BPM007705 Solicitation Requirements.pdf

Rev. 03/2025

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM007705

DESCRIPTION: Storm Drains, Barrier Gates, Grates, and Manhole Covers

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Christopher Sanchez Saucedo Procurement Officer Phone: 602-712-7827 Email: Csanchez12@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2533 and A.A.C. R2-7-B301 et seq., Competitive Sealed Bidding.

“An Equal Opportunity Agency”

The Arizona 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 Americans with Disabilities Act (ADA), 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, national origin in consideration for an award.

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone

(602) 712-7466. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con

ADOT (602) 712-7466.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM007705 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 18

Uniform Terms and Conditions 27

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 45

2 - Title VI/Non-Discrimination Assurances Appendix E 46

3 - Work Locations and Maintenance District – Central 47

4 - Work Locations and Maintenance District – Southcentral 48

5 - Work Locations and Maintenance District – Southeast 49

6 - Vendor Performance Report 50

7 - Task Assignment 51

8 - Safety Program Plan Requirements 53

9 - Daily Work Quantities and Traffic Control Report 54

SPECIFICATIONS

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Storm Drain Barrier Gates, Grates and Manhole Covers Installation and Repairs.

2. Introduction and Background

2.1. The Arizona Department of Transportation, herein referred to as the Department, intends to establish an as-needed “on-call” term contract for installation of custom fabricated storm drain outlet barrier gates, custom fabricated box culvert gates, catch basin grates and manhole covers.

3. Specific Requirements

3.1. Work Locations

3.1.1. The service areas are at various locations throughout the Central, Southcentral and

Southeast Districts. Refer to Work Location and Maintenance Districts, Exhibits 3 through 5.

3.1.2. Tribal Land

3.1.2.1. Some project locations may be located within Native American Tribal

Communities. The Contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be required by the tribal community or reservation. Refer to the Special Terms and Conditions, Section 20 “Licenses, Permits, Certifications”

3.2. Work Details

3.2.1. The Contractor shall provide all the necessary personnel, tools, equipment, materials, and supplies to effectively perform the services in accordance with the specifications described herein, to include all required contract reporting. The Contractor shall supply the equipment to lift the gates unless otherwise agreed upon by the Department.

3.2.2. Please refer to ADOT Standard Drawings for specifications herein, including errata and addenda. https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard

3.2.3. Mobilization

3.2.3.1. Mobilization includes, but is not limited to, the movement of personnel, equipment, supplies, and incidentals to the project site; the establishment of all offices, buildings and other facilities necessary for work on the project, and for all work and operations that must be performed and costs incurred prior to beginning work on the various items on the project site.

https://app.az.gov/ https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard

3.2.3.2. The Contractor shall not charge more than one (1) mobilization charge per task assignment. If there are multiple projects on one (1) task assignment, the Contractor may include the mileage from one project to the other.

3.2.3.3. The mobilization rate shall be inclusive of all mobilization costs per mile from the Contractor’s nearest yard or jobsite listed on the Task Assignment.

3.2.4. Call Out Notification

3.2.4.1. The Department shall notify the Contractor by phone or email when service is needed and may issue a Task Assignment, Exhibit 7, advising the Contractor of the work location, the extent of work and product needed and the Task Assignment Due Date and Time.

3.2.4.2. The Contractor has three (3) working days (excluding weekends and State holidays) to respond to the Task Assignment, Exhibit 7 request and provide the Department with a quote reflecting the number of estimated hours for the repairs, anticipated start work and completion date, equipment required, parts and supplies, and cost to perform service.

3.2.4.3. The Contractor shall begin service as agreed upon within the Task

Assignment, Exhibit 7, but no later than ten (10) calendar days (including weekends and State holidays) of the Department’s request unless otherwise approved by the Department.

3.2.4.4. A written Task Assignment, Exhibit 7, and Contract Purchase Order for each project are required before any work can proceed on any on-call service request defined herein.

3.2.4.5. No work shall begin until the quote is approved by the Department.

Deviation from the amount reflected on the quote which results in an increased cost to the Department must be approved in writing prior to the commencement of work.

