CTR075514_Contract_Documents.pdf

Docusign Envelope ID: 677A0A2C-F4A3-45DD-AB06-EDBA25F41C65

CTR075514

Janaury 2523

1/23/2025

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: BPM006470

DESCRIPTION: On-Call Consultant for Communications

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.

Kelly Greene Procurement Officer Phone: 602-712-4879 Email: kgreene@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 Opportuni ty 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.

https://app.az.gov/

TABLE OF CONTENTS

Sol icitation No: BPM006470 Avai lable onl ine at

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 15

Uniform Terms and Conditions 32

Federal Provisions 51

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 75

2 - Title VI/Non-Discrimination Assurances Appendix E 76

3- Quarterly Usage Report 77

4- 310PS DBE Certification of Final Payments 78

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 qualified individuals or firms, (hereinafter referred to as Contractor), to provide public involvement, public information, public relations, marketing, advertising and other communications services on an on-call basis.

2. Introduction and Background

2.1. ADOT Communications & Public Involvement works with the Department’s divisions and programs to implement public involvement, public information/outreach, advertising, marketing, public relations, and other communications services to support transportation planning, studies, design and construction projects, and agency support functions (e.g., the Director’s Office, Motor Vehicle Division, and Enforcement Division). Selected Contractors will work in collaboration with ADOT Communications & Public Involvement and other Department staff to deliver communications services.

3. General Requirements

3.1. The Contractor may propose on any or all of the Categories described herein. The Contractor is not required to be able to provide every service within the Category for which they are proposing although the Contractor should be able to provide the majority of the services within the Category. In order to assure coverage of the requirements and maximize competition for work projects, the Department shall award multiple contracts to qualified Contractors. The Department will determine the participation of the Contractor(s). Work will be performed on an “as needed” basis upon request by the Department’s Communications & Public Involvement office. The Categories are inclusive of various work activities, as outlined in the following sections.

3.1.1. Category A – Public Involvement Services to support National Environmental Policy Act

(NEPA) Studies

Services provided under this Category includes public involvement activities to support National Environmental Policy Act (NEPA) project studies, as well as NEPA training and guidance for the Department. The Contractor shall provide public involvement services in support of the development of environmental documents for proposed Department projects. The projects shall fulfill the requirements of the National Environmental Policy Act (NEPA). The Contractor shall work with Department staff from Communications & Public Involvement, Environmental Planning, Infrastructure Delivery and Operations (IDO) and Multimodal Planning divisions (MPD), as well as project partners and stakeholders, and other state and federal land management and regulatory agencies, to implement public involvement programs for NEPA projects. The Contractor shall have experience providing public involvement services for NEPA studies, a detailed knowledge of the public involvement and environmental processes and requirements mandated by the National Environmental Policy Act (NEPA), related laws and executive orders, including Environmental Justice. Contractors must also be familiar with industry best practices for public involvement, and follow the guidelines outlined in ADOT’s agency Public https://azdot.gov/sites/default/files/2023-06/2023-ADOT-Public-Involvement-Plan-Final-6-2-23.pdf

Involvement Plan. Services provided under this category include, but are not limited to the following:

