260013-Exhibit 10 - MCDOT Supplemental Terms and Conditions.docx

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL TERMS AND CONDITIONS

1.0 TITLE VI

The Maricopa County Department of Transportation (MCDOT), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. § 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. See Exhibit 11 2025 Title VI Assurances.

2.0 SMALL BUSINESS ENTERPRISES (SBE REPORTING FORM)

2.1. It is Maricopa County (County) policy to facilitate and encourage participation by Small Business Enterprise (SBE) concerns in County contracts. The County encourages the contractor/consultant to take reasonable steps to eliminate obstacles to SBE participation and to utilize SBEs in performing contracts.

2.2. The contractor/consultant shall comply with 49 Code of Federal Regulations (CFR) 26.7 and further defined pursuant to Section 3 of the Small Business Act and Small Business Administration regulations implementing it (13 CFR Part 21) where possible. For more details on the SBE program and process requirements, reference the Arizona Department of Transportation (ADOT) Business Engagement and Compliance (BECO) guidelines for SBEs, which are registered in the Arizona Unified Transportation Registration and Certification System (AZ UTRACS).

2.3. The contractor/consultant shall complete the SBE Participation Reporting Form included in Exhibit 12 SBE Program Participation Reporting Form and submit with each invoice/payment request.

3.0 PROMPT PAY LEGISLATION

3.1. In accordance with Arizona Revised Statutes (A.R.S.) § 34-221, the County must issue payments to prime contractor/consultants within a certain number of calendar days after receipt of an invoice/payment request. The law also requires the contractors/consultants to pay their subcontractors/subconsultants within a specific number of calendar days after issuance of payment by the County, unless exceptions exist within the agreed-upon contractor/subcontractor or consultant/subconsultant agreement.

3.2. Upon any resolution of unapproved invoices/payment requests, prime contractors/consultants shall not withhold subtractors’/subconsultants’ payments if the County has paid for the full value of services rendered. Failure by the prime contractor/consultant to invoice the County in accordance with the terms of the contract and/or pay subcontractors/subconsultants in accordance with A.R.S. § 34-221 shall be constituted as a material breach of contract, subjecting the prime contractor/consultant to disqualification under this contract. The County reserves the right to request the prime contractor/consultant provide proof of payment to subcontractors/subconsultants at any time. See Exhibit 13 Local Public Agency (LPA) Prompt Pay and Payment Reporting Provisions.

4.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

The contractor/consultant, subrecipient, or subcontractor/subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor/consultant shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the contractor/consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The minimum goal for participation of DBE’s on this contract is 0 percent.

5.0 BUY AMERICA AND BUILD AMERICA, BUY AMERICA (BABA) ACT

5.1. The contractor/consultant shall comply, as applicable, with the current requirements of 23 CFR 635.410 Buy America and the Build America, Buy America Act specified in Title IX, Subtitle A, Part 1, Sections 70901 and 70911-70918 (Pub. L. No. 117-58 §§ 70901; §§ 70911-70918) of the Infrastructure Investment and Job Act (IIJA).

5.2. Build America, Buy America Act requirements due to Federal Highway Administration (FHWA) construction funding United States Department of Transportation (USDOT) is being utilized for this contract and related project activities and/or procurement. As applicable, all clauses in this form are to be complied with under this contract, and this form shall be inserted in any contractor’s/consultant’s subcontracts. See Exhibit 15 Build America, Buy America Stored Specifications.

6.0 DAVIS-BACON WAGE DETERMINATION AND RELATED ACTS

The Davis-Bacon Wage Determination and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Wage Determination and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. See Exhibit 16 Davis-Bacon Wage Determination and Related Acts.

7.0 CARGO PREFERENCE ACT

The Cargo Preference regulations in 46 CFR 381 govern the implementation of the Cargo Preference Act of 1954. The USDOT has ultimate reporting responsibility under this act. Reporting by the contractor/consultant to the engineer and Maritime Administration is particularly important, requiring shipping details in the form of a master freighted bill of lading sent to cargo.marad@dot.gov.

8.0 FORCE MAJEURE

8.1. For delays or failure to perform the requirements of this contract that arise from causes beyond the control and without the fault or negligence of the Contractor, and upon written request from the Contractor, the County’s authorized representative shall negotiate an adjustment to the project schedule set forth in the Solicitation and Special Provisions of this Contract

8.2. Examples of these causes force majeure events such as (1) acts of God or of the public enemy, (2) acts of the Government in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) (7) pandemics, (8)quarantine restrictions, (9) strikes, (10) freight embargoes, (11) civil disturbances, (12) riots, and (13) unusually severe weather. The Contractor shall use all reasonable efforts to minimize the duration and consequences or any delay resulting from any force majeure event and shall give the County prompt notice of the occurrence of such an event.

8.3. It shall be the Contractor’s responsibility to promptly notify, in writing, the MCDOT PM and other MCDOT representatives if the project cannot be completed as scheduled for any reason. The MCDOT PM shall have the authority to adjust the schedule, in writing, within the term of this Contract.