CTR073892_Contract_Documents.pdf

Procurement

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson Street Phoenix, AZ 85007

Solicitation Amendment Summary SOLICITATION NO.: BPM006413 AMENDMENT NO.: One (1) DESCRIPTION: Construction of ADOT Keams Canyon Truck Barn, Office Building

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. Solicitation Requirements, General Requirements, section 3.1 Work Details revised to read as follows

3.1.1 This work area is located in Native American Tribal Communities. The contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the tribal community or reservation.

3.1.2 Construction includes but is not limited to construction of Civil, Structural, Architectural, Mechanical, Electrical, Plumbing, Fire Alarm System as required by code and will require a deferred submittal to the Fire Marshall. Refer to Construction Documents, Exhibit 4 and Supplemental Structural Calculations, Exhibit 5.

3.1.3 New moveable furniture, Audio‐visual equipment, IT Equipment, Security equipment is referenced in drawings, but is not included in the Contractor’s Scope of Work.

These items will be coordinated separately by ADOT.

2. Solicitation bid due date has been extended to Tuesday, September 17, 2024 at 3:00PM Arizona Mountain Standard Time.

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

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM006413

DESCRIPTION: Construction of ADOT Keams Canyon Truck Barn, Office Building

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.

Stacy Wiesner Procurement Officer Phone: 602.712.6939 Email: swiesner@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.

Rev. 05/2023

TABLE OF CONTENTS

Solicitation No: BPM006413 Available online at https://app.az.gov/

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 9

Uniform Terms and Conditions 20

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 74

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 75

3 ‐ Safety Program Plan Requirements 76

4 ‐ Construction Documents Attached in APP

5– Supplemental Structural Calculations Attached in APP

6 ‐ Soil Reports Attached in APP

7 ‐ Sample Construction Contractor Agreement Attached in APP

SCOPE OF WORK

Solicitation No: BPM006413 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 construction services for a new truck barn and office building in Keams Canyon, Arizona.

2. Introduction and Background

2.1. The new truck barn will be construction within an existing ADOT Maintenance Yard 5.32 acre site.

2.2. The ADOT maintenance yard is located at MP 401.9 Hwy 264 Keams Canyon, Arizona 86034.

2.3. The truck barn is a single story 5,322.5 square feet (sq.ft.) masonry and metal building.

2.3.1. Base Bid: The base bid includes complete construction of new truck barn, restroom, offices, kitchenette, and several other shared multi‐function spaces per the Construction Documents, Exhibit 4.

2.4. Soil reports, Exhibit 6 are for informational purposes.

3. General Requirements

3.1. Work Details

3.1.1. This work area is located in Native American Tribal Communities. The contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the tribal community or reservation.

3.1.2. Construction includes but is not limited to construction of Civil, Structural, Architectural, Mechanical, Electrical, Plumbing, Fire Alarm System as required by code and will require a deferred submittal to the Fire Marshall. Refer to Construction Documents, Exhibit 4 and Supplemental Structural Calculations, Exhibit 5.

3.1.3. New moveable furniture, Audio‐visual equipment, IT Equipment, Security equipment is referenced in drawings, but is not included in the Contractor’s Scope of Work. These items will be coordinated separately by ADOT.

3.2. Time for Completion

3.2.1. All work must be totally completed and Department moved in within fourteen (14) months after the Notice to Proceed letter is issued.

3.3. Occupancy

3.3.1. The maintenance yard will continue to be fully operational during all phases of construction and the Contractor shall coordinate with the Yard Supervisor to maintain full

Solicitation No: BPM006413 Available online at access to all areas of the yard needed for the construction of the project.

3.3.2. The truck barn and office spaces will be developed to the ADOT standard level of quality for interior offices, and conform to ADOT space standards.

Solicitation No: BPM006413 Available online at

3.3.3. All Americans with Disabilities Act of 1990 (ADA) standards will be adhered to in the new designs.

3.4. The Contractor shall furnish all necessary labor, tools, equipment, materials, supplies, utilities, water, material hauling and proper personal protective equipment (PPE) for all of the Contractor’s employees to complete this project.

