CTR077068_Contract_Documents.pdf

ATTACHMENT 1

OFFER AND ACCEPTANCE

Solicitation No: BPM006563 Available online at https://app.az.gov

Rev 11/2024

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

Offeror (Company) Name Signature of Person Authorized to Sign Offer

Address Printed Name Date

City State Zip Title

Email Address Phone Number

Company Email Address Fax Number

By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve collusion or other anticompetitive practices.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

The Contractor is now bound to perform based upon Contract Number _________________________________including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until contractor receives a purchase order document.

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date

Phoenix Pmps Inc.

5100 S. 36th Street

Phoenix AZ 85040 sshepherd@phoenixpumps.com

Service Production Manager

Scott Shepherd 2/24/2025 contracts@phoenixpumps.com

602-692-5548

602-232-2995

Docusign Envelope ID: 0AB4F6BA-A97B-4F3E-B048-680B7834E172

CTR077068

May22

5/22/2025 https://app.az.gov/

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: BPM006563

DESCRIPTION: On-Call Storm Pump Repair, Replacement, and Service

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.

Aimee Fields Procurement Officer Phone: (602) 712-8545 Email: afields@azdot.gov

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

“An Equal Opportunity Agency”

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

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

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

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 18

Uniform Terms and Conditions 27

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 45

2 - Title VI/Non-Discrimination Assurances Appendix E 46

3 - Pumps and Locations 47

4 – Work & Quantities Report 51

5 – Vendor Performance Report 52

6 – Safety Program Plan Requirements 53

7 - A.R.S. 28-731 54

8 - A.R.S. 28-7053 55

9 - Quarterly Usage Report 56

10 - Traffic Control activity 57

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 repair, replacement, and service of storm drainage pumps, irrigation booster pumps, pump controls, power switching gear, and power connections (or Subcontractor Electrical Services).

2. Introduction and Background

2.1. This contract is for the repair, preventative maintenance. and/or replacement of storm water pumps and the electric components associated with the motors including water sensing devices and its components and air conditioning units used for the water sensing devices (transducers and components and sensing probes and components).

2.2. The Department currently operates both Mechanical (Vertical Turbine Pumps) and Electric Pumps in various configurations.

2.3. Service and repair of the internal combustion engines is excluded from this scope of work.

3. General Requirements

3.1. The Contractor shall perform all the work necessary to diagnose, service, repair, replace, or install parts as needed and to ensure all equipment is operational and safe to include: storm drainage pumps, roadway drainage pumps, pump controls, gear heads, electric motors, and/or drive shafts at various geographical locations within the State of Arizona.

3.2. Preventative Maintenance may be requested on an as needed basis.

3.3. The Contractor shall furnish and warrant labor, materials, parts, complete replacement Pumps, and supplies utilized to complete all work in accordance within the requirements of the specifications.

3.4. Pricing shall be all inclusive of any mileage and/or travel time.

3.5. Work Locations

3.5.1. The area of coverage shall include Northcentral District, Winslow (located in Northeast

District), Southwest District and within a one-hundred (100) mile radius of the Phoenix Metropolitan area, including Casa Grande. Refer to Exhibit 3, Pumps and Locations.

3.5.2. The Department reserves the right to add or remove pumps and locations to this contract.

At time of notification the Contractor shall accept responsibility for all pumps and locations.

3.6. Work Details

3.6.1. Call Out Notification

3.6.1.1. The Department shall notify the Contractor via email when a repair or preventative maintenance is needed and advise the Contractor of work location and the extent of the repairs. The Contractor shall coordinate with the Department and perform a site visit within 10 calendar days after notice.

3.6.1.2. The Contractor shall provide an itemized quote within 10 calendar days after the site visit has been performed. The quote shall include equipment required, parts and supplies, diagnosis of equipment failure, proper units of measure, quantities, number of personnel, number of estimated hours to complete the work, proposed start work date and completion work date, and cost to perform service.

3.6.1.2.1. Upon request the Contractor shall develop potential alternatives with costs, in the case of repair verses replacement.

3.6.1.3. Once approved by the Department, a PO will be issued.

3.6.1.4. In emergency cases, the response time shall be within thirty (30) minutes of notification and repairs shall begin within four (4) hours of notification, unless otherwise agreed to by the Department.

