CTR067054_Contract_Documents.pdf

DocuSign Envelope ID: 6B6D8B08-3A41-4488-9983-CD0A36904DA2

September1

CTR067054

8/3/2023

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM005486

DESCRIPTION: Deck Park Tunnel Cleaning

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.

Amar J. Greasham Procurement Officer Phone: 602.712.8259 Email: agreasham@azdot.gov

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

“An Equal Opportunity Agency”

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d‐4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712‐7466. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602) 712‐7466.

Rev. 05/2023 mailto:agreasham@azdot.gov

Solicitation No: BPM005486 Available online at https://app.az.gov/

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 15

Uniform Terms and Conditions 25

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 42

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 43

3 ‐ Safety Program Plan Requirements 44

4 ‐ Daily Recap of DPS Officer and Vehicle Usage 45

5 ‐ Monthly Recap of DPS Officer Services and Vehicle Usage 46

6 Quarterly Usage Reports 47

SCOPE OF WORK

Solicitation No: BPM005486 Available online at

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 Interstate 10 (I‐10) Deck Park Tunnel Cleaning Services.

2. Introduction and Background

2.1. The I‐10 Deck Tunnel is approximately seven‐tenths (7/10) of a mile long in both the Westbound and Eastbound directions. The tunnel is located between Third Avenue and Third Street in Phoenix, Arizona.

3. General Requirements

3.1. Work Details

3.1.1. The work under this contract shall include all labor, materials equipment, cleaning chemicals, clean up, mobilization and associated traffic control for the cleaning of the I‐10 Deck Park Tunnel. Surfaces to be cleaned include ceramic tile, grout, lighting fixture lenses, phone and fire cabinets, and concrete barrier walls.

3.1.2. The approximate quantities comprising the tunnel are:

4” Square white Ceramic Tile 186,000 square feet 13 1/2 “ Square Glass Light Lenses 3,800 each Gray Concrete End Walls 19,000 square feet Concrete Barrier 2’ 10" high 26,400 square feet Fire Hydrant Cabinets 18 each Telephone Cabinets 36 each Tunnel Height varies from 16 to 18 feet

3.2. Work Schedule

3.2.1. The Contractor shall be notified by the Department when the tunnel needs to be cleaned.

The tunnel will be cleaned three (3) to four (4) times a year or as required by the Department. All tunnel cleanings shall be performed during two (2) full closures, one in each direction, Eastbound and Westbound. Upon this notification, an exact work schedule shall be submitted for approval to the Project Manager or their Representative.

3.2.2. Traffic control is to be present from scheduled beginning time until scheduled ending time, even if tunnel cleaning crew is done. The Contractor’s personnel and traffic control personnel should be at the work location by 8:00 p.m. Arizona Time.

Solicitation No: BPM005486 Available online at

3.2.3. The Contractor shall meet with Department personnel two (2) weeks prior to each tunnel cleaning.

3.2.4. The schedule for tunnel closures as traffic conditions allow shall be:

Full Closures

Start of Closure End of Closure

9:00 P.M. Friday 9:00 A.M. Saturday

9:00 P.M. Saturday 9:00 A.M. Sunday

3.2.5. A full closure is defined as the closing of all the roadways in one direction.

3.2.6. The end of a closure is when all barricades and signs have been removed from the roadway. The barricade company shall have one (1) representative on‐site during the entire closure.

3.2.7. Tunnel cleaning will be scheduled and performed as traffic conditions and special events permit.

3.2.8. The Department may stop cleaning operations if Department personnel determine:

3.2.8.1. There is excessive traffic congestion, accidents or serious injuries

3.2.8.2. Adverse weather conditions, including, but not limited to, rain, wind, fog or dust.

3.2.8.3. Any safety issue

4. Specific Requirements

4.1. Tile Wall Cleaning

4.1.1. The tile cleaning shall include the North and South walls in one direction and shall be completed within eight (8) hours of start time.

4.1.2. The tile cleaning shall be done by hand scrubbing with a brush only; no automated machines to wash tile walls will be accepted.

4.1.3. The tile wall surfaces beyond reach or obstructed by conduit or other obstacles shall be cleaned by a high‐pressure detergent and hand brush.

4.1.4. The tile cleaning shall be cleaned in three (3) waves:

Solicitation No: BPM005486 Available online at

4.1.4.1. The first wave shall be at the top of the wall with a high‐pressure detergent washer and hand scrubbing

4.1.4.2. The second wave shall be in the middle of the wall with a high‐pressure detergent washer and hand scrubbing

4.1.4.3. The third wave shall be at the bottom of the wall with a high‐pressure detergent washer and hand scrubbing with a fresh water high‐pressure washer.

