CTR070668_Contract_Documents.pdf

Rev. 05/2023

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM005725

DESCRIPTION: Highway Lighting Installation & Repair

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.

Aimee Fields Procurement Officer Phone: 602-712-8545 Email: afields@azdot.gov

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

“An Equal Opportunity Agency”

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

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

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

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM005725 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 17

Uniform Terms and Conditions 26

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 43

2 - Title VI/Non-Discrimination Assurances Appendix E 44

3 - Work Location Map 45

4 - Property Loss Report 46

5 - Subcontractors and Supplier 48

6 - ADOT Road Restriction Report 49

7 - Department Supplied Materials 50

8 – Quarterly Usage Report 52

SCOPE OF WORK

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq. the State of Arizona

Department of Transportation (Department), has a requirement for qualified Contractors to perform Installation & Repairs of Highway Lighting for the Central Maintenance District.

2. Introduction and Background

2.1. The Department intends to establish a term contract to perform installation, repairs, and High Pressure Sodium (HPS) to light-emitting diode (LED) conversion of highway lighting as ordered by the Department, in accordance with the specifications and provisions.

2.2. The service area includes all state and interstate highway locations within the Central

Maintenance District, see Exhibit 3 – Work Location Map. Some of the high mast locations have lowering devices. The Department shall furnish the equipment needed, unless otherwise specified, for the lowering devices as well as load centers, cabinets, poles, and special pull boxes.

3. General Requirements

3.1. All work shall be assigned during an initial coordination meeting betweee the Contractor and

Department Representative to review each Work Assignmen. A Work Assignment is defined as a set of locations, plans, and installation instructions provided by the department which is required for the Contractor to provide a quote and complete the job per the Department Specifications.

3.2. The Contractor shall perform an initial inspection of each proposed work location and respond to the Work Assignment with a Work Plan/Schedule, and preliminary quotes within seven (7) business days, as specified in Section 8, Work Plan/schedule. A Work Plan/schedule is defined as a document supplied by the Contractor, that includes the estimated time needed to complete the Work Assignment. It shall also include a schedule, all materials, equipments, and traffic control components required, and any damage noted prior to installation, itemized per location.

3.3. The Contractor shall have sufficient local resources that are necessary to complete a Work Assignment at any given time.

3.4. The Department’s Project Manager (Lighting Supervisor, Contract Supervisor, Superintendent; or

Person delegated with the responsibility for managing the Contract), shall have the authority to coordinate, schedule, conduct, inspect, accept, monitor performance, and invoke warranty provisions within the stated provisions of this Contract.

4. Specific Requirements

4.1. Troubleshooting and repair of all malfunctioning lighting equipment, which may require replacement of any parts needed to restore the lighting, including all underground equipment, wire or conduit as well as replacing poles and other equipment that have been knocked down. In addition, the Contractor is required to ensure all lighting fixtures are operational, and replace all Luminaires with the section(s) identified in each Work Assignment.

4.2. The Department may require that existing pull boxes be buried after the new wire is pulled in, not to exceed more than 12 inche deep.

4.2.1. In some instances, the Department may require the removal and replacement of designated pull boxes with heavy duty/security #4b or #6b pull boxes.

4.2.2. The Contractor shall be required to dig back a minimum of 20 feet to lower the existing conduit down to 30 inches to accommodate the 24 inches depth of the #4b and #6b pull boxes.

4.2.3. The Contractor shall have adequate equipment to move and install the pull boxes.

4.2.4. Conduit may need to be repaired as part of replacing the pull box.

4.3. An International Municipal Signal Association (IMSA) Certified Roadway Lighting Technician must be present during all work performed. This person can be the crew lead or technician. The Department may perform random verification of their certification. If the IMSA Certified Roadway Lighting Technician is not present at the jobsite, all work shall be suspended.

4.4. The Department will be responsible for any theft or knock down of equipment, based on the

Contractor’s submittal of a Property Loss Report, see Exhibit 4.

4.5. The Contractor shall submit a Property Loss Report to the Project Manager when wire theft and/or knocked down equipment is found at the designated jobsite after the Work Assignment has begun. The Contractor shall fill out the Property Loss Report with as much information as possible.

The Property Loss Report shall include a Damage Report (DR) number. Once the work is completed the Contractor shall include the DR number on the invoice. The Property Loss Report must be submitted timely upon discovery

4.6. The Contractor shall submit an invoice upon completion of a location/maintenance unit (M)U and acceptance and approval by the Department.

