CTR061562_Contract_Documents.pdf

Procurement

OFFER AND ACCEPTANCE

Solicitation No: BPM004502 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.

Quail Construction LLC

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

7200 E 31st Place

Colby Stumm 06.21.2022

Address Printed Name Date

Yuma AZ 85365

Senior Estimator

City State Zip Title cstumm@quailcorp.com

928-314-1212 Email Address Phone Number quail.a-r@quailcorp.com

Company Email Address Fax Number

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: 81A2B602-B1F3-4F89-85A5-578607456ECF

8/9/2022

DocuSign Envelope ID: 89FFAE06-4CE7-4277-A279-6C3C1D3C463B

CTR061562

22September1

Rev. 04/2020

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM004502

DESCRIPTION: Traffic Control Services – Central District

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.

Stacy Wiesner Procurement Officer Phone: 602.712.6939 Email: swiesner@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2534 and A.A.C. R2-7-C301 et seq., Competitive Sealed Proposals.

“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/

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 16

Uniform Terms and Conditions 25

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 35

2 - Title VI/Non-Discrimination Assurances Appendix E 36

3 - Work Location Map 37

4 - Work Order Request 38

5 - Vendor Performance Report 39

6 - Daily Activity Report 40

7 - Portable Speed Feedback Signs Specifications 42

8 - Daily Recap of DPS Officers Services and Vehicle Usage 45

9 - Monthly Recap of DPS Officers Services and Vehicle Usage 46

10- Daily Recap of Local Law Enforcement Officers 47

11- Daily Recap of Civilian Flaggers 48

12- Safety Program Plan Requirements 49

13- Quarterly Usage Report 50

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 Traffic Control Services, Routine and Emergency for the Central District.

2. Introduction and Background

2.1. The Department intends to establish an as-needed “On-Call” term contract for routine and emergency traffic control services in the Phoenix Metropolitan Area, in accordance with these specifications and the provisions contained in this solicitation.

3. General Requirements

3.1. The Contractor shall furnish all necessary signage, traffic control devices, labor, tools, material, equipment and supplies to perform the required traffic control services in accordance with the specifications.

3.2. The Contractor shall have adequate equipment, facilities and staff to service multiple and simultaneous traffic control locations and to respond to emergency requests within the specified response time

3.3. Work Locations

3.3.1. The service area includes ALL highways within the Central Maintenance District. Refer to Work Location Map, Exhibit 3.

3.4. Work Schedule

3.4.1. The majority of work performed under this contract shall be during nights and weekends due to the high traffic volumes in the Phoenix Metropolitan area. There will be times when weekday work is required.

3.4.2. Work is to be performed on an as needed “On Call” basis; the Department will only pay for the actual hours worked. Hours shall be considered when Contractor arrives/leaves on site.

3.5. Call Out Notification

3.5.1. The Department shall notify the Contractor by phone, email, or fax when services are needed and will issue a Work Order Request, Exhibit 4, advising the Contractor of work location and the extent of the services requested.

3.5.2. No work shall begin until the quote is approved by the Department and a Contract Purchase Order for the project is issued to the Contractor. Any deviation from the amount reflected on the quote which results in an increased cost to the Department, must be approved in writing prior to commencement of work.

3.5.3. Any work that is done by the Contractor without proper authorization shall not be eligible for payment.

3.6. Corrective Re-Work

3.6.1. 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 5, shall be forwarded to the Procurement Officer and a copy shall be furnished to the Contractor. When written notice of performance deficiencies is delivered to the Contractor, the Contractor shall, at no cost to the Department, correct the deficiencies to the approval of the Department.

4. Specific Requirements

4.1. Work Details

4.1.1. All traffic shall be maintained through the work area(s) and protected in accordance with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) and the ADOT Traffic Control Supplement current Edition of MUTCD, Part VI, Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations, as revised, including future revisions/ and the ADOT Traffic Control Manual for Highway Construction and Maintenance, current Edition, including any future revisions.

MUTCD Standards: http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm

Arizona Supplement to the current Edition of MUTCD: Arizona Supplement to the

2009 MUTCD

4.1.2. The Contractor shall complete and submit a Temporary Restrictions and Closure System (TRACS) permit application to the City of Phoenix for approval. The approved TRACS permit shall be provided to the Department seven (7) days prior to work commencing.