4.1.5. The tile wall surfaces shall be cleaned with a cleanser approved by the Project Manager.

The tile cleaning detergent shall be safe for the worker and the environment.

4.1.6. The tile cleaning detergent utilized in the tunnel cleaning shall be effective for use in typical tunnel cleaning applications where exhaust, oil, grease, hydrocarbons and heavy metal deposits are present.

4.1.7. The tile surface shall have a clean shiny appearance when completed. A white cloth, when applied to a dry, cleaned surface, shall have no apparent evidence of any residue on the cleaned surface or on the wiping cloth.

4.1.8. Brush cleaning is the only procedure accepted for the tile. The tile walls shall be cleaned and brushed sufficiently until residues have been removed.

4.2. Tunnel Lighting Fixtures

4.2.1. Extreme caution shall be exercised to prevent damage to tunnel sensors, cables, and cameras in the tunnel.

4.2.2. All tunnel lighting fixture lenses shall be cleaned externally by a method using a window cleaner to remove all exhaust emissions and smudge. The cleaning technique shall prevent water from entering and damaging the interior components of the lighting fixtures. The lights are arranged in the tunnel such that there are three (3) bays of lights.

Each bay contains two (2) rows of lights. The light lenses must be thoroughly cleaned on the outside.

4.3. Phone and Fire Cabinets

4.3.1. All phone and fire cabinets shall be cleaned by hand using a clean cloth with soap and water or other approved cleaning chemicals and wiped dry to maintain a clean, smear‐ free appearance after the wall cleaning process

4.4. Concrete Barriers

4.4.1. Concrete barriers, located along the entire length of tunnel, shall be thoroughly cleaned with baking soda cleaners to remove all tire marks and water stains.

Solicitation No: BPM005486 Available online at

4.5. Removal of Stains and Deposits

4.5.1. Stain removal in the tunnel shall be performed by a low impact blasting technology using a bicarbonate of soda based media. Types of stains include tire marks, paint marks resulting from vehicular impact, graffiti, cement and mortar smears, chemical or mineral deposits, water or other stains. The method of stain removal used shall not damage the tile wall surface or grout. Stain removal methods shall be safe for the worker. Proper disposal methods of hazardous wastes must be followed.

4.6. Supplemental Services

4.6.1. The Contractor will respond to and complete all requests for supplemental services from the Department within seven (7) calendar days.

4.7. Acoustic Sound Attenuators and Air Shaft

4.7.1. The Contractor shall clean the acoustic sound attenuators and air shaft on a semi‐annual basis.

4.7.2. Acoustic sound attenuators are located at the entrance of each of the four (4) vent rooms and consist of eleven (11) 20” H x 8’ W x 14” D units with two (2) sides to be cleaned on each unit.

4.7.3. The Contractor shall follow the following steps when cleaning the acoustic sound attenuators:

4.7.3.1. Use a high power vacuum cleaner on both sides of each unit to remove all residues.

4.7.3.2. After cleaning, each surface shall be wiped clean with a dust retarding citrus degreaser cleaner.

4.7.3.3. Clean up the area and remove all equipment.

4.7.3.4. The air shaft shall be swept of all debris.

• UNDER NO CIRCUMSTANCES WILL THE USE OF WATER OR ANY LIQUID

(OTHER THAN THE APPROVED DEGREASER) BE ALLOWED IN THE

CLEANING OF THE ATTENUATORS

4.8. Equipment

4.8.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, safe operational condition and capacity to efficiently

Solicitation No: BPM005486 Available online at perform the work and render the services required by this contract. This includes sufficient “back‐up” equipment to provide uninterrupted services when equipment breakdown occurs.

4.8.2. Vehicles shall be equipped with a minimum of one (1) amber rotating beacon or strobe light and arrow panels. Rotating amber beacon lights shall be equal to code three, 6105 rectangular and/or 550 round for uniformity.

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

4.8.4. 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.

4.8.5. All equipment must be maintained in good repair, appearance, and sanitary conditions at all times.

4.8.6. The Department reserves the right to inspect the equipment at any time and require the replacement of any equipment that does not meet minimum serviceability and safety standards. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment at no cost to the Department.

4.9. Executive Order Equipment Compliance

4.9.1. The Executive Order applies only to: Maricopa, Pinal and Pima Counties.

4.9.2. All equipment utilized for this contract shall comply with the Governor’s Executive Order 2007‐3, Executive Order Affidavit; can be referenced in the following link:

http://www.azdeq.gov/environ/air/download/Exec_Order_2007‐03.pdf

• Equipment Manufacturer and Model: Contractor/Subcontractor name.