3.6.2. The Contractor shall verify quantities prior to the start of any project. All changes must be approved by the Department prior to the start of work. Any changes to the quantities and/or scope encountered once the project begins shall be immediately brought to the attention of the Department. The changes must be reviewed and approved, in writing, before any additional and/or new work is done. Any work that is done beyond the approved quote/ Purchase Order shall not be eligible for payment, including any associated traffic control.

3.6.3. The Contractor shall commit to having sufficient local resources (materials, personnel and equipment) and/or access to additional resources that are necessary to do a project within twenty (20) calendar days of request, and within four (4) hours of request for emergency call outs.

4. Specific Requirements

4.1. Diagnosis and Repair

4.1.1. Contractor shall diagnose pumps and provide an estimate to repair or replace Pump, and an estimated timeframe to complete the repair or replacement.

4.1.2. Once approved by the Department, the Contractor shall complete the repair on-site, or at their own facility depending on the scope of the repair and approval by the Department.

4.2. Preventative Maintenance

4.2.1. Preventative maintenance, inspection and/or servicing of the Pumps and Gearheads may be requested by the Department on an as needed basis.

4.2.1.1. Preventative Maintenance shall include, but is not limited to checking, analyzing or replacing the fluids in the pumps.

4.2.1.2. Inspection shall include, but is not limited to performing inspection of cable, power, and electrical cabinets, clean and dry and impeller clearances.

4.2.1.3. Service shall include, but is not limited to inspecting overall pump condition, impeller trimming, wear part control and replacement, zinc anode replacement, stator inspection and rotation checks.

4.3. Parts and Supplies

4.3.1. The Contractor shall be responsible for supplying any necessary parts and supplies required for completion of the job.

4.3.1.1. At the time of providing a quote, the Contractor shall provide the Department with an estimated amount for parts and supplies.

4.3.1.2. These costs must be approved by the Department prior to the Contractor ordering parts and supplies. If the cost will exceed the amount originally authorized in a purchase order, a change order must be issued before services are rendered.

4.3.1.3. Parts and Supplies shall be billed at cost plus a markup percentage, excluding shipping costs. This markup percentage shall account for overhead and profit.

4.3.1.4. Shipping costs shall be added separately and no markup will be applied.

4.3.1.5. Markup percentage shall not exceed the amount identified in the contract price sheet.

4.3.1.6. Upon Request, Evidence of the cost, such as the Manufacturer’s invoice or proof of payment shall be supplied to the Department at the time of invoicing.

4.4. Replacement Pumps

4.4.1 In the case of the purchase of a completed replacement Pump, the Contractor shall provide the Base cost of the Pump, the applicable discount as shown on the Price Sheet, and the final Cost to the Department.

4.4.1.1. Specification shall be provided to ensure Replacement Pump is equal to or better than the pump being replaced.

4.4.1.2. All Manufacturer Warranties shall be passed along to the Department.

4.5. Corrective Re-work

4.5.1. The contractor shall be responsible for removal of storm pumps from its original location to the Contractor’s facility. The Contractor shall also be responsible for replacing the storm pump to the original location if required by the Department.

4.5.2. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and of corrective re-work. If deficiencies are noted, a copy of the completed Vendor Performance Report, Exhibit 5, shall be forwarded to the Procurement Officer. A copy of the report will also be furnished to the Contractor.

4.5.3. The Contract shall re-work any unacceptable work, including traffic control, if needed in a professional manner and at no cost to the Department. When written notice of performance deficiencies is delivered to the contractor, the contractor shall, at no cost to the Department, correct the deficiencies to the written approval of the Department. This shall include deficiencies found within the corrective re-work.

4.6. Work Schedule

4.6.1. The Department shall specify the work schedule per project. The Contractor shall adhere to the work schedule specified by the Department.

4.7. Equipment

4.7.1. Contractor shall provide and maintain all equipment sufficient in number(s), operational condition and capacity to efficiently perform the work and render the services required by this contract during the entire period of this contract. This includes sufficient “back-up” equipment to provide uninterrupted service when equipment breakdown occurs.

