CTR073185_Contract_Documents.pdf

Procurement

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson Street Phoenix, AZ 85007

Solicitation Amendment Summary

SOLICITATION NO. BPM006305 AMENDMENT NO. 1

DESCRIPTION: Janitorial Services for Central Arizona Regions

Rev. 04/2020

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced solicitation shall be amended as follows:

1. The following changes have been made to the Building Location Sheet – Exhibit 3 and the Pricing Sheet:

HRDC Resources Development Center, 1130 N. 22nd Ave location has been removed

Materials/Training Lab , 1221 N. 21st Ave location has been added

Avondale MVD, 1452 N. Eliseo C Felix Jr Way, Bldg#1602, Avondale has been added

2. This Solicitation’s bid due date has been herby changed to 6/27/2024 at 3pm MST.

3. All other terms, conditions and provisions of this solicitation remain unchanged.

Rev. 05/2023

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM006305

DESCRIPTION: Janitorial Services for Central Arizona Regions

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.

Brett Jones Procurement Officer Phone: 602‐712‐4321 Email: bjones@azdot.gov

This solicitation is issued in accordance with A.R.S. §41‐2533 and A.A.C. R2‐7‐B301 et seq., Competitive Sealed Bidding.

“An Equal Opportunity Agency”

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

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

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

SCOPE OF WORK

Solicitation No: BPM006305 Available online at https://app.az.gov/

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 11

Uniform Terms and Conditions 22

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 39

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 40

3 ‐ Building Information Sheet 41

4 – State of Arizona Region Map 42

5 ‐ Custodial Communication Log 43

6 ‐ Quarterly Contract Usage Report 44

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 Janitorial Services for Central Arizona Regions.

2. Introduction and Background

2.1. The Department has an ongoing need for janitorial services for various locations for Central

Arizona. The locations include the following counties: Maricopa, Gila, and Pinal as referenced in exhibit 4 described as region 4.

3. General Requirements

3.1. The location of the facilities for services scheduled on a weekly basis and other pertinent information; refer to Building Information Sheet (Exhibit 3).

3.2. Region locations are defined on the Region Map (Exhibit 4).

3.3. The service required will be on a weekly scheduled basis per (Exhibit 3). No changes shall be made to the scheduled days of the week unless the change is mutually agreed upon by the Department and Contractor. The change would be made through an official contract amendment completed by the Procurement Officer. The Department reserves the right to add or remove locations as deemed necessary.

3.4. The Contractor shall provide all supplies required to perform the work as outlined in the Scope of Work. Additionally the Contractor shall keep adequate inventory levels of all replacement janitorial supplies stored at the facility. This allows the Department to replace as needed, at each location, when services are not scheduled to be performed.

3.5. The Specific Requirements in section 4 of the Scope of Work are the minimum requirements.

These requirements do not replace or supersede the most current industry standards for materials/chemicals and equipment based on manufacturer’s recommendations.

4. Specific Requirements

4.1. The following required services shall be completed for all scheduled service days and for all office locations listed in Exhibit 3, which includes interior and immediate exterior of buildings:

4.1.1. The Contractor shall sweep all non‐carpeted floors, such as tile and concrete, to include under desks, tables, entrances, stairwells. Moveable items (everything except file cabinets, desks, any large furniture) shall be moved and the Contractor shall sweep underneath these items and return to original position.

4.1.2. The Contractor shall sweep all sidewalks, entry ways, breezeways, outside and inside stairways, steps and porches in and around facilities, within at least 6 ft. of the building.

4.1.3. The Contractor shall mop and disinfectant all waxed and finished floors inside the exterior walls of the building so as not to scratch the finish. All floors will be free of dirt, marks, streaks and standing water. Water and/or solution will not cause any damage/stains to building or Department property. Moveable items (everything except file cabinets, desks, any large furniture) shall be moved and the Contractor shall mop underneath these items and return to original position.

4.1.3.1. Disposal of water buckets: The Contractor shall pour all buckets of water (with disinfectant solution) in floor drain. Do not pour bucket water in any outside drains.