3.2.5. Emergency Call-Out Notification

3.2.5.1. In emergency cases, the response time shall be within two (2) hours of notification and repairs shall begin within twenty-four (24) hours of notification. Emergency work shall be indicated on the Task Assignment, Exhibit 7. Emergency work is defined as within 24 hours after notification by the Department.

3.2.6. Confined Space Requirements

3.2.6.1. The Contractor shall comply with all applicable laws and regulations regarding confined spaces and as directed by the Occupational Safety and

Health Administration (OSHA) 1910.146 Permit Required Confined Spaces.

3.2.6.2. The Contractor shall measure and record air quality/atmosphere readings of the confined space area prior to and during work operations. The Contractor is responsible to provide any necessary rescue equipment, safety monitoring equipment and Personal Protection Equipment (PPE).

3.2.6.3. The Department may require the Contractor to provide additional trained personnel during work involving confined spaces when necessary to comply with applicable OSHA safety requirements, including 29 CFR 1926, Subpart AA, Confined Spaces in Construction.

3.2.6.4. The Contractor shall provide a written Safety Plan Requirements, Exhibit

8, addressing the hazards likely to be encountered. The safety plan shall be submitted for review to the Department prior to commencing work.

Confined Space Entry procedures for recovery of inspection equipment without personnel entry into the confined space shall be defined in the written safety plan, see Exhibit 8 Safety Plan Requirements.

3.2.6.5. The Department will not provide safety monitoring equipment.

3.2.7. Custom Fabricated Storm Drain Outlet Barrier Gates

3.2.7.1. Custom fabricated Storm Drain Installation shall include performing measurements at each jobsite, fabrication, hardware, and equipment necessary to perform the work. https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard

3.2.7.2. "ADOT" shall be marked with a weld bead on the interior flat stock of each fabricated gate, and the letters shall be no smaller than one (1) inch.

3.2.7.3. The custom fabricated storm drain outlet barrier gates and box culvert gates shall be constructed and installed as shown on C-Standard Drawing Storm Drain Outlet Barrier Gate C-13.75 shown in the ADOT Standard Drawings or as directed by the Department.https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard

3.2.8. Catch Basin Grates

3.2.8.1. Catch Basin Grates Installation shall include performing measurements at each jobsite, fabrication, hardware and equipment necessary to perform the work.

3.2.8.2. "ADOT" shall be marked with a weld bead on the interior flat stock of each fabricated grate and the letters shall be no smaller than one (1) inch.

https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard https://azdot.gov/business/engineering-and-construction/roadway-engineering/roadway-design/construction-standard

3.2.8.3. All catch basin grates shall be in accordance with the current Standard Specification Section 503-3.03, including errata and addenda, and shall be in accordance with the C Standard Drawing C-15.10 through C-15.92, shown in the ADOT Standard Drawings or as directed by the Department.

3.2.9. Welding

3.2.9.1. All welding shall be in accordance with current Standard Specifications, Section 604-3.06 including errata and addenda.

3.2.10. Manhole Covers

3.2.10.1. Manhole Cover Installation shall include performing measurements at each jobsite, fabrication, hardware, and equipment necessary to perform the work. Frames and covers previously installed by ADOT shall conform to the requirements of Subsection 505-2.05 for manhole frames and covers, 1004-6 for drainage structure castings, and in accordance with the C- Standard Drawing C-18.10, shown in the ADOT Standard Drawings or as directed by the Department. The bearing face of the frame shall be machined so that the cover will lie flat in any position in the ring and have a uniform bearing throughout its entire circumference. Before leaving the foundry, the frames and covers shall be thoroughly cleaned. At the manufacturer's option, manhole covers may be supplied from the foundry with the ADOT logo embossed in the center, at no additional cost to the Department. The current ADOT logo design at the time of cover installation shall be used. Manhole cover with outdated logo designs will not be accepted for installation or payment.

3.2.10.2. Frames and covers previously installed by MAG shall be in accordance with the MAG Detail Drawing 523-1 through 524, shown in the ADOT Standard Drawings or as directed by the Department.

https://www.azmag.gov/Programs/Public-Works/Specifications-and-Details

3.2.11. Paint

3.2.11.1. All paint for the custom fabricated storm drain outlet barrier gates, catch basin grates and manhole covers shall be in accordance with the current Standard Specifications, Section 610-3.05, including all errata and addenda.

