CTR072726_Contract_Documents.pdf

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7/2/2024

24July

CTR072726

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM006023

DESCRIPTION: Graffiti Abatement Services

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e‐Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Amar J. Greasham Procurement Officer Phone: 602.712.8259

Email: agreasham@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.

Rev. 05/2023

Solicitation No: BPM006023 Available online at https://app.az.gov/

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 14

Uniform Terms and Conditions 33

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 53

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 54

3 – Work Location Map 55

4 – Vendor Performance Report 56

5 – Daily work Report 57

6 – Safety Program Plan Requirements 58

7 – Quarterly Usage Reports 60

SPECIFICATIONS

Solicitation No: BPM006023 Available online at

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 Graffiti Abatement Services along the highways in the Phoenix Metropolitan Area.

2. Introduction and Background

2.1. The Department intends to establish a term contract for Graffiti Abatement services along the State Highways in the Phoenix metro area. Refer to Exhibit 3; Work Location Map

2.1.1. The three (3) objectives of the program are to:

2.1.1.1. Abate graffiti rapidly

2.1.1.2. Match existing paint colors on site

2.1.1.3. Leave the area looking as if there was never any damage

3. General Requirements

3.1.1. A representative from the contractor shall be available for abatement requests during the district's standard operating hours of 5:30 a.m. to 3:00 p.m. Monday through Friday. The department's schedule may vary to accommodate seasonal changes. There may be times when weekend work is necessary and the Contractor will be required to perform work on weekends, as necessary.

3.1.2. Some night work is expected due to the safety concerns with the restoration of some projects.

3.1.3. The area of service for this contract is within the Central District Maintenance; see, Exhibit 3 Work Location Map The majority of the work shall be performed at a variety of locations within the Phoenix metropolitan area at the Department’s discretion.

3.1.4. Work shall not be performed outside of the ADOT Right of Way. The Department will provide the contractor the required information for identifying ADOT property and maintenance responsibilities for within the Right of Way.

4. Specific Requirements

Work Order Management System

Solicitation No: BPM006023 Available online at

4.1.1. Contractor shall provide a temporary work order management system for receiving, tracking, and closing work orders which the Department may access.

4.1.2. Work order shall include but not limited to the following:

4.1.2.1. Location or address

4.1.2.2. Before and after photos

4.1.2.3. Date abatement performed

4.1.2.4. Response time in hours

4.1.2.5. Department Unit

4.1.2.6. Department contact name

4.1.2.7. Date of request

4.1.2.8. Square footage

4.1.2.9. Surface type

4.1.2.10. Public or private property

4.1.2.11. Brief description of graffiti

4.1.2.12. Description of abatement remedy

4.1.2.13. Gang tag ID

4.1.2.14. Daily list and total of each graffiti incident removed

4.1.3. Work order management system shall allow Department personnel to monitor work orders and projects. Location shall include photo from a mobile device with GPS online mapping application. The Department shall have access to this data following completion of work order for a period of five (5) years.

4.1.4. If specific equipment is needed for communication through the work order management system the Contractor shall supply the necessary equipment to the Department at the Contractors expense. Supplied equipment must meet the Departments computer standards as follows:

4.1.4.1. Operating System (OS): Windows 10 and Windows 11 (current supported versions/builds only)

4.1.4.2. Laptops: Lenovo ThinkPad L15 Gen 3 15.6" Notebook ‐ Full HD – 1920 x

1080 ‐ Intel 12th Gen i7‐1255U Deca‐core (10 Core), 1.70 GHz ‐ 16 GB Total RAM ‐ 512 GB SSD ‐ Intel Chip. Support: 3 year next business day onsite w/defective media retention.

4.1.4.3. Desktops: HP Elite 600 G9 – Wolf Pro Security – mini – Core i5 12500T / 2

GHz – RAM 16 GB – SSD 256 GB – NVMe TLC – UHD Graphics 770 – GigE

Bluetooth 5.2 802.11ax (Wi‐Fi 6E) – WLAN: Bluetooth 5.2

Solicitation No: BPM006023 Available online at

802.11a/b/n/ac/ax (Wi‐Fi 6E). Support: 3 year next business day onsite w/defective media retention.