4.2. Routine Work Requests

4.2.1. The Contractor shall respond to ROUTINE work order requests within 24 hours of the request. This response shall include the quote.

4.2.2. The Contractor shall be on-site within two (2) hours of notification for tear down of traffic control devices.

http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf

4.3. Emergency Work Request

4.3.1. The Contractor shall be on site to EMERGENCY work within two (2) hours of receipt of request. Emergency time frame is defined as a 24 hour per day, 7 day per week basis.

4.3.2. The Contractor shall be capable of being on-site within two (2) hours of notification for tear down of traffic control devices.

4.4. Maintenance and Protection of Traffic Control

4.4.1. All traffic shall be maintained through the work area(s) and protected in accordance with the requirements of the 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. Refer to the below links:

MUTCD Standards: http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm

Arizona Supplement to the current Edition of MUTCD: Arizona Supplement to the

2009 MUTCD

ADOT Traffic Control Design Guidelines: Temporary Traffic Control Design Guidelines (link is external)

4.4.2. 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:

4.4.2.1. Use of attenuators is not required for work on 2-lane highways with lane closures and flagging/pilot operations.

4.4.2.2. 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 Department’s approval.

4.4.3. These manuals address only 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.

4.4.4. All traffic control and traffic control devices shall be furnished by the Contractor and must be in place/set up prior to the commencement of work.

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

http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf

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

4.4.7. The Contractor shall have variable message boards in place one (1) week in advance of the proposed work in order to alert the public of the work location, possible delays, and closures. At a minimum, one (1) message board shall be placed at each end of the limits of the work zone, for a total of two (2) message boards. Actual location shall be as directed by the Department.

4.4.8. All traffic control devices shall meet the requirements set forth in the MUTCD for 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. Scratched, rips, and tears in reflective sheeting shall be promptly corrected by the Contractor.

4.4.9. Any unsuitable or unserviceable devices shall be replaced immediately, upon demand of the Department. The Department shall be the sole authority in determining the serviceability of the traffic control devices.

4.4.10. Traffic control set-ups shall be continually observed and maintained by the Contractor’s personnel when requested by the Department.

4.4.11. The Contractor is responsible to ensure that all traffic control devices are in place and functional at all times.

4.4.12. No traffic control devices shall be stored within thirty (30) feet of the roadway.

4.4.13. Requirements for National Cooperative Highway Research Program (NCHRP-350) and the

AASHTO Manual for Assessing Safety Hardware (MASH) Crashworthy Work Zone Traffic Control Devices can be located in the following links:

NCHRP-350 https://ops.fhwa.dot.gov/wz/resources/final_rule.htm

MASH

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_seve rity/listing-archived.cfm?code=cushions

4.4.14. During work periods where lane closures are necessary, the Contractor shall maintain a minimum of one (1) 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.

4.5. Traffic Control Plan

4.5.1. The Contractor shall provide the Department with a traffic control plan for each location along with a detailed schedule showing the work activities, duration of work and quote for https://app.az.gov/ https://ops.fhwa.dot.gov/wz/resources/final_rule.htm https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing-archived.cfm?code=cushions https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing-archived.cfm?code=cushions approval within 48 hours upon receipt of the Work Order Request for routine work and three (3) business days for major interstate closures.

4.5.2. Any Department requested revisions to the Contractor’s traffic control plan shall be revised and submitted to the Department within 24 hours. This shall include a revised quote, if applicable.

4.5.3. The individual developing the traffic control plan shall be a licensed Engineer as well as trained and certified by the American Traffic Safety Services Association (ATSSA). The certification must be current and must be valid throughout the duration of the project and life of the contract.

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

Report, Exhibit 6 for each day in which traffic control activities are conducted.

4.5.5. The Contractor shall provide regulatory signs as directed by the Department.

4.5.6. The Contractor’s Traffic Control Plan shall include a flag person when the site is a two-way roadway.

4.6. Barricades

4.6.1. The Contractor SHALL stabilize or ballast barricades by placing sandbags on the lower parts of the frame or stays. Ballast (sandbags) shall not be placed on top of any barricade rail. When used, barricade warning lights shall conform to the requirements of Section 6E Lighting Devices of MUTCD.

4.7. Barriers

4.7.1. Pedestrian fences and crowd control barriers shall not restrict motorist’s visibility. Sand bags shall be placed below typical windshield height. Pedestrian fences shall be Americans with Disabilities Act (ADA) compliant.