3.3. Work Schedule

3.3.1. The Contractor may be required to work at any hour’s day or night, week or weekend.

This provision is necessary to minimize the negative impacts on the motoring public.

3.3.2. All work shall be performed during daylight hours or as requested by the Department.

No work will be performed on weekends or State Holidays without prior approval by the Department. All work hours and days will be subjected to restrictions that are established by the Department.

https://www.azmag.gov/Programs/Public-Works/Specifications-and-Details

3.3.3. The Contractor shall provide the Department with a Work Schedule. The Work

Schedule shall account for known Department priorities, seasonal weather conditions and applicable requirements of the Task Assignment procedures. Work schedule and planning meetings shall be held as necessary and as requested by the Department.

3.3.4. Significant changes in the Contractor's schedule must be submitted in writing to the Department and shall be accompanied by a proposed revised schedule. Upon approval by the Department, the Contractor may implement the revised schedule.

3.3.5. The Department reserves the right to make minor adjustments in the schedule at any time in order to avoid conflict with highway construction or maintenance operations, or to better serve the Department's needs.

3.3.6. All scheduled work NOT completed during the week scheduled shall be reported to the Department in writing on the first work day of the following week. The report shall include an explanation of why the work was not completed and plans for getting the work back on schedule.

3.3.7. If the Contractor falls behind schedule at any time, additional workers shall be assigned at no additional cost to the Department until the work is back on schedule

3.4. Equipment

3.4.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition and capacity to efficiently perform the work and render the services required by this contract. This includes sufficient "backup" equipment to provide uninterrupted service when equipment breakdown occurs. In the event of an equipment failure, the Contractor has one (1) business day to resume operations. A listing of all equipment meeting these requirements, which will be used to perform the work required under this contract, shall be provided on the Equipment List – Attached in APP.

3.4.2. The Contractor’s equipment shall comply with all applicable federal, state, tribal and local laws, statutes, ordinances, rules, and regulations, and the acts, codes, orders, and decrees of any administrative bodies, councils, or tribunals.

3.4.3. All trucks used on ADOT projects will be purged (cleaned) prior to adding material to eliminate cross-contamination caused by mixing of incompatible products.

3.4.4. The Contractor's vehicles and mobile equipment shall be clearly marked with the company name and/or logo and an identification number.

3.4.5. All vehicles utilized in this contract shall be equipped with amber rotating beacon lights and/or LEDs mounted in such a manner as to be seen above the cab of the vehicle from any direction for a distance of 500 feet. Lights shall be in operation at any time the vehicle is in use within the work location right-of-way.

3.4.6. The Contractor shall ensure that all vehicles/equipment utilized herein and within the Department right-of-way shall be equipped with a working back-up alarm that is audible and distinctly distinguishable from other noise around the worksite.

3.4.7. Vehicle(s) shall be equipped with mobile phone, or other device to facilitate communication and coordination with the Department and the Contractor's base facility. Communication devices shall be fully operational and available for immediate use during all work operations.

3.4.8. Vehicles and equipment shall be maintained in a neat and serviceable condition.

When required, Contractor’s vehicles and equipment shall be equipped with "SLOW MOVING" equipment symbols. The "SLOW MOVING" equipment symbols shall be in good repair and mounted in the center of the rear of the equipment.

3.4.9. The costs of all warning lights and panels on any vehicle shall be considered incidental to the appropriate item.

3.4.10. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected by the Contractor prior to using the equipment.

3.4.11. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. The Department reserves the right to inspect the Contractor's vehicles at any time to ascertain their condition and acceptability.

3.5. Maintenance & Protection of Traffic Control

3.5.1. The Department may require the Contractor to provide traffic control services. If so, the Contractor shall adhere to the following requirements.

