extent that
the cost of the alterations will not exceed Fifteen Thousand ($15,000.00) Dollars per Work
Assignment.
The Engineer will request a cost proposal from the Contractor or direct this work to be performed
by Force Account method as described under Section 109.4 and 109.5 of the Uniform Standard
Specifications and Details for Public Works Construction (MAG). The Engineer and the contractor
will agree upon the scope and cost of the work. This cost shall be documented in written form,
from the Engineer to the contractor, which when executed by both parties and concurred by
MCDOT shall have the same force and effect as a supplemental agreement.
Measurement for Minor Alterations, Miscellaneous Work, will be measured by an approved
Contractor's proposal or by Force Account method. Payment will be made under item 109.40000,
Miscellaneous Work (Minor Alterations).
109.10 MOBILIZATION/DEMOBILIZATION, replace with the following:
NO DIRECT PAYMENT will be made for mobilization or demobilization. The cost of
mobilization and demobilization shall be incorporated into the Contractor's proposed unit
prices identified in the Unit Price List, Attachment F.
SECTION 350 REMOVAL OF EXISTING IMPROVEMENTS
350.3 MISCELLANEOUS REMOVAL AND OTHER WORK, add the following:
The removal of traffic poles and accessories that have been identified as having paint coatings
containing lead shall be accomplished in accordance with the Contractor's Safety Plan and the
Contractor's comprehensive removal and transportation plan. The contractor shall have the signal
poles disposed of at a found1y or recycling center that has facilities for handling lead containing
material in a manner that is in compliance with current Environmental Protection Agency (EPA)
and Occupational Safety & Health Administration (OSHA) requirements. The Contractor shall
provide written notification to the rece1vmg facility (foundry or recycling center) that the signal
poles and components have a painted coating containing lead.
The Contractor shall obtain certification from each firm involved in the transporting, handling and
disposal of these materials stating that all work was performed in accordance with EPA and OSHA
requirements. A certificate identifying the final disposal of the lead-based paint shall indicate the
final disposition of the lead-based paint.
350.4 PAYMENT, add the following:
The removal and disposal of each traffic pole identified as containing lead-based paint will be
measured as a unit. Payment at the contract unit price for REMOVE TRAFFIC POLE WITH
PAINT CONTAINING LEAD shall be full compensation for dismantling, transporting, and
disposal of the identified contaminated poles and accessories in accordance with EPA and OSHA
requirements. The Contractor shall submit to the Engineer prior to payment copies of all
certifications including the certificate for final disposal of the lead-based paint.
SECTION 401 TRAFFIC CONTROL
401.5.8 CHANGEABLE MESSAGE BOARDS
As a contingent Item, the Contractor may be required to furnish Changeable Message Boards
(CMB). These CMB may be used to notify the motoring public of; project information, traffic
restrictions, road closure, safety need or other public awareness deemed necessary for the project.
The bid item has been established as a daily rate and the contractor shall include all cost associated
for each board used on this project within this daily rate.
401.6 MEASUREMENT, Section 401.6 is replaced with the following:
Measurement for Traffic Control shall be made on an Allowance basis. This Allowance
measurement shall include all materials, equipment and labor necessary to facilitate traffic control
per the contract documents. Traffic Control includes but is not limited to the application and
removal of temporary pavement markings including related modification of existing pavement
markings, pilot cars, flagmen, barricades, sign panels, sign stands, warning lights, and related
temporary pavements.
Direct measurement of individual traffic control elements or devices will be made. All traffic
control devices, unless otherwise noted, shall be considered for direct measurement in the
Allowance measurement for the Traffic Control pay item.
Direct measurement for the installation or removal of temporary pavements will be made. All
sawcutting, grading, aggregate base course materials, asphaltic concrete pavement, labor, and
equipment shall be considered as included in the Allowance measurement for the Traffic Control
pay item unless otherwise noted to be paid with separate pay items.
Uniformed Off-duty Law Enforcement Officers including vehicle and equipment will be measured
by the hour for each hour required to perform traffic control duties. When an officer is used less
than the agency’s minimum number of hours and the Contractor is charged for the agency’s
minimum number of hours, the minimum hours charged will be approved for payment. Time over
the agency’s minimum number of hours will be measured by the hour.
Changeable Message Boards for Public Notification shall be measured by the day for each calendar
day for each sign authorized and operating as directed by the Engineer. Measurement will only be
made for actual days-in-use.
When included as a separate pay item within the fee schedule, Portable Concrete Barrier (PCB)
shall be measured by the foot. Otherwise, portable concrete barrier shall not be measured and shall
be considered a traffic control device.
401.7 PAYMENT is replaced with the following:
With the exception of Changeable Message Boards, the County will pay for Traffic Control, based
upon approved time and material invoices, in accordance with Section 109.5 an amount not to
exceed the ALLOWANCE established by mutual agreement between the Contractor and the
County for the work assignment.
Payment for Changeable Message Board(s) will be measured by the day for each 24-hour day that
the sign(s) are utilized to inform, maintain and control traffic, under bid item no. 401.06001
Changeable Message Board (Contingent).
