CTR068583_Contract_Documents.pdf

Procurement

ATTACHMENT 1

OFFER AND ACCEPTANCE

Solicitation No: BPM005738 Available online at https://app.az.gov

Rev 09/2022

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

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

Address Printed Name Date

City State Zip Title

Email Address Phone Number

Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number _________________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date

URETEK USA, Inc.

PO Box 1929 Edward Hibbard 11/02/2023

Tomball TX 77377 President ehibbard@uretekusa.com 281-351-7800 compliance@uretekusa.com 281-351-0884

DocuSign Envelope ID: 76B238DD-A19C-40C1-8159-7EB8C6C79621

11/13/2023

November13

CTR068583

Rev. 05/2023

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM005738

DESCRIPTION: Pavement Raising and Under Seal 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. §41-2533 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.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM005738 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 21

Uniform Terms and Conditions 31

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 48

2 - Title VI/Non-Discrimination Assurances Appendix E 49

3 – Work Location Map 50

4 – Task Assignment 51

5 - Daily Work Report 53

6 – Quarterly Usage Report 55

7 – Vendor Performance Report 56

8 – Safety Program Plan Requirements 57

9 – Road Closure Guidelines – Central District - Attached in APP

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 Concrete and Asphalt Pavement Raising, Deep Soil Stabilization, and Under Seal Services in various locations across Arizona.

2. Introduction and Background

2.1. The Department intends to establish an as-needed, “On-Call” term contract to provide pavement raising, deep soil stabilization and under seal services, utilizing structural high-density polyurethane applied to the Department’s assets located statewide throughout the Department Maintenance Districts.

3. General Requirements

3.1. Work Locations

3.1.1. The service area includes various locations within the Northeast, Southeast, Central, North

Central, South Central, Northwest and Southwest Maintenance Districts. Refer to Work Location Map, Exhibit 3.

3.1.2. 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.

3.1.3. 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.

3.1.4. 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.

3.1.5. 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:

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

3.2. Work Details

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

3.2.1. The Contractor shall furnish all labor, tools, equipment, materials, supplies and mobilization required to effectively perform the required services in accordance with the specifications described herein. All travel time or mileage is the responsibility of the Contractor.

3.2.2. The work to be performed under this contract will be defined on a project by project basis through a Task Assignment, Exhibit 4.

3.2.3. Work consists of lifting concrete and asphalt pavements by injecting expanding polyurethane foam below the pavement in order to lift the pavement to the specified grade and structural reinforcement and/or water stop sealing of above grade and below grade structures.

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

3.2.5. The Contractor shall be responsible for contacting AZ 811, U.S. Forest Service, oversized vehicle, or other entity, for obtaining all necessary guidelines, clearances and permits prior to beginning any work.

3.2.6. The materials furnished and installed along, with all other work performed under this contract, shall conform to all applicable State, Federal and local requirements. These include the Arizona Supplement to the Manual on Uniform Traffic Control Devices (MUTCD), and ADOT Traffic Control Design Guidelines, current edition, including errata and addenda. Refer to the following links:

Standard Specifications – The Department’s Standard Specifications for Road and Bridge Construction, current edition including errata, and addenda, and Stored Specifications.

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

FHWA – Federal Highway Administration. https://www.fhwa.dot.gov/

AASHTO – American Association of State Highway and Transportation Officials.

http://www.aashto.org/

Traffic Guidelines and Processes (TGP) – https://azdot.gov/business/engineering-and-construction/traffic/guidelines-and-processes

ASTM – American Society of Testing Materials standards is available per link:

http://www.astm.org/

ATSSA – American Traffic Safety Service Association. https://www.atssa.com/

Manufacturers' specifications/recommendations (as applicable)

AZ 811 (http://www.arizona811.com)

3.3. Call Out Notification

3.3.1. The Department shall notify the Contractors by phone or email when a repair is needed and issue a Task Assignment, advising the Contractors of the work location, the extent of the repairs and/or replacement required, and the Task Assignment Due Date and Time.

https://app.az.gov/ https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list https://www.fhwa.dot.gov/ http://www.aashto.org/ http://www.azdot.gov/business/engineering-andconstruction/ http://www.azdot.gov/business/engineering-andconstruction/ https://azdot.gov/business/engineering-and-construction/traffic/guidelines-and-processes http://www.astm.org/ https://www.atssa.com/ http://www.arizona811.com/

3.3.2. Task Assignment - Routine

3.3.3. The Contractor shall respond to Task Assignments within five (5) working days after receipt. The Contractor shall provide the Department with a proposed work schedule, anticipated start and completion date, required equipment, supplies and cost to perform the service requested on the Task Assignment.

3.3.4. 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 Project Manager.

3.3.5. Verbal discussions regarding work requirements shall not be construed as a PO.

Discussions regarding work to be performed will be confirmed by the Department with a written PO.