3.1.1.1. Project coordination and management

3.1.1.2. Public involvement plans

3.1.1.3. Developing and placing public ads and notices

3.1.1.4. Public meeting/hearing planning and implementation

3.1.1.5. Public comment management and documentation

3.1.1.6. Developing and maintaining stakeholder lists and databases

3.1.1.7. Public surveying/commenting tools

3.1.1.8. Website design and hosting

3.1.1.9. Collateral materials

3.1.1.10. Translation and interpretation

3.1.1.11. Video Acquisition and Postproduction

3.1.1.12. Photography

3.1.1.13. Digital Simulation/Animation

3.1.1.14. Displays

3.1.1.15. Printing, mailing and distribution of notices and materials

3.1.1.16. Stakeholder outreach, meetings and presentations

3.1.1.17. Public Involvement Summary Reports

3.1.1.18. Public involvement training and strategy

3.1.1.19. Other related services

3.1.2. Category B – Public Involvement to Support Planning, Design, Other Projects, Programs and Initiatives

Services provided under this Category include various public involvement and public information activities to support the Department’s transportation planning, project design, and other transportation projects, programs and initiatives, including local projects administered by the Department, with the exception of NEPA Environmental Impact Statements and Environmental Assessments (Category A) and Construction/Maintenance Projects (Category C). The Contractor shall have experience supporting transportation studies and projects, be familiar with applicable federal and ADOT nondiscrimination requirements, industry best practices for public involvement, and follow the guidelines outlined in ADOT’s agency Public Involvement Plan. Services include, but are not limited to the following:

3.1.2.1. Project management/coordination

3.1.2.2. Public involvement plans

3.1.2.3. Developing and placing public ads and notices

3.1.2.4. Public meeting/hearing planning and implementation

3.1.2.5. Public comment management and documentation

3.1.2.6. Public involvement surveying/commenting tools

3.1.2.7. Developing and maintaining stakeholder lists and databases

3.1.2.8. Website design and hosting

3.1.2.9. Collateral materials

https://app.az.gov/

3.1.2.10. Translation and interpretation

3.1.2.11. Video Acquisition and Postproduction

3.1.2.12. Photography

3.1.2.13. Digital Simulation/Animation

3.1.2.14. Displays

3.1.2.15. Reproduction and mailing/distribution

3.1.2.16. Stakeholder outreach, meetings and presentations

3.1.2.17. Public Involvement Summary Reports

3.1.2.18. Public involvement training and strategy

3.1.2.19. Other related services

3.1.3. Category C – Construction Outreach

Services provided under this Category include various public information and outreach activities to support Department project construction and maintenance activities, including local projects administered by the Department. In partnership with Department staff, contractors and other consultants, the Contractor shall inform affected communities, residents, businesses, and others of construction impacts and assist in addressing related community concerns. The Contractor shall have experience supporting roadway construction and maintenance, have familiarity with applicable federal and ADOT nondiscrimination requirements, and follow the guidelines outlined in ADOT’s agency Public Involvement Plan. Services provided under this category include, but are not limited to the following:

3.1.3.1. Construction communications plans

3.1.3.2. Project management/coordination

3.1.3.3. Developing and placing public ads and notices

3.1.3.4. Public meeting planning and implementation

3.1.3.5. Public comment management and documentation

3.1.3.6. Public surveying/commenting tools

3.1.3.7. Developing and maintaining stakeholder lists and databases

3.1.3.8. Collateral materials

3.1.3.9. Translation and interpretation

3.1.3.10. Photography

3.1.3.11. Reproduction and mailing/distribution

3.1.3.12. Stakeholder outreach, meetings and presentations

3.1.3.13. Public Outreach Summary Reports

3.1.3.14. Other related services

3.1.4. Category D - Public Relations, Advertising, Marketing and Training

Services provided under this Category include a wide range of communication disciplines to develop and implement public campaigns. These shall be designed to reach large audiences and support public awareness as well as use of Department transportation projects, programs, and services. For example, the Contractor may assist with campaigns focused on roadway safety, specific projects and initiatives, or other aspects of https://app.az.gov/

Department operations that merit public awareness or engagement. The Contractor may also be required to provide media or presentation training to Department staff on an as needed basis. The Contractor shall be well versed in a variety of advertising, marketing, public relations, media relations and presentation tools and techniques. Services provided under this category include, but are not limited to the following:

3.1.4.1. Advertising and Marketing Campaigns

3.1.4.2. Information and Education Campaigns

3.1.4.3. Customer Research and Polling

3.1.4.4. Advertising and Marketing Materials

3.1.4.5. Media placement

3.1.4.6. Retail Sales/Customer Awareness

3.1.4.7. Media Training

3.1.4.8. Presentation Training

3.1.4.9. Collateral Materials

3.1.4.10. Translation and Interpretation

3.1.4.11. Video Acquisition and Postproduction

3.1.4.12. Photography

3.1.4.13. Web Design and Hosting

3.1.4.14. Reproduction and mailing/distribution

4. Specific Requirements

4.1. Definition and Requirements of Services

4.1.1. Project Management/Coordination

The Contractor shall develop and implement public involvement and outreach programs for projects identified by the Department. The Contractor shall conduct necessary coordination with Department staff, project partners and stakeholders, recommend public involvement and outreach strategies and tools, develop outreach schedules to coincide with study/project delivery milestones, and manage all tasks, deliverables, deadlines, staff and subcontractors for successful project delivery.

4.1.2. Public Involvement Plans

The Contractor shall develop project-specific Public Involvement Plans (PIPs) for studies and projects and coordinate Department reviews, in accordance with the guidelines identified in ADOT’s agency Public Involvement Plan, per the Federal Highway Administration. The purpose of a project PIP is to identify public involvement strategies, goals, and tools to reach and engage the public affected by or interested in a proposed project. Public Involvement Plans include public participation and community relations techniques. These should be utilized throughout each phase of the project to gather input from a broad cross-section of the public and strive to reach consensus on key project elements. Public input should be sought and introduced as part of the project decision-making process for a project. Public involvement plans are expected to be customized for each project effort, accounting for unique sensitivities, and stakeholder interests. PIPs should include a Limited English Proficiency Four Factor Analysis to determine language needs.

For NEPA studies, tasks shall include all of the aforementioned. Additionally Public Involvement Plans prepared for a NEPA study (Category A Services) shall be part of an environmental study process that results in a legally defensible environmental document under NEPA. The development and implementation of public involvement plans for NEPA studies shall be coordinated with the Department’s Environmental Planning, Infrastructure Delivery and Operations, Multimodal Planning divisions, and its selected planning, engineering and environmental consulting firms.

4.1.3. Communications Plans

The Contractor shall develop a construction phase communications plan to identify strategies, tools, and anticipated timelines for public outreach and notification activities for construction projects. This shall be in accordance with the guidelines identified in ADOT’s agency Public Involvement Plan.

4.1.4. Developing and Placing Public Ads and Notices

The Contractor shall develop content for and design/produce digital, multimedia and print display ads and other notices, coordinate Department reviews and approvals, secure ad quotes, place ads, and provide documentation of ad placement.

For NEPA studies, tasks shall include all of the aforementioned. Additionally the Contractor shall ensure that public hearings and meetings are properly advertised/noticed in accordance with federal NEPA requirements and Department guidelines as outlined in ADOT’s agency Public Involvement Plan in order to ensure a legally defensible document.

4.1.5. Public meeting, Hearing and Event Planning and Implementation

The Contractor shall work closely with the Department’s Communications and Public Involvement Staff and project teams to plan and conduct in-person and virtual public meetings, public hearings and other public events. Tasks may include, but are not limited to:

4.1.5.1. Coordinate meeting logistics

4.1.5.2. Identify and book facilities,

4.1.5.3. Room setup, signage

4.1.5.4. Equipment

4.1.5.5. Security

4.1.5.6. Develop and place ads and notices

4.1.5.7. Prepare and mailing/distribute meeting notices

4.1.5.8. Prepare public comment/surveys

4.1.5.9. Provide and set up a virtual public meeting platform (e.g. Zoom, WebEx)

4.1.5.10. Prepare run of shows, scripts, Question and Answer (Q&A’s) and handouts

4.1.5.11. Prepare audio-visual presentations and conduct team rehearsals as needed

4.1.5.12. Facilitate and host public meetings

4.1.5.13. Secure interpretation and translation services

4.1.5.14. Provide meeting recordings and documentation, including preparing meeting summaries

For NEPA studies, tasks shall include all of the aforementioned. Additionally the Contractor shall ensure that public hearings and meetings are properly advertised/noticed, conducted and documented in accordance with federal NEPA requirements and Department guidelines as outlined in ADOT’s agency Public Involvement Plan - in order to ensure a legally defensible document.