MCDOT Contract #. 2021-039
Page 25 of 25
EXHIBIT B-FEE SCHEDULE
Intersection Improvement Services 210078-JOC
MCDOT Contract # 2021-___2021-039_
Company Name: Nesbitt Contracting Co., Inc.
REVISED 8/26/2021
Item
Description
Unit
Unit Price
104.04000
Partnering
Allowance
To Be Negotiated
107.01501
Community Relations Support
Allowance
To Be Negotiated
107.01502
Permit Fees
Allowance
To Be Negotiated
107.02000
AZPDES (SWPPP)
Allowance
To Be Negotiated
107.02001
N.P.D.E.S
Allowance
To Be Negotiated
107.02010
Compliance with Maricopa County MS4 Stormwater Regulation
Allowance
To Be Negotiated
107.02100
Environmental Mitigation Compliance
Allowance
To Be Negotiated
107.02115
Stormwater Control Measures
Allowance
To Be Negotiated
107.02200
404 Permit Compliance
Allowance
To Be Negotiated
109.09000
Mobilization
LS
To Be Negotiated
109.40000
Miscellaneous Work (Minor Alterations)
Allowance
To Be Negotiated
201.01012
Remove Tree, Diameter > 12"
EACH
$1,140.00
220.10075
Riprap, D50=3"
CY
$192.00
220.10150
Riprap, D50=6"
CY
$210.00
220.10225
Riprap, D50=9"
CY
$350.00
220.10300
Riprap, D50=12"
CY
$450.00
220.20000
Grouted Riprap, (Indicate Size)
CY
To Be Negotiated
230.02000
Acrylic Copolymer Surface Course Dust Palliative
SY
$3.00
301.01000
Subgrade Preparation
SY
To Be Negotiated
301.01000
Subgrade Preparation (includes earthwork)
SY
To Be Negotiated
310.03000
Aggregate Base Course
Ton
$45.00
311.00000
Soil Cement Treated Subgrade, (Indicate Depth)
CY
To Be Negotiated
312.10060
Cement Treated Base, (Indicate Depth)
CY
To Be Negotiated
317.01000
Asphalt Milling, (Indicate Depth)
SY
To Be Negotiated
317.02000
Profile Milling, (Indicate Depth)
SY
To Be Negotiated
321.00200
Asphalt Concrete Pavement (Indicate Type of Mix)
Ton
To Be Negotiated
332.01000
Slurry Seal Asphalt Emulsion
SY
To Be Negotiated
333.01000
Fog Seal Asphalt Emulsion
Ton
To Be Negotiated
334.02001
MTR Pavement Sealer
SY
To Be Negotiated
336.01100
Pavement Replacement, MAG Det. 200-1, Type
SY
$96.00
337.01000
Asphalt Pavement Crack Sealing
SY
To Be Negotiated
340.01110
Vertical Curb & Gutter, MAG Det 220, Type A, H=6"
LF
$34.00
340.01120
Concrete Ribbon Curb, MAG Det 220, Type B
LF
$37.00
340.01130
Roll Curb & Gutter, MAG Det 220, Type C
LF
$37.00
340.01140
Roll Curb & Gutter, MAG Det 220, Type D
LF
$37.00
340.01150
Single Curb , MAG Det 222, Type A
LF
$23.00
340.01160
Single Curb, MAG Det 222, Type B
LF
$23.00
340.01210
Concrete Sidewalk, MAG Det 230
SF
$7.90
340.01215
Concrete Median Paving, 4" Thick
SF
$11.00
340.01301
Sidewalk Ramp Retrofit, Det 2030-A
EACH
$4,222.00
340.01303
Sidewalk Ramp Retrofit, Det 2030-C
EACH
$3,400.00
340.01311
Sidewalk Ramp, Det 2031-A
EACH
$2,800.00
340.01321
Curb Ramp, Type A, MAG Det 235-1
EACH
$2,000.00
340.01322
Curb Ramp, Type B, MAG Det 235-2
EACH
$3,300.00
340.01323
Curb Ramp, Type C, MAG Det 235-3
EACH
$2,310.00
340.01324
Curb Ramp, Type D, MAG Det 235-4
EACH
$2,310.00
340.01325
Curb Ramp, Type E, MAG Det 235-5
EACH
$2,310.00
340.01410
Driveway Entrance, MAG Det 250 (Residential)
SF
$15.40
340.01411
Driveway Entrance, MAG Det 250 (Commercial/Industrial)
SF
$17.60
340.01421
Return Type Driveway, MAG Det 251 (Commercial/Industrial)
SF
$18.70
340.01434
Return Type Driveway, Det 2035 (Residential)
SF
$16.50
340.01435
Return Type Driveway, Det 2035 (Commercial/Industrial)
SF
$18.70
340.01436
Return Type Driveway, Det 2036 (Residential)
SF
$16.50
340.01437
Return Type Driveway, Det 2036 (Commercial/Industrial)
SF
$18.70
340.01500
Alley Entrance, MAG Det 260
SF
$18.70
340.01600
Concrete Apron and Valley Gutter, MAG Det 240
SF
$19.80
342.01100
Pavers, (Indicate Size)
SY
To Be Negotiated
345.01000
Adjust Frame & Cover to Grade, MAG Det 270