5. Equipment Requirements

5.1. The Contractor shall furnish all necessary labor, tools, non-Department furnished equipment, supplies, and materials, necessary to effectively perform the required services in accordance with the specifications.

5.2. The Contractor shall provide and maintain equipment in sufficient in numbers, operational condition and capacity to efficiently perform the work and render the services as required by this Contract.

5.3. The Contractor’s vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number. All contractor’s vehicles and equipment shall meet or exceed the lighting requirements set forth in Federal Motor Vehicle Safety Standards and Arizona Revised Statutes, Title 28, regarding minimum vehicle marking and ancillary lighting. All emergency and hazard-warning lighting on equipment must meet or exceed SAE J-595 Class 1 for warning light devices. Lights shall be visible from all directions for a distance of 500 feet to the oncoming traffic at all times and not be blocked by material in truck beds and trailers.

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

5.5. Equipment utilized in the execution of this Contract shall comply with all applicable local, state, federal, and tribal laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils or tribunals.

5.6. All vehicles must be maintained in good repair, appearances and conditions at all times.

5.7. The Contractor must have in its possession a bucket truck capable of reaching 69 feet, and the

Contractor shall have the means to occasionally procure (rent or borrow) a bucket truck capable of reaching 100 feet, a crane, wire pulling equipment, and an attenuator for each crew. All bucket truck or crane operations shall include the use of an attenuator vehicle.

6. Materials

6.1. Lighting replacement materials, other than those listed in Exhibit 7 Department Supplied

Materials, shall be provided by the Contractor. Materials include but are not limited to: starter boards, breakers, wire, fuses, photocells, and concrete.

6.11 Department supplied poles will be picked up and/or delivered to a location within the

Central Phoenix area. The cost for the installation and removal of light poles shall be inclusive of all labor, mobilization, equipment, and or disposal costs associated with the assigned task. Any traffic control (if required) shall be separately identified on the quote.

6.11.1 Steel Poles removed by a Contractor shall become the property of the

Contractor after completion of the job unless instructed to reinstall at another location within the same Maintenance Unit (MU) limits.

6.11.2 Aluminum Poles removed by a Contractor shall remain the property of the Department and unless instructed to reinstall at another location within the same MU limits, shall be returned to the Department location within the Central Phoenix area, as specified by the Department upon completion of the job.

6.2. The Contractor is responsible for transporting Department furnished materials from the

Department location to the work site, as identified on each Work Assignment.

6.2.1. Any damage to Department supplied materials after the Contractor has signed for and picked up at the specified Department location, shall be replaced at no cost to the

Department by the Contractor. Replacement materials shall be inspected and approved by a Department Representative prior to installation.

6.3. The Contractor and Project Manager shall coordinate date, times, and location for pick up of materials.

6.4. The Project Manager shall be present at time of pick-up to sign out material. The Contractor shall sign for all materials at time of pick up.

6.5. Lighting Materials will be supplied by the Department. A list of replacement Luminaires are listed in Exhibit 7 – Department Supplied Materials.

7. Traffic Control – Maintenance and Protection of Traffic

7.1. The Contractor shall provide Temporary Traffic Control and Traffic Control Plans when directed by the Department. All traffic shall be maintained through the work area and protected in accordance with the requirements of the MUTCD; Manual on Uniform Traffic Control Devices, current edition as adopted by the Department, including errata and addenda and ADOT Traffic Control Supplement to current edition of MUTCD, the ADOT Manual of Approved Signs and ADOT Traffic Control Design Guidelines. Traffic engineering references can be accessed at:

7.1.1. Work Zone Traffic:

https://azdot.gov/sites/default/files/media/2022/03/work-zone-traffic-control.pdf

7.1.2. Traffic Control Design Guidelines:

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

7.1.3. Manual on Uniform Traffic Control Devices 2009:

https://azdot.gov/sites/default/files/2019/07/manual-on-uniform-traffic-control-devices-%28mutcd%29-2009-edition.pdf

7.1.4. Arizona Supplement to the Manual on Uniform Traffic Control Devices 2009:

https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf

7.1.5. Arizona Manual of Approved Signs:

https://azdot.gov/business/engineering-and-construction/traffic/arizona-manual-approved-signs

7.1.6. Standard Specifications (Division III Traffic Control Facilities ):

https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_ Road_and_Bridge_Construction_PC.pdf