4.2. Work Assignment

4.2.1. The contractor shall have, at minimum, a two‐person crew to patrol the Right of

Ways during Department hours as part of the daily routine to seek and remove all visible graffiti. During patrols, the contractor is to remove all graffiti, no matter how small, including but not limited to walls, signs, and steel light poles.

4.2.2. As directed by the Graffiti Project Supervisor, the Contractor shall be assigned to

“Target Areas” on a routine basis. The Contractor may be required to work with the Graffiti Inspector or his representative in addition to the Graffiti Project Supervisor.

4.2.3. To initiate the start of a project, the Department will issue a Work Order Request via the Contractor’s work order management system

4.2.4. Upon receipt of a Work Order Request, the Contractor shall inspect the location and propose the best removal method to the Department. Once the Department has approved the proposed method of abatement, the Department will issue a purchase order for the Contractor to proceed with the abatement services.

4.2.5. The Contractor shall provide abatement services to sites identified during inspection immediately upon receiving approval from the Department. Graffiti should be removed within 24 hours of the approved Work Order Request. If, for any reason, the abatement cannot be completed within this timeframe, the Contractor must inform the Graffiti Project Supervisor about the site's status before the 24‐hour deadline.

4.2.6. If special equipment i.e. (lift truck, bucket truck, etc.) is required, a 24 hour or longer extension may be given due to the availability of equipment. The Contractor shall be responsible for having the proper equipment based on job type.

4.2.7. The Departments Graffiti Project Supervisor may designate sites as needing an emergency response. Emergency Work Order Requests will require same day response. Abatement services and after hours work; may be required in order to be performed on the same day. The following types of graffiti would supersede all other in order or priority, and require graffiti site abatement immediately on the same day the call is received:

Obscenity

Solicitation No: BPM006023 Available online at

Racial slurs Pornographic Content The targeting of a specific individual in retaliation Graffiti impacting a public event

4.2.8. The Contractor shall save completed work orders to in the work order management system and process an invoice to the Graffiti Project Supervisor via electronic mail monthly.

4.2.9. ADOT will provide a Graffiti Hotline number that shall be checked daily by both the

Department and the contractor for graffiti reports made by the public.

4.3. Work Detail

4.3.1. Graffiti removal may include but not limited to painting, abrasive removal techniques and other methods proposed by the Contractor and approved by the Department. Graffiti removal methods shall not harm, deface or mark the surface.

4.3.2. The method of removal shall not leave shadows or ghosts and shall not follow the pattern of the graffiti such that letters or shapes remain apparent on the surface after the graffiti markings have been removed.

4.3.3. The Contractor shall protect the surfaces adjacent to the area to be abated.

4.3.4. In the event that the Contractor, after being issued a work order request for ADOT signage or fencing, arrives at the work site to find that the infrastructure has been repaired or replaced by the Department, the Contractor shall notify the Graffiti Project Supervisor and submit photos of the abated location.

4.3.5. The Contractor shall ensure protection of the work area at all times including, but not limited to:

4.3.5.1. Barricading the area of work at distances, so as not to allow persons who are not involved with the abatement into the area.

4.3.5.2. Barricading area for work performed within the public right‐of‐way.

4.3.5.3. Using warning signs and sidewalk and street cones to inform the public of work being conducted.

4.3.5.4. Immediately correcting damages to the work site and surroundings.

4.3.5.5. Leaving work area in undamaged condition.

4.3.5.6. Providing signs to protect the finishes and the public.

Solicitation No: BPM006023 Available online at

4.3.6. The Contractor shall remove all equipment and materials from each site and leave the site broom clean.

4.3.7. The Contractor shall dispose of all material containers and excess materials in accordance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. Material rinse residue shall be collected and disposed of appropriately.

4.4. Photographic Documentation of Abatement

4.4.1. The Contractor shall produce digital photographs of the location before work is performed and after work has been completed. Photographs shall be electronically labeled with the date and time the photos are taken.