3.5.2. If requested, the Contractor shall maintain all traffic through the work area and protected in accordance with the requirements of the MUTCD current Edition as adopted by ADOT including errata and addenda, Section 701; the ADOT Supplement to current Edition of the MUTCD and ADOT Traffic Control Design Guidelines. Refer to the following links:

3.5.2.1. MUTCD: https://mutcd.fhwa.dot.gov/

3.5.2.2. ADOT Traffic Control Design Guidelines and the Arizona Supplement to the current Edition of MUTCD: https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references

3.5.2.3. American Traffic Safety Services Association (ATSSA):

https://www.atssa.com

3.5.2.4. MASH Crashworthy Work Zone Traffic Control Devices:

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_ severity/listing.cfm?code=workzone https://mutcd.fhwa.dot.gov/ https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://www.atssa.com/ https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listi https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listi https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listi

3.5.2.5. These manuals address only minimum standards for traffic control, if any conditions exist, that are determined by the Department, that require additional or special traffic control methods or signing, the Contractor shall supply such traffic control at no additional cost to the Department.

3.5.3. The official report for all traffic control work done shall be recorded on the Daily Work

& Traffic Control Activity Report, Exhibit 9, for each day in which traffic control activities are conducted.

3.5.4. The marker installation vehicle, traffic control vehicle(s), with Truck Mounted Attenuator (TMA), and traffic control vehicles shall have self-contained flashing arrow panels.

3.5.5. All moving installation operations shall stop at a regular interval, as determined by the Department for the clearing of the queued vehicles.

3.5.6. In addition to the required Maintenance and Protection of Traffic Control, the use of a TL 3 Truck Mounted Attenuator shall be required at all times during any work within clear/recovery zone with below exceptions:

3.5.7. Use of attenuators is not required for work on 2-lane highways with lane closures and:

3.5.7.1. Flagging Pilot Operations

3.5.7.1.1. Use of attenuators may be omitted on shoulder work when the shoulder is so narrow, soft, etc. that vehicles cannot completely pull off the roadway, which would result in the side of the vehicle obstructing a travel lane. Determination of unsatisfactory shoulder conditions shall be determined on a site-specific basis with the approval of the Department.

3.5.7.2. During work periods where lane closures are necessary, the Contractor shall maintain a minimum of one lane of traffic. Where no lane closure is necessary but where there is construction alongside the roadway, the Contractor shall place 48” X 48” “ROAD WORK AHEAD” (W20-1) and “SHOULDER WORK AHEAD” (W21-5C) signing as directed by the Department to alert the public to the construction activities.

3.5.7.3. The traffic control pricing items are listed under the items tab in the Arizona

Procurement Portal (APP). All other items are considered incidental to those items and are not billable. This includes the development of traffic control plans, estimates, and all the necessary work to coordinate the traffic control with the Department and local jurisdictions (when applicable).

Vehicle mounted signs are considered incidental items (including arrow boards) and are not eligible for compensation beyond what is specified per the line items in APP.

3.5.7.4. Arrow panels shall be truck or trailer mounted and shall be of the sequential chevron type.

3.5.7.5. The Contractor shall provide regulatory signs as directed by the

3.5.7.6. If traffic control is being performed by a Subcontractor, the Contractor shall identify the company on the traffic control plan(s). The traffic control plans shall include the name of the company, address, telephone number, and name of the contact person.

3.5.8. Traffic Control Plans

3.5.8.1. If requested, the Contractor shall provide the Department with a traffic control plan, for each location along with a detailed schedule showing the work activities and duration and submit them to the Department for approval prior to the commencement of any work on the project. The Contractor’s proposal shall be submitted early enough to allow at least 10 calendar days for review and approval before use of the proposed traffic control plan.

3.5.8.2. Any Department requested revisions to the Contractor’s traffic control plan shall be revised and submitted to the Department within 48 hours. This shall include a revised quote, if applicable.

3.5.8.3. All traffic control plans must be approved by the Department prior to any work commencing on the project.

3.5.8.4. Once approved by the Department, the traffic control plans and project traffic control estimates or subcontractor shall not be changed without prior approval by the Department, or required by an emergency situation.

3.5.8.5. The individual developing the traffic control plan as well as the Contractor’s supervisor must be American Traffic Safety Services Association (A.T.S.S.A.) trained and certified. The certification must be current and must be valid throughout the duration of the project and life of the contract.

The Contractor will provide A.T.S.S.A. certified traffic control technicians for all traffic control activities.