3.5. All service work performed by the Contractor shall be to a professional standard, performed in a neat and workmanship manner, meeting all required municipal building codes, and susceptible to Department staff inspection and approval.

3.6. The Contractor shall perform the work with minimum disruption to the building facilities and traffic flow on‐site. The Contractor shall coordinate with the Department On‐Site Supervisor on areas where work is to take place and provide all necessary fencing, and safety operations as required.

4. Specific Requirements

4.1. The Contractor shall have a minimum of five (5) years’ experience in commercial or public sector constructions projects.

4.2. Subcontractors shall possess a current active license in their respective trades with experience in commercial or public sector construction projects.

4.3. After contract award, the Department and Contractor shall adhere to the executed Construction

Contractor Agreement, Exhibit 7.

4.4. Brand Name Only

4.4.1. This is a Brand Name only specification, as set forth under A.A.C. R2‐7‐403(A) of the Arizona Procurement Code. The supplies/products in this Invitation for Bid that have been identified as Brand Name only will only fulfill the Department’s needs.

4.4.2. The Department has determined the following proprietary Brand Name only parts/products are required for the following items:

Item Manufacturer – Brand Name

Flooring, Carpet Tile Mannington Commercial – Palma 2 Collection

Flooring, Carpet Tile Mannington Commercial – Color Anchor Collection

Flooring, Carpet Tile J+J Flooring Group – Kinetex Timber Collection

Flooring, Tile DalTile – Ironcraft Collection

Solicitation No: BPM006413 Available online at

Tile DalTile – Phosphor Collection

Tile, Metal Trim Schluter ‐ Rondec

Tile, Metal Trim Schluter ‐ Finec

Tile, Metal Trim Schluter – Dilex EHK

Wall Base, Rubber Johnsonite – Basework Collection

Countertops Dupont Corian Solid Surface

Countertops Dupont Zodiaq Quartz

Plastic Laminate Wilsonart ‐ HPL

Acoustic Ceiling Tile USG – Radar Collection

Acoustic Ceiling Tile Armstrong Ceilings – Kitchen Zone Collection

Interior Signage SierraSigns

Door Hardware, Locksets/Keyways

Stanley – Best 9K Series

Sound Masking Atlas

4.5. Brand Name or Equivalent

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

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

Item Manufacturer – Brand Name

Paint Dunn Edwards Paint Modern Masters Metallic Paint

Toilet Partitions Bradley, Bradmar Collection

Epoxy Flooring Key Resin

Solicitation No: BPM006413 Available online at

VCT Flooring Armstrong Flooring

Suspended Ceiling Trim Armstrong Ceilings, Axiom Trim

Wood Doors VT Industries

Door Hinges Stanley

Door Rim Panic Device Von Durpin

Door Closer LCN

Door Stops Rockwood

Door Push/Pull Rockwood

Door Protection Plate Rockwood

Door Seals Pemko

Door Bolts Ives

Sealant USG, Spectrum

AED Cabinet AED Everywhere

Light Fixtures Lithonia

Toilets American Standard w/Sloan Flush Valve

Urinals American Standard w/Sloan Flush Valve

Lavatory Sinks Kohler

Lavatory Faucets Moen

Floor Drain Zurn

Drinking Fountain Elkay

Kitchen Sink Elkay w/American Standard Faucet

Hose Bib Woodford

5. Contractor’s Responsibilities

Solicitation No: BPM006413 Available online at

5.1. The Contractor shall cooperate fully with the Department and the Department Representative, Arizona counties, municipalities and local government officials, and all such others as may be required in the performance of this contract. This shall include attendance at meetings, discussions, and hearings, as may be required; presentation of data, as may be requested from time to time by the Department to effect such cooperation; and compliance with all directives issued by the Department.

5.2. Upon contract award, the Contractor shall submit in writing a project timeline and schedule detailing all work to be completed under the contract. This timeline and schedule shall be provided to the Project Manager Department Representative before or at the pre‐construction meeting.

5.3. The Contractor will incorporate tasks into the schedule that will be completed by ADOT retained vendors. This will be updated weekly and include percentage complete anticipated and percentage completed actual data.

5.4. The Contractor will provide daily Project/Construction Status Reports to the Department and the

Department Representative. Reports to include be not limited to: written description of work performed through the week, percentage of overall project completion and photographs of construction progress.