4.4.2. Photographs shall document the size of the area of graffiti to be abated.

Photographs shall also document the route, GPS coordinates, and direction of the location of the graffiti.

4.4.3. Photographs shall be submitted to the Graffiti Project Supervisor through the application tool provided by contractor.

4.5. Painting

4.5.1. The Contractor shall match existing painted surfaces using an approved paint conforming to the Department’s Standard Specifications for Road and Bridge Construction. The Department’s specification can be obtained from the following link:

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

4.5.2. The matching process shall be accomplished on site at the time of abatement.

Offsite color matching and return visits are not allowed. The Contractor shall carry a sufficient amount of base colors and tints to accomplish the match onsite. After abatement, the repaired area shall be indistinguishable from the surrounding area and no evidence of the vandalism will remain.

4.5.3. The Contractor shall not paint previously unpainted surfaces and finishes such as slump block, split face masonry, stone, brick or concrete block unless painting is specifically requested by Graffiti Project Supervisor. These specific requests shall be noted on the work order for the site.

Solicitation No: BPM006023 Available online at

4.5.4. All paint abatements that are equal to or smaller than minimum size of 100 square feet will be billed at the minimum size rate.

4.6. Media Blasting

4.6.1. All chemical graffiti removal products shall be biodegradable and environmentally safe.

4.6.2. The Contractor shall perform all abrasive removal techniques so that the abatement area is blended into the adjacent surface.

4.6.3. All media blasting abatements that are equal to or smaller than the minimum size of 100 square feet will be billed at the minimum size rate. The Contractor shall not charge two minimum charges for abatement done within 300 feet of the original tag, rather which will be billed as one abatement. .

4.7. Corrective Action

4.7.1. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits. If deficiencies are noted, the Department will submit a Vendor Performance Report, Exhibit 4 to the Procurement Officer, identifying the contractual deficiency and the expected resolution. A copy will be furnished to the Contractor.

4.8. Reporting

4.8.1. The Contractor shall complete and submit an electronic Daily Work Report, Exhibit 5, to the Department at the end of the completed work week or at a frequency as directed by the Department.

4.8.2. Daily work reports shall be legible and clearly visible. These reports may be modified at any time to meet the needs of the Department.

4.8.3. The reporting forms and reporting process are subject to change any time, at the discretion of the Department

4.9. Equipment

4.9.1. 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.

Solicitation No: BPM006023 Available online at

4.9.2. A warm water pressure washer will be used for Graffiti Abatement requiring a pressure washer.

4.9.3. Contractor will provide a vehicle equipped with a removal system, contained by a reel hose that will reach a minimum of 300 feet.

4.9.4. The Contractor shall be able to share the GPS location of each truck working in the ADOT Right of Way.

4.9.5. The Contractor’s vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. Truck beds and trailer beds shall be tight and have enclosed sideboards and covered tops to completely contain all debris and materials being transported

4.9.6. Equipment used 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.

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

4.9.8. Vehicles used within the scope of this contract shall be equipped with a minimum of one (1) amber rotating beacon or strobe light. Rotating amber beacon lights shall be equal to code three, 6105 rectangular and/or 550 round for uniformity.

4.9.9. 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.

4.10. Executive Order Equipment Compliance

4.10.1. The Executive Order applies only to: Maricopa, Pinal and Pima Counties.

4.10.2. All equipment utilized for this contract shall comply with the Governor’s Executive Order 2007‐3, Executive Order Affidavit; can be referenced in the following link:

http://www.azdeq.gov/environ/air/download/Exec_Order_2007‐03.pdf

Equipment Manufacturer and Model: Contractor/Subcontractor name.

Solicitation No: BPM006023 Available online at

Emission control device manufacture, model, and EPA verification number and/or:

a. The type and source of clean fuel to be used.

b. The estimated emission profile for the fleet using EPA’s Diesel Quantifier http://cfpub.epa.gov/quantifier

4.10.3. The Contractor shall submit updates as needed for the above required information. Certified copies of the clean fuel delivery shall be included for the reporting period and shall identify which vehicle received fuel. The addition or deletion of non‐road diesel equipment shall also be included in the monthly report.

