CTR068341Contract_Documents.pdf

DocuSign Envelope ID: 3EF7972B-3E4F-44E5-BAF4-DD2D59BDEE09

10/27/2023

23October

CTR068341

Rev. 05/2023

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM005553

DESCRIPTION: On-Call Hydrovac 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.

Shaimaa Ahmed Procurement Officer Phone: 602.712.4458 Email: sahmed@azdot.gov

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

“An Equal Opportunity Agency”

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

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712-7466. 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.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM005553 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 18

Uniform Terms and Conditions 28

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 45

2 - Title VI/Non-Discrimination Assurances Appendix E 46

3 - Work Location Map 47

4 - Task Assignment 48

5 - Daily Work and Traffic Control Activity Report 49

6 - Previous Week’s Completed Work Report 51

7 - Safety Plan Requirements 52

8 - Quarterly Usage Report 53

9 - Vendor Performance Report 54

SCOPE OF WORK

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 on-call hydrovac services.

2. Introduction and Background

2.1. This contract will serve as the primary contract for future negotiated project related services, which will be assigned through separate Task Assignments (Exhibit 4) and Purchase Orders. Each final Task Assignment will include a specific Scope of Services for each project, a negotiated cost based upon contracted rates, and a project schedule.

2.2. This contract contains line items with fixed prices that are identified as not-to-exceed or maximum unit price. For those line items, contractors may provide quotes on a task assignment request where the unit price is equal to or less than the unit price in the contract.

3. General Requirements

3.1. The Contractor shall furnish all necessary labor, tools, equipment, supplies and materials, essential to effectively perform the services required under this contract and legally dispose of waste materials on required. This work shall include, but is not limited to, pump houses, pipes, wet walls, catch basins, and box culverts as needed throughout the State of Arizona.

3.2. Work Locations

3.2.1. The service area includes various locations within the Northeast, Southeast, Central, Northcentral, Southcentral, Northwest and Southwest Maintenance Districts. Refer to ADOT Maintenance Boundaries Map, Exhibit 3.

3.2.2. Some work areas may be located in Native American Tribal Communities. A project which is located within Native American Tribal Land, may subject the Contractor to the laws and regulations of that Tribal Nation.

3.2.3. The Contractor shall make themselves aware of and adhere to all Tribal rules and regulations, including any labor requirements, taxes, equipment, fees, licenses, permits or conditions that may be imposed by the Native American Community or Reservation for work performed at these locations.

3.2.4. Any such permits and/or conditions that result in additional costs that are beyond the original scope of this contract will be considered for direct reimbursement by the Department on a case-by-case basis. Such costs will normally be considered by the Department as a direct expense that has no allowance for overhead or handling costs. The Contractor will only be able to be reimbursed per the actual cost of that additional cost.

3.2.5. Some work areas may be located in the National Forest. The Contractor must adhere to the National Forest Services rules and regulations. Refer to the following link:

https://www.fs.usda.gov/about-agency/regulations-policies/laws-regulations

4. Specific Requirements

4.1. Work Details

4.1.1. The materials, equipment, traffic control and along with all other work performed under this contract shall comply with all applicable local, state, federal and tribal laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils or tribunals. The links provided are for convenience and may not cover all requirements.

• ADOT Standard Specifications for Road and Bridge Construction:

https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list

• American Society for Testing Materials:

https://www.astm.org/

• Occupational Safety and Health Administration:

https://www.osha.gov/

4.1.2. All web links and personnel referenced throughout this solicitation are current as of the solicitation release date, and are subject to change.

4.1.3. The Contractor is required to comply with all applicable standards, orders or requirements issued under the Clean Air Act, Section 206 (42 U.S.C. 1857 (h)); the Clean Water Act, Section 508 (22 U.S.C. 1268), and the Executive Order 11728 and United States Environmental Protection Agency (U.S.E.P.A.) regulations (40 CFR Part 15) or most current.