EACH
$900.00
345.01100
Adjust Manhole Frame & Cover, MAG Det 422
EACH
$900.00
345.01200
Adjust Valve Box & Cover, MAG Det 391-1-A
EACH
$900.00
345.01300
Adjust Valve Box & Cover, MAG Det 391-1-B
EACH
$900.00
Unit Price List
345.01400
Adjust Valve Box & Cover, MAG Det 391-1-C
EACH
$900.00
345.01500
Adjust Water Meter Box & Cover to Grade
EACH
$500.00
345.01600
Adjust Traffic Signal Pull Box & Cover to Grade
EACH
$273.00
350.01100
Remove Pipe, Backfill & Compact, D less than 30"
LF
$33.00
350.01200
Remove Pipe, Backfill & Compact, D=30" or greater
LF
$38.50
350.01500
Remove Headwall
EACH
To Be Negotiated
350.01800
Remove Concrete Curb and Gutter
LF
$9.90
350.01801
Remove Valley Gutter or Apron
SF
$6.00
350.01825
Remove Concrete: Curb and Gutter
LF
$9.90
350.01850
Remove Concrete Single Curb
LF
$9.90
350.01860
Remove Concrete Ribbon Curb
LF
$9.90
350.01900
Remove Sidewalk
SF
$6.60
350.02000
Remove Gate
EACH
To Be Negotiated
350.02100
Remove Structure
EACH
To Be Negotiated
350.03000
Remove and Salvage Street Light
EACH
$637.00
350.03010
Remove Light Pole
EACH
$560.00
350.04000
Remove and Salvage Traffic Sign Assembly
EACH
$77.00
350.04002
Remove Pull Box
EACH
$150.00
350.05000
Remove Guardrail
LF
To Be Negotiated
350.31000
Remove Chain Link Fence
LF
$22.00
350.50000
Miscellaneous Removals and Other Work
Lump Sum
To Be Negotiated
350.50003
Remove Traffic Pole Foundation
EACH
$1,750.00
350.50004
Remove Cabinet Foundation
EACH
$600.00
350.50101
Remove Traffic Pole with Paint Containing Lead
EACH
To Be Negotiated
350.70010
Remove and Salvage Traffic Signal Pole
EACH
$950.00
350.70015
Remove and Salvage Traffic Signal Pole and Mast Arm
EACH
$1,200.00
350.70020
Remove and Salvage Service Pedestal and Battery Backup Cabinet
EACH
$490.00
350.70025
Remove and Salvage Traffic Signal Indication
EACH
$210.00
350.70030
Remove and Salvage Traffic Pedestrian Indication
EACH
$84.00
350.70035
Remove and Salvage Pedestrian Push Button Station w/Sign
EACH
$125.00
350.70040
Remove and Salvage Luminaire Mast Arm
EACH
$420.00
350.70045
Remove and Salvage Roadway Light Fixture
EACH
$140.00
350.70050
Remove and Salvage Fire Pre-emption Equipment
EACH
$250.00
350.70080
Remove and Salvage Video Detection Camera System
EACH
$140.00
350.77850
Remove and Salvage CCTV Camera
EACH
$250.00
351.11000
Relocate Mailbox, Det 2066
EACH
$440.00
351.46000
Relocate Sign
EACH
$400.00
401.01000
Traffic Control
Allowance
To Be Negotiated
401.06001
Changeable Message Board (Contingent Item)
EACH/DAY
$44.00
401.01100
Uniformed Off-Duty Officer
Allowance
To Be Negotiated
405.00030
Survey Marker, MAG Det 120, Type C
EACH
$275.00
405.01000
Survey Marker, MAG Det 120, Type B
EACH
$275.00
405.01100
Survey Marker, MAG Det 120, Type A
EACH
$540.00
415.01100
Guardrail
LF
To Be Negotiated
415.01110
Guardrail End Treatments
EACH
To Be Negotiated
420.01000
Fencing and Gates
LF
To Be Negotiated
430.01201
Hydro Seeding - Native Seed Mix
Acre
To Be Negotiated
430.02000
Native Plant Relocation <Identify Native Plant Type>
EACH
To Be Negotiated
430.02075
Native Plant Relocation Saguaro Cactus, Single Spear
EACH
To Be Negotiated
430.02076
Native Plant Relocation Saguaro Cactus, Multiple Arm (15' and Under)
EACH
To Be Negotiated
430.02077
Native Plant Relocation Saguaro Cactus, Multiple Arm (Over 15')
EACH
To Be Negotiated
430.42000
Decomposed Granite, 2" Thick
SY
$14.30
430.43000
Decomposed Granite, 3" Thick
SY
$22.00
432.10003
Gravel Mulch, 3" Thick
SY
$27.50
440.10000
Landscape/ Irrigation Restoration
Allowance
To Be Negotiated
460.01000
Remove Paint Stripe
LF
$0.80
460.01100
Remove Painted Symbol
EACH
$84.00
460.02000
Remove Thermoplastic Stripe
LF
$1.00
460.02001