3.3.6. Task Assignment – Emergency

3.3.7. The Contractor shall respond to an Emergency Task Assignment by dispatching the nearest work crew, required equipment and materials within 24-hours of notification by the Department. The Contractor shall notify the Department of the estimated time of crews’ arrival.

3.3.8. 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, unless otherwise directed by the Department. Emergency work shall be indicated on the Task Assignment.

3.3.9. The Department will provide detailed location, condition assessment, and route information to assist the Contractor in expediting the dispatch of crew and equipment to the work location.

3.3.10. For the purpose of this section, an emergency exists but is not limited to road closure due to concrete pavement failure, including bridge approach slabs, is imminent.

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

3.3.12. 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.

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

4. Specific Requirements

4.1. Pavement Raising

4.1.1. The work consists of all labor, tools, equipment, materials, supplies and incidentals necessary to effectively perform the required services for:

4.1.2. Void fill, stabilization and densification of the deep bearing soils and base courses supporting concrete (Portland Cement Concrete Pavement - PCCP) and asphalt (Asphalt Concrete - AC) pavements. Expanding urethane shall be injected into the soils on (4’) approximate horizontal and (4’) approximate vertical centers to form a continuous urethane grout matrix within the soils. The urethane shall be injected at each injection point until measurable surface vertical displacement is indicated (normally 1/8” or less).

4.1.3. Lifting concrete and asphalt pavements. Once the deep soils stabilization and densification is accomplished, expanding polyurethane foam shall be injected, as needed, below the pavement in order to lift the pavement to the specified grade and structural reinforcement and/or water stop sealing of above grade and below grade structures. Specified grade shall be monitored by use of laser level or string line.

4.1.4. At the Department’s discretion, if ADOT Geotechnical Services and the District determine that an injection depth of greater than ten (10) feet is mandated, they will coordinate with the Contractor to establish depth specifications and monitor the injection process.

4.1.5. The above listed processes shall utilize expanding structural high-density polyurethane and will be applied to the Department’s assets located along state and interstate highways.

4.1.6. At the Department’s direction the Contractor shall use a robotic inspection crawler closed circuit television (CCTV) camera prior to and during pavement raising or deep soil injection work. The camera shall have “live feed” capability to inspect for any obstructions or pipes prior to work.

4.2. Construction Requirement – Placement

4.2.1. Injection holes shall be five-eighths inch (5/8”) diameter. Holes shall be drilled at approximately six (6) to eight (8) foot intervals throughout the concrete. Injection holes for Asphaltic Concrete will require site specific spacing depending on the thickness of Asphaltic Concrete.

4.2.2. The Contractor shall determine exact injection hole locations.

4.2.3. The amount of pavement rise shall be controlled by measuring the rate of injection of the high-density two component polyurethane materials through the pumping unit.

4.2.4. After the nozzle is removed from the injection hole, any excess polyurethane material shall be removed from the area and the hole sealed with a non-expansive cement grout.

4.2.5. The polyurethane formulation shall reach 90-percent of full compressive strength within 15 minutes from injection.

4.3. Construction Requirement – Pavement Movement

4.3.1. The Contractor shall monitor Portland Cement Concrete Pavement (PCCP) and Asphaltic

Concrete (AC) by means of a laser leveling unit for pavement slabs longer than 50 feet.

4.3.2. Pavement slabs less than 50 feet in length may be monitored by use of tight string lines.

4.4. Saw Cutting

4.4.1. When required, the Contractor shall be responsible to saw cut the concrete pavement slab as directed by the Department.

4.4.2. The Contractor shall perform saw cutting operations in a manner that shall prevent excess water from standing on the subgrade.

4.4.3. All saw cut locations shall be pre-approved by the Department.

4.4.4. Saw cuts shall be cleaned by a process not prohibited by environmental regulations.

4.4.5. Saw cuts shall be sealed by a method approved by the Department, either with the injected polyurethane material or use of a silicone joint sealant meeting the requirements of Section 1011-8 of the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction current Edition, including errata, and addenda.

4.5. Materials – High Density Polyurethane Properties

Property Test Results

Density, lbs./cu. ft. ASTM D-1622 3.0 – 5.0

Compressive Strength, psi (min.) ASTM D-1621 60

Tensile Strength, psi (min.) ASTM D-1623 90

Shear Strength, psi (min.) ASTM C-273 45

Flexural Strength, psi (min.) ASTM D-790 90

Closed Cell content (%) ASTM D-1940 +85

American Society for Testing and Materials (ASTM) Test Methods;

4.6. The Department reserves the right to perform or cause to be performed, field tests to determine quality and suitability of materials incorporated into the work.