Violations shall be reported to the Arizona Department of Environmental Quality (A.D.E.Q.)

and U.S.E.P.A. Assistant Administrator Enforcement (EN-229). Any fines, penalties, etc., regarding environmental violations shall be the sole responsibility of the Contractor.

4.2. Call Out Notification

4.2.1. The Department shall notify the Contractor by phone or email when Hydrovac services are needed and issue a Task Assignment, , advising the Contractor of work location, the Task Assignment Due Date and Time, and other pertinent information.

4.2.2. The Contractor has five (5) days (excluding weekends and State holidays) to respond to the Task Assignment request and provide the Department with a quote reflecting the number of hours, equipment required and cost to perform the service.

4.2.3. The Contractors shall respond to the Task Assignment request and provide the

Department with a quote reflecting the number of estimated hours for the repairs, https://app.az.gov/ https://www.fs.usda.gov/about-agency/regulations-policies/laws-regulations https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list https://www.astm.org/ https://www.osha.gov/ anticipated start work and completion date, equipment required, parts and supplies, and cost to perform the services, including any reduction in line item pricing.

4.2.3.1. If a Contractor does not intend to quote on a particular Task Assignment, they shall notify the Department prior to the Task Assignment Due Date and Time.

4.2.4. The Contractor shall begin services within fourteen (14) calendar days (including weekends and State holidays) upon receipt of the Department’s issued purchase order unless otherwise approved by the Department’s Project Manager.

4.2.5. In emergency cases, the response time shall be within two (2) hours of notification and services shall begin within twenty‐four (24) hours of notification. Emergency work shall be indicated on the Task Assignment.

4.2.6. A written Task Assignment and Contract Purchase Order for each project are required before any work can proceed on any project.

4.2.7. No work shall begin until the quote is approved by the Department. Deviation from the amount reflected on the quote which results in an increased cost to the Department must be approved in writing prior to the commencement of work.

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

4.2.9. The Contractor shall not be compensated for room and board expenses if required to stay overnight to complete the job.

4.3. Water Provision

4.3.1. Upon the request of the Department’s Project Manager the Contractor shall supply adequate water to accomplish the job requirement.

4.3.2. The Department shall reimburse the Contractor the actual cost for water meter setup as applicable for each job. Prior to payment of these charges, the Contractor shall provide a copy of the invoice from the water supply company identifying the verification of the charges and the water supply site(s).

4.3.3. No costs associated with travel time or mobilization will be absorbed by the Department.

4.4. Dumping and Waste Removal

4.4.1. The Contractor shall be responsible for the legal disposal and hauling of all waste. The

Contractor shall remove and transport waste and debris from the job site to a lawful licensed dumpsite which meets all Local, State, and Federal requirements, ordinances, rules and regulations.

4.4.2. The Department will provide reimbursement for these dump fees to complete assigned work. Upon completion, the Contractor shall submit all necessary receipts for disposal. The Contractor shall be reimbursed only for the actual cost incurred to the Contractor. No costs associated with travel time or mobilization will be absorbed by the Department.

4.5. Mobilization

4.5.1. Mobilization includes, but is not limited to , the movement of personnel, equipment, supplies and incidentals to the project site; the establishment of all offices, buildings and other facilities necessary for work on the project, and for all other work and operations that must be performed and costs incurred prior to beginning work on the various items on the project site.

4.5.2. The Contractor shall not charge more than one (1) mobilization charge per task assignment. If there are multiple projects on one (1) task assignment, the Contractor may include the mileage from one project to the other.

4.5.3. The mobilization rate shall be inclusive of all mobilization costs per mile from the Contractor’s nearest yard or jobsite to the jobsite listed on the Task Assignment. This rate will be a not-to-exceed line item and the Contractors may offer mobilization rates less than the fixed price to gain a competitive advantage.

4.6. Corrective Re-Work

4.6.1. The Contractor shall rework any unacceptable repairs and provide traffic control, if necessary, within thirty (30) calendar days after notice, at no cost to the Department.

