CTR074476_Contract_Document.pdf

Docusign Envelope ID: 05C82C4D-2D46-4F9A-9504-6993BA06E055

1st 24November

11/1/2024

CTR074476

Rev. 05/2023

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM006230

DESCRIPTION: Water Wastewater Inspection and Testing Services

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

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Gary Henry Procurement Officer Phone: 602‐712‐7304 Email: ghenry@azdot.gov

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

“An Equal Opportunity Agency”

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

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602) 712‐7466.

Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

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

TABLE OF CONTENTS

Solicitation No: BPM006230 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 20

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 33

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 34

3 ‐ ADOT Sampling Map 35

4 ‐ Variety of Systems Photos 36

5 ‐ ADOT Public Water systems 40

6 ‐ Monthly Water Inspection Report 41

7 ‐ Monthly Wastewater Inspection Report 43

8 ‐ Article 1, consisting of Sections R18‐5‐101 through R18‐5‐115, recodified from R18‐4‐101 through R18‐4‐115 (Supp. 95‐2) 45

9 ‐ ADOT Usage Report 54

SCOPE OF WORK

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41‐2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Water and Wastewater Inspections and Testing Services.

2. Introduction and Background

2.1. Water and Wastewater Inspections and Testing Services are needed to ensure the overall safety, efficiency, and operation of the Department’s water and wastewater treatment facilities. Water and wastewater systems require observation to ensure effective operations.

2.1.1. The Department manages water systems comprised of small diameter wells ranging from 6 to 8‐inch, depths from 70 to 1600‐feet deep, with submersible well pumps delivering 1 to 50‐ gallons per minute (GPM) with daily average flows from less than 100 to 4000 gallons per day.

Each water facility is equipped with water storage tanks ranging from 20‐gallon bladder tanks, to above ground water reservoirs, ranging in size from 3,000 to 1,400,000‐ gallons capacity.

The water systems operate under The Arizona Department of Environmental Quality (ADEQ) rules and regulations.

2.1.2. The primary wastewater treatment systems comprised of septic tanks ranging in size of less than 1,000 to 20,000‐gallon capacity, ponds ranging in size from 20,000 to 2 million gallons, Evaporation Transpiration (ET) systems, and septic fields.

2.2. The Department’s facilities consist of the following:

2.2.1. 3 Consecutive Community Water System 17 Non‐Community Water Systems 1 Non Transient Non‐Community Water System 35 Septic Tanks (Gallons per Day (gpd) >2000 <20000) facilities 15 Wastewater septic tanks 500 or 1000‐gallon capacity

2.2.2. The Department reserves the right to increase or decrease the number of equipment and facilities identified in section 2.2.1., and as referenced in Exhibits Three (3) through five (5).

3. General Requirements

3.1. The Contractor shall provide: remote certified operators to support certified water and wastewater inspections and water testing services statewide. The Contractor shall provide all necessary vehicles, tools, equipment, supplies, materials, and required Department and regulatory reporting, in order to safely, effectively, and efficiently all Department potable water and wastewater treatment facilities.

3.2. The Contractor shall ensure that all Department water and wastewater facilities are inspected to ensure compliance with all applicable regulatory requirements that apply to potable water systems to include sampling, laboratory analysis, and all required regulatory reporting.

3.3. The Contractor shall have sufficient resources needed to provide the required services. The Contractor’s remote operator(s) shall reside no more than 200 miles by ground travel from any facility the remote operator serves in accordance with Arizona Department of Environmental Quality (ADEQ) Article 1, consisting of Sections R18‐5‐101 through R18‐5‐115, recodified from R18‐4‐101 through R18‐ 4‐115 (Supp. 95‐2). See Exhibit Eight (08).

3.4. The Department shall only pay for ADEQ certified laboratory analysis costs between the Contactor and the approved subcontracted certified laboratory. Multiple certified state approved laboratories for testing requirements are acceptable.

4. Specific Requirements

4.1. Regulatory Compliance:

4.1.1. The Contractor shall ensure all Department water systems and facilities are inspected, maintained, and reported on in accordance with Arizona Department of Environmental Quality (ADEQ) Article 1, consisting of Sections R18‐5‐101 through R18‐5‐115, recodified from R18‐4‐101 through R18‐4‐115 (Supp. 95‐2), Exhibit Eight (08), and regulatory requirements, to include compliance with Department, federal, state, county, and local laws/regulations.

