CTR067764_Contract_Documents.pdf

Procurement

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson Street

Phoenix, AZ 85007

Solicitation Amendment Summary SOLICITATION NO.: BPM005621 AMENDMENT NO.: One (1)

DESCRIPTION: Supplemental Hot Mix Products and Delivery 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. Attachments

Attachment 5 – Plant Locations is hereby added.

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

ATTACHMENT FIVE (5)

PLANT LOCATIONS

Solicitation No: BPM005621 Available online at https://app.az.gov

Rev 04/2020

Provide a list of all plant locations that will be supplying mined salt for this contract. Use additional sheets as necessary. .

1. Location Name:

Address:

City/State/Zip Code:

Contact:

Telephone Number:

E-mail Address:

Description of Services Provided:

2. Location Name:

City/State/Zip Code:

Contact:

Telephone Number:

Description of Services Provided:

3. Location Name:

City/State/Zip Code:

Contact:

Telephone Number:

Description of Services Provided: ____________________________________

4. Location Name:

City/State/Zip Code:

Contact:

Telephone Number:

Description of Services Provided: ____________________________________ https://app.az.gov/

Rev. 05/2023

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM005621

DESCRIPTION: Supplemental Hot Mix Products and Delivery 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) 712-7466. 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.

mailto:swiesner@azdot.gov

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 13

Uniform Terms and Conditions 23

EXHIBITS

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

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

3 - ADOT Maintenance Boundaries 42

4 – ADOT Maintenance Unit Locations 43

5 - Vendor Performance Report 45

6 - Quarterly Usage Report 46

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 a term contract Asphaltic Concrete (Hot Mix) Plant Pick Up and Delivery Services.

1.2. The Department currently has coverage for locations in Northcentral and Central Districts. Any resulting contract will be supplemental for areas located in the Southcentral, Southeast, Southwest, Northwest and Northeast Districts.

2. General Requirements

2.1. The Contractor shall ensure that the asphaltic concrete material keeps its consistency per the specifications upon pick-up or delivery for each location requesting the material. The Contractor’s plant shall be within 90 minutes of drive time from the jobsite in order to remain within the temperature requirements.

2.2. The work under this contract shall consist of furnishing asphaltic concrete, by providing all materials, mixing and hauling a mixture of aggregates, mineral admixture, and bituminous material in accordance with the requirements of the contract’s specifications.

2.3. The materials picked up or delivered under this contract shall conform to all applicable State, Federal and local requirements.

2.4. The Contractor shall furnish all necessary, ongoing administrative reporting, labor, tools, equipment, supplies, and materials necessary to effectively perform the required services.

2.5. All work is to be performed per the specifications stated herein and to the most current version of the following:

Standard Specifications – ADOT Standard Specifications for Road and Bridge Construction, current Edition, including errata, and addenda https://azdot.gov/business/contracts-and-specifications/specifications

American Association of State Highway and Transportation Officials (AASHTO) https://www.aashto.org/

Occupational Safety and Health Administration (OSHA) https://www.osha.gov/

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

2.6. Work Locations

2.6.1. The work under this contract shall occur statewide to include Southcentral, Southeast, Southwest, Northwest and Northeast Districts. Refer to Exhibit 3, ADOT Maintenance Boundaries and Exhibit 4, ADOT Maintenance Unit Locations.

https://app.az.gov/ https://azdot.gov/business/contracts-and-specifications/specifications https://azdot.gov/business/contracts-and-specifications/specifications https://www.aashto.org/ https://www.osha.gov/ http://www.astm.org/

2.6.2. A project which is located within Native American Tribal Land, may subject the Contractor to the laws and regulations of that Tribal Nation. Contractors shall make themselves aware of any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the Native American Community and/or Reservation for work performed at these locations. Refer to the Special Terms and Conditions, Paragraph 24 “Licenses, Permits, Certifications.”

3. Specific Requirements

3.1. Asphaltic Concrete Mix Design Criteria

3.1.1. Utilizing mineral aggregate which has been crushed, processed, separated and stockpiled, each mix design shall be formulated and submitted by the Contractor under a cover letter signed by an authorized representative (Contractor Representative) for each order. The mineral aggregate samples used for mix design purposes shall be representatives of aggregate materials to be used during production.

3.1.2. Each mix design shall be based on the mix design criteria and other requirements specified herein, utilizing asphalt cement and mineral admixture of the type and from the sources proposed for use in the production of asphaltic concrete.