4.1.4. The Contractor shall vacuum all carpeted areas to include along baseboards, corners and under desks. Moveable items shall be moved and the Contractor shall vacuum underneath moveable items and return to original position. Carpeted areas shall be free of loose debris.

4.1.5. The Contractor shall vacuum all entrance/exit mats.

4.1.6. The Contractor shall vacuum all window blinds, drapes and upholstered and non‐ upholstered furniture, including all chairs, sofas and lobby furniture.

4.1.6.1. Carpets/rugs will be vacuumed using equipment recommend by commercial carpet manufacturers’ standards.

4.1.7. The Contractor shall spot clean carpeted areas as necessary. The Contractor shall remove spots and stains as they occur. Clean the area 3‐4 times larger than the stain.

4.1.8. Wipe down & Clean and disinfect areas

4.1.8.1. The Contractor shall clean and disinfect all glass/plexi‐glass partitions, building entry/exit doors (including handles and knobs), all glass/plexi‐glass furniture surfaces, and interior/exterior glass doors, using an appropriate cleaner to leave a streak‐free view.

4.1.8.2. The Contractor shall clean and disinfect all counter tops, furniture, chairs, and cabinets. Cleaning process will not cause any damage/stain/discoloration to Department property.

4.1.8.3. The Contractor shall clean and disinfect to remove smudges, fingerprints, marks and streaks from washable surfaces such as light switches, handicapped buttons, railings, partitions, doors, fixtures, furniture, and walls. Electronic equipment (monitors, telephones, keyboards, copiers, printers, shredders and equipment of similar nature) shall not be cleaned by the Contractor.

4.1.8.4. The Contractor shall clean and disinfect all drinking fountains, including spigot, drain area, and all buttons.

4.1.8.5. The Contractor shall clean and disinfect the outside of appliances such as microwaves and refrigerators located in common break areas and family rooms.

4.1.8.6. The Contractor shall clean all interior wall glass windows, window walls and sidelights, display cases, directory boards, draft shields on windows, mirrors and adjacent trim, using an appropriate cleaner to leave a streak free view.

4.1.8.7. The Contractor shall empty, clean, and disinfect, all cigarette urns and ashtrays, if applicable. (Refill with sand as needed).

4.1.8.8. The Contractor shall wipe clean all chair bases/legs and chair arms, free of dust and dirt.

4.1.9. The Contractor shall empty and disinfect all wastebaskets including trash receptacles by the immediate interior and exterior of the building. Replace plastic liners, as necessary.

Return all baskets to proper positions. All trash shall be removed from the building and emptied into the outside dumpsters. Wastebaskets are not to be removed from any complex. The Contractor also must empty all blue recyclable wastebaskets contents.

Recycle paper shall be deposited in the outside recycle bin(s) as designated by the Office Manager (if applicable). Boxes, cans, and papers placed near a trash receptacle marked "TRASH" shall be removed by the Contractor.

4.1.10. Clean all patio, breezeway, and extended foundation areas, including picnic tables and benches/seating located outside buildings. Contractor will be responsible for supplying the water hose.

4.1.11. Restroom Requirements:

4.1.11.1. The Contractor shall refill all soap, toilet tissue, towel dispensers, seat cover, toilet and urinal bowl deodorizer, deodorant containers, spray deodorizers and urinal tablets. The Department provides batteries for dispensers.

4.1.11.2. Toilet paper requested shall be double ply. Recycled supplies shall not be used for any location.

4.1.11.3. Mirrors, shelves, and miscellaneous fixtures shall be cleaned and disinfected, using appropriate materials that will not damage, degrade, or discolor the fixtures.

4.1.11.4. The Contractor shall clean and disinfect all metal surfaces, dispensers, furniture, walls, and partitions, ensuring they are free of splashes, fingerprints, graffiti, smears and dirt, using an appropriate cleaner to leave a streak free view.

4.1.11.5. Clean and disinfect interior, under side and tops of all countertops, sinks, toilet bowls, toilet seats, urinals, stalls, stall doors and showers. Toilets and urinals shall be flushed after cleaning to rinse.