4.1.2. The Contractor shall ensure Wastewater systems and facilities are inspected and reported on in accordance with Arizona Department of Environmental Quality (ADEQ) Article 1, consisting of Sections R18‐5‐101 through R18‐5‐115, recodified from R18‐4‐101 through R18‐4‐115 (Supp. 95‐2), Exhibit Eight (08), and regulatory requirements, to include compliance with Department, federal, state, county, and local laws/regulations.

4.1.3. Additional protocols may be mandated based on Department or facility operating procedure (i.e., standard operating procedures). Changes made by the Department can change the operations to individual systems.

4.2. Compliance Activities:

4.2.1. When requested by the Department, the Contractor shall represent the Department’s interest during ADEQ inspections and/or meetings. Prior to scheduling any activities, inspections or meetings with ADEQ, the Contractor shall notify the Department contract representative for approval five (5) business days prior. This also pertains to inspections or meetings with other state, county, or local agencies.

4.2.2. The Contractor shall collaborate with the Department and ADEQ in resolving regulatory, or compliance issues.

4.2.3. The Contractor shall prepare correspondence to ADEQ and/or other regulatory agencies for review and approval by the Department prior to distribution. The Department is to be copied on all Correspondence related to this Scope of Work.

4.2.4. The Contractor shall prepare correspondence to ADEQ and/or other regulatory agencies for review and approval by the Department prior to distribution. The Department is to be copied on all Correspondence related to this Scope of Work.

4.2.5. The Contractor shall be responsible for the payment of fines and/or penalties levied against the Department by any regulatory agency having jurisdiction, as a result of acts or omissions of the Contractor. This will also include site deficiencies such as, use of non‐approved chemicals; and any lack of site records.

4.2.6. There may be areas within a facility with restricted access; the Contractor shall contact the Department to schedule a date and time the Contractor plans to be at the facility.

4.2.7. While performing and upon completion of services, the Contractor shall be responsible for ensuring the Department’s property is secured.

4.2.8. The Contractor shall have business licenses in Arizona and all operators shall have an Arizona Operator License.

4.2.9. All Contractor vehicles and equipment shall be clearly marked identifying the Contractor name.

4.2.10. All Contractor employees shall wear a clearly visible State issued identification badge and company labeled safety vest with company information clearly visible when performing service on the Department’s property. Identification badges will need to be coordinated through the Department with required verification and document of Transportation Physical Security Office once the proper required verification and documents are provided to the Department by the Contractor.

4.2.11. The Contractor shall use forms, documents, and reports required by regulatory or contract requirements and provide draft formats of all non‐regulatory or non‐contract documents for the Department to review and approve prior to any submission.

4.2.12. All document(s) prepared by the Contractor under this contract shall be provided in an electronic a format and, as directed, hard copy on site to the Department and shall become the property of the Department.

4.3. Routine monthly services (Water and Wastewater Facilities): these highlighted items are deemed necessary and essential for the Department to sustain compliant and effective operations.

4.3.1. Routine monthly services shall commence on a monthly basis at each public water system during the month following award of the contract.

4.3.2. Activities may vary based on site‐specific conditions. The activities listed below are considered routine monthly services, not limited to a specific site.

4.3.2.1. Check and record free Chlorine (Cl2 )residual

4.3.2.2. Notify the Department when the hydro‐tank needs flushing.

4.3.2.3. Notify the Department when sight glass needs cleaning.

4.3.2.4. Test compressor operation, verify system pressures.

4.3.2.5. Legibly recording of data and/or operational changes into Operations Log Book.

4.3.2.6. Manually operate each Booster Pump (if not in operation automatically at the time of inspection or testing) The Contractor will ensure the equipment is returned to its operational configuration as was found at the start of the inspection/test.

4.3.2.7. Visually Inspect Wastewater system (i.e. Lift Stations, Ponds, Sand filter, and etc.) in accordance with Arizona Department of Environmental Quality (ADEQ) Article 1, consisting of Sections R18‐5‐101 through R18‐5‐115, recodified from R18‐4‐101 through R18‐4‐115 (Supp. 95‐2), Exhibit Eight (08).

4.3.2.8. Electrical System Remote Terminal Unit (RTU) visual inspection.

4.3.2.9. Backwash ion exchange as needed.

4.3.2.10. Provide Chemicals approved by the Department as needed.

4.4. Contractor shall use Exhibit Six (06), ADOT Monthly Water Inspection Report, for Water Facilities and Exhibit Seven (07), ADOT Monthly Wastewater Inspection Report, for Wastewater Facilities for the Routine Monthly Services.

