CTR057460_Contract_Documents.pdf

Procurement

OFFER AND ACCEPTANCE

Solicitation No: BPM003635 Available online at https://app.az.gov

Rev 04/2020

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

Offeror (Company) Name Signature of Person Authorized to Sign Offer

GRATE SOLUTIONS CO INC

Terry Branch Address Printed Name Date

724 W COMMERCE AVE

TERRY BRANCH 8/12/21

City State Zip Title

GILBERT, AZ 85233

CONTROLLER

Email Address Phone Number

JOE@GRATESOLUTIONS.NET

480‐926‐3450

Company Email Address Fax Number

TERRY@DEGCONSTRUCTION.COM

866‐790‐1438

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number _________________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date

DocuSign Envelope ID: 3096E4B6-2C6A-496F-8DF6-70B5BE74E609

9/29/2021

CTR057460

211st October

Rev. 04/2020

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson St., Ste. A Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM003635

DESCRIPTION: Storm Drains, Barrier 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.

Anita Colebrooke Procurement Officer Phone: 602-712-7827 Email: AColebrooke@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) 712-2089. 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) 712-2089.

https://app.az.gov/ mailto:AColebrooke@azdot.gov

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 21

Uniform Terms and Conditions 30

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 40

2 - Title VI/Non-Discrimination Assurances Appendix E 41

3 - Central Maintenance Unit Map 42

4 - Daily Quantities Report 43

5 - Task Assignment 44-45

6 – Vendor Performance Report 46

7 – Safety Program Plan Requirements 47

8 – Quarterly Usage Report 48

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, hereinafter referred to as the Department, has a requirement for on-call contract for installation of custom fabricated storm drain outlet barrier gates, custom fabricated box culvert gates, catch basin grates and manhole covers.

3. General Requirements

3.1. Definitions

3.1.1. Contract Administrator: The Department’s Procurement Officer

3.1.2. Contractor: Firm and/or individual that will perform the work requested in this Contract, upon award.

3.1.3. Contractor’s Contract Representative: The awarded Contractor’s designee who monitors the contract for the Contractor for the day to day operations and specifications compliance.

3.1.4. Department: The Arizona Department of Transportation (ADOT).

3.1.5. Department Contract Representative: Who monitors the contract for the Department, with the Contractor’s staff regarding the operation, maintenance, specifications and compliance.

3.1.6. C-Standard Drawings: The Arizona Department of Transportation Construction Standard drawing, current edition, including errata and addenda.

4. Specific Requirements

4.1. Work Locations

4.1.1. The service areas are at various locations throughout the Central District. Refer to Work

Location Map, Exhibit 3. Specific locations will be indicated on the Task Assignment, Exhibit 5.

4.2. Work Details

4.2.1. 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 Department shall supply equipment to lift the gates, and Traffic Control services if needed.

4.3. Call Out Notification

4.3.1. The Department shall notify the Contractor by phone, or email when Polymerized

Asphalt Surface Sealer is needed and issue a Task Assignment, Exhibit 5, advising the Contractor of work location(when applicable) and the extent of work and product needed.

4.3.2. The Contractor has three working days(3) (excluding weekends and State holidays) to respond to the Task Assignment 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.

4.3.3. The Contractor shall begin repairs as agreed upon within the Task Assignment but no later than ten days (including weekends and State holidays) of the Department’s request unless otherwise approved by the Department Contract Representative.

4.3.4. 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.

4.3.5. Emergency work is defined as within twenty‐four (24) hours after notification by the

Department.

4.3.6. A written Task Assignment, Exhibit 5, and Contract Purchase Order for each project are required before any work can proceed on any on call service request defined herein.

4.3.7. 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.

4.4. Confined Space Requirements

4.4.1. The Contractor shall comply with all applicable laws and regulations regarding confined spaces and as directed by the Occupational Safety and Health Administration (OSHA). In addition, entry into the pump houses shall also comply with (OSHA) 1910.146 Permit Required Confined Spaces. Permit required confined space is defined as a space that has one or more of the following characteristics:

4.4.1.1. Contains or has the potential to contain a hazardous atmosphere;

4.4.1.2. Contains a material with the potential to engulf someone who enters the space;

4.4.1.3. Has an internal configuration that might cause an entrant to be trapped or asphyxiated by inwardly converging walls or by a floor that slopes downward and tapers to a smaller cross section; and/or

4.4.1.3.1. Contains any other recognized serious safety or health hazards.

4.4.1.3.2. 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).

4.4.1.3.3. The Department may require additional personnel during hydrovac work involving confined spaces to meet OSHA safety requirements.