Remove Thermoplastic - Symbol
EACH
$105.00
460.03000
Remove Raised Pavement Marker
EACH
$2.80
461.01100
4" White Traffic Paint Stripe
LF
$0.35
461.01200
4" Yellow Traffic Paint Stripe
LF
$0.35
461.01511
Paint Symbol (Left Turn Arrow)
EACH
$84.00
461.01512
Paint Symbol (Right Turn Arrow)
EACH
$84.00
461.01515
Paint Symbol (RR Crossing)
EACH
$210.00
461.01520
Paint Symbol (Bike Lane Marking Set)
EACH
$90.00
461.01600
Paint Median Island
LF
$2.60
462.01100
4" White Thermoplastic Traffic Stripe
LF
$0.90
462.01200
4" Yellow Thermoplastic Traffic Stripe
LF
$0.90
462.01510
Thermoplastic Symbol Arrow (Straight)
EACH
$210.00
462.01511
Thermoplastic Symbol Left Turn Arrow
EACH
$210.00
462.01512
Thermoplastic Symbol Right Turn Arrow
EACH
$210.00
462.01513
Thermoplastic Pavement Arrow (2 Combo and one Straight)
EACH
$330.00
462.01515
Thermoplastic Symbol (RR Crossing)
EACH
$450.00
462.01530
Thermoplastic Symbol, Handicap Parking
EACH
$350.00
462.01705
Thermoplastic Pavement Legend "ONLY"
EACH
$245.00
463.01000
Reflectorized Raised Pavement Marker (Type C, Clear, Red)
EACH
$4.90
463.01100
Reflectorized Raised Pavement Marker (Type D, Yellow, 2-Way)
EACH
$4.90
463.01200
Reflectorized Raised Pavement Marker (Type G, Clear, 1-Way)
EACH
$4.90
463.01300
Reflectorized Raised Pavement Marker (Type H, Yellow, 1-Way)
EACH
$4.90
463.01400
Reflectorized Raised Pavement Marker (Type BB, Blue, 2-Way)
EACH
$11.20
464.02000
Perforated Sign Post
LF
$11.90
464.02001
Perforated Sign Post Foundation, Det 2058
EACH
$260.00
464.03000
U-Channel Sign Post
LF
$6.80
464.03001
U-Channel Sign Post Installation, Det 2059
EACH
$154.00
465.01002
Flat Sheet Aluminum Sign Panel, High Intensity Grade
SF
$18.20
465.01003
Flat Sheet Aluminum Sign Panel, Diamond Grade
SF
$22.40
465.02000
Metro Street Name Sign (Install Only)
EACH
$1,100.00
465.02001
Metro Street Name Sign Oversize (Install Only)
EACH
To Be Negotiated
470.80000
Temporary Traffic Signal
Lump Sum
To Be Negotiated
471.60043
No. 3 ½ Pull Box
EACH
$680.00
471.60045
No. 5 Pull Box
EACH
$825.00
471.60047
No. 7 Pull Box
EACH
$1,400.00
471.60049
No. 9 Pull Box
EACH
$6,680.00
471.60055
No. 5 Pull Box w/ Extension
EACH
$1,060.00
471.60057
No. 7 Pull Box w/ Extension
EACH
$1,610.00
471.61112
Sch. 40 PVC Electrical Conduit, 2" w/ ¼" Nylon Pull Rope and #8 Bare Copper Wire (Trench)
LF
$20.00
471.61113
Sch. 40 PVC Electrical Conduit, 2" w/ ¼" Nylon Pull Rope and #8 Bare Copper Wire (Horizontal Drill)
LF
$84.00
471.61130
Sch. 40 Galvanized Electrical Conduit, 2"
LF
$36.00
471.61131
Sch. 40 Galvanized Electrical Conduit, 2" w/ ¼" Nylon Pull Rope and #8 Bare Copper Wire
LF
$39.00
471.61212
Sch. 40 PVC Electrical Conduit, 2½" w/ ¼" Nylon Pull Rope and w/ #8 Bare Copper Wire (Trench)
LF
$30.00
471.61213
Sch. 40 PVC Electrical Conduit, 2½" w/ ¼" Nylon Pull Rope and w/ #8 Bare Copper Wire (Horizontal Drill)
LF
$85.00
471.61230
Sch. 40 Galvanized Electrical Conduit, 2½"
LF
$49.00
471.61231
Sch. 40 Galvanized Electrical Conduit, 2½" w/ ¼" Nylon Pull Rope and w/ #8 Bare Copper Wire
LF
$52.00
471.61312
Sch. 40 PVC Electrical Conduit, 3" w/ ¼" Nylon Pull Rope and w/ # 8 Bare Copper Wire (Trench)
LF
$34.00
471.61313
Sch. 40 PVC Electrical Conduit, 3" w/ ¼" Nylon Pull Rope and w/ # 8 Bare Copper Wire (Horizontal Drill)
LF
$89.00
471.61330
Sch. 40 Galvanized Electrical Conduit, 3"
LF
$55.00
471.61331
Sch. 40 Galvanized Electrical Conduit, 3" w/ ¼" Nylon Pull Rope and w/ # 8 Bare Copper Wire
LF
$58.00
471.61412
Sch. 40 PVC Electrical Conduit, 4" w/ ¼" Nylon Pull Rope and# 8 Bare Copper Wire (Trench)
LF
$41.00
471.61413
Sch. 40 PVC Electrical Conduit, 4" w/ ¼" Nylon Pull Rope and# 8 Bare Copper Wire (Horizontal Drill)
LF
$92.00
471.61430