7.2. These manuals address only minimum standards for traffic control. If any conditions exist that are judged by Project Manager, Department’s Inspector, or their Representative to require additional or special traffic control methods or signing, the Contractor shall supply such traffic control.

https://app.az.gov/ https://azdot.gov/sites/default/files/media/2022/03/work-zone-traffic-control.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://azdot.gov/sites/default/files/2019/07/manual-on-uniform-traffic-control-devices-%28mutcd%29-2009-edition.pdf https://azdot.gov/sites/default/files/2019/07/manual-on-uniform-traffic-control-devices-%28mutcd%29-2009-edition.pdf https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-%20%20uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-%20%20uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/business/engineering-and-construction/traffic/arizona-manual-approved-signs https://azdot.gov/business/engineering-and-construction/traffic/arizona-manual-approved-signs https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf

7.3. In addition, to the required maintenance and protection of traffic (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:

7.3.1. Use of attenuator is not required for work on two-lane highways with lane closures and flagging/pilot operations.

7.3.2. 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.

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

7.3.4. The development of Traffic Control Plans, estimates, and all the necessary work to coordinate the traffic control with the Department and local jurisdictions (where applicable), shall be provided at no additgional cost to the Department .

7.4. Traffic Control – General Process

7.4.1. The Contractor shall furnish traffic control services and devices.

7.4.2. The Contractor shall provide traffic control for all projects unless directed by the

Department. The work shall be done in accordance with the Standard Specifications including the applicable Stored Specifications, Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD), and the Arizona Department of Transportation Traffic Control Supplement.

7.4.3. The Department shall allow the use of Subcontractors for Traffic Control. All

Subcontractors shall have pre-approval from the Department. Exhibit 5 – Subcontractor and Suppliers Form, shall be submitted and approved by the Department Prior to any work being performed.

7.4.4. If Traffic Control is to be 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.

7.4.5. Traffic Control shall conform to the specifications set forth in this document. All vehicles working on State Right-of-Way will drop three cones behind all their vehicles (even if vehicle is not located on roadway). These cones shall be the last thing the Contractor picks up before moving their vehicle to the next location.

7.4.6. Traffic Control may involve closing a single lane of traffic along the right shoulder, left shoulder, off ramp or on ramp. The Contractor shall fill out Exhibit 6 - ADOT Road Restriction Report and submit it to the Department’s Project Manager at a minimum of 72 hours before the date of the road closure. The Contractor must submit any weekend road closures four (4) days prior to the work start date.

7.4.7. Upon receipt of an approved Work Plan/Schedule, 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. All Traffic Control Plans must be approved by the Department prior to any work commencing on the project. Any changes to the accepted Traffic Control Plan must be submitted two business days in advance of scheduled work operations, weekends and holidays excluded.

7.4.8. When used, arrow panels shall conform to the requirements and standards of the

MUTCD, current edition as adopted by the Department, in accordance with the applicable subsection of the Standard. Arrow panels shall be truck or trailer mounted and shall be of the sequential chevron type.

7.4.9. The Contractor shall provide American Traffic Safety Services Association (ATSSA) –

Certified traffic control technicians for all traffic control activities.

7.5. Traffic Control – Plan Process

7.5.1. The Contractor shall develop a system of inventory control and inspection that ensures that non-compliant devices are retired and replaced with compliant devices as required.

All certified crashworthy devices shall be labeled in some permanent and conspicuous manner.

7.5.2. The Department will not make any additional consideration regarding implementation of the Traffic Control Plan process in terms of costs. The price offered for the traffic control items shall include any consideration by the Contractor for the cost associated with conforming to this plan process.

7.6. Traffic Control – Other Provisions

7.6.1. If the Projector Manger or the Inspector requires special traffic control methods or signing, such traffic control shall be supplied by the Contractor.

7.6.2. All traffic control situations are subject to the Department’s approval. The Project

Manager shall be the final authority on traffic control matters.

7.6.3. If the Inspector determines that sufficient traffic control is not being provided or maintained, the Inspector may suspend work until the proper traffic control is established. Where public safety is compromised, the Inspector may upgrade the traffic control devices and deduct the cost of these additional devices from the payment due the Contractor.

7.6.4. The Contractor shall notify the Inspector 5 days prior to establishing traffic control that restricts or closes a traffic lane.

7.6.5. The Contractor shall provide notification to the Inspector immediately upon dismantling any restriction or closure.