4.4.1.3.4. The Contractor shall provide a written safety plan 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.

4.4.1.3.5. The Department will not provide safety monitoring equipment.

4.4.1.3.6. Please refer to ADOT Standard Drawings for specifications herein, including eratta and addenda.

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

4.5. Custom Fabricated Storm Drain Outlet Barrier Gates

4.5.1. Installation shall include performing measurements at each jobsite, fabrication, hardware and equipment necessary to perform the work.

4.5.2. "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.

4.5.3. 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 Contract Representative.

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

4.6. Catch Basin Grates

4.6.1. Installation shall include performing measurements at each jobsite, fabrication, hardware and equipment necessary to perform the work.

4.6.2. "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.

4.6.3. 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 Contract Representative.

4.7. Welding

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

4.8. Manhole Covers

4.8.1. 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 t 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 Contract Representative. 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 option of the manufacturer, 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.

4.8.2. 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 Contract Representative.

4.9. Paint

4.9.1. 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.

5. Contractor’s Responsibilities

5.1. Corrective Re-Work

5.1.1. The Contractor shall rework any unacceptable repairs, at no cost to the Department.

Repairs shall be accomplished in a professional manner.

5.1.2. All scheduled work NOT completed during the week scheduled shall be reported to the Department Contract Representative 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.

5.1.3. 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.

5.1.4. 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 copy of the completed Vendor Performance Report, Exhibit 6, shall be forwarded to the Procurement Officer and a copy shall be furnished to the Contractor.

5.2. Work Schedule

5.2.1. 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.

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

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

5.2.3. The Contractor shall provide the Department Contract Representative 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 Contract Representative.

5.2.4. 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.

5.2.5. 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.

5.3. Equipment

5.3.1. 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 "back-up" equipment to provide uninterrupted service when equipment breakdown occurs. In case of an equipment failure, the Contractor has one (1) business day to resume operation.

5.3.2. 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.

5.3.3. 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.

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

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

5.3.6. All vehicles utilized in this contract shall be equipped with amber rotating beacon lights 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.

5.3.7. 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.

5.3.8. 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.

5.3.9. 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.

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

5.3.11. The Department reserves the right to inspect equipment at any time and require the replacement of any equipment that does not meet minimum serviceability standards.

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.

5.3.12. 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.

5.4. Reports

5.4.1. The Contractor shall prepare a Daily Diary Report - Exhibit 4, and deliver daily to the

Department Contract Representative. Reports may be modified at any time to meet the needs of the Department.

5.4.2. The Daily Diary Report shall include, but is not limited to, the following:

5.4.2.1. Contract name

5.4.2.2. Contract number

5.4.2.3. Date

5.4.2.4. Route

5.4.2.5. Milepost markers

5.4.2.6. Time Details of unusual activity (such as accidents and vandalism)

5.5. Traffic Control

Maintenance & Protection of Traffic Control

5.5.1. The Department Contract representative will indicate on the Task order Exhibit 5, Who will be responsible for providing Traffic Control or if it will be needed.

5.5.2. All traffic shall be maintained through the work area and protected in accordance with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) current Edition as adopted by ADOT including errata and addenda, the ADOT Supplement to current Edition of MUTCD and ADOT Traffic Control Design Guidelines Manual Traffic Engineering references can be accessed at:

5.5.2.1. MUTCD – Arizona Supplemental to the current Edition of MUTCD http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm http://www.azdot.gov/highways/traffic/Standards.asp

5.5.2.2. Traffic Engineering references

https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://app.az.gov/ http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm http://www.azdot.gov/highways/traffic/Standards.asp https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references

5.5.2.3. MASH Crashworthy Work Zone Traffic Control Devices:

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/redu ce_crash_severity/listing.cfm?code=workzone

5.5.2.4. ADOT Traffic Control Design Guidelines:

https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-guidelines-and-processes-(tgp)

5.5.3. These manuals address only the minimum standards for traffic control. If any conditions exist, that are judged 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.

5.5.4. In addition to the required Maintenance and Protection of Traffic (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:

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

5.5.6. Flagging pilot operations.

5.5.6.1. 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 Contract Representative.

5.5.6.2. During work period 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.

5.5.6.3. 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.

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-guidelines-and-processes-(tgp) https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-guidelines-and-processes-(tgp) https://www.azdot.gov/business/engineering-and-construction/traffic/traffic-guidelines-and-processes-(tgp)

5.5.7. General Traffic Control Process

5.5.7.1. 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 Contract Representative within forty-eight (48) hours of the issuance of an approved Task Assignment and prior to the commencement of any project.

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

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

5.5.7.3.1. When used, arrow panels shall conform to the requirements and standards of the MUTCD, current edition as adopted by ADOT, in accordance with the applicable subsection of the Standard. Arrow panels shall be truck or trailer mounted and shall be of the sequential chevron type.