Repairs shall be accomplished in a professional manner.

4.6.2. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and of the need for corrective re-work. If deficiencies are noted, a copy of the completed Vendor Performance Report, Exhibit 9, shall be forwarded to the Procurement Officer and a copy shall be furnished to the Contractor.

4.7. Work Schedule

4.7.1. The Contractor shall provide the Department with a Work Schedule. The work schedule shall account for known Department priorities. Work schedule and planning meetings shall be held as necessary and as requested by the Department.

4.7.2. All work shall be performed during the time requested by the Department. All work hours and days will be subjected to restrictions that are established by the Department.

4.7.3. All Contractor generated plans and schedules are subject to the Department’s approval.

Any significant change to the schedule and/or plan must be submitted in writing for review and approval. No work shall be scheduled without prior written approval from the Department.

4.7.4. The Contractor’s work schedule must reflect adequate time for completion of all routine work activities on a daily, weekly, and if necessary, monthly basis.

4.7.5. The Contractor shall adhere to the approved work schedule and shall complete all work during the calendar week in which it is scheduled unless circumstances occur which are beyond the control of the Contractor.

4.7.6. All work not completed during the week scheduled shall be reported to the Department in writing by the end of that week. The report shall include an explanation of why the work was not completed and plans for getting the work back on schedule. If the Contractor’s action or non-action is judged to be the reason for the problem, the Department may require the Contractor to assign additional personnel and equipment at no additional cost to the Department to get the project back on schedule.

4.8. Equipment

4.8.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition, and capacity to efficiently perform the work and render the services required by this contract. This includes sufficient “back-up” equipment to provide uninterrupted service when equipment breakdown occurs. A listing of all equipment meeting these requirements and which will be available to the Department when performing these services under this contract .

4.8.2. The Contractor shall be solely responsible for any equipment breakdown repair cost associated with this service.

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

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

4.8.5. All Contractor vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number.

4.8.6. Vehicles used within the scope of this contract shall be equipped with a minimum of one

(1) amber rotating light that are equal to code three (3) as specified in the Manual on Uniform Traffic Control Devices (MUTCD). Lights shall be visible to the oncoming traffic at all times and not be blocked by material in truck beds and trailers.

4.8.7. All Contractor vehicles shall be washed down before coming on the job and before leaving

(if it operates on unpaved areas) to reduce the tracking of noxious weeds in and out.

4.8.8. The Contractor may store equipment at the Maintenance Unit location as approved by the

4.8.9. The Contractor may anticipate needing equipment for, but not limited to, the following:

• 12 cubic yard debris capacity;

• 1500 gallon on-board water tank capacity;

• 100 gallon per minute (gpm) flow capability;

• 2000 PSI pressure capability;

• 2 Stage Minimum Centrifugal Fan

• 8000 cfm air flow capacity

• 200 inch column negative water pressure capability;

• Telescopic Extendible Boom: Minimum 8 foot extension length;

4.8.10. Low profile loader (skidsteer)

4.8.10.1. Some project locations may require a remote controlled low profile loader.

This equipment shall have the capacity to clean a box culvert with a 36” clearance (3’ box culvert).

4.9. Maintenance & Protection of Traffic Control

4.9.1. 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.

• MUTCD Standards:

https://mutcd.fhwa.dot.gov/kno_2009r1r2r3.htm

• Traffic Engineering references:

https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references

• MASH Crashworthy Work Zone Traffic Control Devices:

https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listi ng.cfm?code=workzone

• Arizona Supplement to the current Edition of MUTCD:

https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references

• ADOT Traffic Control Design Guidelines:

https://app.az.gov/ https://mutcd.fhwa.dot.gov/kno_2009r1r2r3.htm https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://safety.fhwa.dot.gov/roadway_dept/countermeasures/reduce_crash_severity/listing.cfm?code=workzone https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://azdot.gov/sites/default/files/2019 /09/TrafficControlDesignGuidelines2019.pdf