4.7.2. Crowd control barriers are to be used for crowd management to create physical barriers to easily demarcate “No Access” zones and where crowds should have lines. Crowd control barriers will be made of steel that can be interlocked to create lines of desired length.

4.8. Lane Closures

4.8.1. Certain phases of work (loading and unloading equipment) and work sites (ramps, traffic interchanges, and urban areas), may require lane closures. Lane closures or restrictions will only be allowed during off-peak traffic hours. Off-Peak traffic hours are between 9:00 A.M. and 3:00 P.M. and 9:00 P.M. to 5:00 A.M. or as directed by the Department.

4.8.2. There shall be no Friday lane closures or peak hour closures unless approved by the Department. The Contractor should plan for this possibility in the preparation of this offer package.

4.8.3. Prior to establishing any lane closures, the Contractor shall present a written Traffic

Control Plan to the Department (weekends and holidays excluded), for the Department’s approval. At the discretion of the Department, and once the Traffic Control Plan has been approved for a specific location that approval may be sufficient for future lane closures at that location, providing that lane closures are established in strict accordance with the approved plan.

4.9. Arrow Board Panels

4.9.1. When used, arrow panels shall conform to the requirements and standard of the MUTCD, current Edition as adopted by the Department in accordance with the applicable subsection of the Standards. Arrow panels shall be truck or trailer mounted and shall be of the sequential Chevron type.

4.10. Portable Dynamic Speed Limit Sign

4.10.1. Portable dynamic speed limit signs shall meet the requirements of the Portable Speed

Feedback Signs Specifications, Exhibit 7.

4.11. Traffic Control Technician

4.11.1. The traffic control technician(s) shall have the training and experience necessary to perform the traffic control services in a safe, effective manner in accordance with all requirements of the ADOT Traffic Control Manual, Work Site Traffic Control, MUTCD, and as directed by the Department.

4.12. Off-Duty Uniformed Law Enforcement Officer and Vehicle Usage

4.12.1. 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.

4.12.2. 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.

4.12.3. 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.

4.12.4. Upon request and approval of the Department, the Contractor or their subcontractor will coordinate with DPS for the utilization of their officers. The current coordinators for DPS are:

Jackie James – (602) 223-2342

Brandy Reissner – (602) 223-2855

4.12.5. Arrangements shall be made at least two (2) days prior to the event. Contact hours will be from 8:00 A.M. to 5:00 P.M.

4.12.6. 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. The current list can be obtained by contacting DPS at (602) 223-2342 or (602) 223-2855.

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

4.12.8. The Contractor shall be responsible for ALL scheduling, contacting, and coordination as well as the payment of Off-Duty Uniformed Law Enforcement Officers used 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.

4.13. Pricing

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

4.13.2 The Traffic Control Technician’s time shall be computed from the time of arrival at the traffic control location and shall be stopped when set-up or tear-down is completed to the satisfaction of the Department.

4.13.3. In the event that work activity is not completed at the designated completion time, the

Contractor shall be reimbursed at the hourly rate for Traffic Control Technician for necessary standby time. Payment of standby time shall be only for time the Technician is actually waiting on the jobsite between the ordered traffic control pickup time and the actual beginning of traffic control pickup.

4.13.4. The fixed rate for DPS Law Enforcement Officers and Vehicles shall be paid at the unit bid price, which shall be full compensation for the work, complete, including all overhead costs and fringe benefits. Overtime hours for local enforcement officers and civilian flaggers will be paid for at the respective unit bid prices. No additional payment will be made for overtime hours, the cost being considered as included in the unit bid price for local enforcement officers and civilian flaggers. No payment will be made when DPS officers and their vehicles are used to provide flagging services.

4.13.5. Civilian flagging services will be measured by the hour for each hour that a civilian flagger is provided. Flagging services by DPS Officers and Local Law Enforcement Officers will be measured for each hour that a uniformed, off duty DPS Officer or Law Enforcement Officer with vehicle is employed directly by the Contractor as a flagger within the project limits, when authorized in advance by the Department. Quantities will be rounded to the nearest 0.5 hour.

4.13.6. No additional payment shall be made for routine daily checks of the traffic control setups and ensuring that the traffic control devices are in place and functional at all times.

4.14. Equipment

4.14.1 All equipment utilized in the execution of this contract shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and the acts, codes, orders, and decrees of any administrative bodies, councils, or tribunals.