4.1.11.6. The Contractor shall descale all toilet bowls, urinals and showers as needed.

Use materials that will not cause drain clogging.

4.1.11.7. Clean underneath basins, including hardware, using appropriate materials that will not damage, degrade, or discolor the fixtures.

4.1.12. Dusting Requirements: A properly dusted surface will be free of all dirt, dust, streaks, lint and cobwebs.

4.1.12.1. The Contractor shall perform dusting of shelves to include, ledges, window sills, heating/cooling vents, venetian blinds, handrails, picture frames, hangings, wall ornaments, and woodwork.

4.1.12.2. The Contractor must perform dusting on all desks, chairs, file cabinets, book cases/shelves, tables, baseboards, and similar types of office furniture to include all offices, lobbies and conference rooms. Electronic Office equipment (monitors, telephones, keyboards, copiers, printers, shredders and equipment of similar nature) shall not be dusted by the Contractor. Contractor shall not dust personal items (i.e.

plants, pictures, etc.).

4.2. Floor Cleaning/Carpet Cleaning Service Requirements – These services shall include any and all types of flooring, including, but not limited to: carpet, vinyl composition tile, ceramic/porcelain tile, all types of sealed concrete, wood flooring, etc. Floor cleaning should follow flooring material manufacturers recommended practices. Deep carpet cleaning shall be completed following carpet manufacturers recommended cleaning practices. These cleaning practices should not damage, discolor, or stain any Department buildings property.

4.3. Day Porters Services (If Applicable)

4.3.1. The Day Porter shall have a means of communication, such as cell phone or pager number available to the Office Manager for on call/emergency purposes. The day porter shall be available to each assigned work location during facility business hours and perform any/all services listed within the contract scope.

4.3.2. At a minimum, the Day Porter shall clean all restrooms twice a day (once in the morning and once in the early afternoon), replacing all supplies as needed.

4.4. Equipment and Supplies Requirement:

4.4.1. The Contractor shall furnish all necessary labor, tools, equipment and supplies to perform the required services at the designated locations. For locations with tile floors, the

Contractor shall use a cart with rubber wheels in order to limit noise level of the cart in motion.

4.4.2. Custodial supply areas will be provided by the Department and must be kept in an orderly manner by the Contractor. The space shall be kept free of any odor.

4.4.3. The Contractor shall be fully responsible for any delivery and storage of supplies.

4.4.4. All equipment and supplies shall conform to all Federal, State, Local, EPA, and OSHA Rules and Regulations, with all safety data sheets (SDS) for all cleaning products used on premise located in custodial supply area.

4.4.5. Dispensers may be replaced due to age, functionality, or Department process change.

This equipment shall only be replaced by the Department’s Facility Management Group.

4.5. Security Badges, Gate Codes, and Alarm System

4.5.1. It is the responsibility of the Contractor to be assured that all employees assigned to work are instructed in the operation of the alarm system. The Contractor shall be charged for a false alarm caused by Contractor Employees.

4.5.2. It is the responsibility of the Contractor to contact the Department’s Office Manager at each location to request a new and/or updated badge and gate/alarm code for their employees. Badges and gate codes will expire each year at the contract renewal date and will require Contractor to notify the Department’s Office Manager each year to request renewal of badge and gate code access.

4.5.3. All Contractor employees shall wear identification badges, visible on their person, at all times. The Contractor is responsible to ensure all of their employee’s badges are accurate and renewed/updated upon the renewal of the contract each year.

4.5.4. The Department’s Office Manager and ADOT’s Physical Security Office (PSO@azdot.gov) shall be notified of terminated employees within 24 hours of termination for badge deactivation. The terminated employee’s badges shall be given directly to the Office Manager. All new and/or replacement employees must be issued a new badge. There shall not be any badge sharing or transfers of badges.

4.5.5. The Contractor shall pay a $10 badge replacement fee for each badge that is lost and requiring replacement.

4.5.6. The Contractor shall return all keys to the Office Manager or the designated representative within 24 hours of contract end date. If end date falls on a Friday, weekend or holiday, the next business day shall be applicable.