• American Traffic Safety Services Association:

https://www.atssa.com/

In addition to the required Maintenance and Protection of Traffic Control, the use of a TL 3 Truck Mounted Attenuator shall be required at all times during any work within clear/recovery zone with below exceptions:

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

Use of attenuators may be omitted on shoulder work when the shoulder is so narrow, soft, etc. that vehicles cannot completely pull off the roadway, which would result in the side of the vehicle obstructing a travel lane. Determination of unsatisfactory shoulder conditions shall be determined on a site specific basis with the Department’s approval

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

4.9.3. All traffic control devices shall be furnished by the Contractor and must be in place prior to the start of work.

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

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

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

4.9.7. All traffic control devices shall meet the requirements set forth in the MUTCD for size, color, reflectivity, and construction, and shall be maintained in a clean and serviceable condition at all times. All traffic control devices shall be kept free from dirt, mud, and roadway grime. Scratched, rips, and tears in reflective sheeting shall be promptly corrected by the Contractor.

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https:/azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://www.atssa.com/

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

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

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

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

4.9.12. Requirements for National Cooperative Highway Research Program (NCHRP-350) and the AASHTO Manual for Assessing Safety Hardware (MASH) Crashworthy Work Zone Traffic Control Devices can be located in the following links:

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

● MASH https://highways.dot.gov/safety/rwd/reduce-crash-severity

4.9.13. During work periods where lane closures are necessary, the Contractor shall maintain a minimum of one (1) lane of traffic. Where no lane closure is necessary but where there is construction alongside the roadway, the Contractor shall place 48” X 48” “ROAD WORK AHEAD” (W20-1) and “SHOULDER WORK AHEAD” (W21-5C) signing as directed by the Department to alert the public to the construction activities.

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

4.10. Traffic Control Plans

4.10.1. If requested, the Contractor shall provide traffic control services.

4.10.2. 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 for approval prior to the commencement of any work on the project. The Contractor’s proposal shall be submitted early enough to allow at least fourteen (14) calendar days for review and approval before use of the proposed traffic control plan.

4.10.3. Any Department requested revisions to the Contractor’s traffic control plan shall be revised and submitted to the Department within 48 hours. This shall include a revised quote, if applicable.

https://ops.fhwa.dot.gov/wz/resources/final_rule.htm https://highways.dot.gov/safety/rwd/reduce-crash-severity

4.10.4. The individual developing the traffic control plan as well as the Contractor’s supervisor must be American Traffic Safety Services Association (A.T.S.S.A.) trained and certified.

The certification must be current and must be valid throughout the duration of the project and life of the contract. The Contractor will provide A.T.S.S.A. certified traffic control technicians for all traffic control activities.

4.10.5. If traffic control is being performed by a Subcontractor, the Contractor shall identify the company on the traffic control plan(s). The traffic control plans shall include the name of the company, address, telephone number, and name of the contact person.

4.10.6. The official report for all traffic control work done shall be recorded on the Daily Work & Traffic Control Activity Report, Exhibit 5 for each day in which traffic control activities are conducted.

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

4.10.8. The Contractor’s traffic control plan shall include a flagging operation when the site is a two-way roadway.

4.10.9. The traffic control pricing items are listed under the items tab in the Arizona

Procurement Portal (APP.) All other items are considered incidental to those items and are not billable. This includes the development of traffic control plans, estimates, and all the necessary work to coordinate the traffic control with the Department and local jurisdictions (when applicable).

4.11. DPS & Law Enforcement Officer and Vehicle Usage

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

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

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

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

(602) 223-2342

(602) 223-2855

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

4.11.6. The only firms (referred to above as Contractor or subcontractor) that can contact DPS and arrange for officer/vehicle coverage are those approved by DPS and have executed an Off-Duty Law Enforcement Officers Agreement. The current list can be obtained by contacting DPS at (602) 223-2342 or (602) 223-2855.