4.1.6. Public Comment Management and Documentation

The Contractor shall gather public comments, maintain a public comment log, categorize and organize comments, coordinate comment responses with the project/study team, and acknowledge/respond to public comments received. The Contractor shall prepare public comment summaries and appropriately document comments for the project record in accordance with Department guidelines and NEPA requirements if supporting a NEPA study. The Contractor may also be required to develop printed or online comment forms and maintain a project commenting email address, phone number, and mailing address;

this will be a requirement for supporting NEPA studies.

4.1.7. Developing and Maintaining Stakeholder Lists and Databases

The Contractor shall identify and secure contact information for project/study stakeholders (e.g. businesses, homeowners associations, etc.), enter the contact information in a stakeholder spreadsheet or stakeholder database, and update the database as needed. This task may also include development of a customized stakeholder database system. The Contractor must be able to demonstrate processes for maintaining and protecting the personally identifiable information (PII) of the public.

4.1.8. Public Surveying/Commenting Tools

The Contractor shall develop public surveying and commenting tools and forms for use in seeking the public’s input on Department projects, studies, programs or initiatives.

Commenting and surveying forms and tools may range from developing simple printed comment forms, to complex online survey instruments with features such as visual prioritization, rating and ranking functions, skip logic, and categorizing and geocoding comments on a map. The Contractor shall also provide a summary of input and comments received, which may include charts and other visuals to illustrate public feedback, as well identifying survey/comment themes. If a Contractor currently maintains - or is proposing to use - specific surveying and commenting software tools, those should be identified in the proposal, along with any associated subscription costs or other charges incurred by ADOT if applicable.

4.1.9. Website Design and Hosting

The Contractor may be required to develop, host and/or maintain a website for a Department project, study, plan, program or initiative. When hosting a website on the Department’s behalf, the Contractor shall secure prior approval of all content and the domain name from the designated Department Project Manager and other Department staff as appropriate, shall secure final content page review and clearance through ZScaler, ensure security of the site data, adhere to Section 508 accessibility federal requirements and Department website guidelines, have the ability to provide language translation of the content for users and include Title VI nondiscrimination notices on web pages.

4.1.10. Collateral Materials

Develop various public collateral materials for use in public engagement and public information activities. These may include, but are not limited to, fact sheets, newsletters, public meeting/hearing handouts, exhibit boards, presentations, posters, postcards, animations, simulations, photography, and other materials in printed and electronic forms. The Contractor will translate materials into other languages as required and will follow ADOT’s Guide to Graphics and Editorial Standards.

For Category D, tasks may include any or all of the aforementioned. Additionally, the Contractor shall develop content, design and produce various digital and printed public collateral materials for use in public information, advertising or marketing activities.

4.1.11. Translation and Interpretation

Provide foreign language translation of public materials and foreign language interpretation at public meetings/hearings and other meetings with the public hosted by the Department, based on an LEP Four Factor Analysis.

For Category D, tasks may include any or all of the aforementioned. Additionally, the Contractor shall provide foreign language translation of collateral materials, advertisements or other notices or materials based on language needs of the audience.

4.1.12. Video Acquisition and Postproduction

Acquire High Definition video footage, which may include drone footage, to meet customer and final production requirements. Edit visual and audio elements, create visual effects, and integrate music to create a program that meets customer requirements.