4.5.7. The Contractor is responsible for making sure at the completion of the job, all lights not being used are turned off and all interior doors are left as found, with all janitorial room doors closed after use.

4.5.8. The Contractor is responsible for making sure that at the completion of the job, all exterior doors are secured before leaving the premises.

4.5.9. The Contractor is responsible for any/all damage or theft that occurs due to janitorial staff not securing the building at the end of their scheduled shift.

4.5.10. In the event of a building door or a door alarm is not working outside of working hours (5pm – 5am Monday through Friday) The Contractor is responsible for contacting ADOT’s Physical Security Office via phone at 602‐712‐7888.

5. Contractor’s Responsibilities

5.1. The Contractor shall perform the work so as to minimize disruption to the normal operation of any household or business at and around the facility location.

5.2. Upon completion of work, the Contractor shall be responsible for cleaning, removing, and/or properly storing all debris, materials, and equipment associated with the work performed at the job site.

5.3. In the event the cleaning staff will not be performing the contracted service on any given day, the Contractor shall contact the Office Manager at least one hour prior to the scheduled shift so the Department is aware and can verify that upcoming invoices do not have charges for day(s) where services are not provided.

5.4. The Contractor shall be responsible for the training of their employees on blood borne pathogens.

ADOT is not responsible for any Contractor employee’s health issues or exposure to pathogens.

5.5. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, and operating standards listed within the contract. The Contractor shall make sufficient routine inspections to insure that all work is being performed as specified.

5.6. The Contractor shall carry on the operation in such a manner that the Contractor does not damage existing grounds, buildings, furniture, landscaping, utilities, highway markers, or other structures. In the event damage occurs to Department property or any adjacent property by reason of any operations performed under this contract, the Contractor shall replace or repair the same at no cost to the State and as directed by the Department.

5.7. The Contractor is responsible for any and all of the contractor’s employees that enter the Department’s facilities. The Contractor and all employees shall not access any areas not permissible to the contractor such as desks, file cabinets, file drawers etc.

5.8. The Contractor’s Supervisor and additional personnel as deemed necessary by the Department or designated representatives shall be literate and fluent in the English language. This is not meant to require that all Contractor personnel speak, read and write English. Most tasks may require only the job supervisor, crew leader or crewmember to speak, read and write English. This requirement is necessary due to the following reasons that include, but are not limited to:

5.8.1. Warnings of emergencies and hazards

5.8.2. Response to law enforcement authorities, ambulance, and other emergencies

5.8.3. Preparation of reports

5.8.4. Communication with Department personnel

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

5.10. In the event that the normal day to clean is a state holiday, the Contractor shall perform the service on the working day PRIOR to the holiday.

5.11. The Contractor shall provide a Janitorial Log Book at each location containing the Custodial Communication Log (Exhibit 5), Building Information Sheet(s) (Exhibit 3), and all safety data sheets (SDS) for all cleaning products used on premise. The Janitorial Log Book shall be in a place specified by the Office Manager. The log shall be used to write down any discrepancies noted by the Office Manager and Contractor. The Contractor shall read the log at the beginning of each shift and enter the date, his/her initials and any comments when the discrepancy is remedied. The Office Manager will initial and date their approval of their work.

5.12. In the event service performed is unsatisfactory or is NOT in accordance with the contract specifications, the Contractor shall, upon notification by the Office Manager, cause the Department facilities to be serviced immediately without additional costs to the Department.

5.13. When providing an offer for a location, all services for that location require an offer, not just a partial bid.

5.14. The Contractor shall not provide any services before a purchase order is provided.

6. Department’s Responsibilities

6.1. The Department reserves the right to add and delete locations as deemed necessary. For additional requirements, refer to Special Terms and Conditions, Section 27.

6.2. The Department reserves the right to request corrections of any service deficiencies that require services immediately without additional cost to the Department.

6.3. The Office Manager shall provide the Contractor a fourteen (14) calendar day notification for any reduction to services currently being utilized.