7.6.6. If a ramp or road closure is required, the Traffic Control Plan must show a detour route.

7.6.7. Planned closures of consecutive “ON” or “OFF” ramps is NOT allowed.

7.6.8. Road or lane closures must have advanced written approval of the Project Manager.

7.6.9. All Traffic Control devices shall conform to the requirements of the MUTCD and shall be maintained in a clean and serviceable condition at all times. Any unsuitable or unserviceable devices shall be replaced immediately. The Inspector shall be the sole judge of serviceability of traffic control devices.

7.6.10. Traffic Control set-ups shall be continually observed and maintained by trained

Contractor personnel.

7.6.11. The Contractor shall store all Traffic Control devices not currently in use at least 40 ft from the edge of the travel lane, or at least 10 ft behind permanent barrier or guardrail.

7.6.12. Truck Mounted Attenuator (TMA) shall be utilized in all operations that restrict or eliminate usage of a traffic lane. The crash rating for the attenuator device shall be consistent with the application it is being used for. All TMA shall have vehicle mounted arrow boards as well as other supplemental warning devices (active and passive).

7.6.13. Attenuators are required for any bucket truck work and work in the 30 foot clear zone.

7.6.14. Vehicle mounted signs are considered incidental items (including arrow boards) and are not eligible for compensation beyond what is specified within APP under the line items tab.

7.7. Traffic Control – Off Duty Uniformed Law Enforcement Officers

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

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

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

7.7.4. All off-duty Uniformed Law Enforcement personnel utilized under this Contract must be certified by the Arizona Law Enforcement Officer Advisory Council (ALEOAC).

7.7.5. The Contractor shall furnish verification to the Project Manager that all civilian flaggers have completed a recognized training and certification program.

7.7.6. Flaggers certified by the American Traffic Safety Services Association (A.T.S.S.A.) or by the National Safety Council shall be acceptable. Certification through other programs offering flagger training must be approved by the Project Manager.

7.7.7. Flagger certification must be current. Training and certification shall be required at least once every 4 years.

7.7.8. If traffic violations are observed, the officers have an obligation to pursue and cite motorists while on this type of assignment.

7.7.9. If the Contractor supplements their traffic control with Off-Duty Uniformed Law

Enforcement Officers, the Contractor shall submit a request for the use of Off-Duty Uniformed Law Enforcement Officers to the Project Manager for their approval. The Project Manager shall have final authority in determining the need for Off-Duty Uniformed Law Enforcement Officers and the number and duration of officers required.

7.7.10. The Contractor shall not use any Off-Duty Uniformed Law Enforcement Officers or vehicle without prior approval by the Project Manager.

7.7.11. In the event that a job is canceled for any reason, the Contractor shall notify the Law

Enforcement Agency at least 4 hours prior to the scheduled start time for the job. An officer who reports as scheduled when construction was not canceled 4 hours prior will be paid a minimum of 2 hours show up time.

7.7.12. In the event an Off-Duty Uniformed Law Enforcement Officer is scheduled for a job and it is canceled due to mechanical breakdown after the job has begun, the officer will be paid for a minimum of 2 hours. Off Duty Uniformed Law Enforcement Officers will be paid a minimum of 2 hours regardless of the length of time the job is scheduled to run.

7.7.13. The Department shall verify the Off-Duty Uniformed Law Enforcement Officers’ hours and all paperwork. The information required will include the officer’s name, badge number, start and stop times, and hours worked at the job site.

7.7.14. Off-Duty Uniformed Law Enforcement Officers shall submit all paperwork to the Contractor who shall sign off on the hours worked and submit it with invoicing.

7.7.15. Failure of the contractor to comply with these requirements shall be considered a material breach of this Contract and any costs incurred by the Off-Duty Uniformed Law Enforcement Officers shall be deducted from the Contractor’s payment.

7.8. Traffic Control

7.8.1. The Contractor shall reference Section 701: ADOT Standard Specifications for Road and

Bridge Construction 2021 – Revised under Construction Bulletin 701PDMPT; Dated 11/1/2016:

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

7.8.2. Requirements for NCHRP-350 and MASH Crashworthy Work Zone Traffic Control

Devices can be located in the following link:

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

8. Work Plans/Schedule

8.1. The Department shall coordinate a meeting directly with the Contractor to review the Work Assignment, including all work locations (identified by Maintenance Unit) all materials, equipment, and traffic control required to complete the Work Assignment.