Sch. 40 Galvanized Electrical Conduit, 4"
LF
$79.00
471.61431
Sch. 40 Galvanized Electrical Conduit, 4" w/ ¼" Nylon Pull Rope and# 8 Bare Copper Wire
LF
$82.00
471.61530
Sch. 40 Galvanized Electrical Conduit, 5"
LF
$110.00
471.61531
Sch. 40 Galvanized Electrical Conduit, 5" w/¼" Nylon Pull Rope and# 8 Bare Copper Wire
LF
$110.00
471.61630
Sch. 40 Galvanized Electrical Conduit, 6"
LF
$165.00
471.61631
Sch.40 Galvanized Electrical Conduit, 6" w/ ¼" Nylon Pull Rope and# 8 Bare Copper Wire
LF
$165.00
471.83000
Concrete Encasement of Conduit
Allowance
To Be Negotiated
472.61100
Pole Foundation, Type A, Det 4720
EACH
$1,710.00
472.61200
Pole Foundation, Type E or F, Det 4720
EACH
$2,350.00
472.61300
Pole Foundation, Type J or Q, Det 4721
EACH
$5,700.00
472.61400
Pole Foundation, Type Kor R, Det 4721
EACH
$5,700.00
472.61500
Pole Foundation, Type PB (Push Button), Det 4720
EACH
$800.00
472.62030
Pole Foundation, Type SB (Square Base), Det 4825-2
EACH
$1,000.00
472.62045
Service Pedestal Foundation, Det 4829-2
EACH
$1,000.00
472.62050
Combination Service Pedestal Battery Back-up System Foundation, Det 4724
EACH
$1,260.00
472.63000
P' Cabinet Foundation, Det 4723
EACH
$2,100.00
473.61000
6' X 6' Detector Loop
EACH
$1,280.00
473.62000
6' X 20' Quadrupole Loop
EACH
$2,000.00
473.63000
6' X 30' Quadrupole Loop
EACH
$2,350.00
473.64000
6' X 40' Quadrupole Loop
EACH
$2,650.00
473.65000
6' X 50' Quadrupole Loop
EACH
$3,000.00
473.73000
Pedestrian Push Button w/ Sign
EACH
$675.00
473.73001
Pedestrian Push Button w/ Sign (Install Only)
EACH
$170.00
473.73010
Audible Pedestrian Push Button w/ Sign
EACH
$1,680.00
473.73011
Audible Pedestrian Push Button w/ Sign (Install Only)
EACH
$340.00
474.60114
Type A Signal Pole 14'
EACH
$2,250.00
474.60115
Type A Signal Pole 14' (Install Only)
EACH
$575.00
474.60117
Type A Signal Pole 16' (Install only)
EACH
$630.00
474.60119
Type A Signal Pole 18' (Install only)
EACH
$670.00
474.60211
Type E Signal Pole w/12' Mast Arm
EACH
$7,600.00
474.60221
Type E Signal Pole w/15' Mast Arm
EACH
$8,050.00
474.60231
Type E Signal Pole w/18' Mast Arm
EACH
$8,450.00
474.60241
Type E Signal Pole w/ 20' Mast Arm
EACH
$9,000.00
474.60301
Type F Signal Pole (Install Only)
EACH
$650.00
474.60310
Type F Signal Pole w/12' Mast Arm (Install Only)
EACH
$700.00
474.60320
Type F Signal Pole w/ 15' Mast Arm (Install Only)
EACH
$1,050.00
474.60330
Type F Signal Pole w/18' Mast Arm (Install Only)
EACH
$1,100.00
474.60341
Type F Signal Pole w/ 20' Mast Arm (Install Only)
EACH
$1,300.00
474.60401
Type J Signal Pole (Install Only)
EACH
$800.00
474.60441
Type J Signal Pole w/ 20' Mast Arm (Install Only)
EACH
$1,200.00
474.60451
Type J Signal Pole w/ 25' Mast Arm (Install Only)
EACH
$1,110.00
474.60461
Type J Signal Pole w/ 30' Mast Arm (Install Only)
EACH
$1,710.00
474.60471
Type J Signal Pole w/ 35' Mast Arm (Install Only)
EACH
$1,540.00
474.60481
Type J Signal Pole w/ 40' Mast Arm (Install Only)
EACH
$1,645.00
474.60501
Type Q Signal Pole (Install Only)
EACH
$750.00
474.60541
Type Q Signal Pole w/ 20' Mast Arm (Install Only)
EACH
$1,130.00
474.60551
Type Q Signal Pole w/ 25' Mast Arm (Install Only)
EACH
$1,300.00
474.60561
Type Q Signal Pole w/ 30' Mast Arm (Install Only)
EACH
$1,480.00
474.60571
Type QSignal Pole w/ 35' Mast Arm (Install Only)
EACH
$1,575.00
474.60581
Type Q Signal Pole w/ 40' Mast Arm (Install Only)
EACH
$1,725.00
474.60601
Type K Signal Pole (Install Only)
EACH
$750.00
474.60651
Type K Signal Pole w/ 45' Mast Arm (Install Only)
EACH
$1,715.00
474.60661
Type K Signal Pole w/ 50' Mast Arm (Install Only)
EACH
$1,820.00
474.60671
Type K Signal Pole w/ 55' Mast Arm (Install Only)
EACH
$1,935.00
474.60731
Type R Signal Pole (install Only)