• Emission control device manufacture, model, and EPA verification number and/or:

a. The type and source of clean fuel to be used.

b. The estimated emission profile for the fleet using EPA’s Diesel Quantifier, http://cfpub.epa.gov/quantifier

4.9.3. The Contractor shall submit updates as needed for the above required information.

Certified copies of the clean fuel delivery shall be included for the reporting period and shall identify which vehicle received fuel. The addition or deletion of non‐road diesel equipment shall also be included in the monthly report.

4.9.4. All applicable reports and questions pertaining to compliance with the Governor’s

Executive Order 2007‐3 shall be submitted to the Arizona Department of Transportation.

http://www.azdeq.gov/environ/air/download/Exec_Order_2007 http://cfpub.epa.gov/quantifier

Solicitation No: BPM005486 Available online at

Procurement Office, 1655 W. Jackson Street, Phoenix AZ 85007:

4.10. Traffic Control

4.10.1. All Traffic shall be maintained through the work area and protected in accordance with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) current edition as adopted by ADOT including errata and addenda; the ADOT Supplement to current Edition of MUTCD and ADOT Traffic Control Design Guidelines. The MUTCD may be accessed online at:

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

• Arizona Supplement to the current Edition of

MUTCD:

http://www.azdot.gov/highways/traffic/Stand ard.asp

• ADOT Traffic Control Design Guidelines:

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

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

4.10.3. Traffic Control Plan

4.10.3.1. If requested, the Contractor shall provide the Department with a traffic control plan for each location along with a detailed schedule showing the work activities and duration and submit them to the Department prior to the beginning of each cleaning for approval. All traffic control devices shall be furnished by the Contractor and must be in place prior to the commencement of work. The individual developing Traffic Control Plan as well as Contractor’s Supervisor must be trained and certified with the American Traffic Safety Services Association (A.T.S.S.A.). The certification must be current and must be valid throughout the duration of the project and life of contract.

4.10.3.2. All traffic control plans must be approved by the Regional Traffic Engineer and the Project Manager or their Representative prior to the commencement of any work on the project. Once approved by the Department, the traffic control plans and project control estimates or Subcontractor shall not be changed without prior approval by the Department, or required by an emergency situation. Any changes to the accepted traffic control plan must be submitted forty‐eight (48) hours in advance of scheduled work operations, weekends and holidays excluded.

4.10.3.3. If traffic control is to be performed by a subcontractor, the Contractor shall http://mutcd.fhwa.dot.gov/pdfs/2009/pdf_index.htm http://www.azdot.gov/highways/traffic/Stand http://www.azdot.gov/business/engineering

Solicitation No: BPM005486 Available online at 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.

4.10.3.4. All traffic control devices shall conform to the requirements set forth in 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’s traffic control inspector shall be the sole judge of serviceability of traffic control devices.

4.10.4. Arrow Board Panels

4.10.4.1. When used, arrow panels shall conform to the requirements and standards of the MUTCD, current edition as adopted by the Department, Part VI, Temporary Traffic Control, Section 6F.56, Arizona Supplement to current edition of the MUTCD and in accordance with the current Standard Specifications, Subsection 701‐2.02. Arrow panels shall be truck or trailer mounted and shall be of the sequential chevron type.

4.10.5. Off Duty Uniformed Law Enforcement Officers

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

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

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

4.10.5.4. Upon request and approval of the Project Manager, the Contractor or their Subcontractor will coordinate with DPS for the utilization of their officers.

4.10.5.5. Arrangements must be made at least two (2) business days prior to the event. Contact hours will be from 7:00 a.m. to 5:00 p.m.

Solicitation No: BPM005486 Available online at

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

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

4.10.5.7. All off‐duty Uniformed Law Enforcement personnel utilized under this contract must be certified by the Arizona Law Enforcement Officer Advisory Council (ALEOAC).

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

4.10.5.9. The Contractor shall not use any Off‐Duty Uniformed Law Enforcement Officers or vehicle without prior approval by the Department.

4.10.5.10. DPS has the authority to recall a DPS officer from an ADOT work zone assignment. In the event a DPS officer is recalled; the Contractor and its subcontractor shall not be liable for any salary payment or vehicle use payment during such time and will not be invoiced for that time.

4.10.5.11. 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.