4.1.13. Photography

Acquire still images using a Digital SLR camera. Provide copyright free images to the Department for use. Images must be acquired in raw and high-resolution jpeg file formats. Secure permissions as needed to enter work areas, private land or from individuals in photos.

https://azdot.gov/adot-graphic-standards#:%7E:text=Approved%20ADOT%20Logo&text=All%20JPG%20files%20have%20white,larger)%20of%20their%20original%20size.&text=Encapsulated%20PostScript%20(eps)%20files%20are,any%20size%20without%20losing%20quality.

4.1.14. Digital Simulation/Animation

Model and simulate a system, process or project for informational, educational, testing or calibration purposes. Animate objects that appear in a three-dimensional space that can be rotated and moved like real objects.

4.1.15. Displays

Design, develop and/or secure information displays, booths, working models or dioramas that are informational, educational and/or interactive.

4.1.16. Reproduction and mailing/distribution

Secure quotes, print, mail, hand deliver and/or email the following: postcards, letters, newsletters, posters, printed materials, electronic materials, and/or other materials to project stakeholders. This shall serve to notify the stakeholders of important project information, such as the beginning of a project or study, a public meeting/hearing and opportunities to provide input. The Contractor shall be responsible for ensuring that required notices arrive to stakeholders with sufficient time to notify of a meeting/hearing, comment period or other opportunity for input. The Contractor shall provide proof of mailing to the Department for its records.

4.1.17. Stakeholder Outreach, Meetings and Presentations

The Contractor shall assist the Department’s Communications and Public Involvement by conducting direct outreach to stakeholders, which may include but not be limited to any of the following activities:

4.1.17.1. hand-canvas notices

4.1.17.2. contact stakeholders (by phone/email/in-person) to provide information about a project, address concerns and questions, or other coordination

4.1.17.3. prepare presentations and materials for meetings with stakeholder groups (e.g.

HOAs, community and business organizations)

4.1.17.4. other direct outreach activities

For Category C, Construction Public Outreach, tasks shall include all of the aforementioned. In addition, services for Category C, Construction Public Outreach, in partnership with Department staff and construction contractor, the Contractor shall serve as a construction liaison to inform affected communities, businesses, neighborhoods and other impacted/interested parties of construction impacts and assist the Department in addressing construction-related community concerns.

4.1.18. Public Involvement Summary Reports

The Contractor shall prepare reports summarizing the public involvement and public information conducted for a project or study; reports shall encompass all public engagement and public information activities conducted as part of a project or study phase and the public input received. The format for content to include in-public involvement reports as identified in ADOT’s agency Public Involvement Plan.

4.1.19. Public Involvement Summary Reports- Category A, NEPA Studies

In addition to the requirements of 4.1.18., public involvement summary reports prepared under Category A shall be included in the environmental document and must include required documentation to meet federal NEPA requirements, including a public hearing transcript, public comments received and how comments were addressed, and public involvement and notification conducted.

4.1.20. Public Outreach Summary Reports- Category C, Construction Outreach

In addition to the requirements of 4.1.18., public involvement summary reports prepared under Category C, shall at a minimum include a Constituent Inquiry Log of all complaints and other inquiries received through all methods during construction, and the Department’s response. If the Contractor is responsible for public mailings or other notices, or conducts other construction-phase outreach such as public meetings or direct stakeholder outreach (e.g. HOA presentations, 1:1 meetings with affected property owners, etc.), the Contractor shall document those activities in the Public Outreach Summary.

4.1.21. Public Involvement Training and Strategy

The Contractor shall provide public involvement advice and/or training to Department staff and contractors as needed, based on public involvement best practices as established by the International Association of Public Participation (IAP2), as well as on public involvement to fulfill the requirements of the National Environmental Policy Act (NEPA) under Category A services.

4.1.22. Other Related Services

The Contractor shall perform any other related services as needed to assist the Department with public involvement and public information needs for transportation projects, studies, programs and initiatives.