4.7. Certificate of Analysis

4.7.1. A Certificate of Analysis shall be provided within five (5) days of request, according to the specifications.

4.7.2. The Certificate shall include the results of all tests performed and shall be signed by a person having legal authority to bind the manufacturer or supplier.

4.7.3. The Certificate shall meet all of the requirements set forth in Section 106.05 of the Arizona Department of Transportation Standard Specifications, including errata, and addenda.

4.8. Corrective Re-Work

4.8.1. The Contractor shall rework any unacceptable repairs and provide traffic control, if necessary, at no cost to the Department. Repairs shall be accomplished in a professional manner.

4.8.2. The Contractor shall continuously monitor longitudinal and vertical alignment of existing parapet and other walls and shall be responsible for movement, disturbance, and other damage resulting from the placement operation.

4.8.3. Blowouts, excessive lifting, and/or uneven pavement, not meeting the Department’s specified grade for the project, that cause ponding, as a result of the raising operations, shall be repaired by the Contractor at no additional cost, to the satisfaction of the Department Representative.

4.8.4. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and the need for corrective rework. If deficiencies are noted, a copy of the completed Vendor Performance Report, Exhibit 7, will be forwarded to the Procurement Officer and a copy will be furnished to the Contractor.

4.9. Work Schedule

4.9.1. 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.

4.9.2. Work shall be performed during the days and hours as coordinated with the Project Manager. No work shall be performed outside of these days and times unless otherwise approved by the Department. No work shall be performed on State holidays without prior written approval from the Department.

4.9.3. The schedule shall be defined and approved prior to commencement of work, however, the Department reserves the right to make adjustments to the schedule at any time in order to avoid conflict with highway construction or maintenance operations, or to better serve the Department’s needs.

4.9.4. Once the schedule has been approved, any significant changes shall be submitted in writing to the Department and shall be accompanied by a proposed revised schedule.

Upon approval by the Department, the Contractor shall implement the revised schedule.

4.9.5. 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.

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

4.9.7. All scheduled work not completed during the week scheduled shall be reported to the Project Manager in writing on the first workday of the following week. The report shall include an explanation of why the work was not completed and plans for getting the work back on schedule.

4.10. Equipment

4.10.1. The Contractor shall provide and maintain equipment sufficient in number, operational condition and capacity to efficiently perform the work and render the services required by this contract during the entire term of this contract. This includes sufficient “back up” equipment to provide uninterrupted service when equipment breakdown occurs.

4.10.2. 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.

4.10.3. All vehicles must be maintained in good repair, appearance, and sanitary conditions at all times. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment and at the cost of the Contractor.

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

4.10.5. 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.

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

4.10.7. 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.

4.10.8. The Contractor shall provide a pumping unit capable of injection the structure high density polyurethane formulation under the rigid payment section and capable of controlling the rate of rise of the pavement during injection operations.

4.10.9. The Contractor shall provide a pneumatic drill capable of drilling holes in reinforced Portland Cement Concrete and Asphalt pavement to a maximum depth to be determined by the deep soil stabilization and pavement lifting requirements. It is anticipated that most injection holes will be one (1) to twelve (12) feet in depth.

4.10.10. A laser-leveling unit shall be provided by the Contractor when raising pavement slabs over 50 feet in length. Roadway pavement slabs less than 50 feet may be monitored with a tight string line.

4.11. Brand Name Or Equal

4.11.1. This is a Brand Name or Equivalent Specification, as set forth under, Arizona Procurement Code A.A.C. R2-7-403C and R2-7-C301C (2.b.). Brand names are listed for the sole purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition. When the specification calls for “Brand Name or Equivalent”, the brand name product is acceptable. Technical specifications define the minimum acceptable standard.

4.11.2. The Department has determined that the following manufacturers of polyurethane materials that can effectively meet specified requirements in planned applications:

Alchemy | Spectec – AP Lift 440

Quik-Shield | 232 – Slab-Jacking Foam

De Neef – Dene-Lift 400

Uretek 486 – High Density Polyurethane

NCFI – TerraThane™ Polyurethanes

4.12. Maintenance & Protection Of Traffic Control

4.12.1. If requested by the Department, 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/lis ting.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:

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://azdot.gov/sites/default/files/20 19/09/TrafficControlDesignGuidelines2019.pdf

American Traffic Safety Services Association:

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 https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf

Road Closure Guidelines – Central District: Exhibit 9

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

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

4.12.4. 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.

4.12.5. 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.

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

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

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

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

4.12.10. 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.

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

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

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

4.12.14. 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

4.12.15. 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.

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

4.13. Traffic Control Plans

4.13.1. If requested, the Contractor shall provide the Department with a traffic control plan for each location along with a detailed schedule showing the work activities and duration and submit them to the Department 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.

4.13.2. 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.

4.13.3. 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.

4.13.4. 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.

4.13.5. 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.

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

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

4.13.8. 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).

4.14. DPS & Law Enforcement Officer And Vehicle Usage

4.14.1. 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.

4.14.2. 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.

4.14.3. 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.

4.14.4. 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

4.14.5. 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.

4.14.6. 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.

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

4.14.8. 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.

4.15. Mobilization

4.15.1. 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.

4.15.2. 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.

4.15.3. 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.

4.16. Reports

4.16.1. The Contractor shall prepare a Daily Work & Traffic Control Activity Report and other reports as required and deliver them daily to the Project Manager. Reports may be modified at any time to meet the needs of the Department.

4.16.2. Daily Work & Traffic Control Activity Report shall be completed daily and delivered weekly to the Project Manager(s).

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)

4.16.3. 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.

4.17. Safety, Sanitary, & Health Conditions

4.17.1. All employees working on this contract will be required to wear OSHA approved hard hats, OSHA approved high visibility safety vests, steel toed footwear and full-length pants at all times while working within the Right-of-Way.

4.17.2. The Contractor shall provide and maintain 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 Arizona State Department of Health Services or other authorities having jurisdiction therein.

4.17.3. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health and safety. The Project Manager shall be notified immediately of any incident or conditions relative to public health and safety.

5. Contractor’s Responsibilities

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

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

5.2. The Contractor shall cooperate fully with the Department, Arizona counties, municipalities, and local government officials, and all such others as may be required in the performance of this Contract. This shall include attendance at meetings, discussions, and hearings, as may be required;

presentation of data, as may be requested from time to time by the Department to effect such cooperation; and compliance with all directives issued by the Department.

5.3. If a discrepancy arises between the ADOT Standard Specifications and the specifications within this contract, then the Department shall provide direction or clarification.

5.4. 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.

5.5. 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.

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

5.7. The Contractor shall be responsible for contacting AZ 811, oversized vehicle, or other entity, for obtaining all necessary guidelines, clearances and permits prior to beginning work.

5.8. Parking of employees’ personal vehicles within the Right-of-Way will not be permitted at any time.

5.9. Employees are required to comply with Arizona Revised Statute (A.R.S.) §28-731, that prohibits driving over, across, or within a highway median.

5.10. The Contractor and Contractor’s employees are strictly prohibited from operating or advertising any commercial enterprise or activity on any premises which 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.

5.11. Contractor’s Employees

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

5.11.2. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the Contractor and shall not be leased employees, subcontractors, or independent contractors.

5.11.3. The Department may require verification of the nature of employment of the employees.

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

5.11.4. All of the Contractor’s employees shall be in compliance with all Occupational Safety and Health Administration (OSHA) and other State, Federal, local regulatory agency requirements.

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

5.11.6. Due to the nature of the work performed, Contractor 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.

5.11.7. All of the Contractor’s employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring.

5.11.8. The Contractor shall ensure all of its employees are properly licensed to operate contractor’s equipment and are properly trained in its use.

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

5.12. Language Requirement

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

5.12.1. 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.

5.13. Supervision

5.13.1. An On-Site Supervisor shall be in the work area at all times when work operations are taking place. The On-Site Supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Project Manager in making on-site inspections and in coordinating other operational requirements.

5.13.2. The Contractor’s On-Site Supervisor shall possess a means of communications with the Project Manager at all times. This form of communications may be by cellular phone with hands free capabilities or mobile radio. The cost of cellular or mobile radio shall be the responsibility of the Contractor.

5.13.3. If the work location is within an area that is known to not receive cellular signal, communication shall be agreed upon by the On-Site Supervisor and the Department.

5.13.4. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks including required licenses and certifications, devices, and services required under this contract.

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

5.14. Removal of Contractor’s Employees

5.14.1. 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 Department.

6. Department’s Responsibilities

6.1. Acts of Nature

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

6.2. Inspection

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

6.3. Work Acceptance

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

6.4. Suspension Of Work

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

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

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

6.5. Work Commencement Meeting

6.5.1. Prior to the start in each district, the Department will arrange a meeting with the Contractor to discuss operational plans for execution of the contracted work. At this meeting, the Contractor shall submit the following:

6.5.1.1. Personnel List – The Contractor shall provide the Department with a personnel list to include the following: names and contact numbers of personnel with their respective scheduled work days, daily work hours, and days off. The list shall contain the name of the Supervisor who will oversee the work and their phone number.

6.5.1.2. Work Schedule – Prior to the start of each Task Assignment Request, the Contractor shall provide the Department with a final work schedule as detailed in the Specifications, Section 4.9, Work Schedule.

6.5.1.3. Safety Plan – The Contractor shall provide the Department with a copy of the safety plan prior to the commencement of work.

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.

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 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.

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…