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

4.11.8. The Contractor shall be responsible for ALL scheduling, contacting, and coordination as well as the payment of Off-Duty Uniformed Law Enforcement Officers used on this contract. Acceptance of the Contractor’s request for approval of Off-Duty Uniformed Law Enforcement Officers by the Department shall not be construed as relieving the Contractor of its obligation to contact the law enforcement agency for any changes in scheduling or coordination.

4.12. Reports

4.12.1. The Contractor shall complete the following reports and deliver them to the applicable

Department’s Project Manager. These reports may be modified at any time to meet the needs of the Department.

4.12.2. Daily Work & Traffic Control Activity Report, Exhibit 5, shall be completed daily and delivered weekly to the Department’s Project Manager(s).

4.12.3. The report shall include but not limited to the following:

● Contract name and number

● Date

● Route

● Beginning and ending mileposts

● Names of employees

● Work schedules

● Equipment details

● Pertinent information

● Any accidents or incidents

● Vandalism

● Unusual Occurrences

● Victims, suspects or witnesses information (Name, address, license plate number, physical description, vehicle description)

4.12.4. The Contractor shall immediately notify the Department of any accidents, incidents or unusual occurrences and note them on the Daily Work & Traffic Control Activity Report.

4.12.5. Previous Week’s Completed Work Report, Exhibit 6, shall be completed and delivered weekly to the applicable Department’s Project Manager(s), Jerry James, Steven Moore and Alicia Felix.

4.13. Safety, Sanitary, & Health Conditions

4.13.1. 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.

4.13.2. The Contractor or Subcontractor will designate a capable person as a Safety Supervisor/Leader. This designated person will be responsible for conducting safety meetings, and maintaining job site housekeeping. At least one employee on duty will carry a cell phone with hands-free capability for emergency contact by the Department.

The Contractor shall provide that number to the Department before work begins. The Department shall be notified immediately of any incidents or conditions relative to the public health or safety.

4.13.3. 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.

4.13.4. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities having jurisdiction therein.

4.13.5. At all times while working within the Right-of-Way, Contractor employees shall wear Occupational Safety and Health Administration (OSHA) approved hard hats; high visibility, OSHA approved safety vests (Type III); steel-toed footwear; and full length pants.

4.14. Confined Space Requirements

4.14.1. The Contractor shall comply with all applicable laws and regulations regarding confined spaces and as directed by the Occupational Safety and Health Administration (OSHA).

4.14.2. The Contractor shall measure and record air quality/atmosphere readings of the confined space area prior to and during work operations. The Contractor is responsible to provide any necessary rescue equipment, safety monitoring equipment and Personal Protection Equipment (PPE).

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

4.14.4. The Contractor shall provide a written safety plan addressing the hazards likely to be encountered. The safety plan shall be submitted for review to the Department prior to commencing work. Confined Space Entry procedures for recovery of inspection equipment without personnel entry into the confined space shall be defined in the written safety plan, see Exhibit 7 Safety Plan Requirements.

4.14.5. The Department will not provide safety monitoring equipment.

5. Contractor’s Responsibilities

5.1. The Contractor shall comply with the Social Security Act, Workers’ Compensation laws, and

Unemployment laws of the State of Arizona as well as all State, Local, and Federal legislation, rules and regulations associated with maintenance and construction relevant to the Contractor’s business.

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

5.3. The Contractor shall be responsible for any highway property damaged by work operations.

5.4. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Department and the District Regional Signing and Striping Supervisor immediately. Immediate is considered to be within one (1) hour of occurrence. Damage to delineators shall be repaired within forty-eight (48) hours of occurrence.

5.5. The Contractor and Subcontractor (if applicable), shall be licensed through the Arizona Registrar of Contractors (AZROC) for the type of work to be performed.

