CTR062700_Contract_Documents.pdf

DocuSign Envelope ID: 3343620F-C4E0-4C1C-8A81-893BA33B64AA

10/14/2022

DocuSign Envelope ID: F85F15E0-2A71-4EE2-B2DF-C5A96F206723

22October

CTR062700

Procurement

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson Street, MD 100P

Phoenix, AZ 85007 602.712.7211

Solicitation Amendment Summary SOLICITATION NO.: BPM004829 AMENDMENT NO.: One (1)

DESCRIPTION: Pole and Cabinet Foundation Installation/Removal Services

Rev. 04/2020

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced solicitation shall be amended as follows:

1. Specifications

Section 3.General Requirements, Paragraph 3.5. is hereby revised to read:

If requested by the Department, the steel rebar reinforcement cage and bolts shall be supplied by the Contractor. Otherwise, the steel rebar reinforcement cage and foundation and/or bolts shall be picked up by the Contractor at the ADOT Regional Traffic Signal Maintenance Yard, located at 2104 S. 22nd Avenue, Phoenix, AZ 85009.

2. Line Items

Line Item 67 is hereby added:

Steel rebar reinforcement cage and bolts

3. Attachments

Financial Questions, General Offer Requirements Section, the following attachment is hereby added

Subcontractors and Suppliers

4. All other terms, conditions, and provisions of this solicitation remain unchanged.

Procurement SUBCONTRACTORS AND SUPPLIERS

Solicitation No: BPM004829 Available online at https://app.az.gov

Rev 04/2020

Identify all subcontractors and major suppliers. There shall be no change of subcontractor(s), supplier(s) or manufacturers identified on this Attachment without prior written approval from the procurement officer.

Classification of Work Subcontractor, Supplier, or Manufacturer Name License Number

SOLICITATION NO.: BPM004829 AMENDMENT NO.: Two (2)

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced

1. Line Items

Line Item 62 Miscellaneous Labor (work not covered under line items) Unit of Measure is hereby changed to: Hour (HR)

Line Item 68 is hereby added:

Traffic Control Technician

2. All other terms, conditions, and provisions of this solicitation remain unchanged.

SOLICITATION NO.: BPM004829 AMENDMENT NO.: Three (3)

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced

1. Attachments

The following attachments are hereby added/modified:

Boycott of Israel SPO Form 205 – Forced Labor of Ethnic Uyghurs Ban

2. The solicitation has been extended until Tuesday, September 27, 2022 at 3:00PM MST.

3. All other terms, conditions, and provisions of this solicitation remain unchanged.

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM004829

DESCRIPTION: Pole and Cabinet Foundation Installation/Removal Services

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. §41-2533 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.

TABLE OF CONTENTS

https://app.az.gov/

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 17

Uniform Terms and Conditions 26

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 36

2 - Title VI/Non-Discrimination Assurances Appendix E 37

3 - ADOT Maintenance Boundaries 38

4 - Task Order 39

5 - Quarterly Usage Report 40

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 the installation and replacement (including demolition and removal) of concrete foundations for traffic signal poles, lighting poles, uninterrupted power supply (UPS) cabinets, service meter cabinets and traffic signal cabinets throughout the State of Arizona.

1.2. The Department intends to establish a term contract for Pole and Cabinet Foundation Installation/Removal Services throughout the State of Arizona, in accordance with these specifications and the provisions contained in this solicitation.

2. Introduction and Background

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

2.2. The work to be done under this contract will be defined as a project by project basis via task order.

3. General Requirements

3.1. Work Locations

3.1.1. The service areas include all State and Interstate Highway locations within the State of

Arizona and shall be specified by the Department on each individual Task Order, Exhibit 4.

3.1.2. Work areas shall be considered one of two types: Phoenix Metropolitan area (Central District), or outside Phoenix area. Refer to ADOT Maintenance Boundaries, Exhibit 3.

3.1.3. Some work areas will be located in Native American Tribal Communities. The Contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the Tribal community or reservation.

3.1.4. Some work may be located on located on Federal Land easements, (US National Forest

Service, Bureau of Land Management, National Park Services, etc.). The Contractor must adhere to the Federal agency’s rules and regulations, including taxes, fees, licenses, and permits.