6.4. In the event of an emergency where an office location is needed to be shut down, the Office Manager shall provide notification to the Contractor immediately via telephone during normal business hours.

6.5. The Office Manager shall conduct all business in a responsible and professional manner.

6.6. The Office Manager or designated individual is responsible for submitting a Vendor Performance Report to the Procurement Officer if issues are not addressed by the Contractor.

6.7. The Office Manager or designated individual shall provide the purchase orders before any work begins.

6.8. The Office Manager will work with Contractor to obtain necessary badges, keys, and any gate codes needed.

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 (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

Any contract resulting from this solicitation 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

● Invoice Number and Date

● 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

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

● Applicable Taxes

● Total Invoice Amount Due

Invoices not sent to the proper address, not containing the necessary and required information, or containing errors requiring correction, 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.

Monthly Invoices shall be submitted at the beginning of the following month after service has been rendered. Payment will only be made for services rendered.

The Department will make every effort to process payment within thirty (30) calendar days after a correct invoice is received. Delivery of the service to the Department does not constitute acceptance. A correct invoice is defined as an invoice containing all required line items that have been identified in the bullet list above, and does not contain any errors or missing information.

Payment due dates, including discount periods, will be computed from the date of correct invoice received to the date the Department’s payment is issued.

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 a contract and shall become effective upon notice through a written contract amendment.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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 provision collectively called “Notices”), shall be in writing and shall be sent by registered or certified United States mail, return receipt requested, postage prepaid, 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 West 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, Chief 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.

14. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

This contract may be cancelled if contractor or any subcontractors or others in the employ or under the supervision of the contractor or subcontractors is found to be in possession of weapons.

Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property.

Further, if the contractor or any subcontractors or others in the employ or under the supervision of the contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S.

§ 13‐1502, "Criminal trespass in the third degree; classification."

15. 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 confirm 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.

16. 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.

17. JANITORIAL / BUILDING MAINTENANCE / CARETAKERS SERVICES

In contracts where the Contractor is providing janitorial, building maintenance or caretaker services to the State of Arizona, they may be responsible for keeping a "master key" to the property. In the event that the Contractor loses the master key, this coverage will pay the expense to have the building "re‐keyed.” Final payment will be withheld until assigned keys for location(s) have been returned to the office manager.

18. 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 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.

19. INSURANCE

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the Department. Certificate(s) shall be received within Three (3) calendar days of notification of contract award by the Procurement Officer.

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

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

A. MINIMUM SCOPE AND LIMITS OF INSURANCE:

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

1. Commercial General Liability (CGL) – Occurrence Form

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

● General Aggregate $2,000,000

● Products ‐ Completed Operations Aggregate $1,000,000

● Personal and Advertising Injury $1,000,000

● Damage to Rental Properties $50,000

● Each Occurrence $1,000,000

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

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

c. The policy shall be endorsed to include master key coverage.

d. Policy shall be endorsed to include coverage for Broad Form Property

Damage.

2. BUSINESS AUTOMOBILE LIABILITY

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

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

a. Policy shall be endorsed to include by this written agreement, to include the

State of Arizona, 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.

3. WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY

● 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, Department of Transportation, its departments, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

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

B. ADDITIONAL INSURANCE REQUIREMENTS:

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

1. The Contractor’s policies, as applicable, shall stipulate that the insurance afforded by 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, as provided by A.R.S. § 41‐621 (E).

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

C. 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).

D. 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.

E. 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.

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.

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.

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.

F. 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 the Contract, proof from the Contractor that its subcontractors have the required coverage.

G. 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.

H. EXCEPTIONS:

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

20. 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 Quarterly Contract Usage Report (Exhibit 5). 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

21. KEY PERSONNEL

The Contractor hereby agrees that any of its employees who may be assigned to the Department buildings to satisfy Contractor's obligations under this Contract shall be used exclusively for that purpose during the hours when they are working in areas covered by this contract and shall perform no other custodial work at the Department facilities.

Should a Contractor’s employee call in sick to the Contractor or not come into work, the Contractor shall provide a temporary replacement with the proper Department badging and/or keys to complete the required work.