5.6. Contractor’s Employees

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

5.6.2. All persons engaged in the performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the Contractor and shall not be leased employees, subcontractors, or independent Contractors. The Department may require verification of the nature of employment of the employees.

This requirement is not intended to preclude the Contractor’s use of subcontractors for specialty services.

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

5.6.4. All Contractors’ employees shall take the 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.

5.6.5. Due to the nature of work performed, the Contractor’s employees, in a particular sense, will represent the State to the motoring public. Employees shall treat motorists in a friendly, courteous manner. Employees should keep well informed on local road conditions, detours, points of interest, and services available, but shall refrain from recommending any retail service over another.

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

5.6.7. Parking of employees’ personal vehicles within the Right-of-Way is prohibited.

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

5.6.9. 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.

5.7. Language Requirement

5.7.1. The Contractor’s On-Site Supervisor and additional personnel as deemed necessary by the Department must be literate and fluent in the English language. This is not meant to require that all Contractor’s personnel speak, read, and write English.

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

● Warnings of emergencies and hazards

● Preparation of reports

● Communication with Department personnel

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

5.8. Supervision

5.8.1. An On-Site Supervisor (Supervisor) shall be in the work area at all times when work operations are taking place. The Supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Department’s Project Manager in making on-site inspections and in coordinating other operational requirements. The Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses and certifications, traffic control plans, devices, and services required under this contract.

5.8.2. A copy of this contract and any amendments thereto shall be in the possession of the Supervisor at all times when performing work under this service contract.

5.9. Communication

5.9.1. The Supervisor shall possess a means of communications with the Department in advance of and while performing any work under this contract. This form of communication may be cellular telephone with hands-free capability, at no cost to the Department. If the work location is within an area that is known to not receive cellular signal, communication shall be agreed upon by the Supervisor and the Department.

5.9.2. The Contractor shall provide the Department with names and telephone numbers of all supervisory personnel who will oversee this contract. The supervisory personnel shall assist the Department in coordinating operational requirements.

5.10. Removal of Contractor’s Employees

5.10.1. 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 Departments.

6. Department’s Responsibilities

6.1. Acts of Nature

6.1.1. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure of the roadway is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

6.2. Work Acceptance

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

6.2.2. The Department shall verify all work is completed in a responsible and professional manner and in accordance with the specifications, schedules, performances, and operating standards, which are incorporated in the work assignment.

6.3. Task Assignments

6.3.1. The Department will include the information necessary to propose on Task Assignments.

Typical information in a Task Assignment includes: statement of need, project objectives, Department’s Project Manager, and scheduling. If a site visit is required, it shall be indicated on the Task Assignment, along with the site visit details.

6.4. Suspension Of Work

6.4.1. The Department shall suspend operations at any time, when in their judgment, present or impending weather conditions, or road and traffic conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose an environmental hazard.

6.4.2. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

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

6.5. Inspection

6.5.1. The Department shall perform periodic inspections to ascertain Contractor’s compliance with contract requirements. The Department reserves the right to inspect equipment at any time and require the replacement of any equipment that does not meet minimum serviceability and safety standards.

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 – N/A

7. DELIVERY – N/A

8. INVOICING and PAYMENT

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

● Department Location’s Name and Address

● Vendor Name, Remit to Address and Contact Information

● Contract Number

● Purchase Order Number

● Invoice Number and Date

● Date the items were shipped to the Department

● Contract Line Item Number

● Line Item Description or Item or Service

● Quantity Purchased

● Line Item Unit of Measure

● Price per Unit and Total per Unit

● Catalog or Other Discount (if applicable)

● Net Unit Price and Total per Unit (if applicable)

● Applicable taxes

● Applicable Shipping/Freight Charges

● Total Invoice Amount Due

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

The Department will make every effort to process payment 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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

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.

14. 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.

15. 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.

16. 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."

17. INDEMNIFICATION CLAUSE

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

18. 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.

Minimum Scope and Limits of Insurance

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

● Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad from 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,…