3.2. The work to be done under this contract will be defined as a project by project basis with a signed

Task Order, Exhibit 4.

3.3. A project manager will be designated at the time of the task order issuance. On some Task Order, Exhibit 4, there might be more than one representative for the Department, depending on the location of the work. In such case, a main representative will by designated by the Department.

3.4. The Contractor shall have the sufficient Arizona based resources and/or sources of materials, personnel, and equipment to do the variety of different quantities, types of work, service multiple and simultaneous traffic control locations and to meet contract deadlines and expedited requests.

3.5. If requested by the Department, the steel rebar reinforcement cage and bolts will be supplied by the Contractor. Otherwise, the steel rebar reinforcement cage and foundation and/or bolts shall be picked up by the Contractor at the ADOT Regional Traffic Signal Maintenance Yard, located at 2104 S. 22nd Avenue, Phoenix, AZ 85009.

3.6. The Contractor shall store the Department furnished materials at the site or in a location approved by the Department. The Contractor shall be responsible for the replacement of missing or damaged materials that occur after receipt from the Department.

4. Specific Requirements

4.1. Work Details

All work is to be performed to the most current version of the following specifications. Refer to the following links:

4.1.1. Standard Specifications: The Department’s Standard Specifications for Road and Bridge Construction, current edition including errata, and addenda, and stored specifications.

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

4.1.2. Standard Drawings: The Department’s Standard Drawings, Signing & Marking Standard Drawings, and Traffic Structures Detail Drawings, current edition including all revisions.

https://azdot.gov/node/5286

4.1.3. Approved Products List (APL): The Department’s Approved Products List:

https://azdot.gov/node/5260

4.1.4. Manual on Uniform Traffic Control Devices (MUTCD): The current edition as adopted by ADOT, and Arizona Supplement to the MUTCD.

https://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm

4.1.5. Arizona Supplement to the MUTCD: Arizona Supplement to the 2009 MUTCD

4.1.6. Traffic Guidelines and Processes (TGP): https://azdot.gov/node/5274

4.1.7. Federal Highway Administration (FHWA): https://highways.dot.gov

4.1.8. American Association of State Highway and Transportation Officials (AASHTO):

https://www.transportation.org/

4.1.9. American Traffic Safety Service Association (ATSSA): https://www.attsa.com

4.1.10. Institute for Transportation Engineers (ITE): https://www/ite.org

4.1.11. American Society of Testing Materials (ASTM): https://www.astm.org

4.2. Blue Stake Procedures

4.2.1. The Contractor shall contact Arizona Blue Stake for locating of existing underground utilities prior to any excavation to avoid any damage to existing facilities.

4.3. Pole and Cabinet Foundations

4.3.1. The Contractor shall excavate and pour a pole or cabinet foundation at the designated location on the task order for the type foundation listed for the pay item.

4.3.2. The foundation shall comply with those requirements illustrated in the Standard Drawings illustrations of the different types of foundations can be found in this reference manual and may be accessed online at https://azdot.gov/node/5286

4.3.3. The Contractor shall apply and install an approved concrete product and PVC conduit for the foundation. The concrete mix design must be submitted and approved by the Department prior to scheduling the work and delivery of any concrete. The Contractor may submit a design for approval from more than one concrete supplier to ease scheduling and delivery flexibility. The Contractor may need to provide a batch ticket to the Department inspector with the mix code that matches the approved mix design to receive payment of the designated foundation.

4.3.4. Pole foundations shall have a two (2) inch PVC conduit that must be connected, by the

Contractor, to the pull box that fed the abandoned foundation or to the pull box designated by the Department to feed the new foundation.

4.3.5. Cabinet foundations shall include PVC conduit(s) as specified by the Department.

4.3.6. The cost to provide the connecting conduit, up to ten (10) feet from edge of foundation to edge of pull box, shall be included in the cost of the foundation. Any distance that exceeds 11 feet shall be paid for at the bid price per foot for conduit installation.

4.3.7. The Contractor shall supply and install the approved number four (4) AWG bare copper ground wire. The length and installation location shall be in accordance with the Standard Drawings.

