CTR075036_Contract_Documents.pdf

Docusign Envelope ID: C7B19040-21E7-43FF-8989-8616DCFD4AD7

December13th 24

12/13/2024

CTR075036

Procurement

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

INVITATION FOR BID

SOLICITATION NUMBER: BPM006422

DESCRIPTION: Tucson North MVD Remodel

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

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Amar J. Greasham Senior Procurement Officer Phone: 602.712.8259 Email: agreasham@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

Solicitation No: BPM06422 Available online at https://app.az.gov/

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 9

Uniform Terms and Conditions 19

EXHIBITS

1 ‐ Title VI/Non‐Discrimination Assurances Appendix A 105

2 ‐ Title VI/Non‐Discrimination Assurances Appendix E 106

3 – Safety Program Plan Requirements 107

4 – Sample Construction Contractor Agreement 108

5 – Environmental Clearance Report Attached In APP

6 – Drawing & Sheet Specifications Attached In APP

SCOPE OF WORK

Solicitation No: BPM06422 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 the Renovation of Tucson North

MVD.

2. Introduction and Background

2.1. The building is a standalone masonry bearing wall, with steel and glulam beamed structure, aluminum storefront openings, and stud/gypsum board walls, originally constructed in the early to mid‐1980s.

2.2. The Tucson North MVD building is located at 7330 N. Shannon Rd., Tucson, AZ 85741

2.3. The current 7,997 square feet (sq. ft.) footprint of insulated building envelope will be expanded 572 sqft. by converting an existing exterior covered entry and two covered patios into an indoor Entry/Greeter, expanded Customer Queue and Testing areas

2.3.1. Base Bid: The base bid includes renovated restrooms, offices and open office areas, secure storage, training and break rooms, kitchenette, and several other customer spaces per the Drawings and Sheet Specifications in Exhibit 6.

2.3.2. Additive Bid: The Additive includes site parking lot upgrades per the drawings. The Bidder shall propose the amount to be added on the Bid Form in the place indicated. Amount shall be all‐inclusive of Alternate Drawings

2.4. Asbestos‐containing material has been identified in the breakroom sink(s) within the existing building (See Exhibit 5 Environmental Clearance Report). The ADOT Asbestos Program Manager will give direction to the Contractor regarding disposal methods and requirements.

3. General Requirements

3.1. Work Details

3.1.1. Renovation includes but is not limited to new construction of new walls, mechanical and electrical updates; modifications to the fire alarm system as required by code and will require a deferred submittal to the Fire Marshal; new ceiling and lighting; new interior finishes including paint and flooring; restroom renovation including plumbing upgrades, new fixtures, partitions, counters and accessories; new doors and door hardware; new casework, signage, sound‐masking, and kitchenette appliances.

3.1.2. Work shall be done in accordance to Exhibit 6, Drawings and Sheet Specifications

3.2. Time for Completion

Solicitation No: BPM06422 Available online at

3.2.1. All work must be totally completed within eighteen (18) months after the Notice to Proceed letter is issued.

3.3. Occupancy

3.3.1. The building will not be occupied during construction, but an adjacent temporary modular building will act as the MVD, allowing MVD operations to continue; the Contractor shall coordinate with the owner to maintain full access to that portion of the site and parking lot needed for the business functioning of the MVD.

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

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

3.4. The Contractor shall furnish all necessary labor, tools, equipment, materials, supplies, utilities, water and 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 construction 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. See Exhibit 4 for a sample of this agreement.

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:

Solicitation No: BPM06422 Available online at

Brand Name Sources Citations

Hoeptner Freeze Flow model 2131RE Ferguson

3445 E Kleindale Road

Tucson, AZ 85716‐1333

22 10 06

Trane Mini‐Split Heat Pump

Trane Packaged Rooftop Heat Pump

Trane M4.0

Trane Tracer SC+ Controller and

Controls System

Trane M5.1

Stanley Best Locksets and Cores IDN – Tucson; Kelley Brothers; MiMotion General Tool and Supply Co.;

Grainger

08 71 00

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:

Spec Section/ Drawing

Description

Options

C100 Drain Basin Nyloplast or approved equal

C200 Reduced Pressure Zone

Assembly

Ames or approved equal

A1.1 Planting Mix El Toro or architect approved equal

A1.2 Bike Rack Global Industrial or architect approved equal

A2.0 Utility Shelf Edsal or architect approved equal

A2.0E Water Heater Platform Quick Stand or architect approved equal

Solicitation No: BPM06422 Available online at

A2.0E;

10 28 00

Paper Towel Dispenser Georgia‐Pacific or architect approved equal

A2.0E;

10 28 00

Waste Receptacle Bradley or architect approved equal

A2.0E;

10 28 00

Baby Changing Station Koala Kare

American Specialties

Bradley Corporation or architect approved equal

A2.0E;

10 28 00

Adult Changing Station Foundations or architect approved equal

A2.0E;

10 28 00

Deodorizer Dispenser Waxie or architect approved equal

A2.0E;

10 28 00

Sanitary Napkin Disposal Waxie or architect approved equal

A2.1 Metal Panel Trim Morin or architect approved equal

A7.0 Flashing System Fry Reglet or architect approved equal

A8.0 Cast Window Film Avery Dennison or architect approved equal

I2.0;

09 68 13

Carpet Mannington Commercial or architect approved equal

5. Contractor’s Responsibilities

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 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 shall provide qualified non‐working site construction superintendents to oversee

Solicitation No: BPM06422 Available online at 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.

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

5.6. 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.

5.7. The Contractor shall provide all materials and equipment as required to perform work. The

Contractor shall not use the Department’s materials or equipment.

5.8. 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.

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

5.10. 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 the construction period.

5.11. 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.

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

5.13. 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. See Exhibit 3 Safety Program Plan Requirements.

5.14. The Contractor shall 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.

Solicitation No: BPM06422 Available online at

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.

Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

SPECIAL TERMS AND CONDITIONS

Solicitation No: BPM06422 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 twenty‐four months (24) 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 six (6) 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 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

Solicitation No: BPM06422 Available online at

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

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

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

The department acceptance date will be the valid date for starting the thirty (30) calendar day payment period.

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

7. 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.

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 6, Drawings and Sheet Specifications. If not specified in Exhibit 6, 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: BPM06422 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 temporary emergency repairs shall be paid for by the Contractor.

11. CONTRACT ADMINISTRATION

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

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

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.

Solicitation No: BPM06422 Available online at

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 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

Solicitation No: BPM06422 Available online at 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.

17. INSURANCE

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

17.1 Insurance Requirements

17.1.1 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.

17.1.2 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.

17.2 Minimum Scope and Limits of Insurance

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

17.2.1 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

Solicitation No: BPM06422 Available online at 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.

17.2.2 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.

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).

17.3 Additional Insurance Requirements

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

Solicitation No: BPM06422 Available online at

17.3.1 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).

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

17.4 Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two

(2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

17.5 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.

17.6 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.

17.6.1 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.

17.6.2 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.

17.6.3 The certificate shall state that the insurance applies to any and all work performed for or on the behalf of the State of Arizona/ADOT shall be noted on the certificate of insurance.

Solicitation No: BPM06422 Available online at

17.7 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.

17.8 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.

17.9 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.

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, CERTIFICATIONS

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

20. 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.

Solicitation No: BPM06422 Available online at

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

All performance bonds must be executed on forms substantially equivalent to Exhibit 4 Sample Construction Contractor Agreement ‐ Exhibit N: Arizona Statutory Performance 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.

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.

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

Solicitation No: BPM06422 Available online at 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 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

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TABLE OF CONTENTS:

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Uniform Terms and General Conditions Invitation for Bid

1) DEFINITION OF TERMS

As used in the Contract, the terms listed below are defined as follows:

Acceptance “Acceptance“” means the “Offer and Acceptance Form” bearing the State Contract number, once Procurement Officer has signed it to signify

(a) the Agency’s formal acceptance of the Accepted Offer and (b) the formation of the Contract.

Additional Work “Additional Work” means the addition of any Work, not described as Basic Work, to be provided to the Agency by the Construction Contractor that is contemplated by, but not specifically described in, an Exhibit to this Contract. Compensation for Additional Work must be approved through a Change Order or Contract Amendment.

Agency “Agency” is used with the same meaning as “State” in definition below.