EACH
$800.00
474.60751
Type R Signal Pole w/ 45' Mast Arm (Install Only)
EACH
$1,840.00
474.60761
Type R Signal Pole w/ 50' Mast Arm (Install Only)
EACH
$1,935.00
474.60771
Type R Signal Pole w/ 55' Mast Arm (Install Only)
EACH
$1,980.00
474.60801
Type PB Push Button Pole (Install Only)
EACH
$340.00
474.64000
Wood Pole for Temporary Signals
EACH
$4,200.00
474.70201
20' Mast Arm (Install Only)
EACH
$640.00
474.702S1
25' Mast Arm (Install Only)
EACH
$725.00
474.70301
30' Mast Arm (Install Only)
EACH
$920.00
474.70351
3S' Mast Arm (Install Only)
EACH
$1,030.00
474.70401
40' Mast Arm (Install Only)
EACH
$1,130.00
474.70451
45' Mast Arm (Install Only)
EACH
$1,215.00
474.70501
50' Mast Arm (Install Only)
EACH
$1,350.00
474.70S51
55' Mast Arm (Install Only)
EACH
$1,510.00
475.61401
Electrical Service Pedestal System, Det 4829 (Install Only)
EACH
$690.00
475.61451
Combination Electrical Service Pedestal and Battery Back-up System, Det 4731 (Install Only)
EACH
$840.00
475.62001
Controller Cabinet Assembly, Type P, Det 4730 (Install Only)
EACH
$770.00
475.62201
Controller Cabinet Assembly, Type G, Detail 4825-6 (Install Only)
EACH
$775.00
475.62221
ITS Pedestal Post Top Mounting (G-1), MCDOT Det. 4825-1
(Installation Only)
EACH
$770.00
475.62231
ITS Pedestal Post Side Mounting (G-2), MCDOT Det. 4827 (Installation Only)
EACH
$750.00
47S.83011
Emergency Vehicle Pre-emption Equipment (Install Only)
EACH
$820.00
475.83015
Fire Pre-emption Equipment (Install Only)
EACH
$1,250.00
475.83021
Railroad Pre-emption Equipment (Install Only)
EACH
$820.00
476.10000
Solar Advanced Flasher Assembly (Continuous)
EACH
476.10001
Solar Advanced Flasher Assembly (Continuous), Install Only
EACH
$1,700.00
476.10010
Solar Advanced Flasher Assembly (Time Clock)
EACH
476.10020
Solar Advanced Flasher Assembly {Time Clock) (Install Only)
EACH
$1,700.00
476.12111
12" Signal Indication, Type 'F' Signal Face w/ Type XI Side Mounting
Assembly Det 4775 (Install Only)
EACH
$325.00
476.12121
12" Signal Indication, Type 'F' Signal Face w/ Type II Plumbizer
Mounting Assembly Det 4778 (Install Only)
EACH
$300.00
476.12150
12" Signal Indication, Type 'F' Signal Face w/ Type V Mounting Assembly Det 4794
EACH
$1,400.00
476.12170
12" Signal Indication, Type 'F' Signal Face w/ Type VII Mounting Assembly Det 4795
EACH
$1,450.00
476.12210
12" Signal Indication, Type 'G' Signal Face w/Type XI Side Mounting Assembly Det 4775
EACH
$1,550.00
476.12211
12" Signal Indication, Type 'G' Signal Face w/ Type XI Side Mounting Assembly Det 4775 (Install Only)
EACH
$380.00
476.12220
12" Signal Indication, Type 'G' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778
EACH
$1,550.00
476.12221
12" Signal Indication, Type 'G' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778 (Install Only) EACH
$380.00
476.12250
12" Signal Indication, Type 'G' Signal Face w/ Type V Mounting Assembly Det 4794
EACH
$1,900.00
476.12270
12" Signal Indication , Type 'G' Signal Face w/Type VII Mounting Assembly Det 4795
EACH
$1,950.00
476.12310
12" Signal Indication, Type ' Q' Signal Face w/ Type XI Side Mounting Assembly Det 4775
EACH
$1,900.00
476.12311
12" Signal Indication, Type 'Q' Signal Face w/ Type XI Side Mounting Assembly Det 4775 (Install Only)
EACH
$400.00
476.12320
12" Signal Indication, Type 'Q' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778
EACH
$2,240.00
476.12321
12" Signal Indication, Type 'Q' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778 (Install Only) EACH
$500.00
476.12350
12" Signal Indication, Type 'Q' Signal Face w/ Type V Mounting Assembly Det 4794
EACH
$2,550.00
476.12370
12" Signal Indication, Type 'Q' Signal Face w/ Type VII Mounting Assembly Det 4795