4.3.8. The Contractor shall use an approved foundation template. The templates shall be the property of the Contractor and the use and cleanup of the templates shall be included in the cost of the foundation.

4.3.8.1. The pole foundation template shall provide a block-out for leveling nuts and method to attach a minimum of eight (8) inches of form tube to provide a smooth, uniform, round foundation top when stripped from the concrete. Foundations that are located on slopes may require greater than eight (8) inches of form tube.

The cost for the form tube shall be included in the cost of each foundation.

4.3.9. All foundation excavations and newly poured concrete foundations shall be covered and protected from pedestrian and vehicles by use of an approved barricade plan. Open foundation holes shall not be left unfilled more than one (1) night and never over the weekend. Contractors found to be in violation of this condition may be charged for the cost to have another Contractor or Department maintenance forces make the area safe.

4.4. Extra Work

4.4.1. The Department may request the Contractor to perform extra work which is beyond the normal scope of installing concrete foundations. The extra work shall include, but not limited to:

4.4.1.1. Conduit installation that exceeds 10’ from the edge of the new concrete foundation to the pull box.

4.4.1.2. Directional boring of conduit, up to 3”, to feed new foundation.

4.4.2. The work for installation of additional PVC conduit shall be measured by the foot. It is not foreseen that additional conduit shall exceed 50 feet.

4.4.3. The work for directional boring of PVC conduit shall be measured by the foot.

4.5. Materials

4.5.1. All materials may be inspected and approved by the Department prior to their use, refer to the Approved Products List (APL) https://azdot.gov/node/5260 . The Contractor shall provide the Department ten (10) calendar days and adequate access to all materials to perform this inspection. The Contractor shall assist the Department in obtaining samples and/or inspecting the material(s) as requested.

4.5.2. The Contractor shall provide a full accounting of all materials applied and used. The Contractor shall be responsible for providing adequate disposal of any removed materials, excess material and all empty containers in a manner that complies with all State and local ordinances relating to dumping. Temporary storage of waste materials on state property is allowed if identified and approved in writing by the Department. The Contractor shall be responsible for cleaning up all such materials and restoring the land to its original or better condition upon completion of the project.

4.6. Task Order Procedure

4.6.1. Projects shall be submitted by the Department on a Task Order, Exhibit 4, and no work shall begin prior to the approval of the task order and a purchase order (PO) is issued.

4.6.2. The Contractor shall review and confirm all task orders with a response to the task order within seven (7) calendar days. The response shall include verification of the work items, an accurate estimate of quantities/cost, traffic control plans, work plan and a schedule.

4.6.3. The Department will review the Contractor’s response within ten (10) calendar days. If requested, the Contractor shall make revisions to the task order.

4.6.4. Prior to commencement of each project, the Department will meet with the Contractor to address all aspects of the work. For emergency task orders, a phone call or a meeting at the job site may be conducted if required by the Department or Contractor. All emergency task orders shall have a maximum 12 hour response time.

4.6.5. The Contractor shall be responsible for verifying quantities prior to the start of any project and coordinate with the Project Manager noted on the task order. Any changes must be approved by the Department before work begins. Any changes encountered once the project begins shall be immediately brought to the attention of the Department and approved prior to additional/new work is to be completed. Any work that is done beyond the approved task order or approved changes will not be eligible for payment.

4.6.6. In the areas connected to the project and/or staging, the Contractor shall be responsible for restoring, improving, grading, clearing and/or cleaning the work area in a manner that is acceptable to the Department. This includes the clearing of weeds, rocks, waste concrete, or excavated dirt that may interfere with safety devices and/or the ability to recover on the area involved.

4.6.7. The Department shall conduct a final installation inspection prior to project acceptance. A punch-list will be developed by the Department for any deficiencies for the Contractor to correct. All deficiencies shall be corrected by the Contractor noted on the punch-list prior to acceptance of the project.

4.6.8. Once all field activities have been completed, the Contractor and Department shall meet, if necessary, to review and finalize the quantities eligible for payment. Any issues or discrepancies will be discussed, resolved/assessed at this time. After the meeting, the Contractor shall prepare a summary of all the project quantities and payment terms for the Department’s review and approval. All project summaries shall be submitted with all invoices.