3.5.9. Lane Closures

3.5.9.1. Work shall be limited to a single lane at a time. Multiple lane closures may be required depending on the location. One lane of traffic shall remain open for traffic flow at all times and at no time shall more than two lanes be closed without the approval of the Department. No additional payment shall be paid for multiple traffic control set- ups or tear-downs across multiple lanes of the roadway.

3.5.9.2. The Contractor shall provide arrow board(s) for traffic control for all lane closures.

3.5.10. Other Provisions

3.5.10.1. The Department shall be the final authority on traffic control matters.

3.5.10.2. All traffic control devices shall conform to the requirements of the MUTCD and the specifications with regards to size, color, reflectivity, and construction and shall be maintained in a clean and serviceable condition at all times. All traffic control devices shall be kept free from dirt, mud, and roadway grime. Scratches, rips, and tears in reflective sheeting shall be promptly corrected by the Contractor.

3.5.10.3. Traffic control set-ups shall be continually observed and maintained by the

Contractor’s personnel when requested by the department.

3.5.10.4. The Contractor shall store all traffic control devices not currently in use at least thirty feet (30 ft.) from the edge of the travel lane, or at least 10 feet behind permanent barrier or guardrail.

3.5.10.5. The fluorescent orange signs, type IV or greater are required for all warning signs.

3.5.11. DPS & Law Enforcement Officer and Vehicle Usage

3.5.11.1. Law enforcement is defined as sworn uniformed off-duty police officers with a properly identified and marked police vehicle that has working blue and red flashing lights. The intent of having law enforcement included in a project is to assist with setting up traffic control and monitoring the work zone.

3.5.11.2. In utilizing law enforcement in ADOT work zones, the officers should be encouraged to be alert and monitor the entire work zone. The officers should not conduct personal business while on the job site. The officer should be encouraged to spend part of their time outside the vehicle, being visible to the public.

3.5.11.3. Patrols shall be scheduled when workers are present without positive barrier protection (temporary concrete barrier) or when exceptional hazards exist, such as during set up of traffic control.

3.5.11.4. The Department will not pay for travel time to and from the worksite.

3.5.11.5. Upon request and approval of the Department, the Contractor or their subcontractor will coordinate with DPS for the utilization of their officers.

3.5.11.6. Arrangements shall be made at least two (2) days prior to the event.

Contact hours will be from 7 a.m. to 5 p.m.

3.5.11.7. The only firms (referred to above the Contractor or Subcontractor) that can contact DPS and arrange for officer/vehicle coverage are those approved by DPS and have executed an Off-Duty Law Enforcement Officers Agreement.

3.5.11.8. All Off-Duty Uniformed Law Enforcement personnel utilized under this contract must be certified by the Arizona Law Enforcement Office Advisory Council (ALEOAC).

3.5.11.9. The Contractor shall be responsible for all scheduling, contacting, and coordination of Off- Duty Uniformed Law Enforcement Officers for use on this contract. Acceptance of the Contractor's request for approval of Off- Duty Uniformed Law Enforcement Officers by the Department shall not be construed as relieving the Contractor of its obligation to contact the law enforcement agency for any changes in scheduling or coordination.

3.5.11.10. If traffic violations are observed, the officers have an obligation to pursue and cite motorists while on this type of assignment.

3.5.11.11. If the Contractor supplements their traffic control with Off-Duty Uniformed Law Enforcement Officers, the Contractor shall submit a request for the use of Off-Duty Uniformed Law Enforcement Officers to the Department for their approval. The Department shall have final authority in determining the need for Off-Duty Uniformed Law Enforcement Officers and the number and duration of officers required.

3.5.11.12. In the event that a job is canceled for any reason, the Contractor shall notify the Law Enforcement Agency at least four (4) hours prior to the scheduled start time for the job. An officer who reports as scheduled when construction was not canceled four (4) hours prior will be paid a minimum of two (2) hours show up time.

3.5.11.13. In the event an Off-Duty Uniformed Law Enforcement Officer is scheduled for a job and it is canceled due to mechanical breakdown after the job has begun, the officer will be paid for a minimum of two (2) hours. Off Duty Uniformed Law Enforcement Officers will be paid a minimum of two (2) hours regardless of the length of time the job is scheduled to run.