3.1.3. Each mix design shall be prepared under the direct supervision of the Contractor’s

Professional Engineer experienced in the development of mix designs and mix design testing. Each mix design shall be provided in a format that clearly indicates all the mix design requirements and shall be sealed, signed, and dated by the Contractor’s Professional Engineer with each order.

3.1.4. Each mix design shall be prepared by a mix design laboratory that has met the requirements of the Department's "System for the Evaluation of Testing Laboratories".

The requirements may be obtained from ADOT Materials Group, 1221 North 21st Avenue, Phoenix, Arizona 85009, 602-712-2595.

3.1.5. Test results used in the formulation of each mix design must be from testing performed no earlier than forty-five (45) days prior to the date the mix design is signed by the Contractor’s Professional Engineer with each order. Historical abrasion values may be supplied on sources provided the testing was conducted within the past two (2) years.

3.1.6. Each mix design shall meet the following criteria when tested in accordance with the requirements of the following test methods:

Criteria Requirement Arizona Test Method

1 Voids in Mineral Aggregate: %, Range 14.5 – 18.5 (See Note)

2 Effective Voids: %, Range 5.3 – 5.7 (See Note)

3 Absorbed Asphalt: %, Range 0 – 1.0 (See Note)

Note: For mixes without RAP, Arizona Test Method 815. For mixes with RAP, Arizona Test Method 833.

3.1.7. The Department reserves the right to adjust the asphalt content during production from the mix design value without additional compensation to the Contractor in order to obtain desirable effective voids. The adjustments are to be within the listed range above.

3.1.8. The mix design grading limits are listed on the chart below:

Mix Design Grading Limits

Sieve Size

Percent Passing 3/4 Inch Mix

Lift Thickness Less Than 1½ Inches

1/2 Inch Mix Lift Thickness 1½ to 2

Inches

3/8 Inch Mix

Lift Thickness Greater Than 2 Inches

Without Admix.

With Admix.

Without Admix.

With Admix.

Without Admix. With Admix.

1 inch --- --- --- --- 100 100 ¾ inch --- --- 100 100 90-100 90-100 ½ inch 100 100 90 – 100 90 – 100 --- --- ⅜ inch 90-100 90-100 70 – 85 70 – 85 70-85 70-85 No. 8 41 – 55 42 – 56 41 – 51 42 – 52 41 – 51 42 – 52 No. 40 9-19 10-20 --- --- --- --- No. 200 2.0 – 5.0 3.0 – 6.5 2.0 – 5.0 3.0 – 6.5 2.0 – 5.0 3.0 – 6.5

3.1.9. The Contractor may propose the use of a mix design that has been developed for a previous project. The Contractor shall provide evidence that the asphalt cement and mineral admixture type and source of supply, and the source and methods of producing mineral aggregate, have not changed since the formulation of the previous mix design. The Contractor shall also provide current test results for all specified characteristics of the mineral aggregate proposed for use.

3.1.10. The Departments will determine if the previously used mix design is suitable for the intended use. The Department will either approve or disapprove the proposed mix design.

Should the Department disapprove the use of the previously used mix design, the Contractor shall prepare and submit a new mix design proposal in accordance with the requirements of these specifications.

3.1.11. A previously used mix design older than two (2) years from the date it was formulated, sealed, signed and dated shall not be allowed for use.

3.2. Mineral Aggregate

3.2.1. Mineral aggregate shall conform to the following requirements when tested in accordance with the applicable test methods:

Mineral Aggregate Characteristics

Test Method Requirement

Combined Bulk Oven Dry Specific Gravity Arizona Test Method 251 2.350 – 2.850

Combined Water Absorption Arizona Test Method 251 0 – 2.5%

Abrasion AASHTO T 96 100 Rev., Max 9% 500 Rev., Max 40%

Sand Equivalent

AASHTO T 176 (After thoroughly sieving the sample, no additional cleaning of the fines from the plus No. 4 materials is required.)

Minimum 55

Fractured Coarse Aggregate Particles Arizona Test Method 212

Minimum 85% with at least two fractured face and minimum 92% with at least one fractured face (plus No. 4 material)

Uncompacted Void Content

Arizona Test Method 247

Minimum 45.0%

Carbonates (1)

Arizona Test Method 238 Maximum 20%

1) Testing for carbonates only applies if either of the following conditions exist:

(a) The asphaltic concrete is the designed final pavement surface normally used by traffic.

(b) The asphaltic concrete, temporary or otherwise, will be subject to traffic for more than 60 days.

3.3. Bituminous Material

3.3.1. Bituminous Material (i.e. asphalt cement) shall be performance grade (PG) asphalt binder, conforming to requirements of Section 1005 of the current Edition of the Standard Specifications of Road and Bridge Construction. The type of asphalt binder shall be PG 64- 22, PG 64-28, PG 70-10, PG 70-22 or PG 76-16 in accordance with where the mixture will be placed.