8.2. The Contractor shall perform an initial inspection of each proposed work location and respond to the Work Assignment with a Work Plan/schedule, to include estimated time needed to complete the Work Assignment, any damage noted prior to installation, and preliminary quotes within seven (7) business days. Each quote shall be per location and include: verification of the work to be performed, the location, estimated quantities/costs of traffic control, materials, and any equipment needed, and an itemized cost including tax where applicable.

8.2.1. The date, and time to pick up/drop off Department supplied materials shall be coordinated between the Department Project Manager or the Department’s authorized representative. The date, time and location agreed upon for the pickup or drop off of Department Supplied materials shall be agreed on by both parties. Any Department Supplied Materials shall be picked up at one of the following location:

8.2.1.1. 2302 W. Durango St. Phoenix, AZ 85009.

8.2.1.2. 2104 S. 22nd Ave Phoenix, AZ 85009.

8.2.1.3. Another location within the same MU.

8.3. The Department shall review the Contractor’s quote within 10 days. The Contractor shall revise the quote if requested by the Department. A resolution phone call may be conducted, or a meeting may be scheduled if requested by either the Contractor or the Department.

https://app.az.gov/ https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf 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

8.4. When all issues are resolved, the Department will approve the quote and issue a purchase order for each location which was approved. Extra work that is done beyond the approved Work Plan/Quote/Purchase Order will not be eligible for payment, including traffic control if it is not authorized prior to commencement of work.

8.5. The Contractor shall coordinate directly with the Project Manager as identified at the initial meeting. All work shall be done in accordance with the specifications, the approved quote, and the schedule as directed by the Department. If during the project there is any change of condition and/or delay, the Contractor shall notify the Department in person or by phone as soon as possible. No work beyond the scope of the Work Assignment or Contract scope of work, to include those parts under contract, shall be performed or procured without prior authorization from the Department.

8.6. The Work Plan/schedule shall account for known Department priorities. The coordination meetings shall be held as necessary and as requested by the Department.

8.7. All Work Plans/schedules shall conform to the applicable requirements of the Work Assignment, purchase order, and these specifications.

8.8. The Contractor shall provide the Department with a Work Plan/schedule and an estimated work completion date prior to beginning each Work Assignment. Any changes to that Work Plan/schedule shall require the written approval of the Project Manager.

8.8.1. All Contractor generated plans and schedules are subject to Department approval. Any significant change to the schedule and/or plan must be submitted to the Department for review and approval.

8.8.2. The Contractor shall complete all routine and emergency work within the limits of the submitted Work Plan/schedule unless circumstances occur that are beyond the control of the Contractor. Thereafter, significant changes in the Contractor’s Work Plan/schedule shall be submitted in writing, to the Department and shall be accompanied by a proposed revised Work Plan/schedule. Upon approval by the Department, the Contractor may implement the revised Work Plan/schedule.

8.8.3. At the Department’s sole discretion, the Contractor may be directed to work at any hour of the day or night, week or weekend. Work that includes ramp or lane closures shall be restricted to the hours of 9:00 p.m. – 5:00 a.m. MST. All work hours and days are subject to restrictions established by the Department.

8.8.4. If work is not completed per the schedule and/or plan, a written report to the Project

Manager shall be made explaining why the work was not completed. This report shall be made within the first working day of the following week. A plan for getting back on schedule shall be contained within this report. If the Contractor’s action or non-action is judged to be the reason for the problem, the Department may require the Contractor to assign additional personnel and equipment at no additional cost to the Department to get the project back on schedule. Any additional costs associated with the assignment of additional resources (e.g. overtime, equipment rental, traffic control, Subcontractors) to the project that are beyond the scope of this Contract will be borne by the Contractor.

9. Safety, Sanitary, and Health Conditions

9.1. At least one employee on duty will carry a cell phone to contact the Department in the event of an emergency.

9.2. Contract Specifications require all Contractor employees to wear OSHA approved hard hats, high-visibility, OSHA approved safety vests (Type III), safety footwear, and full-length pants at all times while working within the right-of-way.

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

10. Contractor’s Responsibilities

10.1. 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.

10.2. The Contractor shall repair or replace any highway 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 payment.

10.3. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Project Manager’s Representative and the District Regional Signing and Striping Supervisor immediately. Immediate is considered to be within one hour of occurrence. Damage to delineators shall be repaired within 48 hours of occurrence.

10.4. No payment will be made to the Contractor until all damage has been repaired or replaced.

10.5. Contractor’s Employees

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

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

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

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

10.5.4. 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.

10.5.5. 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.