4.10.6. Maintenance and Protection of Traffic for this contract shall comply with the Standard

Specifications for Road and Bridge Construction section 701 can be found by accessing the following link:

https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for _Road_and_Bridge_Construction_PC.pdf

• Requirements for NCHRP‐350 and MASH Crashworthy Work Zone Traffic

Control Devices can be located in the following link:

Solicitation No: BPM005486 Available online at https://ops.fhwa.dot.gov/wz/resources/final_rule.htm https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_sev erity/ http://safety.fhwa.dot.gov/roadway_dept/policy_guide/road_hardware/

4.11. Safety Standards

4.11.1. The Contractor shall submit a copy of a Safety Plan at the post award meeting. The Safety Plan shall comply with the requirements of OSHA and the State Occupational Safety Standards. The safety plan will be reviewed by the Department’s Safety Office. Refer to Safety Program Plan Requirements, Exhibit 3.

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

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

4.11.4. All employees working on this contract will be required to wear OSHA approved hard hats, high visibility, OSHA approved safety vests, steel‐toed footwear, shirts and full‐length pants at all times while working and shall be in compliance with all OSHA and other federal, state, and local regulatory agency requirements.

4.12. Water and Disposal

4.12.1. Water will be available for cleaning from tunnel fire hydrants with standard 2‐inch or 4‐ inch fire hose connectors.

4.12.2. The Contractor shall close or cover up all storm drains to prevent any excess wastewater from entering tunnel drainage system in accordance with the Department’s Non Storm Water Quantities Best Management Practice (BMP): https://www.azdot.gov/docs/default‐ source/planning/azs0000018 2015_ms4_permit.pdf?sfvrsn=2

4.12.3. The Contractor shall be responsible for the legal disposal or all waste water, chemicals, etc., used pursuant to this contract and all necessary cleanups are to be in compliance with Federal and State laws and are the responsibility of the Contractor. Any waste water or residue which the Department has determined to be hazardous shall be disposed of in a Department‐approved method in compliance with all Federal, State, and local laws and ordinances.

4.12.4. The Contractor shall adhere to the approved capture and containment system for pollution prevention.

4.12.5. The Contractor shall supply a water truck to expedite the cleaning process.

http://safety.fhwa.dot.gov/roadway_dept/policy_guide/road_hardware/ http://www.azdot.gov/docs/default

Solicitation No: BPM005486 Available online at

4.13. Additional Requirements

4.13.1. The Contractor shall provide electrical power for cleaning of the tunnel including tools and lights. No temporary extension cords shall be allowed.

4.13.2. The Contractor shall be responsible for chemical usage according to manufacturer's warning labels and shall test any Department‐approved chemicals. The use of steam cleaning equipment, acidic cleaners, strong detergents or other methods, which in the opinion of Department will be injurious to any surfaces, will not be permitted. Cleaning solutions used must not leave a film or residue on the cleaned surfaces and must be Department‐approved.

4.13.3. Safety Data Sheets (SDS) are required for all work chemicals and cleaners used.

4.13.4. The Contractor shall submit in writing to the Department, prior to use, any substitutions of chemicals or cleaners, changes of cleaning methods or any equipment. No changes/substitutions will occur without the Departments approval.

5. Contractor’s Responsibilities

5.1.1. Contractor shall carry on the operation in such a manner that no damage occurs to the landscaping, utilities, highway markers, or other structures. The Contractor must also protect all the video cameras, fire detection and alarm systems, air quality sensors, telephones, and signs during their cleaning operations. In the event that damage occurs to highway property by the Contractor, the Contractor shall replace or repair at their own expense in like kind or as directed by the Department

5.1.2. The Contractor shall provide all necessary labor, tools, equipment, supplies and materials to perform the required services. 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 provide mentally alert, physically fit, adequately trained and qualified employees to ensure contracted services progress in a safe, orderly and timely manner.

5.2.2. Historically, the minimum number of workers to complete the work is one (1) Supervisor, three (3) Equipment Operators, and twenty-eight (28) Laborers. The Contractor shall provide an adequate number of qualified and experienced employees to perform and complete all tasks required under this contract. If performance issues arise the Contractor may be required to arrange for additional personnel at no additional cost to the department.

5.2.3. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the contractor and shall not be leased employees, sub‐contractors, or independent contractors. The Department may

Solicitation No: BPM005486 Available online at require verification of the nature of employment of the employees. This requirement is not intended to preclude the use of sub‐contractors for specialty services.

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

5.2.5. All employees shall be neat, clean and appropriately dressed.

5.2.6. All Contractors’ employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring. Contractor shall ensure all of its employees are properly licensed to operate Contractor’s equipment and are properly trained in their use.