3.3.2. The percent of asphalt cement used shall be based on the weight of total mix (asphalt cement, mineral aggregate and mineral admixture).

3.4. Mineral Admix

3.4.1. Mineral Admixture shall be Portland cement, blended hydraulic cement, or hydrated lime conforming to the following requirements:

Material Requirement Portland Cement, Type I or II ASTM C 150 Blended Hydraulic Cement, Type IP ASTM C 595 Hydrated Lime ASTM C 1097

3.4.2. The mineral admixture content shall be 2.0 percent, by weight, of the mineral aggregate.

However, a minimum of 1.0 percent mineral admixture may be used if the Contractor submits test information showing a lowered percentage of mineral admixture produces mix design results for Index of Retained Strength of at least 60 percent (70 percent if the average elevation of the project is above 3,500 feet) and a Minimum Wet Strength of 150 PSI when tested in accordance with Arizona Test Method 802.

3.4.3. The certification and acceptance of Portland cement, blended hydraulic cement, and hydrated lime shall be in accordance with ADOT Materials Practice and Procedure Directive No. 13, "Certification and Acceptance of Hydraulic Cement, Fly Ash, Natural Pozzolan, Silica Fume, and Lime". Refer to the following link:

https://apps.azdot.gov/files/materials-manuals/Policy-Procedure-Directives/ppd13a.pdf

3.5. Conformance of Asphaltic Concrete

3.5.1. The asphaltic concrete will be considered to be in reasonable conformance for asphalt cement content, gradation, and effective voids, if it meets the following requirements when tested in accordance with Arizona Test Method 427 and Arizona Test Method 424.

Refer to Section 416 of the following link: https://azdot.gov/business/contracts-and-specifications/specifications

Measured Characteristics Lower Limit Upper Limit Gradation (Sieve sizes)

3/8” TV – 6.0 TV + 6.0

No. 8 TV – 6.0 TV + 6.0 No. 40 TV – 5.0 TV + 5.0 No. 200 TV – 2.0 TV + 2.0 Asphalt Cement Content TV – 0.50 TV + 0.50 Effective Voids TV – 2.0 TV + 1.50

3.5.2. The target value (TV) for each measured characteristics shall be as specified in each approved mix design.

3.6. Material Requirements

https://apps.azdot.gov/files/materials-manuals/Policy-Procedure-Directives/ppd13a.pdf https://azdot.gov/business/contracts-and-specifications/specifications

3.6.1. The temperature of asphaltic concrete or mineral aggregate upon discharge from the drier shall not exceed 325° degrees F, unless a higher temperature is recommended in writing by the Department, per Section 409 of the Standard Specifications.

3.6.2. All materials supplied shall comply with the Arizona Department of Transportation current Edition Standard Specifications for Road and Bridge Construction including but not limited to:

Section 104.12 – Environmental Analysis

Section 1001 – Material Sources

Refer to the following link: https://azdot.gov/business/contracts-and-specifications/specifications

3.6.3. Materials being utilized in the production of Hot Mix shall come from an ADOT Approved Pit. Pit Clearance information can be obtained from the ADOT Environmental Services Group at: (602) 712-7767. Refer to the following link: https://azdot.gov/node/5544

3.6.4. All sources of mineral aggregate (i.e. stone, gravel, cinders, sand, etc.) must be approved in accordance with Section 1001 of Arizona Department of Transportation current Edition Standard Specifications for Road and Bridge Construction. This includes the submission and approval of an environmental analysis prepared in accordance with Subsection 104.12.

3.7. Sampling and Testing

3.7.1. Sampling and testing the materials and mixture for quality control purposes shall be the

Contractor's responsibility. The Contractor shall perform sufficient testing to assure that mineral aggregate and asphaltic concrete are produced which meet all specified requirements. The Department reserves the right to sample and test the materials and mixture when necessary to determine that they reasonably conform to the requirements specified herein.

3.8. Plant Pick Up Material

3.8.1. The Department has the option of picking up Asphaltic Concrete (Hot Mix) from the

Contractor’s designated approved material plant. In these cases, the Contractor shall provide hot mix at a temperature specified by the Department. Temperatures will range from 275° F – 325° F.