5.5. The Contractor will host two (2) monthly Project Construction Status meetings one (1) on site in person and one (1) virtual meeting. The Contractor to provide meeting minutes to the Department and the Department Representative within forty‐eight (48) hours of construction meeting.

5.6. The Contractor shall provide qualified non‐working site construction superintendents to oversee daily operation of each job sites. The Contractor’s superintendent shall be assigned to one specific job site and shall be present at that site each work day to manage all activities at all times for that site.

5.7. The Contractor’s Superintendent shall have sufficient non‐working experience as a Superintendent in commercial and public sector constructions projects. The Contractor shall provide the Superintendent’s information and experience after contract award for the Department to review and approve.

5.8. Once approved by the Department, the Contractor shall not replace the assigned non‐working site construction Superintendent, at any job site under this contract without the advance written approval of the Project Manager.

5.9. The Contractor shall provide all materials and equipment as required to perform work. The Contractor shall not use the Department’s materials or equipment.

5.10. Every day, upon completion of work, the Contractor is responsible for cleaning and removing from the job site all debris; storing, in designated areas, materials and equipment associated with the work performed.

Solicitation No: BPM006413 Available online at

5.11. The Contractor shall restore all disturbed areas to the original condition.

5.12. The Contractor shall be responsible for construction safety, including maintaining a safe working environment for building occupants. Maintain unobstructed and delineated entrance/egress to and from building, including emergency exit routes (location and widths as applicable to building occupancy), throughout construction period.

5.13. The Contractor shall comply with the Social Security Act, Worker’s Compensation laws and

Unemployment Laws of the State of Arizona as well as all local, State and Federal legislation, rules and regulations relevant to the Contractor’s business and the performance of all duties associated with loading, hauling, unloading, and stockpiling material services.

5.14. The General Contractor shall provide construction cores on all door hardware.

5.15. The Contractor shall provide the Department with a copy of the safety plan, silica plan and the company’s safety manual. The safety plan shall comply with the requirements of OSHA and the State Occupational Safety Standards. Refer to Exhibit 3, Safety Program Plan Requirements.

5.16. Provide all safeguards, safety devises and protective equipment, and take any other needed actions necessary to protect the life and health of employees on‐the‐job, the safety of the public, and to protect state property in connection with the performance of the work covered by the contract.

6. Department’s Responsibilities

6.1. The Department or Department Representative shall perform periodic inspections to ensure compliance with contract requirements.

6.2. The Department or Department Representative shall decide all questions that may arise as to the acceptability of any work performed under the contract.

6.3. The Department or Department Representative shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits. If deficiencies are noted, a copy of the completed deficiency report will be furnished to the Contractor.

6.4. The Department or Department Representative reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards.

SPECIAL TERMS AND CONDITIONS

Solicitation No: BPM006413 Available online at

1. Contract Term

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

2. Contract Extension

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of twelve (12) 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 and Payment

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Servcie

Solicitation No: BPM006413 Available online at

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. 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.

8. 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.

9. Warranty

The warranties shall be in accordance with Exhibit 4, Construction Documents. If not specified in Exhibit 4, the warranty period on workmanship and materials shall be based on a minimum of twenty‐four (24) months from the time of acceptance by the Department.

10. Guarantee

A written guarantee shall be furnished on the Contractor’s letterhead signed by the Contractor providing the following at no cost to the Department.

Solicitation No: BPM006413 Available online at

Within one year after the date of substantial completion, any of the materials or work found to be defective, not in accordance with the contract documents, or not in accordance with the local, State or national codes, shall be corrected by the Contractor at no cost to the Department. Notice of a defect shall be made in writing.

During the guarantee period and upon discovery of a defect, the Department may make temporary emergency repairs required for the protection of the building and its contents without invalidating the guarantee. Immediate notice of such temporary emergency repairs shall be sent to the Contractor. The Contractor shall visit the site and approve or augment the temporary emergency repairs performed by the Department. The cost of the of the temporary emergency repairs shall be paid for by the Contractor.

11. Contract Administration

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

12. 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.