4.6.9. Changes to this basic task order procedure and the referenced forms are allowable at the discretion of the Department. It should be noted that such changes shall be procedural in nature and shall not change ay material aspect of this contract.

4.7. Work Plan and Schedule

4.7.1. All Contractor generated plans and schedules are subject to Department approval. The

Department reserves the right to make adjustments in the schedule at any time to avoid conflict with highway construction or maintenance operations or to better serve the Department’s needs.

4.7.2. All work shall be performed during daylight hours and on weekdays only unless specifically requested by the Department. No work shall be performed on weekends or State holidays without prior written approval by the Department. At the Department’s sole discretion, the Contractor may be directed to work any hour’s day or night, week or weekend.

4.7.3. The Contractor shall adhere to the approved work plan and schedule. Any significant change to the schedule/plan shall be submitted to the Department for review and approval.

4.7.4. The Contractor has seven (7) calendar days to start the project after receipt of an approved task order and purchase order. Once the project has started, the Contractor has ten (10) calendar days to complete each location.

4.7.5. In the event of delays, the Contractor shall notify the Department immediately in writing with an explanation for the delay, include information on the revised schedule and how the Contractor plans to get the work back on schedule.

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

4.7.7. If a Contractor’s action or inaction results in a delay that results in additional costs, loss of budgeted funds or other direct costs the Contractor may be held responsible for those costs.

4.8. Traffic Control Plans

4.8.1. All traffic control plans shall be approved by the Department prior to any work commencing on the project. The traffic control can be altered at the request of the Department.

4.8.2. Once approved, the traffic control plans shall not be changed without prior approval by the Department. Any changes to the accepted traffic control plan shall be submitted as least forty-eight (48) hours in advance of scheduled work operations (weekends and holidays excluded).

4.8.3. 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. The development of traffic control plans, estimates, and all the necessary work to coordinate the traffic control with the Department and local jurisdictions (where applicable) are considered incidental and are not billable.

4.8.4. If the Department requires special traffic control methods or signing, such traffic control shall be supplied by the Contractor. Where public safety is compromised, the Department may require an upgrade to the traffic control devices. The Department shall be the final authority on traffic control matters.

4.8.5. Truck Mounted Attenuators (TMA’s) shall be utilized in all operations that restrict or eliminate usage of a traffic lane. The TMA’s position shall be shown on the traffic control plan. The number of traffic control vehicles with TMA’s shall be determined by the Department.

4.8.6. If a ramp or road closure is required, the traffic control plan must show a detour route.

Planned closures of consecutive “ON” or “OFF” ramps are NOT allowed. Road or lane closures must have advanced written approval of the Department.

4.8.7. If traffic control is to be 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.

4.9. Equipment

4.9.1. The Contractor shall provide and maintain 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.

4.9.2. All equipment shall 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 and all operations shall be professionally certified to operate all heavy equipment such as crane, platform trucks, etc.

4.9.3. Vehicles shall be equipped with a minimum of one (1) rotating amber beacon or strobe light and arrow panels. The beacon or strobe light shall be 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 (3), 6105 rectangular and/or 550 round for uniformity.

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

4.9.5. Lights shall be in operation at any time the vehicle is in use within the work location Right-of-Way.

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

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

4.9.8. The equipment used shall comply with all applicable Local, State, Federal, and Tribal laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils or tribunals.

4.10. Traffic Control

4.10.1. Traffic control may not be required on all foundation installations depending on locations, such as behind barrier walls or guardrail or when all construction activities are off the travel way.

4.10.2. All traffic control and traffic control devices shall be furnished by the Contractor and shall be in place prior to the commencement of work. Traffic control set-ups shall be continually observed and maintained by trained Contractor personnel. The Contractor shall provide American Traffic Safety Services Association (ATSSA) certified traffic control technicians for all traffic control activities.

4.10.3. 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 Department shall be the sole judge of serviceability of traffic control devices.

4.10.4. Barricades shall be stabilized or ballast by placing sandbags on the lower parts of the frame or stays when required. 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 the MUTCD.

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

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

4.10.7. During work period where lane closures are necessary, the Contactor shall maintain a minimum of one (1) lane of traffic at all times.