3.9. Delivery of Materials

3.9.1. Delivery of all material under this contract shall occur from the nearest plant location to the specified maintenance location(s) and/or job site. Refer to Exhibit 4 ADOT Maintenance Unit Locations.

https://azdot.gov/node/5544

3.9.2. The Contractor shall quote based on loaded miles to each maintenance yard and job site.

Loaded miles are whenever the vehicle is carrying property for hire. Loaded miles do not include deadhead miles which are miles the vehicle travels empty going to load the property or travels empty between loads or travels empty when returning to home base after unloading the property hauled.

3.9.3. If the hot mix is delivered to the specified job site, communication between the Contractor and the agency will occur prior to the delivery of any material for; order quoting and agreed upon mileage.

3.9.4. The Contractor shall take every precaution to ensure Asphaltic Concrete (Hot Mix) is delivered at a minimum temperature of 275° degrees Fahrenheit upon arrival to the specified jobsite.

3.9.5. Delivered materials not meeting the contract’s specifications and/or temperature requirements shall be returned to the Contractor at no cost to the Department.

3.9.6. Delivery shall be made as soon as possible but no later than 14 calendar days after receipt of order (ARO).

3.9.7. Short load fees may only be applied if the minimum tonnage requirement per order for delivery is not met. The short load fee will be a flat rate fee per order.

3.9.8. Orders delivered by the Contractor in split order deliveries will NOT constitute authorization from the Department for additional fees. Short load fees are not applicable to split orders made by the awarded Contractor under this contract.

3.9.9. The Contractor shall immediately notify the Procurement Officer and the Department of any changes to the Contractor’s plant locations, identified on the Plant Location Attachment 4.

3.10. Corrective Action

3.10.1. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and need of corrective rework. If deficiencies are noted, the Departments will submit a Vendor Performance Report, Exhibit 5, to the Procurement Officer, identifying the contractual deficiency and the expected resolution. A copy will be furnished to the Contractor.

3.10.2. When written notice of performance deficiencies is delivered to the Contractor, the

Contractor shall, at no cost to the Department, correct the deficiencies to the approval of the Department.

3.10.3. Repeated deficiencies or contractor’s failure to improve documented performance deficiencies may result in the termination of the Contract by the Department.

3.11. Equipment

3.11.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition and capacity to efficiently perform the work and render the services required by this contract.

3.11.2. All tanker and distributor equipment used on ADOT projects will be purged (cleaned) prior to adding new emulsion or bituminous materials to eliminate cross-contamination caused by mixing of incompatible materials.

3.11.3. The Contractor’s equipment 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.

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

3.12. Safety, Sanitary and Health Conditions

3.12.1. The Contractor shall notify the Department immediately of any incidents or conditions relative to public health or safety.

3.12.2. Contract specifications require all Contractor employees to wear OSHA approved hard hats, high visibility, OSHA approved safety vests (Type III), steel-toed footwear and full length pants at all times while working with the Right-of-Way.

3.12.3. 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.

3.12.4. 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 that are unsanitary, hazardous or dangerous to their health or safety.

4. Contractor’s Responsibilities

4.1. General

4.1.1. The Contractor shall acquire and make all arrangements for a source or sources of material, furnish mix designs which will meet the design criteria specified hereinafter, and provide all the equipment, materials and labor necessary to complete the work.

4.1.2. The Contractor is responsible for all expenses of any product that is delivered and/or applied, which is found to be contaminated and is a cause of environmental concerns.

4.1.3. All services performed shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

4.1.4. The Contractor shall notify the Department and Procurement Officer of any changes to the plant locations, identified in the Product Pricing & Pit Location Information, for the purposes of:

4.1.4.1. Change to locations – any new plant opening, addition, acquisition, joint venture, merger and or dissolution or closure of Contractor’s plant location(s).

4.1.4.2. Changes affecting the supply and delivery of materials.

4.1.4.3. Contractor’s plant location(s) shall include neighboring states and counties closest to the ADOT Maintenance Districts or work locations.

4.2. Permits

4.2.1. The Contractor and subcontractor(s) shall obtain a permit from ADOT for any and all encroachments into ADOT Right of Way, and shall comply with the obligations in such permit.

4.2.2. The Contractor understands and agrees that additional insurance may be required by ADOT activities within ADOT Right of Way that presents exposure to risk not anticipated in this agreement.

4.2.3. Contact the appropriate ADOT District Permit Office for more details or visit https://adotnet.az.gov/our-agency/infrastructure-delivery-and-operations-division-ido/statewide-encroachment-permits-team for more details.