EACH
$2,550.00
476.12410
12" Signal Indication, Type 'R' Signal Face w/ Type XI Side Mounting Assembly Det 4775
EACH
$1,315.00
476.12411
12" Signal Indication, Type 'R' Signal Face w/ Type XI Side Mounting Assembly Det 4775 (Install Only)
EACH
$380.00
476.12420
12" Signal Indication, Type 'R' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778
EACH
$1,550.00
476.12421
12" Signal Indication, Type 'R' Signal Face w/Type II Plumbizer Mounting Assembly Det 4778 (Install Only)
EACH
$380.00
476.12450
12" Signal Indication, Type 'R' Signal Face w/ Type V Mounting Assembly Det 4794
EACH
$2,050.00
476.12470
12" Signal Indication, Type 'R' Signal Face w/ Type VII Mounting Assembly Det 4795
EACH
$2,050.00
476.12510
12" Signal Indication, Type 'F (M odified)' Signal Face w/ Type XI Side Mounting Assembly Det 4775
EACH
$1,550.00
476.12511
12" Signal Indication, Type 'F (Modified)' Signal Face w/Type XI Side Mounting Assembly Det 4775 (Install
Only)
EACH
$420.00
476.12520
12" Signal Indication, Type 'F (Modified)' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778
EACH
$1,550.00
476.12521
12" Signal Indication, Type 'F (Modified)' Signal Face w/ Type II Plumbizer Mounting Assembly Det 4778
(Install Only)
EACH
$420.00
476.62010
Pedestrian Signal Indication w/ Type XI Side Mounting Assembly Det 4775
EACH
$950.00
476.62011
Pedestrian Signal Indication w/ Type XI Side Mounting Assembly Det 4775 (Install Only)
EACH
$380.00
476.62015
Pedestrian Signal Indication w/ Type V Mounting Assembly Det 4794
EACH
$1,100.00
476.62017
Pedestrian Signal Indication w/ Type VII Mounting Assembly Det 4795
EACH
$1,100.00
477.61121
Luminaire, Mast Arm 12' (Install Only)
EACH
$550.00
477.61151
Luminaire, Mast Arm 15' (Install Only)
EACH
$670.00
477.61201
Luminaire, Mast Arm 20' (Install Only)
EACH
$300.00
477.70040
Roadway Lighting Fixture (Install Only)
EACH
$380.00
478.01000
Electrical Conductors
Lump Sum
To Be Neqotiated
481.00200
Inspect Existing ITS Pull Boxes and Conduit
Lump Sum
To Be Negotiated
481.01101
ITS Type A Pull Box Det 4805-1 (Install Only)
EACH
$545.00
481.01201
ITS Type B Pull Box Det 4805-2 (Install Only)
EACH
$750.00
481.01301
ITS Type C Pull Box Det 4805-3 (Install Only)
EACH
$790.00
481.01401
ITS Type D Pull Box Det 4805-4 (Install Only)
EACH
$1,490.00
481.01501
ITS Type E Pull Box Det 4806 (Install Only)
EACH
$1,530.00
481.05300
Geotextile lnnerduct 3" 3-Cell
LF
To Be Negotiated
481.05400
Geotextile lnnerduct 4" 3-Cell
LF
To Be Negotiated
481.61100
2 Inch PVC Fiber Optic Conduit (Trench)
LF
$27.00
481.61143
2 Inch HOPE Fiber Optic Conduit (Directional Drill)
LF
$84.00
481.61200
2 1/2 Inch PVC Fiber Optic Conduit (Trench)
LF
$22.00
481.61243
2 1/2 Inch HDPE Fiber Optic Conduit (Directional Drill)
LF
$86.00
481.61300
3 Inch PVC Fiber Optic Conduit (Trench)
LF
$23.00
481.61343
3 Inch HDPE Fiber Optic Conduit (Directional Drill)
LF
$88.00
481.61400
4 Inch PVC Fiber Optic Conduit (Trench)
LF
$29.00
481.61443
4 Inch HOPE Ffber Optic Conduit (Directional Drill)
LF
$92.00
481.64000
Multiduct, Premanufactured 4-Cell PVC Rigid lnnerducts with No
Outer Duct (Trench)
LF
To Be Negotiated
481.64400
4 Inch Multiduct, Premanufactured with PVC Outer Duct and 4 Rigid lnnerducts (Trench)
LF
To Be Negotiated
481.64443
4 Inch Multiduct, Premanufactured with HDPE Outer Duct and 4 Rigid lnnerducts (Directional Drill)
LF
To Be Negotiated
482.00012
Fiber Optic Cable (Single Mode 12)
LF
$2.80
482.00096
Fiber Optic Cable (Single Mode 96)
LF
$3.90
482.00250
Underground Fiber Optic Splice Closure
EACH
To Be Negotiated
482.00251
Underground Fiber Optic Splice Closure (Install Only)
EACH
$3,360.00
482.00280
Fiber Optic Patch Panel (12 Port)
EACH