3.5.11.14. The Department shall verify the Off-Duty Uniformed Law Enforcement

Officers’ hours and all paperwork. The information required will include the officer’s name, badge number, start and stop times, and hours worked at the job site.

3.5.11.15. Off-Duty Uniformed Law Enforcement Officers shall submit all paperwork to the Contractor who shall sign off on the hours worked and submit it with invoicing.

3.6. Reports

3.6.1. The Contractor shall complete the Daily Work & Traffic Control Activity Report, Exhibit 9, and deliver it daily to the applicable Department. This report may be modified at any time to meet the needs of the Department. The report shall include, but not limited to the following:

● Contract name, number and date

● Route and beginning/ending mileposts

● Names of employees and work schedules

● Equipment details

● Unusual activity (accidents, incidents, vandalism)

● Victims, suspects or witnesses information (name, address, license plate number, physical description/vehicle description)

3.6.2. The Contractor shall immediately notify the Department of any accidents, incidents or unusual occurrences and note them on the Daily Work & Traffic Control Activity Report, Exhibit 9.

3.6.3. The official report for all traffic control work done will be recorded on the Daily Work

& Traffic Control Activity Report, Exhibit 9, for each day during which traffic control activities are conducted.

3.6.4. Corrective Re-Work

3.6.4.1. The Contractor shall re-work any unacceptable work, including traffic control if needed, within (5) calendar days after notice, unless otherwise approved by the department, and at no cost to the Department. Traffic Control for corrective re-work shall be coordinated with the Department.

Repairs shall be accomplished in a professional manner.

3.6.4.2. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and of the need for corrective re-work. If deficiencies are noted, a Vendor Performance Report, Exhibit 6, shall be completed and submitted to the Procurement Officer. A copy of the report will also be furnished to the Contractor.

3.7. Safety, Sanitary, & Health Conditions

3.7.1. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities having jurisdiction therein.

3.7.2. Attention is directed to Federal, State, and local laws, rules, and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety.

3.7.3. The Department shall be notified immediately of any incidents or conditions relative to public health or safety.

3.7.4. All Contractor employees shall be in compliance with all Occupational Safety and Health Administration (OSHA) and all other State, Federal, Tribal, local regulatory agency requirements. Refer to the following link: https://www.osha.gov/

3.7.5. Contract specifications require all Contractor employees to wear Occupational Safety and Health Administration (OSHA) approved hard hats, high visibility safety vests, steel toed footwear, and full length pants at all times while working within the right of way.

3.7.6. The Contractor shall comply with the Social Security Act, Workers’ Compensation laws, and Unemployment laws of the State of Arizona as well as all State, Local, and Federal legislation, rules and regulations associated with maintenance and construction relevant to the Contractor's business.

3.7.7. The Contractor shall perform operations in such a manner that damage is not inflicted to existing grounds, utilities, highway milepost markers, signs, delineators or other structures.

3.7.8. The Contractor shall repair or replace any highway property damaged by work operations at their own expense and as directed by the Department. If the damage has to be repaired or replaced by the Department, the cost of such work shall be deducted from the Contractor's payment.

3.7.9. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Department and the District Regional Signing and Striping Supervisor immediately. Immediate is considered to be within one (1) hour of occurrence.

Damage to delineators shall be repaired within forty-eight (48) hours of occurrence.

4. Contractor’s Responsibilities

4.1. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the contractor and shall not be leased employees, sub-contractors, or independent contractors. The Department may require verification of the nature of employment of the employees. This requirement is not intended to preclude the use of sub-contractors for specialty services.

4.1.1. Contractor’s Employees

4.1.1.1. Due to the nature of the work performed, Contractor employees, in a particular sense, will represent the State to the motoring public. Employees shall treat motorists in a friendly, courteous manner. Employees should keep well informed on local road conditions, detours, points of interest, and services available, but shall refrain from recommending any retail service over another.

4.1.1.2. All Contractor employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring.

https://www.osha.gov/ https://www.osha.gov/

4.1.1.3. The Contractor shall ensure all of its employees are properly licensed to operate the Contractor’s equipment and are properly trained in its use.