4.1.23. Advertising and Marketing Campaigns

The Contractor shall develop and implement advertising and marketing campaigns and programs to meet Department objectives. Services are shall include but not be limited to:

4.1.23.1. identify target markets and the most effective methods to reach them

4.1.23.2. outline campaign goals

4.1.23.3. set budgets and campaign schedules

4.1.23.4. create advertising and marketing messaging and content

4.1.23.5. produce campaign multimedia creative material

4.1.23.6. create advertising plans and place advertisements, this may include a range of media from traditional mainstream to a more targeted display, point-of-sale, direct mail, electronic and/or online mediums.

4.1.24. Information and Education Campaigns

The Contractor shall develop and implement informational and educational campaigns, recommend strategies and tools to effectively reach the public, develop multimedia materials, distribute and place campaign materials which may include paid and earned media, mailers, social media or other mediums, conduct events or other activities as recommended, and conduct a post-campaign evaluation of effectiveness.

4.1.25. Customer Research/Polling

The Contractor shall develop and implement customer research that shall include conducting statistically valid public opinion research/polling and statistical interpretation of research results, as well as conducting focus groups and other types of customer research.

4.1.26. Advertising and marketing materials

The Contractor shall develop creative content, design digital, multimedia and print display ads and marketing materials, and coordinate Department reviews and approvals.

4.1.27. Media Placement

The Contractor shall develop and implement media plans and place media on behalf of the Department. This shall include review and recommendations based on media formats, pricing rates, demographics, geographic, and psychographics related to the campaign objectives. The Contractor shall perform research on the target audience and recommend the most effective advertising medium(s) to reach customers. Mediums which may include but not be limited to: radio, TV, magazines, newspapers, social media, video pre-roll, emails, search engines, web portals, banners, interactive games and video clips. The Contractor shall provide documentation of media placements.

4.1.28. Retail Sales/Customer Awareness

The Contractor shall use knowledge of customer “touch points” evaluate and recommend ways to increase customer awareness using display and promotional techniques.

4.1.29. Media Training

The Contractor shall develop and implement media training to appropriate Department personnel. This may include counseling and rehearsal prior to an interview by the media or an appearance on radio or television.

4.1.30. Presentation Training

The Contractor shall develop and implement public speaking and presentation training to appropriate Department personnel. This may include counseling and rehearsal prior to public hearings and project presentations.

5. Contractor’s Responsibilities

5.1. Public Participation Goals

5.1.1. The Department has established the following goals for public participation and public relations processes:

5.1.1.1. Foster a spirit of mutual trust, confidence and openness between the

Department and the public, local, tribal, county, and elected officials and staff.

5.1.1.2. Fulfill or exceed legal requirements established by environmental and Civil Rights statutes and requirements.

5.1.1.3. Utilize public participation and public relations programs during environmental processes, pre-design and location studies, transportation planning, construction and maintenance projects, and to foster internal communication.

5.1.1.4. Ensure the public is provided information on the Department’s projects and activities in a timely manner and in a form that best facilitates meaningful public participation in these projects and activities.

5.1.1.5. Solicit assistance from the public to understand the potential consequences of technical issues, identify alternatives to be studied, and select amongst the alternatives considered. Maintain a commitment to incorporate the public and stakeholder input when possible to enhance the Department’s work and demonstrate the value of public engagement.

5.1.1.6. Keep the public informed about significant issues and changes to proposed programs or projects.

5.1.1.7. Ensure the Department communicates how public input and public participation efforts affect the Department’s decision-making processes.

5.1.1.8. Maintain a commitment to transparent and inclusive public participation and government relations processes that are responsive, accountable, and within its ability to finance and resource.

5.2. The ADOT Public Involvement Plan, as approved by the Federal Highway Administration, includes public participation and community relations techniques. These must be utilized throughout each phase of the project from environmental studies through design to gather input from a broad cross-section of the public. Public input must be sought as part of the decision-making process for a project. The level of public involvement, public involvement approaches, and activities identified in the project Public Involvement Plan will be reviewed and approved by the Department’s Community Relations and other Department divisions as identified in ADOT’s agency Public Involvement Plan.