4.5. Upon detection of any equipment failure or regulatory non‐compliance findings, the Contractor shall immediately notify the Department by phone and follow up with a written email notice, within one (1) business day.

4.6. Contractor’s Employees Requirements:

4.6.1. The Contractor shall provide Operator(s) that possess at a minimum; a current/active license in compliance with ADEQ and/or County Regulations. Water and wastewater operators shall be certified at the time of offer and through the term of a resultant contract, to test and visually inspect the Department's potable water and wastewater treatment facilities.

4.6.2. The Contractor’s management team must be completely familiar with the specified requirements and methods needed for proper performance of this Scope of Work.

4.6.3. Contractor’s staff utilized to perform the scope of work of this contract must be trained in the proper use and handling of chemicals pursuant to Occupational Safety & Health Administration (OSHA) directives 1910.1200 of the Hazardous Communication Standards.

4.6.4. The Contractor’s on site supervisor and additional personnel as deemed necessary by the Department shall communicate in English. This is not meant to require that all Contractor personnel speak, read and write English. This requirement is necessary due to the following reasons that include, but are not limited to:

Warnings of emergencies and hazards

Preparation of reports

Communication with Department personnel and on‐site care takers

Due to the significance of the above listed reasons, the English requirement is being made with the intent that communications between the Contractor Representatives and

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

4.6.5. The Contractor’s supervising operator shall have authority to train and direct contracted operators for system operations as well as sampling / testing.

4.6.5.1. The Contractor’s supervising operator shall have a minimum of six (6) years recent experience in Water Treatment operations and possess a current certification one (1) grade above system issued by ADEQ. In accordance with the Department facility protocols, the Contractor shall provide Certified Operator(s). The Operator(s) shall possess at a minimum a license/certification equivalent to the facility classification.

Compensation for labor shall be based upon the ADEQ‐required site certification.

Grade levels are subject to change.

4.6.5.2. The Contractor’s supervising operator shall have the authority to act independently without having to seek approval from the next level of Contractor management to respond to a request or make a decision within the scope of this contract.

4.6.5.3. The Contractor’s supervising operator shall have effective communication skills in working with regulatory agencies and their representatives and resolving regulatory issues.

4.6.5.4. The Contractor’s supervising operator shall be responsible for the review and quality of all regulatory and inspection reports, laboratory analysis, technical and operational documents sent to the Department, and regulatory agencies, and shall be responsible for all written reports, communications and represent the Department’s interest when communicating with regulatory agencies.

4.6.5.5. The Contractor’s supervising operator shall have the ability and expertise to access, retrieve, and interpret all ADEQ rules and regulations pertaining to water and wastewater operations and Arizona Department of Water Resources data for each of the Department well sites.

4.6.5.6. The Contractor’s supervising operator shall have the ability and expertise to oversee studies and operational evaluations of water and wastewater treatment facilities, prepare reports with recommendations including time schedules, and upon request provide cost estimates to mitigate any regulatory compliance or operational issues.

4.6.6. Contractor General Personnel:

4.6.6.1. The Contractor shall provide personnel and resources to perform the desired services included in this Scope of Work and permitted under applicable law or regulations adhering but not limited to ADEQ rules and regulations in Title 18 Chapter 5, Article 1 Classification of Treatment Plants and Certification of Operations.

4.6.6.2. The Contractor shall have adequate resources, operating personnel, and certified operators to ensure that the services included in this Scope of Work are completed in accordance with regulations, Department protocol(s), all relevant policies, rules and regulations.

4.6.7. Trainer:

4.6.7.1. As determined by the Department, the Contractor shall provide competent personnel to instruct and provide ongoing training for the Department’s Representatives.

4.6.7.1.1. Equipment operation and inspections

4.6.7.1.2. Reservoir management

4.6.7.1.3. Disinfection, the importance of, related equipment

4.6.7.1.4. Maintenance activities and procedures

4.6.7.1.5. Review of regulatory requirements and safety standards

4.6.7.1.6. Standard operational procedures

4.6.7.1.7. Logbook entries

4.6.7.2. The Trainer shall provide all reference materials as training aids.

5. Contractor’s Responsibilities

5.1. Contractor’s General Responsibilities:

5.1.1. The Contractor’s Operator shall conduct site inspections of each wastewater treatment system monthly and document the inspection utilizing Exhibit Six (06), ADOT Monthly Water Inspection Report. On a monthly basis, site inspections shall be executed in accordance with the requirements listed within Exhibit Seven (7), ADOT Monthly Wastewater Inspection Report. This will be to assure proper operation and maintenance of the septic systems and that structures are intact. Inspections shall document the condition of discharge systems inclusive of leach fields, evaporation ponds and evapotranspiration beds.