4.10.8. TMA(s) shall be utilized in all operations that restrict or eliminate usage of a traffic lane.

Additional TMA(s) should be added as needed to account for material and traffic conditions.

4.10.9. The crash rating for the attenuator device shall be consistent with the application if is being use for. All TMA(s) shall have a vehicle mounted arrow board as well as other supplemental warning devices (active and passive).

4.10.10. The Department may require the Contractor have variable message boards in place up to 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.

The duration and sign placement shall be as directed by the Department.

4.10.11. Routine scheduled work for long term traffic control set-ups shall be checked at least once prior to 6:00AM and once after dark. However, the Contractor is responsible to ensure that all traffic control devices are in place and functional at all times. Long term set-ups are defined as any traffic control set-up that will remain in place for twenty-four (24) hours or more.

4.10.12. The Contractor shall immediately notify the Department of any incidents, accidents, and vandalism in which traffic control devices are involved.

4.11. Law Enforcement

4.11.1. Law enforcement is defined as sworn uniformed off-duty police officers with a properly identified, marked police vehicle that has working blue and red flashing lights. All off-duty police officers utilized under this contract must be certified by the Arizona Law Enforcement Officer Advisory Council (ALEOAC). The intent of having law enforcement included in a project is to assist with setting up traffic control and monitory the work zone.

4.11.2. If the Contractor supplements their traffic control with Law Enforcement Officers, the Contractor shall submit a request to the Department for their approval. The Contractor shall not use any Law Enforcement Officer or vehicle without prior approval from the Department. The Department shall have final authority in determining the need for Law Enforcement Officers, the number and duration of officers required.

4.11.3. Acceptance of the Contractor’s request for approval of 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.

4.11.4. The Contractor shall be responsible for ALL scheduling, contacting and coordination as well as the payment of Law Enforcement Officers used on this contract. The only Contractors or subcontractors 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 the current coordinators for DPS listed below.

Lisa Reyna (602) 223-2816

Brandy Reissner (602) 223-2855

4.11.5. The law enforcement agency has the authorized to recall an officer from an ADOT work zone assignment. In the event an officer is recalled, the Contractor and/or subcontractor shall not be liable for any salary payment or vehicle use payment during such time and will not be invoiced for that time.

4.11.6. In utilizing law enforcement in ADOT work zones, the officers should 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. 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. If traffic violations are observed, the officers have an obligation to pursue and city motorists while on this type of assignment.

4.12. Safety, Sanitary and Health Conditions

4.12.1. All Contractor employees shall wear Occupational Safety and Health Standards (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.

4.12.2. For daytime work, flagger’s 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.

4.12.3. 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.

4.12.4. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to their health and safety.

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

5. Contractor’s Responsibilities

5.1. 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.

5.2. Contractor’s Employees

5.2.1. The Contractor shall have adequate, experienced, responsible, mentally alert, physically fit and capable staff to perform all tasks required under this contract. Staff shall be adequately trained and qualified for the type of work to be performed to ensure progress of the contracted services are completed in a safe, orderly and timely manner.

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

5.2.3. All Contractors’ employees shall take all necessary operational and safety precautions to prevent accidents from occurring. The Contractor shall ensure all of its employees are properly licensed and trained before operating equipment.

5.2.4. All persons engaged in performance of work under this contract shall be direct bona fide employees of the Contractor or authorized subcontractors. Direct bona fide employee is defined as an actual employee of the Contractor that is not a leased or subcontracted employee.

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

5.2.6. Parking of employee(s) personal vehicles within the Right-of-Way will not be permitted.

5.2.7. The Contractor and Contractor’s employees are required to comply with ARS §28-731, which prohibits driving over, across, or within a highway median.

5.2.8. The Contractor and Contractor’s employees are strictly prohibited from operating or advertising 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 ARS §28-7053.

5.3. Supervision

5.3.1. The Contractor shall have supervisory personnel present in the work area at all times during work operations for the purpose of observing work progress, inspection of completed work, meeting with the Department personnel to perform random work site inspections and coordinate operational requirements.