5.2.7. 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.

5.2.8. Parking of employees’ personal vehicle within the right‐of‐way or thirty (30) feet of that roadway will not be permitted.

5.2.9. 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. Supervision

5.3.1. The contractor shall provide the Department with the names and telephone numbers of all On‐Site supervisory personnel as well as a detailed listing of their crews and phone numbers. 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’s Representative 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.

5.3.2. 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 or mobile radio.

5.3.3. A copy of this contract and any amendments thereto shall be in the possession of the On‐

Site Supervisor at all times when performing work under this service contract.

5.3.4. The Contractor's job supervisor and additional personnel as deemed necessary by the Department shall communicate in English. This is not meant to require that all Contractor personnel speak, read and write English. This requirement is necessary due to the following reasons that include but are not limited to:

Solicitation No: BPM005486 Available online at

5.3.4.1. Warnings of emergencies and hazards

5.3.4.2. Preparation of reports

5.3.4.3. Communication with Department personnel and traveling public

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

6. Department’s Responsibilities

6.1.1. The Department shall have the final decision on all questions that may arise as to the quality and acceptability of any work performed under the contract.

6.1.2. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits. If deficiencies are noted, a copy of a completed deficiency report will be generated to the Contractor.

6.1.3. The Department shall immediately suspend the Contractor’s operations when work performance is observed in violation of safety rules, regulations and practices. Violations may be considered grounds for termination of the contract.

SPECIAL TERMS AND CONDITIONS

Solicitation No: BPM005486 Available online at

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

Solicitation No: BPM005486 Available online at

• 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

Solicitation No: BPM005486 Available online at 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 1655 W. Jackson Street, MD 100P

Phoenix, Arizona 85007‐3276

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

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

12. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

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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

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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 5 calendar days of notification of contract award by the Procurement Officer.

16.1 Insurance Requirements

16.1.1 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.

16.1.2 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.

16.2 Minimum Scope and Limits of Insurance

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

16.2.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

• 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

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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.

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.

16.2.2 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.

16.2.3 Workers’ Compensation and Employers’ Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o 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).

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16.3 Additional Insurance Requirements

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

16.3.1 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).

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

16.4 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 State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

16.5 Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non‐admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A‐ VII. The State of Arizona in no way warrants that the above‐required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

16.6 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

16.6.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

16.6.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of

Solicitation No: BPM005486 Available online at contract.

16.6.3 The certificate shall state that the insurance applies to any and all work performed for or on the behalf of the State of Arizona/ADOT shall be noted on the certificate of insurance.

16.7 Subcontractors

16.7.1 Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

16.8 Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

16.9 Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self‐insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

17. USAGE REPORT

The Contractor shall furnish the Department a quarterly report showing purchasing activity under this contract. This usage report shall be provided in a form substantially equivalent to Exhibit 6.

Usage reports shall be submitted to the Procurement Officer no later than 30 days after the end of each quarter.

Usage report quarters shall be defined as follows:

• January through March – Report due April 30

• April through June – Report due July 30

• July through September – Report due October 30

• October through December – Report due January 30

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18. KEY PERSONNEL

It is essential that the Contractor provides adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.

The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the Procurement Officer. The Contractor shall immediately notify the Procurement Officer of key personnel changes. Replacement personnel shall be of substantially equal ability and qualifications. All key personnel changes are subject to the written concurrence of the Procurement Officer prior to any billable work being performed.

19. SUBCONTRACTORS

It is essential that the Contractor provides adequate experienced subcontractors, capable of and devoted to the successful accomplishment of work to be performed under this contract.

The Contractor agrees that, once assigned to work under this contract, subcontractors shall not be removed or replaced without written notice to the Procurement Officer. The Contractor shall immediately notify the Procurement Officer of subcontractor changes. Replacement subcontractors shall have substantially similar qualifications and experience. All subcontractor changes are subject to the written concurrence of the Procurement Officer prior to any billable work being performed.

20. REMOVAL OF CONTRACTOR’S EMPLOYEES

The Contractor agrees to utilize only experienced, responsible and capable personnel in the performance of the work. The Department may require that the Contractor remove from the job covered by this contract, employees who endanger persons or property or whose continued employment under the contract is inconsistent with the interest of the Department.

21. PROJECT ADMINISTRATION

The Project Manager shall be designated at the time of project assignment. The Project Manager will provide general direction as necessary and be responsible for decisions pertaining to work under this Contract.

22. LICENSES, PERMITS, CERTIFICATIONS

Contractor, at their expense,…