4.7.2. The Contractor shall be solely responsible for any back-up equipment breakdown repair cost associated with this service.

4.7.3. Contractor’s equipment shall comply with all applicable local, state, federal, and tribal laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils or tribunals.

4.7.4. The Contractor shall provide and maintain all appropriate, required safety and equipment permits.

4.7.5. All vehicles shall have effective communication capabilities. Communication devices shall be fully operational and available for immediate use during all work operations.

4.7.6. The Department reserves the right to inspect equipment at any time and require the replacement or repair of any equipment with system failure that can affect the safe operation of that equipment.

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

4.7.8. The Contractor’s vehicles and mobile equipment shall be clearly marked with company name and/or logo and an identification number.

4.7.9. All Contractor’s vehicle’s and equipment shall meet or exceed the lighting requirements set forth in Federal Motor Vehicle Safety Standards and Arizona Revised Statutes, Title 28, regarding minimum vehicle marking and ancillary lighting. All emergency and hazard-warning lighting on equipment must meet or exceed SAE J-595 Class 1 for warning light devices. Lights shall be visible from all directions for a distance of 500 feet to the oncoming traffic at all times and not be blocked by material in truck beds and trailers.

4.7.10. Markup percentage shall not exceed the amount identified in the contract price sheet.

4.7.11. Upon request, evidence of the cost, such as the Manufacturer’s invoice or proof of payment shall be supplied to the Department at the time of invoicing.

4.7.12. Confined Space Equipment:

4.7.12.1. Contractor’s shall provide their employees with confined Space equipment as specified in sections as specified in paragraphs (d)(4)(i) through (d)(4)(ix) of https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.146

4.7.12.2. Contractors shall maintain confined space equipment and ensure their employees use equipment properly.

4.7.13. Rental Pumps & Backup Equipment

4.7.13.1. Rental Pumps and Equipment shall be supplied on an as needed basis to allow for sufficient pumping at the specified location.

4.8. Maintenance & Protection of Traffic Control

4.8.1. If requested by the Department, the Contractor may be required to provide traffic control services, the Contractor shall maintain all traffic control throughout the work area and protected in accordance with the requirements below, current editions, including errata and addenda:

• ADOT Standard Specifications for Road & Bridge, Section 701:

https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_ for_Road_and_Bridge_Construction_PC.pdf

• MUTCD Standards: https://mutcd.fhwa.dot.gov/

• MASH Crashworthy Work Zone Traffic Control Devices:

https://highways.dot.gov/safety/rwd/reduce-crash-severity/aashto-guidance

• ADOT Traffic Control Design Guidelines and the Arizona Supplement to the current

Edition of MUTCD: https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references

• American Traffic Safety Services Association: https://www.atssa.com/

4.8.1.1. These manuals address only minimum standards for traffic control. If any conditions exist, that are judged by the Department, that require additional or special traffic control methods or signing, the Contractor shall supply such traffic control at no additional cost to the Department.

4.8.2. In addition to the required Maintenance and Protection of Traffic Control, the use of a TL

3 Truck Mounted Attenuator shall be required at all times during any work within clear/recovery zone with below exceptions:

4.8.2.1. Use of attenuators is not required for work on 2-lane highways with lane closures and flagging/pilot operations.

4.8.2.2. Use of attenuators may be omitted on shoulder work when the shoulder is so narrow, soft, etc. that vehicles cannot completely pull off the roadway, which would result in the side of the vehicle obstructing a travel lane. Determination of unsatisfactory shoulder conditions shall be determined on a site specific basis with the Department’s approval.

4.8.3. All traffic control devices shall be furnished by the Contractor and must be in place prior to the start of work.

4.8.4. The marker installation vehicle, traffic control vehicle(s), with Truck Mounted Attenuator,(TMA,) and traffic control vehicles shall have self-contained flashing arrow panels.

4.8.5. All moving installation operations shall stop at a regular interval, as determined by the Department for the clearing of the queued vehicles.