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

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

10.5.8. Parking of employee’s personal vehicle within the right-of-way will not be permitted.

10.5.9. Employees are prohibited from having firearms or weapons in their possession while on duty.

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

10.5.11. The Contractor and Contractor’s employees are strictly prohibited from the operation of, or advertising of any commercial enterprise or activity on any premises that are the subject of this contract; except as may be provided under other contracts to which the Department is a signatory. Refer to A.R.S. § 28-7053.

10.6. Language Requirement

10.6.1. The Contractor’s job supervisor and additional personnel as deemed necessary by the

Site Coordinator or his designated Representative, shall communicate in English. This is not meant to require that all Contractor personnel speak, read and write English. This requirement is necessary due to the following reasons that include, but are not limited to:

10.6.1.1. Warnings of emergencies and hazards.

10.6.1.2. Preparation of reports.

10.7. Communication with Department personnel and tenants

10.7.1. 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 Contract Representative and between the Contractor Representatives and the public will be understood.

10.8. Supervision

10.8.1. The On-site Supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Department’s appointed Representative with on-site inspections and coordination of other operational requirements. The Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses and certifications, Traffic Control Plans, devices, and services required under this contract.

10.8.2. A copy of this Contract and any amendments thereto shall be in the possession of the On-Site Supervisor at all times when performing work under this service Contract .

10.8.3. The On-Site Supervisor shall be certified by either the American Traffic Safety Services

Association (ATSSA) in ATSSA-Worksite Traffic Safety for Supervisors or by the International Municipal Sign Association (IMSA) in WORK Zone Safety.

10.9. Communication

10.9.1. All work crews shall possess a means of communication (via radio and/or cell phones with hands-free capabilities) with the Department and themselves at all times. Radio should be used in areas where cell service is not available or is unreliable.

10.9.2. Cost of cellular communication shall be the responsibility of the Contractor.

10.9.3. The Contractor shall provide the Department with the names and telephone numbers of all supervisory personnel who will oversee this Contract . These supervisory personnel shall assist the Department’s appointed Representative in making random on-site facility inspections and in coordinating other operational requirements.

10.10. Removal of Contractor’s Employees

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

11. Department’s Responsibilities

11.1. Inspection

11.1.1. The Department shall perform periodic inspections to ascertain the Contract or’s compliance with Contract requirements. The Department Representative reserves the right to request for IMSA certification at any time during work performance.

11.2. Work Acceptance

11.2.1. The Project Manager shall decide all questions that may arise as to the quality and acceptability of any work performed by the Contractor or under the Contract .

11.2.2. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards.

11.2.3. The Project Manager shall notify the Contractor, verbally and in writing of any deficiencies found within the Contract limits.

11.2.4. The Department shall decide if the quality and acceptability of any work performed under the Contract is acceptable.

11.3. Acts of Nature

11.3.1. 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.

11.4. Suspension of Work

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

11.4.2. The Project Manager or Designee shall immediately suspend operations when work performance is observed in violation of safety rules, regulations, practices, or in the absence of certified personnel. Violation of safety rules, regulations or practices may be considered grounds for termination of the Contract .

11.4.3. Violation of safety rules, regulations or practices may be considered grounds for termination of the Contract .

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise provided herein.

2. CONTRACT EXTENSION

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months.

3. ELIGIBLE AGENCIES

This contract shall be for the exclusive use of the Arizona Department of Transportation.

4. NON-EXCLUSIVE CONTRACT

This contract shall be for the sole convenience of the Department. The Department reserves the right to obtain like goods or services from another source when necessary. The Off-Contract Purchase Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.

5. ORDERING PROCESS

The Department shall issue a purchase order to the Contractor. Each purchase order must cite the contract number. This purchase order shall be the only document required for the Department to order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under contract is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor.

6. SHIPPING TERMS

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

7. DELIVERY

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

Delivery of the product does not constitute acceptance.

8. INSPECTION AND ACCEPTANCE

Each item delivered shall be subject to a complete inspection by the Department within 10 days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

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

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

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

9. INVOICING and PAYMENT

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

• Department Location’s Name and Address

• Vendor Name, Remit to Address and Contact Information

• Contract Number

• Purchase Order Number

• Invoice Number and Date

• Date the items were shipped to the Department

• Contract Line Item Number

• Line Item 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 INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices.

All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

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 1655 W. Jackson Street, MD 100P Phoenix, Arizona 85007-3276

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

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

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…