4.10.4. All applicable reports and questions pertaining to compliance with the Governor’s

Executive Order 2007‐3 shall be submitted to the Arizona Department of Transportation. Procurement Office, 1655 W. Jackson Street, Phoenix AZ 85007

4.11. Safety and Sanitary

4.11.1. All Contractor personnel shall wear white hard hats of an OSHA approved type and high visibility safety vests (type III), safety toed shoes, work gloves and long pants while working within the contract area limits.

4.11.2. 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.

4.11.3. Attention is directed to Federal, State and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health and safety.

4.11.4. The Contractor shall present to the Department a plan to deal with over spray complaints

4.11.5. The Contractor shall submit a copy of a Safety Plan prior to the Post Award Meeting. The safety plan shall comply with the requirements of OSHA and the State Occupational Safety Standards. Refer to Safety Plan Program Requirements, Exhibit 6

Solicitation No: BPM006023 Available online at

4.12. Suspension of Work

4.12.1. The Contractor shall suspend operations if weather or road conditions are such that or work conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose environmental hazard. This includes seasonal conditions and/or conditions beyond the Department’s control such as excessive water flow in the roadside ditches, culverts, and etc. If such suspension occurs, the Contractor shall immediately notify the Project Manager or their designated representative.

4.12.2. The Project Manager or their representative may suspend work operations at any time, when in their judgment, present or impending conditions are such that the work cannot be carried out in a safe and effective manner.

4.13. Language Requirement

4.13.1. The Contractor’s On‐Site Supervisor and additional personnel as deemed necessary by the Department must be literate and fluent in the English language.

This is not meant to require that all Contractors’ personnel speak, read, and write English.

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

Warnings of emergencies and hazards

Preparation of reports

Communication with Department personnel

4.13.2. 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. Contractor’s Responsibilities

5.1.1. The Contractor shall furnish all necessary labor, tools, equipment, proper Personal Protective Equipment (PPE) supplies, material hauling and disposal services necessary to effectively perform the required services. No costs associated with travel time or mobilization will be absorbed by the Department.

5.1.2. The Contractor shall carry on operations in such a manner that damage is not inflicted to existing grounds, landscaping, utilities, highway mile post markers, signs, delineators, median cable barriers or other structures and features.

Solicitation No: BPM006023 Available online at

5.1.3. The Contractor shall have a designated point of contact, Contractor’s Project Manager that shall be responsible for coordinating with the Department Representatives. If there are changes during the contract period to the Contractor’s Project Manager, the Department shall be notified in advance.

5.1.4. The Contractor shall ensure that all employees have immediate access to the

Material Safety Data Sheet’s (MSDS) for each product used in the performance of this contract. Contractor shall be in compliance with all provisions of the Federal Hazard Communication Act.

5.1.5. All products used by the Contractor shall be manufactured products specifically intended for purpose for which they are being used. Contractor shall not devise any products of his/her own making for use under this contract. The use of all products shall be in strict conformance with the manufacturer’s specifications.

5.1.6. The Contractor shall leave the right‐of‐way in a condition that does the least amount of damage to existing resources. The Contractor shall take all reasonable precautions to avoid damage to the existing ground areas, right‐of way fences, utilities, highway mileposts markers, guardrails, signs, delineators, or other structures.

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

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

5.1.9. The Contractor and all subcontractors shall obtain a permit from ADOT for any and all encroachments into ADOT Right‐of‐Way, and shall comply with the obligations in such permit.

5.2. Contractor’s Employees

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

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

Solicitation No: BPM006023 Available online at

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

5.2.4. No visitors, spouses or children of the Contractor’s employees will be allowed in the work location during hours unless they are bona fide employees of the Contractor. Parking of employee’s personal vehicles within the Right‐of‐Way will not be permitted.

6. Department’s Responsibilities

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

6.1.2. The Graffiti Project Supervisor 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.

6.1.3. The Department shall be responsible for scheduling traffic control services.

SPECIAL TERMS AND CONDITIONS

Solicitation No: BPM006023 Available online at

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective date of award and shall continue for a period of twelve (12) months 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. INVOICING REQUIREMENTS

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information Contract Number

Purchase Order Number

Solicitation No: BPM006023 Available online at

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 within thirty (30) calendar days after acceptance of services. Delivery of the service to the Department does not constitute acceptance.