$1,620.00
482.00285
Fiber Optic Patch Panel (96 Port)
EACH
To Be Negotiated
482.00290
Fiber Optic Termination Panel (12 Port)
EACH
$1,620.00
482.00295
Fiber Optic Termination Panel (96 Port)
EACH
To Be Negotiated
482.00300
Integrated Fiber Optic Splice and Termination Panel (12 Port)
EACH
$1,620.00
482.00301
Integrated Fiber Optic Splice and Termination Panel (12 Port) - Install Only
EACH
$605.00
482.00350
Integrated Fiber Optic Splice and Termination Panel (96 Port)
EACH
$9,240.00
482.00351
Integrated Fiber Optic Splice and Termination Panel (96 Port) - Install Only
EACH
$1,510.00
482.00400
Jumper Cable
EACH
$50.00
482.00401
Jumper Cable (Install Only)
EACH
$40.00
483.00021
CCTV Camera Assembly (Installation Only)
EACH
$630.00
485.02121
Video Detection Equipment Assembly, Each Approach (Installation Only)
EACH
$630.00
485.20001
Video Image Detection System (Install Only)
EACH
$630.00
486.00040
Industrial Frame Router (Installation Only)
EACH
$340.00
486.00055
MPEG 4 Codec (Transmitter) (Installation Only)
EACH
$340.00
486.00056
MPEG 4 Codec (Receiver) (Installation Only)
EACH
$340.00
486.00160
Twisted Pair Modem (Installation Only)
EACH
$340.00
486.00165
Telephone Modem (Installation Only)
EACH
$340.00
486.10041
Field Hardened Ethernet Backbone Switch (Install Only)
EACH
$460.00
486.10051
Field Hardened Ethernet Access Switch (Install Only)
EACH
$460.00
486.20101
Wireless Access Point, 2.4 GHZ (Install Only)
EACH
$970.00
486.20151
Wireless Access Point, 5.0 GHZ (Install Only)
EACH
$970.00
486.20201
Rugged Linear 2x2 MIMD Radio, 900 MHZ (Install Only)
EACH
$970.00
486.20211
Rugged Linear 2x2 MlMO Radio, 2.4 GHZ (Install Only)
EACH
$970.00
486.20251
Rugged Linear 2x2 MIMO Radio, 5.0 GHZ (Install Only)
EACH
$970.00
486.20301
Broadband CPE, 2.4 GHZ (Install Only)
EACH
$970.00
486.20351
Broadband CPE, 5.0 GHZ (Install Only)
EACH
$820.00
486.30101
Omni Antenna, 2.4 GHZ (Install Only)
EACH
$910.00
486.30151
Omni Antenna, 5.0 GHZ (Install Only)
EACH
$910.00
486.30201
Dish Antenna, 2.4 GHZ (Install Only)
EACH
$910.00
486.30251
Dish Antenna, 5.0 GHZ (install Only)
EACH
$910.00
486.30301
Yagi Antenna, 900 MHZ (Install Only)
EACH
$915.00
486.30401
Sector Antenna, 900 MHZ (Install Only)
EACH
$915.00
486.30421
Sector Antenna, 2.4 GHZ (Install Only)
EACH
$915.00
486.30451
Sector Antenna, 5.0 GHZ (Install Only)
EACH
$915.00
486.40101
Industrial Frame Router (Install Only)
EACH
$460.00
486.40201
Field Hardened Network Gateway Router (Install Only)
EACH
$460.00
486.50101
Serial Expansion Device (Install Only)
EACH
$460.00
486.82001
Spread Spectrum Radio System (Installation Only)
EACH
$1,145.00
486.82050
Discrete Frequency Spread Spectrum Radio System (Installation Only)
EACH
$1,145.00
486.82050
Frequency Hopping Spread Spectrum Radio System (Installation Only)
EACH
$1,145.00
505.01100
MAG Class AA Concrete
CY
$400.00
505.06401
Concrete Scupper, MAG Det 206, S/W"=4', 1-4' Curb opening
EACH
$3,100.00
505.06501
Concrete Scupper, MAG Det 206, S/W"=5', 1-4' Curb opening
EACH
$3,500.00
505.06511
Concrete Scupper Spillway, MAG Det 206, 1-4' Curb opening
LF
$60.00
505.18000
Retaining Wall
SF
To Be Negotiated
520.01035
Safety Rail (Height= 3'-6") MAG Det 145
LF
$82.00
520.01047
Safety Rail (Height= 4'-8") MAG Det 145
LF
$104.00
523.91000
Headwall
EACH
To Be Negotiated
525.02000
Pneumatically Placed Mortar (Shotcrete) [Indicate Thickness]
SY
To Be Negotiated
604.01005
Controlled Low Strength Material, ½ Sack
CY
To Be Negotiated
604.01010
Controlled Low Strength Material, 1 Sack
CY
To Be Negotiated
604.01015
Controlled Low Strength Material, 1½ Sack
CY
To Be Negotiated
618.10001
Reinforced Concrete Pipe [Indicate Size and Class]
LF
To Be Negotiated