Any terminated employees must be reported to the Office Manager within twenty‐four (24) hours.

Any employee who has been prohibited from working at a Department facility because of breach of trust cannot be assigned to any other Department facility.

Any employee found guilty for theft or Department property destruction shall be subject to fines, restitution, lawsuit, and/or imprisonment.

22. REMOVAL OF CONTRACTOR'S EMPLOYEES

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 persons or property or whose continued employment under this contract is inconsistent with the Department.

23. 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.

24. EMPLOYEES OF THE CONTRACTOR

No one except authorized employees of the Contractor is allowed on the premises of the Department buildings. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, pets, or any person unless said person is an authorized employee of the Contractor. Under no circumstances are minor children to be allowed on State property in the course of the Contractor’s work schedule.

All of the Contractor’s employees shall wear identification badges, visible on their person, at ALL times. Any Contractor’s company uniforms worn shall bear an easily visible company name or logo on the front and/or back while on ADOT property. Uniforms are not to be dirty, stained, or torn. Employees shall not wear colors or clothing associated with gangs. Open‐toed shoes, shorts above the knee, skorts, skirts, dresses, and hats without the Contractor’s logo are not acceptable.

25. RESTRICTIONS

Minimum age of janitorial workers shall be sixteen (16) years. Any workers under eighteen (18) years of age shall observe evening hour limitation designated by law.

Contractor’s employees with felony convictions are precluded from performing under this agreement.

26. ENVIRONMENTAL QUALITY

Contractor is required to comply with all applicable standards, orders or requirements issued under Section 206 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (22 U.S.C. 1268), Executive Order 11728 and Environmental Protection Agency regulations (40 CFR Part 15) or most current. Violations shall be reported to the Arizona Department of Environmental Quality and U.S.E.P.A. Assistant Administrator Enforcement (EN‐229). Any fines, penalties, etc., regarding Environmental violations will be the sole responsibility of the contractor.

27. ADDITIONS OR DELETIONS

The Department reserves the right to add or remove work locations during the course of the contract. Courtesy inspections on buildings shall be requested by the Department or Contractor (no charge shall be incurred).

Pricing for additional work locations to the contract shall be mutually agreed to by the Department and the Contractor. Pricing proposed shall be relative to the existing contract prices. A contract amendment shall be issued for each work location addition/deletion.

For work location renovation, the Department is requesting a price “per square foot”. This rate will be used to compute the new monthly rate if the building is renovated and has more or less square footage.

For initial cleaning or additional services outside the routine requirements the Janitorial Rate for additions “per square foot” should be used.

28. POST AWARD MEETING

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.

UNIFORM TERMS AND CONDITIONS

1. Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “Attachment” means any item the Solicitation which requires the Offeror to submit as part of the Offer.

1.2. “Contract” means the combination of the Solicitation, including the Instructions to

Offerors, the Uniform and Special Terms and Conditions, and the Specifications and

Statement or Scope of Work; the Offer and any Best and Final Offers; and any

Solicitation Amendments or Contract Amendments.

1.3. "Contract Amendment" means a written document signed by the Procurement

Officer that is issued for the purpose of making changes in the Contract.

1.4. “Contractor” means any person who has a Contract with the State.

1.5. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

1.6. “Days” means calendar days unless otherwise specified.

1.7. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the

Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the

Scope of Work after contract award.

1.8. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.9. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.10. “Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.11. “Services” means the furnishing of labor, time or effort by a Contractor or

Subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

1.12. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the

Contract.

1.13. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

1.14. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Materials or any Services required for the performance of the Contract.

1.15. “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the State.

2. Contract Interpretation

2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona

Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.

2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the

Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Special Terms and Conditions;

2.3.2. Uniform Terms and Conditions;

2.3.3. Statement or Scope of Work;

2.3.4. Specifications;

2.3.5. Attachments;

2.3.6. Exhibits; then

2.3.7. Any other documents referenced or included in the Solicitation including, but not limited to, any Bid or Offer documents provided by the Contractor that do not fall into one of the above categories.

2.4. Relationship of Parties.