4.1.1.4. Employees are prohibited from having firearms or weapons in their possession while on duty.

4.1.1.5. No visitors, spouses, or children of the Contractor’s employees will be allowed in the work location during working hours unless they are bona fide employees of the Contractor.

4.1.1.6. Parking of employee’s personal vehicle within the right-of-way will not be permitted.

4.1.1.7. Employees are required to comply with A.R.S. § 28-731, which prohibits driving over, across, or within a highway median.

4.1.1.8. The Contractor and Contractor’s employees are strictly prohibited from the operation of, or advertising of any commercial enterprise or activity on any premises that are the subject of this contract; except as may be provided under other contracts to which the Department is a signatory. Refer to A.R.S. § 28-7053.

4.1.2. Language Requirement

4.1.2.1. The Contractor’s On-Site Supervisor and additional personnel assigned to the project as deemed necessary by the Department must be literate and fluent in the English Language. This is not meant to require that all Contractor personnel speak, read and write English. Some tasks may require only the on-site supervisor, crew leader or a crewmember to speak, read and write English. Other activities that involve contact and interaction with the public may require that more workers speak English. This requirement is necessary due to the following reasons that include but are not limited to:

● Warnings of emergencies and hazards.

● Preparation of reports.

● Communication with Department personnel

4.1.2.2. Due to the significance of the above listed reasons, the English requirement is being made with the intent that communications between the Contractor’s employees, Department personnel and the public will be understood.

4.1.3. Supervision

4.1.3.1. The Contractor shall designate an On-Site Supervisor and they shall be in the work area at all times when work operations are taking place.

4.1.3.2. The On-Site Supervisor shall have the authority to make decisions concerning day-to-day operations and shall assist the Department in making on-site inspections and in coordinating other operational requirements.

4.1.3.3. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses and certifications, traffic control plans, devices and services required under this contract.

4.1.3.4. A copy of this contract and any amendments thereto shall be in the possession of the On-Site Supervisor at all times when performing work under this service contract.

4.1.3.5. These supervisory personnel shall assist the Department’s appointed representative in making random on-site facility inspections and in coordinating other operational requirements.

4.1.4. Communication

4.1.4.1. The On-Site Supervisor shall possess a means of communications with the

Department in advance of and while performing any work under this contract. This form of communication may be cellular telephone with hands-free capability. If the work location is within an area that is known to not receive cellular signal, communication shall be agreed upon by the On- Site Supervisor and the Department.

4.1.4.2. The Contractor shall provide 24 hour contact information for the duration of the project.

4.1.5. Removal of Contractor’s Employees

4.1.5.1. The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Department may require that the Contractor be removed from the job, covered by this contract, employees who endanger person(s) or property or whose continued employment under this contract is inconsistent with the best interest of the

5. Department’s Responsibilities

5.1. Acts of Nature

5.1.1. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure of the roadway is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

5.2. Inspection

5.2.1. The Department shall perform periodic inspections to ascertain the Contractor’s compliance with contract requirements. The Department reserves the right to inspect equipment at any time and require the replacement of any equipment that does not meet minimum serviceability and safety standards.

5.3. Work Acceptance

5.3.1. The Department shall determine the quality and acceptability of any work performed under the contract.

5.3.2. Work shall be completed by the Contractor in a responsible and professional manner and in accordance with the specifications, herein.

5.4. Suspension of Work

5.4.1. The Department may suspend work operations at any time, when in their judgment, present or impending weather conditions are such that the work cannot be carried out in a safe and effective manner.

5.4.2. The Department shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices.

5.4.3. Violations of safety rules, regulations or practices may be considered grounds for termination of the contract.

5.5. Work Commencement Meeting

5.5.1. Prior to commencement of work, the Department may arrange, as needed, a meeting with the Contractor and their staff to discuss operational plans for execution of the contracted work. At this meeting, the Contractor shall submit the following:

5.5.1.1. Personnel List – The Contractor shall provide the Department with a personnel list to include the following: names and contact numbers of personnel. The list shall contain the name of the On-Site Supervisor who will oversee the work and their phone number.