4.14.2. 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.

4.14.3. All vehicles must be maintained in good repair, appearance, and conditions at all times.

Equipment, machinery, component, or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment. The Department reserves the right to inspect equipment at any time and require the replacement of any vehicle/equipment that does not meet minimum serviceability standards.

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

4.14.5 Vehicle(s) shall be equipped with a mobile phone, with hands-free capabilities, which allows communication with the Department, Contractor’s base facility, and Traffic Control Technician(s).

4.14.6. All vehicle(s) utilized in this contract shall be equipped with rotating amber 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. Rotating amber beacon lights shall be equal to code three, 6105 rectangular and/or 550 round for uniformity. Lights shall be operational at all times the vehicle is in use within the work location Right-of-Way.

4.14.7. Truck mounted attenuators shall be located at the positions shown on the Traffic Control

Plan and/or as directed by the Department.

4.14.8. The attenuator shall meet the requirements of Section 701-3.07 Truck Mounted

Attenuators of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction, current Edition including errata and addenda. Refer to the following link:

https://azdot.gov/business/contracts-and-specifications/specifications

4.15. Safety, Sanitary & Health Conditions

4.15.1. All items supplied under this contract shall comply with the current applicable

Occupational Safety and Health Standards of the State of Arizona Industrial Commission, the National Electric Code, the National Fire Protection Association Standards and the Department of Environmental Quality.

4.15.2. All employees working on this contract will be required to wear Occupational Safety and Health Administration Regulations (OSHA) approved hard hats, high-visibility, OSHA approved safety vests (Type III), steel toed footwear, and full length pants at all times while working within the Right-of-Way. All Personal Protective Equipment (PPE) shall be Class III.

4.15.3. For daytime work, flaggers’ vest, shirt, or jacket shall be orange, yellow, strong yellow green or fluorescent versions of these colors. For nighttime work or low visibility situations, similar outside garments shall be retro-reflective and shall be visible at a minimum distance of 1,000 feet.

4.15.4. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractors’ 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. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards.

4.15.5. 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.

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

4.16. Reports

4.16.1. The Contractor shall complete the Daily Activity Report, Exhibit 6 and deliver it daily to the Department. These reports may be modified at any time to meet the needs of the Department.

4.16.2. The Daily Activity Report, Exhibit 6, shall include, but is not limited to, the following: date, beginning, and ending site locations, (route and milepost markers), types and quantities of devices used, and hours of usage for each device. All available information regarding accidents, incidents, unusual occurrences that take place in work locations should be https://azdot.gov/business/contracts-and-specifications/specifications recorded. This information may include: name, address, physical description, age, license plate number, vehicle description, etc., of victims, suspects, and witnesses. Additional information may include circumstances, time, location, and other pertinent information regarding the situation.

4.16.3. The Daily Recap of DPS Officers Services and Vehicle Usage, Exhibit 8, Monthly Recap of

DPS Officers Services and Vehicle Usage, Exhibit 9, Daily Recap of Local Law Enforcement Officers, Exhibit 10, and Daily Recap of Civilian Flaggers, Exhibit 11, reports shall be completed by the Contractor.

5. Contractor’s Responsibilities

5.1. Contractor’s Requirements

5.1.1. 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.

5.1.2. The Contractor shall carry on their operations in such a manner that damage is not inflicted to existing grounds, utilities, highway milepost markers, signs, delineators, or other structures. 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 final payment.

5.1.3. The Contractor shall be responsible for verifying quantities prior to the start of any project. All changes must be approved by the Department prior to the commencement of work. Any changes to the quantities and/or scope encountered once the project beings shall be immediately brought to the attention of the Department. The changes must be reviewed and approved before any additional and/or new work is done. Any extra or new work that is done beyond the approved Work Order Requests/Purchase Order will not be eligible for payment.

5.1.4. Damage to stope 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 a considered to be within one (1) hour of occurrence. Damage to delineators shall be repaired within forty-eight (48( hours of occurrence.

5.2. Contractor’s Employees

5.2.1. The Contractor shall provide mentally alert, physically fit, adequately, trained and qualified employees to ensure contracted services progress in a safe, orderly and timely manner. The Contractor shall provide an adequate number of qualified and experienced employees to complete the work on each project.

5.2.2. All persons engaged in the 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, 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.

5.2.3. All Contractors’ employees shall be in compliance with all OSHA and other State, Federal, Local regulatory agency requirements.