5.5.7.3.2. If traffic control is 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.

5.5.7.3.3. The project traffic control plans and work item lists shall include a cost estimate based on the estimated project duration and the applicable bid prices.

5.5.7.3.4. The official report for all traffic control work done will be recorded on the Task order Exhibit 5. Who will be responsible for providing Traffic Control or if it will be needed for each day during which traffic control activities are conducted.

5.5.7.3.5. The marker‐installation vehicle, traffic control vehicle(s) with

TMA, and the traffic control vehicle shall have self‐contained flashing arrow panels.

5.5.7.3.6. All moving installation operations shall stop at regular intervals, as determined by the Inspector, for the clearing of queued vehicles.

5.5.7.4. Lane Closures

5.5.7.4.1. 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 Contract Representative. No additional payment shall be paid for multiple traffic control set‐ ups or tear‐downs across multiple lanes of the roadway.

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

5.5.8. Other Provisions

5.5.8.1. The Department Contract Representative shall be the final authority on traffic control matters.

5.5.8.2. The Contractor shall provide ATSSA – Certified traffic control technicians for all traffic control activities.

5.5.8.3. All traffic control devices shall conform to the requirements of the MUTCD and shall be maintained in a clean and serviceable condition at all times. Any unsuitable or unserviceable devices shall be replaced immediately. The Inspector shall be the sole judge of serviceability of traffic control devices.

5.5.8.4. Traffic control set‐ups shall be continually observed and maintained by trained

Contractor personnel.

5.5.8.5. 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.

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

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

5.5.8.8. The designations and requirements for sheeting shall conform to American Society of Testing Materials (ASTM) D4956 Standard Specification for Retro-reflective Sheeting for Traffic Control, unless otherwise noted. The ASTM D4956 specification is cited in its entirety by AASHTO M268.

5.5.9. DPS Officer and Vehicle Usage

5.5.9.1. Law Enforcement is defined as sworn uniformed off‐duty police officers with a properly identified 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.

5.5.9.2. In utilizing law enforcement in ADOT work zones, the officers should be encouraged to be alert and monitor the entire work zones. 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.

5.5.9.3. Patrols should 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.

5.5.9.4. Upon request and approval of the Department Contract Representative, the

Contractor or their Subcontractor will coordinate with DPS for the utilization of their officers. Current coordinators for DPS are:

Jackie James (602) 223‐2342

Brandy Reissner (602) 223‐2855

5.5.9.5. Arrangements must be made at least two (2) business days prior to the event.

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

5.5.9.6. The only firms (referred to above as 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.

Current list can be obtained by contacting DPS at (602) 223‐2342 or (602) 223‐ 2855.

5.5.9.7. All off‐duty law enforcement personnel utilized under this contract must be certified by the Arizona Law Enforcement Officer Advisory Council (ALEOCA).

5.5.9.8. 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.

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

5.5.9.10. 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 Contract Representative for their approval. The Department Contract Representative shall have final authority in determining the need for Off‐Duty Uniformed Law Enforcement Officers and the number and duration of officers required.

5.5.9.11. 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.

5.5.9.12. 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.

5.5.9.13. 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.

5.5.9.14. 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.

5.5.9.15. Failure of the Contractor to comply with these requirements shall be considered a material breach of this Contract and any costs incurred by the Off‐ Duty Uniformed Law Enforcement Officers shall be deducted from the Contractor’s payment.

5.5.10. Safety, Sanitary, & Health Conditions

5.5.10.1. 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.

5.5.10.2. 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.

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

5.5.10.4. 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/

5.5.10.5. 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.

5.5.11. 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.

5.5.12. 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.

5.5.13. 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.

5.5.14. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Department Contract Representative 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.

5.5.15. No payment will be made to the Contractor until all damage has been repaired or replaced.

5.5.16. Contractor’s Employees

5.5.16.1. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct actual employees of the Contractor and shall not be leased employees, subcontractors, or independent contractors. The Department may require verification of the nature of employment of the employees. This requirement is not intended to preclude the Contractor’s use of subcontractors for specialty services.

5.5.16.2. At least one Contractor employee on duty shall carry a cell phone or pager for emergency contact by the Department.

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5.5.16.3. The required minimum staffing level is not intended to indicate adequate staffing to perform all tasks required under this contract.

5.5.16.4. 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.

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

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

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

5.5.16.8. Visitors, spouses, or children of the Contractor’s employees shall not be allowed in the work location during working hours, unless they are bona fide employees of the Contractor.

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

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

5.5.16.11. 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.