5.3. Technical terms and professional judgments must be explained in a manner community members can comprehend. Communication methods must be appropriate for the scale of the project and the target audiences. Drawings, photos and videos simulating the visual appearances and functionality must clearly convey the alternatives under consideration.

5.4. The Contractor shall follow ADOT’s Guide to Graphics and Editorial Standards when preparing any public-facing content or graphics for the 1department. Any content developed for public materials shall be written in Associated Press style and, prior to submitting to the Department, be proofread for quality control to correct errors in spelling, grammar, punctuation, syntax and style.

6. Department’s Responsibilities

6.1. Provide a general description of the project and the tasks required, including but not limited to:

format, frequency and quality of reports, specific areas to be addressed, anticipated project milestones, and timelines.

6.2. Review and approve Contractor’s work, including but not limited to: documents, reports, public meeting notices, brochures, newsletters, websites, and other communication materials prior to public distribution.

6.3. Provide names and contact information of personnel from the Department, contractors, and consultants who are stipulated to receive copies of deliverables or communications regarding the project.

https://azdot.gov/adot-graphic-standards#:%7E:text=Approved%20ADOT%20Logo&text=All%20JPG%20files%20have%20white,larger)%20of%20their%20original%20size.&text=Encapsulated%20PostScript%20(eps)%20files%20are,any%20size%20without%20losing%20quality.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

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

2. CONTRACT EXTENSION

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

3. ELIGIBLE AGENCIES

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

4. NON-EXCLUSIVE CONTRACT

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

5. ORDERING PROCESS

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

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

6. INVOICING REQUIREMENTS

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

• Department Location’s Name and Address

• Vendor Name, Remit to Address and Contact Information

• Contract Number

• Purchase Order Number

• Invoice Number and Date

• Date the items were shipped to the Department

• Contract Line Item Number

• Line Item Description or Item or Service

• Quantity Purchased

• Line Item Unit of Measure

• Price per Unit and Total per Unit

• Catalog or Other Discount (if applicable)

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

• Applicable taxes

• Applicable Shipping/Freight Charges

• Total Invoice Amount Due

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

The Department will make every effort to process payment within thirty (30) calendar days after acceptance of services. Delivery of the service to the Department does not constitute acceptance.

The date the Department accepts delivery of services shall be the valid date for starting the thirty (30) calendar day payment period.

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

7. ESTIMATED USAGE

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

8. PRICE REDUCTION

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

9. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices.

All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

10. 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.

11. 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.

12. 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."

13. 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.

14. 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.

15. INDEMNIFICATION

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, and any jurisdiction or agency issuing permits for any work included in the project, and their respective directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as "Claims") arising out of actual or alleged bodily injury or personal injury of any person (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 Contractor's directors, officers, agents, employees, volunteers or subcontractors. This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of 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. This indemnification will survive the termination of the above listed contract with the Contractor.

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.

16. 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.

16.1 Insurance Requirements

16.1.1 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.

16.1.2 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.

16.2 Minimum Scope and Limits of Insurance

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

16.2.1 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.

16.2.2 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.

16.2.3 Media Liability Coverage

• Each Claim $2,000,000

• Annual Aggregate $2,000,000

a. Such insurance shall cover any and all errors and omissions or negligent acts in the production of content, including but not limited to plagiarism, defamation, libel, slander, false advertising, invasion of privacy, and infringement of copyright, title, slogan, trademark, service mark and trade dress.

b. In the event that the Media Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

16.3 Additional Insurance Requirements

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

16.3.1 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).

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

16.4 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).

16.5 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.

16.6 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.

16.6.1 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.

16.6.2 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.

16.6.3 All certificates required by this Contract shall be sent directly to the Department. The

State of Arizona project/contract number and project description 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. 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.

16.7 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.