5. Department’s Responsibilities

5.1. General

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

5.2. Acts of Nature

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

https://adotnet.az.gov/our-agency/infrastructure-delivery-and-operations-division-ido/statewide-encroachment-permits-team https://adotnet.az.gov/our-agency/infrastructure-delivery-and-operations-division-ido/statewide-encroachment-permits-team

5.3. Suspension of Work

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

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

5.4. Inspection

5.4.1. The Department may reject the shipment if problems are noted and immediately halt the unloading process. If this occurs, the Department will not be responsible for the rejected product and associated delivery cost of the product.

SPECIAL TERMS AND CONDITIONS

1. Contract Term

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, 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. Shipping Terms

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

7. Delivery

Deliveries shall be completed in accordance with the requirements of the contract.

Delivery of the product does not constitute acceptance.

8. Inspection and Acceptance

Each item delivered shall be subject to a complete inspection by the Department within 5 days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

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

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

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

9. Invoicing and Payment

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

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

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

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

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

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

10. 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.

11. Price Reduction

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

12. 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.

13. Bituminous Price Adjustment

The term “Bituminous Material” as used herein shall include asphalt cement, liquid asphalt and emulsified asphalt.

Liquid asphalt prices shall be adjusted monthly, in accordance with the “Price Adjustment for Bituminous Material” index published by Contracts and Specifications Services Section published by the Asphalt Weekly Monitor, a publication of Poten & Partners, Inc. Price changes shall only be effective after a change order in the Procurement Portal (APP) has been applied. All price changes will be effective the 1st of the month.

The tons of bituminous material incorporated in Asphaltic Concrete (Hot Mix) to which an adjustment will be applicable will be considered to equal (5.5%) percent of the quantity, measured in tons, of Asphaltic Concrete (Hot Mix), regardless of the actual percentage of bituminous material incorporated into the mix. Determination of the eligible quantities of bituminous material will be based on the calculations as listed below for 3/8”, 3/4” and 1/2 “ Hot Mix. Eligible Adjustment “Base Price” +/- “Adjustment for Bituminous Material” index published by Contracts and Specifications

Services Section, published by the Asphalt Weekly Monitor, a publication of Poten & Partners, Inc.”

= Difference X 5.5% Eligible Price Adjustment.

14. 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.

15. 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.

16. Current Products

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

17. Product Discontinuance

In the event that a product or model is discontinued by the manufacturer, the Department at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request authorization to substitute a new product or model and provide the following.

1. A formal announcement from the manufacturer that the product or model has been discontinued.

2. Documentation from the manufacturer that names the replacement product or model.

3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

4. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model.

18. Contract Administration

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

19. 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.

20. Cancellation for Possession of Weapons on ADOT Property

This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons.

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

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

21. 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.

22. Insurance

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

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

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

A. Minimum Scope and Limits of Insurance

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

1. Commercial General Liability (CGL) – Occurrence Form

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

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

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

2. Business Automobile Liability

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

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

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

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

3. Workers’ Compensation and Employers’ Liability

Workers’ Compensation Statutory

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

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

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

B. Additional Insurance Requirements

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

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

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

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

C. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the 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 1655 W. Jackson Street, MD100P, Phoenix, Arizona 85007-3276.

D. 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.

E. 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.

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.

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 contract.

3. All certificates required by this contract shall be sent directly to the Department. The certificate shall state that the insurance applies to any and all work performed for or on behalf of the State of Arizona/ADOT. The State of Arizona reserves the right to require complete copies of all insurance policies required by this contract at any time.

F. Subcontractors

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 the contract, proof from the Contractor that its subcontractors have the required coverage.

G. 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.

H. 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.

23. 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.

24. Licenses, Permits, Certifications

Contractor, at their expense, shall maintain in current status without any violations, complaints, or suspensions during the term of this contract all Federal, State, and local licenses, permits and certifications required for the operation of a business conducted by the Contractor.

25. 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 5.

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

26. Post Award

At the discretion of the Department, the Contractor, at their expense, shall attend and participate in post award meetings as scheduled by the Procurement Officer.

UNIFORM TERMS AND CONDITIONS

1. Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “Attachment” means any item the Solicitation which requires the Offeror to submit as part of the Offer.

1.2. “Contract” means the combination of the Solicitation, including the Instructions to

Offerors, the Uniform and Special Terms and Conditions, and the Specifications and

Statement or Scope of Work; the Offer and any Best and Final Offers; and any

Solicitation Amendments or Contract Amendments.

1.3. "Contract Amendment" means a written document signed by the Procurement

Officer that is issued for the purpose of making changes in the Contract.

1.4. “Contractor” means any person who has a Contract with the State.

1.5. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

1.6. “Days” means calendar days unless otherwise specified.

1.7. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the

Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the

Scope of Work after contract award.

1.8. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.9. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.10. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written…