5.2.4. At least one (1) Contractor employee on duty shall carry a cell phone or pager for emergency contact by the Department. This employee shall be fluent in English in order to communicate with the Department.

5.2.5. Employees shall be neat, clean and appropriately dressed in an approved, clean uniform with an identification badge or patch that contains the Contractor’s name and employee’s name, at all times while on duty. The identification badge shall be worn on the outer garment.

5.2.6. Due to the nature of work performed, the Contractor’s 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.

5.2.7. 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.

5.2.8. Parking of employee’s personal vehicles within the Right-of-Way is prohibited.

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

5.2.10. 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.

5.3. Language Requirement

5.3.1. The Contractor’s On-Site Supervisor and additional personal 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.

This requirement is necessary due to the following reasons which include, but are not limited to:

5.3.1.1. Warnings of emergencies and hazards

5.3.1.2. Preparation of reports

5.3.1.3. Communication with Department personnel

5.3.2. 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.

5.4. Supervision

5.4.1. An On-Site Supervisor shall be in the work area at all times when work operations are taking place. The On-Site Supervisor shall have 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. 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.

5.4.2. 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 or mobile radio, at no cost to the Department. 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.

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

5.4.4. The Contractor shall provide the Department with names and telephone numbers of all supervisory personnel who will oversee this contract and office personnel. The On-Site Supervisor and office personnel shall possess a means of communication with the Department in advance of and while performing any work under this contract.

5.4.5. The Contractor shall provide the Department a detailed listing of their crews and their phone numbers.

6. Department’s Responsibilities

6.1. Inspection

6.1.1. 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.

6.2. Work Acceptance

6.2.1. The Department shall decide all questions which may arise as to the quality and acceptability of any work performed under this contract.

6.2.2. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards, which are incorporated in the work assignment.

6.3. Acts of Nature

6.3.1. 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.

6.4. Project Meeting

6.4.1. Prior to commencement of work, the Department will arrange a meeting with the

Contractor to discuss operational plans for execution of the contracted work. At this meeting, the Contractor shall submit the following:

Personnel List – Prior to the start of each task, the Contractor shall provide the Department with a key personnel list that includes 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.

Work Schedule - Prior to the start of each Work Order Request, the Contractor shall provide the Department with a final work schedule as detailed in the Specifications, Section 3.2, Work Schedule.

Safety Plan – Prior to the start of each Work Order, the Contractor shall provide the Department with a copy of the safety plan. Refer to Safety Program Plan Requirements, Exhibit 12.

SPECIAL TERMS AND CONDITIONS

1. Contract Term

The term of any resultant contract shall commence on the effective date of award and shall continue for a period of twelve (12) months thereafter, unless terminated, cancelled 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. Invoicing Requirements

Separate invoices are required for each 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 proc process payment within thirty (30) calendar days after acceptance of services. Delivery of the service to the Department does not constitute acceptance.

The date the Department accepts delivery of services shall 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.

7. 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.

8. Price Reduction

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

9. 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.

10. Contract Administration

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

11. 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

1739 W. Jackson Street, MD 100-P 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.

12. Cancellation for Possession of Weapons on ADOT Property

This Contract may be cancelled if the 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 devices, knives or blades of more than three (3) inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property.

Further, if the Contractor or any subcontractors or others in the employ of 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.”

13. Review of Contractor’s Work

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department reserves the right to make such reviews and pass upon the acceptability of the Contractor’s work. Partial acceptance shall not relieve the Contractor’s obligation to correct, without charge, any errors in the work performed under this contract.

14. Accuracy of Work

The Contractor shall be responsible for the accuracy of the work and shall promptly make all the necessary revisions or corrections resulting from errors and omissions on the part of the Contractor without additional compensation. Acceptance of the work by the Department shall not relieve the Contractor of the responsibility for subsequent correction of any such errors and clarification of ambiguities.

15. Indemnification

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. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona

16. Insurance

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the Department. Certificate(s) shall be received within five (5) calendar days of notification of contract award by the Procurement Officer.

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

A. Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability (CGL) – Occurrence Form

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

2. Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

a. Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

3. Workers’ Compensation and Employers’ Liability

Workers’ Compensation Statutory

Employers’ Liability Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

B. Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

a. The Contractor’s policies, as applicable, shall stipulate that the insurance afforded the

Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

b. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

C. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the…