5.5.1.2. Work Schedule – The Contractor shall provide the Project Manager with a final work schedule.

5.5.1.3. Safety Plan – The Contractor shall provide the Department with a copy of the Safety plan, Exhibit 8.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, canceled, or extended as otherwise provided herein.

2. CONTRACT EXTENSION

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months.

3. ELIGIBLE AGENCIES

This contract shall be for the exclusive use of the Arizona Department of Transportation.

4. NON-EXCLUSIVE CONTRACT

This contract shall be for the sole convenience of the Department. The Department reserves the right to obtain like goods or services from another source when necessary. The Off-Contract Purchase Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.

5. ORDERING PROCESS

The Department shall issue a purchase order to the Contractor. Each purchase order must cite the contract number. This purchase order shall be the only document required for the Department to order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under contract is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor.

6. INSPECTION AND ACCEPTANCE

Each item delivered shall be subject to a complete inspection by the Department within fifteen (15) days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality, and materials.

If the delivered product is not accepted and returned for corrective action, an additional fifteen (15) calendar days shall be allowed for inspection of the corrected or replacement product.

The Contractor shall be responsible for transporting the material to and from the Department for the correction of items or workmanship not in compliance with the specifications.

Product returned for corrective action may delay payment. Invoices will be processed for payment only after the product is accepted.

7. INVOICING AND PAYMENT

Separate invoices are required for each shipment of product or delivery of service and shall include at a minimum:

• Department Location’s Name and Address

• Vendor Name, Remit to Address and Contact Information

• Contract Number

• Purchase Order Number

• Invoice Number and Date

• Date the items were shipped to the Department

• Contract Line Item Number

• Line Item Description or Item or Service

• Quantity Purchased

• Line Item Unit of Measure

• Price per Unit and Total per Unit

• Catalog or Other Discount (if applicable)

• Net Unit Price and Total per Unit (if applicable)

• Applicable taxes

• Applicable Shipping/Freight Charges

• Total Invoice Amount Due

Invoices not sent to the proper address, or not containing the necessary and required information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment for the purchase of product within thirty

(30) calendar days after the Department has conducted the necessary reviews, inspections and acceptance as described herein.

The department acceptance date will be the valid date for starting the thirty (30) calendar day payment period.

Payment due dates, including discount periods, will be computed from the date of acceptance or date of correct invoice (whichever is later) to the date the Department’s warrant is mailed.

8. ESTIMATED USAGE

The Department anticipates considerable usage under this contract. The Department reserves the right to increase or decrease actual quantities ordered as circumstances may require. No guarantees are made concerning actual purchases under this contract.

9. PRICE REDUCTION

A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice through a written contract amendment.

10. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices. All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

11. SAFETY STANDARDS

Items supplied under this contract shall comply with all current applicable safety standards and regulations including the Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code and the National Fire Protection Association Standards.

12. WARRANTY

The Contractor warrants:

1. That all services performed hereunder shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship. Any defects of design, workmanship or materials shall be fully corrected by the Contractor (including parts and labor) without cost to the

3. The warranty period on workmanship and materials shall be based on a minimum of twelve (12) months from the time of acceptance by the Department.

13. CURRENT PRODUCTS

All products supplied under this contract shall be in current and ongoing production; shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in the contract.

14. CONTRACT ADMINISTRATION

The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of contract interpretation or questions regarding the terms, conditions or scope of the contract.

15. NOTICES

All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called “Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested, or by any other method that provides evidence of receipt, addressed to the party or parties to receive such notice as follows:

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1655 W. Jackson Street, MD 100P

Phoenix, Arizona 85007-3276

b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor profile.

Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt. Furthermore, such notice may be given by delivering personally such notice, if intended for the State, to the Arizona Department of Transportation, Procurement Officer and, if intended for the Contractor, to the person named on the Offer & Contract Award of this contract, or to such other person as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is personally delivered to the other party.

16. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

The Contractor or any subcontractors are prohibited from having weapons in their possession or on their person within the building. Weapons shall be stored securely, consistent with A.R.S. § 13- 3118, in the Contractor’s or any subcontractor’s vehicle if there are no storage amenities available at the ADOT facility. This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons.

Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property except in the manner stated above.

Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass in the third degree; classification."

17. INDEMNIFICATION CLAUSE

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable.