CTR069182_Contract_Documents.pdf

Procurement

ATTACHMENT 1

OFFER AND ACCEPTANCE

Solicitation No: BPM005751 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

American Road Maintenance

4554 E Eco Industrial Pl

Tucson AZ 85756 kyle@armwestcoast.com joe@armwestcoast.com

Kyle Paulson 11/29/23

Officer

480-309-7102

815-301-3072

DocuSign Envelope ID: A0042A86-0D7D-4D75-8DF4-C8BD133BEB43

12/20/2023

20 23December

CTR069182

Rev. 05/2023

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM005751

DESCRIPTION: Airport Pavement Management System (APMS) Construction at 14 Airports

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: BPM005751 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 11

Uniform Terms and Conditions 24

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 41

2 - Title VI/Non-Discrimination Assurances Appendix E 42

3 - Work Detail 43

4 – Payment Bond 48

5 – Performance Bond 49

6 – Safety Program Plan Requirements 50

7 – Asbestos Statement 51

8 – Daily Work Report 52

9 – Subcontractor Questionnaire 53

10 – Application and certificate of Payment – ADOT APMS Program 54

11 – MPD Billing Summary and Reimbursement Form 55

12 – General Provisions (Division I) -Attached in APP-

13 – Plans & Special Provisions (Division II) -Attached in APP-

14 – Technical Provisions (Division III) -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 Airport Pavement Management Systems (APMS) Program construction & Maintenance Services at 14 airports in Arizona.

2. Introduction and Background

2.1. The Department seeks to promote safe airport operations and to ensure all types, kinds, and classes of aeronautical use exists to the benefit of the public. The Airport Pavement Management Systems (APMS) program aids with maintaining airport facilities across the State and aligns with the vision of the Aeronautics Group to provide an airport system that accommodates demand, supports economic and transportation needs, and maximizes funding resources.

2.2. Definitions

Department Arizona Department of Transportation (ADOT), Multimodal Planning Division (MPD) - Aeronautics Group

Contract Administrator MPD Contracts Program Manager.

Contract Administrator's Representative

Person delegated responsibility for administration of portions of, or the entire contract by the Contract Administrator.

Department’s Representative

Individual delegated responsibility to manage the construction projects under this Contract. This may be an ADOT employee or a contracted Construction Manager.

On-Site Supervisor

Contractor's employee or other individual authorized to direct, oversee, or perform work operations and shall have authority to make day to day decisions concerning the work operations.

Note: The QA/QC supervisor does not have to be on-site full time, but shall be available for all questions and must be able to be on-site within four (4)hours after being notified of a problem.

Airport Representative The duly authorized representative of an airport who is responsible for airport operations, safety, and management.

MUTCD

Manual on Uniform Traffic Control Devices, 2009 Edition and in particular, Part VI Standards and Guides for traffic controls for Street and Highway Construction, Maintenance, Utility, and Incident Management Operations,as revised, including future revisions.

3. General Requirements

3.1. The Contractor shall follow all Airport and FAA rules and regulations and comply with the minimum requirements for construction activity on airports.

3.2. The Contractor shall furnish all necessary labor, tools, equipment, mobilization, materials, supplies, and traffic control services and devices, necessary to effectively perform the required services in accordance with the provided specifications and plans.

3.3. The Contractor shall perform greater than 51% of the work assigned. The volume of work performed by Subcontractors shall not exceed 49% of the total awarded for each Airport location unless waived by the Department.

3.4. All work is on active airports and airfield safety shall be of primary consideration when putting together the bid package.

3.5. Work Included & Locations

3.5.1. See Exhibit 3-Work Details.

3.5.2. Base Bid: The Base Bid includes Technical Provisions, Plans & Special Provisions.

3.5.3. Alternate Bid: The Bidder shall propose the amount to be ADDED on the Bid Form in the place indicated. Amount shall be all-inclusive of Alternate’s Technical Provisions, Plans & Special Provisions.

4. Specific Requirements

4.1. Work Details

4.1.1. The work shall conform to the requirements of the General Provisions (Division I), the Special Provisions (Division II), the Technical Provisions (Division III), Project Plans and the other Requirements which are a part of these specifications. All Provisions can be found in the solicitation documents in the Arizona Procurement Portal (APP).

4.1.2. For airports with multiple projects, the Contractor shall bid for all projects at an airport;

the Contractor cannot break bids up by the list of individual projects. See Exhibit 3, Work Detail, for the list of projects.

4.2. Project Completion Requirements

4.2.1. Construction timelines are listed in Exhibit 3 from the date of commencement of construction. The Contractor shall complete all awarded Airport projects under this Contract with final closeout within one (1) calendar year from commencement of construction. The Contractor shall submit a project timeline and schedule that details all work to be completed under the contract per the time specified. All projects shall be scheduled and completed as soon as feasible upon receiving Notice to Proceed, with consideration of weather and airport operations.

4.3. Work Schedule

4.3.1. The Contractor shall provide the Department with a work schedule and an estimated start work date and work completion date prior to beginning an assignment of work. The Contractor shall examine any special Project Phasing and Special Work Hours mentioned in the Special Provisions (Division II) that may be denoted in the Construction Plans prior to completing the bid. See Exhibit 3, Work Detail.

4.3.2. If not specifically defined in the Construction Plans, all work activities shall be performed only during daylight hours, Monday through Friday, excluding official State Holidays, unless otherwise approved by the Department.

4.3.3. Significant changes in the Contractor's schedule must be submitted in writing to the

Department’s Representative and shall be accompanied by a proposed revised schedule.

Upon written approval by the Department, the Contractor may implement the revised schedule.

4.3.4. 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. 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.

4.4. Maintenance & Protection of Traffic

4.4.1. All traffic control shall be maintained through the work area and protected in accordance with the requirements of the Special Provisions in these specifications.

4.4.2. These specifications address only minimum standards for traffic control. If any conditions exist, which in the judgment of the Department or Department’s Representative that requires additional or special traffic control methods or signing, such traffic control shall be supplied by the Contractor at no additional cost to the Department. All traffic control and traffic control devices shall be furnished by the Contractor and must be in place prior to the commencement of work.

4.4.3. The Contractor shall provide a traffic control plan for each location along with a detailed schedule showing the work activities and duration for approval by the Department. Work shall not begin until traffic control has been established according to the approved plan.

Any changes to the accepted Traffic Control Plan must be submitted forty-eight (48) hours in advance of scheduled work operations (weekends and holidays excluded).

4.5. Safety, Sanitary & Health Conditions

4.5.1. Contract specifications require all Contractor employees to wear OSHA approved hard hats, high-visibility OSHA approved safety vests, steel-toed footwear, and full-length pants at all times while working within the project areas.

4.5.2. 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.

4.5.3. 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 or safety.

4.6. Equipment

4.6.1. 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.

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

4.6.3. Vehicles used on this project shall be equipped with amber rotating beacons or strobe lights or airport flags. Rotating amber beacon lights shall be equal to code three, 6105 rectangular and/or 550 round for uniformity. All equipment shall be equipped with a backup alarm.

4.7. Suspension of Work

4.7.1. The Contractor shall suspend operations if weather or airport 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 Contract Administrator or their designated representative.

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

4.7.3. The Department or Department Representative 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.

4.8. Brand Name of Equivalent:

4.8.1. There are currently a number of products that have been determined, through evaluation and/or testing, to be equivalent to the requirements of these specifications. The listing of these brands is not intended to limit or restrict competition. Rather, it is to set the standard quality, design, performance and characteristics of the products herein specified.

Any bid which proposes products that are of equal quality, type of material, design and performance will be considered if sufficient evidence and information is given to establish it as an equal, and the Department determines the product to be an equal to the named brand and these specifications.

4.8.2. A listing of the products which have performed acceptably and meet FAA standards are as follows:

Asphalt Systems, Inc. (ASI)

GSB-88

Crafco Roadsaver 221 or 201 or approved equivalent

Maxwell Maxwell ElastoFlex 650 or approved equivalent

PavePrep Stress Relief Interlayer or approved equivalent

Round-Up Pro Post-emergent herbicide with a surfactant approved equivalent

Trillin Pre-emergent herbicide or approved equal

5. Contractor’s Responsibilities

5.1. Invoices shall be submitted using the provided MPD Billing Summary and Reimbursement (BSR) form in such a way that payment may be completed no more than monthly and no less than quarterly. The MPD Billing Summary and Reimbursement Request Form (BSR) [Exhibit 11] must be used to submit invoicing.

5.2. The BSR Billing Report must be completed in its entirety and must be signed. A single PDF package, assembled in the order with the Billing Report as the first page in landscape format, followed by all required forms of the BSR and then with all other support documentation, and named according to the file naming convention: {AgencyName INVxxxx MPD0NNN-YY DateSubmitted.pdf} shall be submitted to MPDInvoice@azdot.gov.

5.3. Contractor Requirements

5.3.1. The Contractor shall carry on their operations in such a manner that damage is not inflicted to existing grounds, utilities, Navaids, lights, signs, or other structures. The Contractor shall repair or replace any airport property damaged by work operations at their own expense and as directed by the Department. If the damage has to be repaired or replaced by the Department, the cost of such work shall be deducted from the contractor's final payment. Charges for work performed by the Department shall be at the then-current ADOT rate for labor, materials and equipment. No payment shall be made to the Contractor until all damage has been repaired or replaced.

5.3.2. The Contractor and Contractor's employees are strictly prohibited from operating or advertising any commercial enterprise or activity on any premises that are the subject of this contract, except as may be provided under other contracts to which the Department is a signatory, per ARS § 28-7053.

5.4. Contractor's Employees

5.4.1. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the contractor and shall not be leased employees, sub-contractors, or independent contractors. The Department may require verification of the nature of employment of the employees. This requirement is not intended to preclude the use of sub-contractors for specialty services such as traffic control services.

5.4.2. The Contractor shall provide mentally alert, physically fit, adequately trained and qualified employees to ensure contracted services progress in a safe, orderly and timely manner.

5.4.3. Contractor employees and other individuals are prohibited from having firearms or weapons in their possession while on duty or performing the contracted services as stated herein.

5.5. Supervision

5.5.1. 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 Department's Representative in making on-site inspections and in coordinating other operational requirements. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses and certifications, traffic control plans, devices, services, and safety required under this contract. The On-Site Supervisor shall also possess a copy of this contract and any amendments thereto when performing work under any resultant contract.

5.5.2. The On-Site Supervisor shall possess a means of communications with the Department or the Department’s Representative in advance of and while performing any work under this contract. This form of communication may be cellular telephone or mobile radio.

5.5.3. The On-Site Supervisor shall be certified in First Aid and Cardio-Pulmonary Resuscitation (CPR). OSHA Regulations, (Standards 29 CFR), First Aid and Medical attention. Code of

Federal Regulations, 29 §§CFR 1926.23 and 1926.50(c). Verification of these shall be provided with the Contractor’s Safety Plan (Exhibit 6) at the time of award.

5.6. Language Requirement

5.6.1. The Contractor's On-Site Supervisor and any workers required to interact with the public, such as Flaggers, must be literate and fluent in the English language. This is not meant to require that all Contractor personnel speak, read and write English. Some tasks may require only the on-site supervisor, crew leader or a crewmember to speak, read and write English. This requirement is necessary due to the following reasons that include, but are not limited to:

5.6.1.1. Warnings and emergencies and hazards

5.6.1.2. Preparation of reports

5.6.1.3. Communication with Department personnel

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

5.7. Reports

5.7.1. The Contractor shall prepare a Daily Work Report, Exhibit 8, and other reports as required, and deliver them to the Department. These reports may be modified at any time to meet the needs of the Department.

5.7.2. The Daily Work Report, Exhibit 8, shall include, but is not limited to, the following: date, beginning and ending site locations, names of employees, work schedules, truck(s) identification number, and the total number of tonnage per day.

5.7.3. Details of unusual activity or occurrences (accidents, vandalism, lost and found articles, etc.) that take place at the work site shall also be documented in the report. This information may include: name, address, physical description, age, license plate number, vehicle descriptions, etc., of victims, suspects and witnesses. Additional information may include circumstances, time, location, etc., regarding the situation. This requirement does not remove nor relieve parties from filing police report(s) for any incidents described above.

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.

6.3. Work Acceptance

6.3.1. The Department or Department’s Representative shall decide all questions, which may arise as to the quality and acceptability of any work performed under the contract. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards, which are incorporated in the work assignment.

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 fifteen months (15) 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 three (3) 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 – NA

7. DELIVERY – NA

8. INSPECTION AND ACCEPTANCE - NA

9. INVOICING REQUIREMENTS

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item 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.

10. ESTIMATED USAGE

The Department anticipates considerable usage under this contract. The Department reserves the right to increase or decrease actual quantities ordered as circumstances may require. No guarantees are made concerning actual purchases under this contract.

11. PRICE REDUCTION

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

12. PRICE ADJUSTMENT

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.

A Bituminous price adjustment may be considered per General Provisions (Division I), Section 91.

13. 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.

14. SAFETY STANDARDS

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

15. WARRANTY

The Contractor warrants:

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

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

3. The warranty period on workmanship and materials shall be based on a minimum of twelve (12) months from the time of acceptance by the Department.

16. CURRENT PRODUCTS

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

17. PRODUCT DISCONTINUANCE

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

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

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

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

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

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

18. 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 1739 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.

19. 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."

22. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work and shall promptly make all necessary revisions or corrections resulting from errors and omissions on the part of the Contractor without additional compensation. Acceptance of the work by the Department will not relieve the Contractor of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities.

20. INDEMNIFICATION

To the extent allowed 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 the 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.

21. INSURANCE REQUIREMENTS:

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

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

1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability. Policy must be endorsed to include airports.

● General Aggregate $5,000,000

● Products – Completed Operations Aggregate $5,000,000

● Personal and Advertising Injury $5,000,000

● Damage to Rented Premises $ 50,000

● Each Occurrence $5,000,000

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract. Policy must be endorsed to include airports.

● Combined Single Limit (CSL) $5,000,000

If the contract involves the transportation of hazardous materials, the automobile liability policy shall include the following endorsement:

CA 99 48 Pollution Liability-broadened coverage for covered autos

MCS-90 (Motor Carrier Act) endorsements

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

c. Policy shall contain a severability of interest provision.

3. Worker's Compensation and Employers' Liability

● Workers' Compensation Statutory

● Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” for losses arising from work performed by or on behalf of the Contractor.

b. This requirement shall not apply to: Separately, EACH contractor or subcontractors exempt under A.R.S. § 23-901, and when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

4. Contractors Pollution Liability

For losses caused by pollution conditions that arise from the operations of the Contractor as described in the Scope of Services section of this Contract.

● Per Occurrence $1,000,000

● General Aggregate $2,000,000

a. Coverage must be identified specific to the operations as described in the Scope of Services in this Contract.

b. Must include coverage for pollution losses arising out of completed operations.

c. Pollution coverage must apply to all locations utilized for the acceptance, storage, or disposal of any hazardous materials.

d. The policy is to be written on an “occurrence” basis with no sunset clause. In the event that the Pollution Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract. That either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of ten (10) years beginning at the time this Contract is terminated.

e. Pollution coverage must apply to all phases of the work described in the Scope of Services in this Contract.

f. The policy shall include coverage for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death and medical monitoring costs.

g. The policy shall include coverage for property damage, and physical damage to, or destruction of, tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed including diminution in value.

h. For losses that arise from the facility, coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gasses, waste materials or other irritants, contaminants or pollutants, into or upon land, atmosphere, or any watercourse or body of water which results in cleanup costs, bodily injury or property damage.

i. The policy shall include coverage for environmental damage including physical damage to soil, surface water, ground water, plant, or animal life, caused by pollution conditions and giving rise to cleanup costs.

j. The policy shall include defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages.

k. The policy shall include coverage for asbestos and lead, mold, with no exclusions.

l. The policy shall include Non-Owned Disposal Site coverage.

m. 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.

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

Additional Insurance Requirements

The policies shall include, or be endorsed (Blanket Endorsements are not acceptable) to include, the following provisions:

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

Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

Notice Of Cancellation

With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department) and shall be sent by certified mail, return receipt requested.

Acceptability Of Insurers

Contractors insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements (Blanket Endorsements are not acceptable) are to be received and approved by the State of Arizona before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

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

Subcontractors

Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

Approval

Any modification or variation from the insurance requirements in this Contract shall be made by the contracting agency in consultation with the Department of Administration, Risk Management Division.

Such action will not require a formal Contract amendment, but may be made by administrative action.

Exceptions

In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

23. CONTRACT ORDER of PRECEDENCE

In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

● Special Terms and Conditions;

● Uniform Terms and Conditions;

● Statement or Scope of Work;

● Specifications;

● Attachments;

● Exhibits;

Documents referenced or included in the Solicitation:

● General Provisions (Division I);

● Special Provisions (Division II);

● Technical Provisions (Division III);

● Technical Plans;

● FAA Advisory Circulars;

● Construction Safety Plan

In regards to Documents referenced or included in the Solicitation the following: applies:

● In case of discrepancy, calculated dimensions will govern over scaled dimensions;

● Contract supplemental conditions shall govern over contract technical specifications and contract general provisions;

● Contract technical specifications shall govern over contract general provisions, plans, cited standards for materials or testing, and cited FAA advisory circular;

● Contract general provisions shall govern over plans, cited standards for materials or testing, and cited FAA advisory circular;

● Plans shall govern over cited standards for materials or testing and cited FAA advisory circulars; if any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern.

24. KEY PERSONNEL

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

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

25. LICENSES AND PERMITS

All licenses shall be current, and have been and still are in good standings without suspension or interruption with the Arizona Registrar of Contractors office. All licenses must be maintained in good standing for the duration of the contract, which includes all contractual requirements throughout the term of the contract.

26. PAYMENT BOND

The Contractor shall be required to furnish non-revocable security for the protection of all persons supplying labor and material to the Contractor or any subcontractor for the performance of any work related to the contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the State of Arizona.

Payment security shall be in the form of a payment bond, certified check or cashier’s check.

All payment bonds must be executed on a form substantially equivalent to Exhibit 4, Payment Bond.

27. PERFORMANCE BOND

The Contractor shall be required to furnish non-revocable security binding the Contractor to provide faithful performance of the contract in the amount of 100% of the total contract price, payable to the State of Arizona.

Performance security shall be in the form of a performance bond, certified check or cashier’s check. This security must be in the possession of the Department within the time specified or ten days after notice of award if no period is specified. If the Contractor fails to execute the security document as required, the Contractor may be found in default and the contract terminated by the Department. In case of default the Department reserves all rights.

All performance bonds must be executed on forms substantially equivalent to Exhibit 5, Performance Bond.

28. SUBCONTRACTORS

The Contractor shall not enter into any Subcontract under this Contract for the performance of this contract without the advance written approval of the Project Manager or the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract. All proposed Subcontractors shall be licensed in accordance with the State of Arizona Contractor licensing requirements and must meet the licensing requirements if any set forth in this solicitation.

Exhibit 9 Subcontractor’s Questionnaire shall be completed for each subcontractor that will be performing work.

29. GENERAL REQUIREMENTS

The Contractor shall furnish all the labor and materials for the project described in the project manual and complete all work in accordance with the requirements of the specifications and drawings for this project which shall apply to the basic offer and any awarded alternates. The Department will not pay for mileage or travel time.

30. RECORD DRAWINGS

In the event the Contractor deviates from the exact requirements of the drawings and/or work specifications of this contract, the Contractor shall continually update one set of drawings to reflect actual materials, dimensions and locations used to complete the work thereunder. At the completion of the work thereunder, the Contractor shall submit to the architect the completed and detailed Record Drawings, formerly known as “As-Builts” for use in maintenance operations and for future work.

31. ENVIRONMENTAL QUALITY

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

Violations shall be reported to the Arizona Department of Environmental Quality and U.S.E.P.A. Assistant Administrator Enforcement (EN-229). Any fines, penalties, etc., regarding Environmental violations will be the sole responsibility of the Contractor.

32. ASBESTOS

Upon Completion, the Contractor shall provide a completed Exhibit 7, Asbestos Free Certification validating that no materials containing asbestos were used in this project. Final payment shall not be processed until this certification is received.