Agency Designated Representative

“Agency Designated Representative” means the assigned representative of the Agency to monitor the progress and Schedule of the Work for the Project.

Allowance “Allowance” means construction funds established by the Agency to compensate for a portion of the Work which cannot sufficiently be specified or determined before such Costs are incurred. The Construction Contractor shall place any and all Allowances within separate line items in the Construction Contractor’s Contract Cost at time of offer submission.

Application for Progress Payment

“Application for Progress Payment” means Contractor’s monthly invoice request for payment that includes any and all portions of the Work in a Contract that have been completed and accepted by the Agency for which an invoice has not been previously submitted in accordance with the requirements of the Contract Documents. Progress Payments for Contractor Work approved and certified by the Contractor and Agency signature, shall be paid less deductions to pay the expenses the Agency reasonably expects to incur in correcting a deficiency set for in an Agency written finding in accordance with A.R.S. §41‐2577, and retained percentage in accordance with A.R.S. §41‐2576.

Application for Final Payment “Application for Final Payment” means Construction Contractor’s final invoice for payment. The Application for Final Payment shall meet all the requirements of Applications for Payment, but shall also include any and all remaining open invoices under the Contract. After a Construction Contractor’s Application for Final Payment is approved by the Agency, the Agency shall not release any additional payments to that Construction Contractor under the Contract.

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

“Arizona Procurement Code” means, collectively, Arizona Revised Statutes (“A.R.S.”) Title 41 Chapter 23, Section 2501, et seq., and the rules promulgated thereunder, Arizona Administrative Code (“A.A.C.”) R2‐7‐101, et seq.

NOTE: There are frequent references to the Arizona Procurement Code throughout the Solicitation, therefore, you will need to be familiar with

Solicitation No: BPM006422 Available online at its provisions to be able to understand the Solicitation fully. Links for obtaining copies are given below.

The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website:

https://spo.az.gov/administration‐policy/state‐procurement‐ resource/procurement‐regulations The Arizona State Legislature provides the official A.R.S. online at:

http://www.azleg.gov/arstitle/

The Office of the Arizona Secretary of State provides the official A.A.C.

online at: http://www.azsos.gov/rules/arizona‐administrative‐code

Arizona TPT “Arizona TPT” means Arizona Transaction Privilege Tax. For information, refer to the Arizona Department of Revenue (DOR) website at:

https://www.azdor.gov/business/transactionprivilegetax.aspx.

As‐builts “As‐builts” shall mean the marked‐up version of the Drawings and Specifications Contract Documents prepared by the Construction Contractor to record As‐built conditions, current changes, and selections made during construction.

Attachment “Attachment” means any item that the Offeror is required to submit as part of the provision of services required to design or engineer or construct the Project, as detailed in Exhibit A, “Construction Contractor Agreement”.

Basic Work “Basic Work” means the services to be provided to the Agency by the Construction Contractor described in an Exhibit.

Bidding Documents "Bidding Documents" means those documents prepared and furnished by the Design Professional for the purpose of obtaining bids from Construction Contractors to construct the Work.

Building Work “Building Work” means everything covered by the definitions in A.R.S. § 41‐2503 [Definitions] of the terms “Construction” (4), "Maintenance Services" (26), and "Operations Services" (28).

Change Order “Change Order” means the instrument by which the Agency authorizes Construction Contractor to perform some or all of the Work, including but not limited, Construction Change Orders, Design Change Notices, and Field Order Directives. Consistent with A.R.S. § 41‐2503(3), only the Procurement Officer responsible for this Contract has the authority to modify or amend this Contract through a signed Change Order or Contract Amendment. The Agency will only compensate Construction Contractor for Work that has been approved by the Agency through a fully authorized Change Order or Contract Amendment.

Change Order Request “Change Order Request” means a document that informs Agency of a proposed change in the Work and appropriately describes or otherwise documents such change including Construction Contractor(s)’s response of pricing for the requested change.

Close Out Documents “Close Out Documents” means those items required by Exhibit M‐ Contractor Project Closeout, and as may be further defined, identified, and required by the Contract Documents.