The date the Department accepts delivery of services shall 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.

7. 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.

8. PRICE REDUCTION

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

Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

9. CONTRACT ADMINISTRATION

Solicitation No: BPM006023 Available online at

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

10. 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.

11. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

This Contract may be cancelled if the 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 devices, knives or blades of more than three (3) inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property.

Solicitation No: BPM006023 Available online at

Further, if the Contractor or any subcontractors or others in the employ of 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.”

12. REVIEW OF CONTRACTOR’S WORK

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department reserves the right to make such reviews and pass upon the acceptability of the Contractor’s work. Partial acceptance shall not relieve the Contractor’s obligation to correct, without charge, any errors in the work performed under this contract.

13. ACCURACY OF WORK

The Contractor shall be responsible for the accuracy of the work and shall promptly make all the 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 shall not relieve the Contractor of the responsibility for subsequent correction of any such errors and clarification of ambiguities.

14. INDEMNIFICATION

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

Solicitation No: BPM006023 Available online at

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.

15. INSURANCE

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.

15.1 Insurance Requirements

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

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

15.2 Minimum Scope and Limits of Insurance

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

15.2.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

Solicitation No: BPM006023 Available online at

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

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

15.2.3 Business Automobile Liability

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

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

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

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

15.2.4 Workers’ Compensation and Employers’ Liability

Workers' Compensation Statutory

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

a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, Solicitation No: BPM006023 Available online at agents, and employees for losses arising from work performed by or on behalf of the Contractor.

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

15.3 Additional Insurance Requirements

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

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

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

15.4 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

15.5 Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non‐admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A‐ VII. The State of Arizona in no way warrants that the above‐required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Solicitation No: BPM006023 Available online at

15.6 Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

15.6.1 All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

15.6.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

15.6.3 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 shall be noted on the certificate of insurance.

15.7 Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

15.8 Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

15.9 Exceptions

Solicitation No: BPM006023 Available online at

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self‐ insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

16. USAGE REPORT

The Contractor shall furnish the Department a quarterly report showing purchasing activity under this contract. This usage report shall be provided in a form substantially equivalent to Exhibit 7. Usage reports shall be submitted to the Procurement Officer no later than 30 days after the end of each quarter.

Usage report quarters shall be defined as follows:

January through March – Report due April 30

April through June – Report due July 30

July through September – Report due October 30

October through December – Report due January 30

17. REMOVAL OF CONTRACTOR’S EMPLOYEES

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

18. PROJECT ADMINISTRATION

The Project Manager shall be designated at the time of project assignment. The Project Manager will provide general direction as necessary and be responsible for decisions pertaining to work under this contract.

19. LICENSES, PERMITS, CERTIFICATIONS

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

20. POST AWARD MEETING

Solicitation No: BPM006023 Available online at

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

21. STATE IT ARCHITECTURE AND STANDARDS

To support standardized, interoperable IT environments, the state developed enterprise architecture (EA). Enterprise architecture and subsequent security policies, and standards, can be accessed via the state of Arizona Department of Homeland Security’s website, referenced here: https://azdohs.gov/information‐security‐policies‐standards‐and‐ procedures. Technical solutions developed by the Contractor shall conform to state security policy, standards, and EA standards.

In accordance with ADOT Information Technology Group policy 03.01, Information System Authorization Policy, the Contractor shall assist with the completion of a security plan within a template prescribed by the Department. Prior to deploying the Contractor solution, a Department risk assessment must be completed. Certification results must also be completed by the Department to comply with system lifecycle process requirements.

22. NON‐DISCLOSURE

The Contractor shall meet the requirements of all applicable State of Arizona and Department policies, standards and procedures for securing, managing and handling information. As such, the Contractor shall:

● Only access information and files for which it has been given specific authority.

• Not discuss, divulge, copy, release, sell or loan any Departmental information unless authorized by the Department.