5.3.2. The On-Site Supervisor shall have authority to make decisions concerning day-to-day operations and in coordinating other operational requirements. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks. The On-Site Supervisor shall possess a copy of this contract including any amendments and accepted traffic control plans.

5.3.3. 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 shall be a cellular telephone. The Contractor shall provide the Department with the names and telephone numbers of all on-site supervisory personnel.

5.3.4. The Contractor’s On-Site Supervisor and additional personnel as deemed necessary by the

Department shall 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, bur are not limited to:

Warnings of emergencies and hazards

Preparation of reports

Communication with Department personnel

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

5.4. Protection of Improvements

5.4.1. The Contractor shall take all reasonable precautions and carry on the operation in such a manner that damage is not inflicted to existing grounds, Right-of-Way fences, landscaping, utilities, highway milepost markers, signs, delineators, median cable barriers, guardrails, or other structures and features. The Contractor shall leave the Right-of-Way in a condition that does the least amount of damage to existing resources.

5.4.2. In the event that damage does occur to highway property by reason of contract services, the Contractor shall immediately report any damages to the Department. Immediate is considered to be within one (1) hour of occurrence. The Contractor shall replace or repair the same at his/her own expense in like-kind and as directed by the Department. Damages shall be repaired within forty-eight hours of occurrence unless more time is granted by the Department in writing. No payment will be made to the Contractor until all damage has been repaired or replaced AND accepted by the Department. If damage caused by the Contractor has to be repaired or replaced by the Department, the cost of such work shall be deducted from monies due to the Contractor.

5.5. Suspension of Work

5.5.1. The Contractor shall suspend operations if weather or road and traffic conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the Department.

6. Department’s Responsibilities

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. Suspension of Work

6.2.1. The Department has the authority to suspend operations on a project for weather, safety, not conforming to all applicable specifications, traffic control problems or any reason that is determined by the Department to warrant such measures.

6.2.2. The Department may suspend operations at anytime, when in their judgement, present or impending weather conditions are such that operations cannot be carried out in a safe, effective manner.

6.2.3. The Department shall immediately suspend operations when work performance is observed in violation of safety rules, regulations, or practices. Violation of safety rules, regulations or practices may be considered grounds for termination of the contract.

6.2.4. The Department may suspend operations based on the inability of the Contractor to perform the work; poor performance by the Contractor to do work in a safe, orderly, and timely fashion and in compliance with these specifications. This includes poor workmanship, the use of inappropriate or defective methods, equipment and/or materials, the use of untrained personnel, uncertified heavy equipment and crane operators, untimely or incomplete traffic control, failure to follow traffic control plans or lack of proper supervision.

6.2.5. If two or more Contracts are working together or adjacent to each other on separate projects, the Contractors shall conduct themselves in a professional manner and fully cooperate with each other. Non-cooperation and/or poor coordination which causes harm and/or extra work or costs for the Department and /or other Contractors can be the basis for the suspension of operations.

6.2.6. The Department may require that the Contractor remove employees from the job who endanger person(s) or property or whose continued employment under this contract is inconsistent with the interest of the Department.

6.2.7. The Department reserves the right to replace the Contractor’s work forces with

Department forces. In the event of this action, the Contractor shall be compensated for all satisfactory completed work. However, the Department does not assume any responsibility or obligation to the Contractor for work not completed prior to the replacement of such work by the Department forces. This includes materials purchased to do the work that is now done by the Department.

6.3. Inspection

6.3.1. The Department shall perform periodic inspections to ascertain Contractor’s compliance with the 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.

6.3.2. The Department shall perform inspections to ensure work has been completed in a responsible and professional manner in accordance with the specifications, schedules, test plans, or performance and operating standards, which are incorporated in the work assignment.

6.4. Work Acceptance

6.4.1. The Department shall have the final decision on all questions which may arise as to the quality and acceptability of any work.

SPECIAL TERMS AND CONDITIONS

1. Contract Term

The 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

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 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

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. Safety Standards

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

14. Warranty

The Contractor warrants:

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

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

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.

15. 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.

16. 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.

17. 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 subcontractor(s) is/are an agency, board, commission or university of the State of Arizona.

18. Insurance Requirements

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 Insurance

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

1. Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property…