13. Cancellation for Possession of Weapons on ADOT Property

Solicitation No: BPM006413 Available online at

The Contractor or any subcontractors are prohibited from having weapons in their possession or on their person within the building. Weapons shall be stored securely, consistent with A.R.S. § 13‐ 3118, in the Contractor’s or any subcontractor’s vehicle if there are no storage amenities available at the ADOT facility. 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 except in the manner stated above.

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.”

14. 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.

15. 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.

16. Indemnification Clause

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

Solicitation No: BPM006413 Available online at 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 subcontractor(s) is/are an agency, board, commission or university of the State of Arizona.

17. Insurance Requirements

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

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, 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, and broad form contractual liability coverage.

General Aggregate $2,000,000

Products – Complete Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $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, Solicitation No: BPM006413 Available online at 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, 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.

2. Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or nonowned 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, work performed by or on behalf of the Contractor.

3. Workers’ Compensation and Employers’ Liability

Workers’ Compensation Statutory

Employers’ Liability Each Accident $1,000,000

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

a. Policy shall contain a waiver of subrogation endorsement, 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.

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 from (Sole Proprietor or Independent Contractor).

4. Contractors Pollution Liability

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

Per Occurrence $1,000,000

Solicitation No: BPM006413 Available online at

General Aggregate $2,000,000

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

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

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

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

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

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

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

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

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

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

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

l. The policy shall include non‐owned disposal site coverage.

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

n. The policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, work performed by the Contractor.

B. Additional Insurance Requirements

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

Solicitation No: BPM006413 Available online at

a. 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).

b. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of the 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 Arizona Department of Transportation, Procurement Group, 1655 W.

Jackson Street, Phoenix, Arizona 85007‐3276.

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. All certificates required by this contract shall be sent directly to the Department. The certificate shall state the insurance applies to any and all work performed for or on behalf

Solicitation No: BPM006413 Available online at of the State of Arizona/ADOT. The State of Arizona reserves the right to require complete copies of all insurance policies required by this contract at any time.

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 Modification

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverage, 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 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.

18. Key Personnel

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

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

19. Licenses, Permits and 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.

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20. Payment Bond

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

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

All payment bonds must be executed on a form substantially equivalent to Exhibit 7. Sample Construction Contractor Agreement – Exhibit N: Arizona Statutory Payment Bond.

21. Performance Bond

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

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

All performance bonds must be executed on forms substantially equivalent to Exhibit 7. Sample Construction Contractor Agreement – Exhibit O: Arizona Statutory Performance Bond.

22. Subcontractors

It is essential that the Contractor provides adequate experienced subcontractors, capable of and devoted to the successful accomplishment of work to be performed under this contract.

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

23. 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.

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24. 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.

25. Liquidated Damages

Failure of Construction Contractor to complete the Work within the time specified in the Contract, Including any and all properly authorized extensions of time, will result in damages to the Agency with regard to occupancy, operations, and the specific benefits of public services, that are hereby communicated to the Construction Contractor and contemplated by the Construction Contractor as nullifying the inherent benefit of Agency’s contractual bargain. Accordingly, as such damage is difficult to specify and formulate, Agency and Construction Contractor agree that Construction Contractor shall pay to Agency per day as liquidated damages for each calendar day the Work remains incomplete beyond the date fixed for Substantial Completion as listed in the following Schedule of Liquidated Damages:

Original Contract Amount

From More Than: To and Including: Calendar Day or Fixed Date:

$ 0 $ 100,000 $ 350

100,000 500,000 490

500,000 1,000,000 840

1,000,000 2,000,000 910

2,000,000 5,000,000 1,190

5,000,000 10,000,000 1,540

10,000,000 ‐‐‐‐‐ 2,380

Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Construction Contractor’s performance under the Contract for matters other than delays in Completion.