5.5.16.12. The Contractor’s On‐Site Supervisor and additional personnel assigned to the project as deemed necessary by the Department Contract Representative 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:

5.5.16.12.1. Warnings of emergencies and hazards.

5.5.16.12.2. Preparation of reports.

5.5.16.12.3. Communication with Department personnel

5.5.16.13. 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.

5.5.17. Supervision

5.5.17.1. The Contractor shall provide the Department with the names and telephone numbers of all supervisory personnel who will oversee this contract.

5.5.17.2. The On-Site Supervisor shall have authority to make decisions concerning day-to-day.

5.5.17.3. Operations and shall assist the Department’s appointed representative in making on-site inspections and in coordinating other operational requirements.

5.5.17.4. The 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.

5.5.17.5. The Supervisor shall also possess a copy of this contract and any amendments thereto when performing work under any resultant contract.

5.5.17.6. 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 a cellular telephone. Cost of cellular usage shall be the responsibility of the Contractor.

5.5.17.7. 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 Contract Representative in writing.

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

5.5.18. Removal of Contractor’s Employees

5.5.18.1. 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 Department.

6. Department’s Responsibilities The Department will be responsible for the following:

6.1. Acts of Nature

6.1.1. 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.

6.2. Inspection

6.2.1. The Department shall perform periodic inspections to ascertain the Contractor’s compliance with contract requirements. The Department Contract Representative 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.

6.3. Work Acceptance

6.3.1. The Department Contract Representative shall determine the quality and acceptability of any work performed under the contract.

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

6.4. Suspension of Work

6.4.1. 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.

6.4.2. The Department’s Contract Representative shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices.

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

6.5. Work Commencement Meeting

6.5.1. Prior to commencement of work, the Department Contract Representative will arrange a meeting with the Contractor to discuss operational plans for execution of the contracted work.

6.5.2. At this meeting, the Contractor shall submit the following:

6.5.2.1. Personnel List

6.5.2.1.1. Prior to the start of each task, the Contractor shall provide the Department with a personnel list to include the following: names and contact numbers of all full-time, part-time, relief, and back-up personnel with their respective scheduled work days, daily work hours, and days off. The list shall contain the name of the Supervisor who will oversee the work and their phone number.

6.5.2.2. Work Schedule

6.5.2.2.1. Prior to the start of each task, the Contractor shall provide the

Department with a final work schedule.

6.5.2.3. Safety Plan

6.5.2.3.1 Prior to the start of each task, the Contractor shall provide the

Department with one (1) copy of the safety plan. Exhibit 7.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

1.1. 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, cancelled or extended as otherwise provided herein.

2. CONTRACT EXTENSION

2.1. 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

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

4. NON-EXCLUSIVE CONTRACT

4.1. 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

5.1. 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.

5.2. 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. SHIPPING TERMS

6.1. Delivery shall be F.O.B. Destination to the location designated herein. Contractor shall retain title and control of all goods until they are delivered. All risk of transportation and related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The Department will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

7. DELIVERY

7.1. Deliveries shall be completed In accordance with the requirements of the contract.

7.2. Delivery of the product does not constitute acceptance.

8. INSPECTION AND ACCEPTANCE

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

8.2. 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.

8.3. The Contractor shall be responsible for the transport of the material to and from the

Department for the correction of items or workmanship not in compliance with the specifications.

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

9. INVOICING and PAYMENT

9.1. 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

9.2. 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.

9.3. 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.

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

9.5. 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.

10. ESTIMATED USAGE

10.1. 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.

11. PRICING INFORMATION

11.1. The entries made by the bidder under the Line Items tab on Arizona Procurement Portal

(APP) will reflect actual contractual obligations both of the bidder and of the Department.

Payment shall be full compensation for all application of material, and for all labor, equipment, tools, cleaning, and incidentals necessary complete in place.

12. MOBILIZATION

12.1. For each project, a mobilization fee per mile shall be charged one time which includes, from the Contractor’s nearest yard to the jobsite. Mobilization fee shall not be charged for jobsite commute only. If there are multiple projects in the same district, only the intra-job mobilization charges shall be paid per mile for any move more than ten (10) miles from the original jobsite within the district. The Contractor and the Department Contract Representative shall agree upon all mobilization mileage calculations prior to the start of any work on the authorized project.

13. PRICE REDUCTION

13.1. 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.

14. PRICE INCREASE

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14.1. 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.

15. SAFETY STANDARDS

15.1. 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.

16. WARRANTY

The Contractor warrants:

16.1. 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.

16.2. 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 Department.

16.3. 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.

17. CONTRACT ADMINISTRATION

17.1. 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.

18. NOTICES

18.1. 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:

18.1.1. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1739 W. Jackson Street, MD 100P Phoenix, Arizona 85007-3276

18.1.2. If intended for the Contractor, to the address…