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Conditional Waiver of Lien “Conditional Waiver of Lien” has the meaning defined in A.R.S §33‐1008 which, for convenience of reference only, is a:

Conditional Waiver and release on Progress Payment “where the claimant is required to execute a waiver and release in exchange for or in order to induce the payment of a progress payment and the claimant is not in fact paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release”; and

Conditional Waiver and release on Final Payment “where the claimant is required to execute a waiver and release in exchange for or in order to induce payment of a final payment and the claimant is not paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release”.

Construction “Construction” as defined in A.R.S. § 41‐2503(4) means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any real property in which the public has an interest.

Construction Contract “Construction Contract” means any contract between the State and a Person that has or will engage in Construction Services for the benefit of the State.

Construction Contractor “Construction Contractor” is a Person that has or had a contract with the State to engage in Construction Services for the benefit of the State.

Construction Documents “Construction Documents” means any and all documents created by the Design Professionals that describe the Work in detail, including but not limited to, plans, specifications, revisions, addenda, and Change Orders, issued to build the project. Construction Documents created after the Contract is signed may be integrated into the Contract if, and only if, there is a properly executed Contract Amendment or Change Order to verify that integration.

Contingency “Contingency” means an amount associated with Costs that were unforeseen by the Construction Contractor when it submitted its offer which may be authorized by the Agency through a Change Order.

Construction Contractor may not proceed with Work on Contingencies without prior authorization from the Agency through a Field Order Directive or Change Order. The Agency will not compensate Construction Contractor for unauthorized Contingency Work.

Contract “Contract” means, collectively, the entire agreement between Agency and Construction Contractor, including all of the Contract Documents, the Acceptance, the Solicitation Documents, the Construction Contractor Agreement, any and all authorized Change Orders, and any Contract Amendments.

The Contract is identified as a “Purchase Order” in APP, since that is the terminology used in the software; use of that term in APP is not, in any way, an attempt by the Agency to change the contractual term “Order” as defined in (paragraph 44). The terms of this Contract are

Solicitation No: BPM006422 Available online at defined in this document alone. The use of different terminology, or the same terminology with a different meaning, in any State eProcurement system (including, but not limited to, APP) does not override any term in this Contract. The Construction Contractor should contact the relevant Procurement Officer if it has any questions regarding the meaning of terms in the State’s eProcurement System.

Contract Amendment "Contract Amendment" means a document signed by Procurement Officer that has been issued for the purpose of making changes to the Contract after execution without changing the general scope. Only the Procurement Officer responsible for this Contract has the authority to modify or amend this Contract. The term “Change Order” in APP is synonymous with “Contract Amendment.

Contract Cost “Contract Cost” means the amount for which a Construction Contractor agrees to perform the Work as set forth in its Contract with the Agency.

Contract Terms and Conditions

“Contract Terms and Conditions” means the Special Terms and Conditions and these Uniform Terms and Conditions taken collectively.

Contractor For the purpose of this Contract, “Contractor” refers to any Person who has entered into a Contract with the Agency, including, but not limited to, a Design Professional or Construction Contractor.

Contractor Indemnitor “Contractor Indemnitor” means Construction Contractor and/or any of its owners, officers, directors, agents, employees, or Subcontractors and, if applicable, their respective spouses.

Cost 1) “Cost” as defined by A.R.S. § 41‐2571(2), means the aggregate Cost of all Materials and services, including labor performed by force account. The Agency shall only pay for expenses explicitly authorized as part of the Work under the Contract.

2) For any changes, subject to Markup, in the Work or additional charges sought by Construction Contractor under the contract, “Cost” shall only mean actual direct labor, material, and service Costs incurred by Construction Contractor at the construction site and which are necessary to complete the Work. Such Costs shall include those from subcontractors, vendors, and material suppliers.

3) Costs, for the purpose of this section, shall exclude markup for, including but not limited to, Costs incurred for general conditions, bonds, insurance, contingency, overhead or profit.

Day “Day” means a calendar day unless otherwise specified in a particular context.

Design Change Notice “Design Change Notice” refers to an agreement that records a change to the time for Work completion, price, and/or change in design after the initial completion of the design was reviewed and approved by the Statutory Review. The purpose of the Design Change Notice is to ensure:

the changes are re‐reviewed and approved by Statutory Review and the Procurement Officer; and the Contract Documents are revised in a manner that is consistent with the Design Requirements under the Contract.

Design Professional “Design Professional” means the individual or firm…