5.1.2. The Contractor shall maintain hard copy logbooks for each facility as prescribed by ADEQ at a location determined by the Department upon contract award.

5.1.3. The Contractor is responsible for the testing and inspection all regulatory reporting and compliance issues. The Department’s review does not negate the Contractor’s regulatory responsibilities or requirements.

5.1.4. The Contractor shall be available for Emergency services Monday through Sunday, twenty four

(24) hours per day.

5.1.5. The Contractor shall schedule and perform sampling and inspections during daylight hours, Monday through Friday. No routine work shall be scheduled or performed on weekends or state Holidays without prior written approval by the Department Representative.

5.1.6. The Contractor shall avoid damage to existing structures and vehicles in the parking lot. In the event that a structure or vehicle is damaged in the course of work, the Contractor shall be solely responsible for its repair or replacement. The Contractor will advise the Department of any problem areas.

5.2. Water Systems Operations and Inspections:

5.2.1. The Contractor shall be responsible to notify the Department Representative of improper operation; and compliance of the entirety of the Department’s regulated water systems in accordance with the designed manufacturer requirements and Department‐specific requirements.

5.2.2. Ion Exchange Systems: Backwash Ion Exchange Systems as needed.

5.3. Disinfection Systems:

5.3.1. The Contractor shall be responsible to provide only National Safety Foundation (NSF) and Department approved chemicals and equipment and meet all applicable rules and regulations for disinfection.

5.3.2. All chemicals used in a service shall be requested by the Contractor and approved by the Department prior to use.

5.3.3. 65 gallon dosing tanks

5.3.4. Sodium hypochlorite solution

5.3.5. The drinking water for all regulated Public Water systems (PWS), within the Department shall be disinfected as per each site’s process. The Department utilizes sodium hypochlorite solution for disinfection of potable water.

5.3.6. All chemical containers must be labeled according to current federal labeling requirements.

5.3.7. The Contractor shall maintain and store an adequate amount of approved Sodium Hypochlorite solution on‐site.

5.4. Wastewater Treatment System Inspections:

5.4.1. The Contractor shall notify ADOT of any deficiencies to equipment such as evaporation pond liners to ensure a nonporous barrier to contain wastewater liquid; and check to ensure structural integrity to maintain erosion.

5.5. Site Sampling Plans (Regulated Systems):

5.5.1. The Contractor shall be responsible for adhering to the Department Site Sampling Plans for all regulatory compliance water samples collected.

5.6. Sample Collection:

5.6.1. The Contractor shall collect and deliver facility samples in accordance with all water and wastewater regulatory requirements. Samples collected shall be delivered to a laboratory licensed and approved by the Arizona Administrative Codes Title 9, Arizona Department of Health Services, and the Arizona Department of Environmental Quality (ADEQ). When requested by the Department or when required, the contractor shall collect and deliver additional facility samples.

5.7. Water/Wastewater Facility Emergency:

5.7.1. The Department Representative or the designee has the sole authority to declare whether an event or situation constitutes an emergency.

5.8. Emergency Protocols:

5.8.1. The Contractor shall ensure all Operator contact names and phone numbers are kept current.

The Department shall be notified of Operator change or hiring’s within 24 hours of any changes.

5.9. Reporting:

5.9.1. The Contractor shall conduct and document all monthly site inspections of each wastewater treatment system on Exhibit Seven (7), ADOT Monthly Wastewater Inspection Report. This will be to assure proper operation and maintenance of the septic systems and that structures are intact.

5.9.2. The Contractor shall provide complete lab reports, lab invoices and any other laboratory documents to the Department Representative.

5.9.3. The Contractor shall ensure that any laboratory performing work on behalf of the Department shall allow the Department Representative or his designee to have direct access to all lab data. Such data shall be archived electronically by the laboratory and made available to both the Contractor and the Department.

5.9.4. The Contractor may select one or more state approved laboratories to perform work under this contract. The use of a state approved sub contracted laboratory is permissible.

5.9.5. The Contractor shall notify the Department’s Representative by phone and email as soon as becoming aware of interruption in water and/or wastewater service, followed by a signed electronic letter within two (2) business days.