26. Post Award

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

Solicitation No: BPM006413 Available online at

TABLE OF CONTENTS:

Invitation for Bid

1) ....... DEFINITION OF TERMS

1.1. Acceptance

1.2. Additional Work

1.3. Agency

1.4. Agency Designated Representative

1.5. Allowance

1.6. Application for Progress Payment

1.7. Application for Final Payment

1.8. Arizona Procurement Code; A.R.S., A.A.C

1.9. Arizona TPT

1.10. As‐builts

1.11. Attachment

1.12. Basic Work

1.13. Bidding Documents

1.14. Building Work

1.15. Change Order

1.16. Change Order Request

1.17. Close Out Documents

1.18. Conditional Waiver of Lien

1.19. Construction

1.20. Construction Contract

1.21. Construction Contractor

1.22. Construction Documents

1.23. Contingency

1.24. Contract

1.25. Contract Amendment

1.26. Contract Cost

1.27. Contract Terms and Conditions

1.28. Contractor

1.29. Contractor Indemnitor

1.30. Cost

1.31. Day

1.32. Design Change Notice

1.33. Design Professional

1.34. Design Professional Services

1.35. Design Requirements

1.36. Drawings

1.37. Estimated Project Construction Cost

1.38. Excusable Delay

1.39. Exhibit

1.40. Field Order Directive

1.41. Final Completion

1.42. Final Completion Certificate

1.43. General Conditions of Contractor

1.44. Gratuity

1.45. Hazardous Waste; Release

1.46. Hazardous Substance

1.47. Hazardous Waste

1.48. Indemnified Basic Claims

1.49. Instructions to Offerors

1.50. Materials

1.51. Negotiation

1.52. Notice to Cure

1.53. Notice to Proceed

1.54. Offer; Best and Final Offer (BAFO)

1.55. Payment Bond

1.56. Performance Bond

1.57. Person

1.58. Preconstruction Services

1.59. Procurement Officer

1.60. eProcurement System (APP)

1.61. Product Data

1.62. Project

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1.63. Punch List

1.64. Record Documents

1.65. Request for Information

1.66. Reimbursable Expenses

1.67. Samples

1.68. Schedule

1.69. Schedule of Values

1.70. Scope of Work

1.71. Secure Locations

1.72. Services

1.73. Shop Drawings

1.74. Site

1.75. Solicitation; Solicitation Documents

1.76. Special Terms and Conditions

1.77. Specification

1.78. State

1.79. State Indemnitees

1.80. State Fiscal Year

1.81. Stipulated Sum (Fixed Price/Lump Sum)

1.82. Subconsultant

1.83. Subcontract

1.84. Subcontractor

1.85. Submittal Register

1.86. Substantial Completion

1.87. Unconditional Waiver of Lien

1.88. Uniform Terms and Conditions

1.89. Unit Price Work

1.90. Work

1.91. Work Progress Schedule

2.0 ..... Contract Interpretation

2.1 Arizona Law

2.2 Contract Order of Precedence

2.3 Implied Terms

2.4 References to Statute

2.5 Usage

2.6 Independent Contractor

2.7 Severability

2.8 Complete Integration

2.9 No Waiver of Rights

3.0 ..... Contract Administration and Operation

3.1. Term of Contract

3.2. Contract Extensions

3.3. Notices and Correspondence

3.4. Contractor Performance Evaluation

3.5. Signing of Contract Amendments

3.6. Click‐Through Terms and Conditions

3.7. Books and Records

3.8. Contractor Licenses and Registration

3.9. Ownership of Intellectual Property

3.10. Inspection and Testing

3.11. Subcontracts

and Subconsultants

3.12. Non‐Discrimination

3.13. E‐Verify Requirements

3.14. Offshore Performance of Certain Work Prohibited

3.15. Other Contractors

3.16. Work on State Premises

3.17. Background Checks

3.18. Advertising, Publishing and Promotion of Contract

4.0 ..... Costs and Payments

4.1. Additional Work

4.2. Applicable Taxes

4.3. Application for Payment, Construction Contractor

4.4. Automated Clearing House

4.5. Availability of Funds

4.6. Contract Payment Retention

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4.7. Final Completion and Payment