• Not misuse or carelessly handle Departmental information.

• Not release or disclose Departmental information to unauthorized personnel.

• Store, send, and dispose of system and written information in a secure manner with proper regard for privacy and confidentiality and in accordance with applicable policies, standards and procedures.

• Not disclose any personal information contained in any system of record except as authorized.

• Safeguard all user password(s) and any other security mechanism(s) granted by the Department and used to access Departmental information.

• Protect all Departmental information in accordance with applicable state and federal laws.

Solicitation No: BPM006023 Available online at

• Report any security system breach, computer infection or theft of information immediately to the Department.

The Contractor shall secure paper‐based, sensitive information by locking it in secure containers and applying user‐privilege restriction mechanisms. The Contractor shall be responsible and accountable for all actions undertaken on a Department information technology resource (e.g., computer system, or application system, etc.). The Contractor shall not utilize its network connections with the Department for any purpose other than the purpose specified herein.

A. Personnel Security

● Identify roles and responsibilities of technical support personnel.

● Ensure separation of duties based on technical support personnel responsibilities.

● Ensure technical support personnel are trained in securely handling personally identifying information (PII).

● Adhere to Department non‐disclosure and acceptable use agreements.

B. Configuration Management

● Ensure system documentation (e.g., application configuration, network definitions, data flow diagrams, entity relationship diagrams, etc.) is maintained and up‐to‐date.

● Ensure formal change control is implemented and coordinated with the Department.

C. Prevent loss, modification or misuse of user data

• Ensure Department PII is encrypted at rest (where stored).

• Ensure Department PII is encrypted in transit (where transmitted).

• Ensure Department PII is not stored on any portable device.

D. Security Plan & State Security Requirements

• The Contractor shall assist with Security Plan completion during the application design phase of the project.

• The security plan shall be approved by the department prior to the commencement of project construction activities

• The Contractor shall ensure the system security plan complies with:

o NIST security framework o State of Arizona statewide standards o Arizona Department of Transportation policy o ASET Arizona NIST Baseline Security Controls

E. System Development

Solicitation No: BPM006023 Available online at

If developing software for the Department, the contractor shall:

• Maintain the security of application system software and data.

• Ensure secure coding practices comply with the Open Web Application Security Project Top 10 and SANS Top 25.

• Ensure application security by scanning, identifying and correcting: Command Injection, SSL Injection, Malicious CGI Scripts, Buffer Overflows, Client Side Vulnerabilities, Directory Indexing, Server misconfigurations, Malicious Downloads, Malicious Affiliations (Links), Phishing Scams, Browser Exploits, Misuse of personal information, Annoyances (excessive Pop‐ups), SQL Injection, Blind SQL Injection, SQL Database Error Disclosure, Local File and Remote File Includes, Directory Traversals, Improper Error Handling and Application Source Code Disclosure on an ongoing basis.

Applications developed by the Contractor (for the Department) shall be assessed by the Department prior to a production implementation. Application security weaknesses identified as part of an application security review must be corrected immediately by the Contractor.

F. Network Services

• Retain and make log history available according to Department policy for data retention.

• Respond to requests from the department for information from event logs pertaining to specific incidents to assist in investigations.

• Ensure network components that require continuous availability are implemented with clustering to avoid outages.

• Ensure failover devices are installed and configured correctly to avoid unplanned downtime.

G. Confidentiality

The Contractor shall keep confidential and secure all information concerning individual end‐ users (notwithstanding aggregate usage statistics used for reporting purposes). The Contractor shall not under any conditions resell, transfer or convey information about end‐ users to any third party. The Contractor shall not retain or reuse information about the end‐ users in their own operations. Due to the sensitive nature of the information maintained by the department, the Contractor acknowledges that all information disclosed to it concerning the department’s operations during performance of the contract and after the full term of the contract shall not be disclosed without the department’s prior written consent. All proprietary information and all copies thereof shall be returned to the department upon completion of the work for which they were obtained or developed.

Solicitation No: BPM006023 Available online at

23. ACCEPTABLE USE

The Contractor understands that end user…