5.9.6. The Contractor shall provide verbal and electronic (e‐mail) follow‐up notification to ADEQ and the Department contract representative upon a temporary water or wastewater closure due to water or wastewater related issues.

5.9.7. The Contractor shall immediately notify the Department’s Representative via telephone, text, and email of a positive total coliform and/or positive E. coli sample result, and/or any maximum contaminant level (MCL) exceedance. The Contractor shall perform repeat sampling and notification to ADEQ per state rules.

5.10. Contractor’s Equipment:

5.10.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition and capacity to efficiently perform the work and render the services required in this Scope of Work.

5.10.2. The Contractor shall be equipped with a mobile phone or other electronic device to facilitate communication and coordination with the Department Representative.

5.10.3. Upon notification by the Department Representative or designee, the contractor shall immediately suspend operator work when performance has been observed in violation of safety rules, regulation, or practices. Contractor shall administer proper disciplinary action against any personnel and/or subcontractors to prevent non‐compliant activities. Violation of safety rules, regulation, or practices may be considered grounds for contract termination.

6. Department’s Responsibilities

6.1. The Department shall provide the Contractor with a list of all contact information for the Department and site Representative.

6.2. The Department shall allow access to the facility only when the Contractor displays the appropriate identification badge.

6.3. The Department will be responsible for posting site and public notifications.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

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

2. CONTRACT EXTENSION

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

3. ELIGIBLE AGENCIES

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

4. NON‐EXCLUSIVE CONTRACT

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

5. ORDERING PROCESS

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

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

6. SHIPPING TERMS

Delivery shall be F.O.B. Destination, Freight Prepaid to the location designated on the purchase order.

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

7. DELIVERY

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

Delivery of the product does not constitute acceptance.

8. INSPECTION AND ACCEPTANCE

Each item delivered shall be subject to a complete inspection by the Department within fifteen (15) calendar days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

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

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

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

9. INVOICING AND PAYMENT

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Invoices not sent to the proper address, or not containing the necessary and required information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment for the purchase of product within thirty (30) calendar days after the Department has conducted the necessary reviews, inspections and acceptance as described herein.

Payment due dates, including discount periods, will be computed from the date of acceptance or date of correct invoice (whichever is later) to the date the Department’s warrant is mailed.

10. ESTIMATED USAGE

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

11. PRICE REDUCTION

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

12. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices. All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned.

Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

13. SAFETY STANDARDS

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

14. WARRANTY

The Contractor warrants:

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

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

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

15. CURRENT PRODUCTS

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

16. PRODUCT DISCONTINUANCE

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

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

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

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

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

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

17. CONTRACT ADMINISTRATION

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

18. NOTICES

All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called “Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested, or by any other method that provides evidence of receipt, addressed to the party or parties to receive such notice as follows:

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1739 W. Jackson Street, MD 100P Phoenix, Arizona 85007‐3276

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

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

19. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

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."

20. 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 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.

21. INSURANCE

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the Department. Certificate(s) shall be received within Ten (10) calendar days of notification of contract award by the Procurement Officer.

21.1 Insurance Requirements

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

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

21.2 Minimum Scope and Limits of Insurance

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

21.2.1 Commercial General Liability (CGL) – Occurrence Form

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

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

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, 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.

21.2.2 Business Automobile Liability

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

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

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

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

21.2.3 Workers’ Compensation and Employers’ Liability

Workers' Compensation Statutory

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

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

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

21.3 Additional Insurance Requirements

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

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

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

21.4 Notice of Cancellation

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

21.5 Acceptability of Insurers

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

21.6 Verification of Coverage

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

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

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

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

21.7 Subcontractors

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

21.8 Approval and Modifications

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

21.9 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.

22. USAGE REPORT

The Contractor shall furnish the Department a quarterly report showing purchasing activity under this contract. This usage report shall be provided in a form substantially equivalent to Exhibit 09. 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

23. 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.

24. 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.

25. SERIAL NUMBERS

Equipment supplied under this contract must contain an original manufacturer’s serial number. Serial number may not be altered in any way. Throughout the contract term, the Department reserves the right to reject any altered equipment.

26. 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

Solicitation No: BPM006230

Available online at

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

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem‐solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model (LLM) AI.

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

1.3. “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.

1.4. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

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

1.6. “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.

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

1.8. “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.

1.9. “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.

1.10. “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.

1.11. “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.

1.12. “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.

1.13.