4.8. Delay

4.9. Equipment Rental

4.10. Interest

4.11. Payment and/or Application for Payment

4.12. Project Suspension by Agency

4.13. Recovery of Overpayment

4.14. Reimbursable Expenses

4.15. Scrap or Surplus Material

4.16. Standard Hourly Rate Basis for Work

4.17. Stipulated Sum (Fixed Price/Lump Sum) Basis for Work

4.18. Notification of Payments

5.0 ..... Contract Changes

5.1. Assignments and Delegation

5.2. Contract Amendments

5.3. Unauthorized Contract Amendments or Orders are Void

5.4. Change Orders

5.5. Field Order Directive

5.6. Minor Changes in the Work

5.7. Claims

6.0 ..... Risk and Liability

6.1. Risk of Loss

6.2. Basic Indemnification

6.3. Patent and Copyright Indemnification

6.4. Force Majeure

6.5. Performance in Public Health Emergency

6.6. Safety Standards

6.7. Third Party Antitrust Violations

7.0 ..... Warranties

7.1 Liens

7.2 Guarantees and Warranties

7.3 Contractor Personnel

7.4 Intellectual Property

7.5 Compliance with Laws

7.6 100% Construction Documents

7.7 Contracted Work, Errors and Omissions

7.8 Licenses and Permits

7.9 Operational Continuity

7.10 Pandemic Contractual Performance

7.11 Lobbying

7.12 Survival of Warranties

7.13 Waiver of the Statute of Repose

8.0 ..... State's Contractual Remedies

8.1 Agency’s Right to Carry Out the Work

8.2 Consequential Damages

8.3 Nonconforming Tender

8.4 Non‐exclusive Remedies

8.5 Right to Assurance

8.6 Right of Offset

8.7 Stop Work Order

9.0 ..... Contract Termination

9.1 Agency Failure to Perform

9.2 Gratuities

9.3 Notice to Cure

9.4 Rights to Work Project

9.5 Suspension or Debarment

9.6 Termination for Conflict of Interest

9.7 Termination for Convenience

9.8 Termination for Default

9.9 Work Performance Continuation Required

10.0 ... Contract Claims

10.1 Claim Resolution

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10.2 Mandatory Arbitration

11.0 ... Construction Contractor Responsibilities

11.1 Acceptance of Work

11.2 Additional Work

11.3 Allowances

11.4 As‐Built Drawings

11.5 Automatic Temperature Control Design

11.6 Background Check

11.7 Bonds, Payment and Performance

11.8 Clean Up of Site

11.9 Compliance with Codes

11.10 Contractor Control of Site

11.11 Cooperation and Coordination

11.12 Schedule

11.13 Construction Cost Control

11.14 Construction Safety

11.15 Construction Meetings

11.16 Correction of Defects and Non‐Compliant Work

11.17 Corrective Action Required

11.18 Cutting and Patching

11.19 Contractor Agreements, Communication

11.20 Energy Efficiency

11.21 Examination of Site

11.22 Forced Substitutions

11.23 Hazardous Materials, Substances, or Waste

11.24 Inclement Weather Day

11.25 Inspection and Material Testing

11.26 Key Personnel

11.27 Labor and Materials

11.28 Liquidated Damages

11.29 Meeting Minutes

11.30 Observations

11.31 Pre‐Bid Conference Site Visit

11.32 Preconstruction Conference

11.33 Project Close Out

11.34 Proprietary Specifications

11.35 Recalls

11.36 Recovery of Work Effort

11.37 Record Documents

11.38 Requirements at Location

11.39 Returns

11.40 Schedule of Values

11.41 Shop Drawings, Product Data and Samples

11.42 Special Inspections and Testing

11.43 Statutory Review

11.44 Structural, Mechanical, Electrical, Calculations

11.45 Submittal Register

11.46 Substantial and Final Completion

11.47 Substitution of Material or Equipment

11.48 Supervision and Project Administration

11.49 Surplus of Materials Purchased

11.50 Survey Reference Points

11.51 Training

11.52 Transition

11.53 Unknown, Unforeseen, or Concealed Conditions

11.54 Utilities

11.55 Utility Shut Down and Start‐Up

12.0 ... Agency Responsibilities

12.1 Access to Work Site

12.2 Accuracy of Information

12.3 Errors or Omissions

12.4 Site Information

12.5 Communications

12.6 Contractor Agreements, Related Construction

12.7 Promotional Materials

12.8 Substitutions of Material

12.9 Timely Review

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13.0 ... Data and Information Handling

13.1 Applicability

13.2 Data Protection and Confidentiality of Information

13.3 Personally Identifiable Information

13.4…