4.8.6. All traffic control devices shall meet the requirements set forth in the MUTCD for size, color, reflectivity, and construction, and shall be maintained in a clean and serviceable condition at all times. All traffic control devices shall be kept free from dirt, mud, and roadway grime. Scratched, rips, and tears in reflective sheeting shall be promptly corrected by the Contractor.

https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf https://azdot.gov/sites/default/files/media/2021/04/2021_Standard_Specifications_for_Road_and_Bridge_Construction_PC.pdf https://mutcd.fhwa.dot.gov/ https://highways.dot.gov/safety/rwd/reduce-crash-severity/aashto-guidance https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://azdot.gov/business/engineering-and-construction/traffic/traffic-engineering-references https://www.atssa.com/

4.8.7. Any unsuitable or unserviceable devices shall be replaced immediately, upon demand of the Department. The Department shall be the sole authority in determining the serviceability of the traffic control devices.

4.8.8. Traffic control set-ups shall be continually observed and maintained by the Contractor’s personnel.

4.8.9. The Contractor is responsible to ensure that all traffic control devices are in place and functional at all times.

4.8.10. No traffic control devices shall be stored within thirty (30) feet of the roadway.

4.8.11. Requirements for National Cooperative Highway Research Program (NCHRP-350) and the AASHTO Manual for Assessing Safety Hardware (MASH) Crashworthy Work Zone Traffic Control Devices can be located in the following links:

● NCHRP-350 https://ops.fhwa.dot.gov/wz/resources/final_rule.htm

● MASH https://highways.dot.gov/safety/rwd/reduce-crash-severity

4.8.12. During work periods where lane closures are necessary, the Contractor shall maintain a minimum of one (1) lane of traffic. Where no lane closure is necessary but where there is construction alongside the roadway, the Contractor shall place 48” X 48” “ROAD WORK AHEAD” (W20-1) and “SHOULDER WORK AHEAD” (W21-5C) signing as directed by the Department to alert the public to the construction activities.

4.8.13. Arrow panels shall be truck or trailer mounted and shall be of the sequential chevron type.

4.8.14. The Contractor shall stabilize or ballast barricades by placing sandbags on the lower parts of the frame or stays when required. Ballast (sandbags) shall not be placed on top of any barricade rail. When used, barricade warning lights shall conform to the requirements of Section 6F.83 – Warning lights of the MUTCD.

4.8.15. The Contractor shall provide regulatory signs as directed by the Department.

4.9. Traffic Control Plans

4.9.1. If requested, the Contractor shall provide the Department with a traffic control plan, for each location along with a detailed schedule showing the work activities and duration and submit them to the Department for approval prior to the commencement of any work on the project. The Contractor’s proposal shall be submitted early enough to allow at least 10 business days for review and approval before use of the proposed traffic control plan.

4.9.2. Any Department requested revisions to the Contractor’s traffic control plan shall be revised and submitted to the Department within 48 hours. This shall include a revised quote, if applicable.

https://app.az.gov/ https://ops.fhwa.dot.gov/wz/resources/final_rule.htm https://highways.dot.gov/safety/rwd/reduce-crash-severity

4.9.3. The individual developing the traffic control plan as well as the Contractor’s supervisor must be American Traffic Safety Services Association (A.T.S.S.A.) trained and certified. The certification must be current and must be valid throughout the duration of the project and life of the contract. The Contractor will provide A.T.S.S.A. certified traffic control technicians for all traffic control activities.

4.9.4. If traffic control is being performed by a Subcontractor, the Contractor shall identify the company on the traffic control plan(s). The traffic control plans shall include the name of the company, address, telephone number, and name of the contact person.

4.9.5. The Contractor’s traffic control plan shall include a flagging operation when the site is a two-way roadway.

4.9.5.1. The Contractor shall furnish verification to the Project Manager that all civilian flaggers have completed a recognized training and certification program.

4.9.5.2. Certification through other programs offering flagger training must be approved by the Project Manager.

4.9.5.3. Flagger certification must be current. Training and certification shall be required at least once every 4 years.

4.9.6. Traffic Control – Off Duty Uniformed Law Enforcement Officers

4.9.6.1. Law Enforcement is defined as sworn uniformed off-duty police officers with properly identified police vehicle that has working blue and red flashing lights. The intent of having law enforcement included in a project is to assist with setting up traffic control and monitoring the work zone.

4.9.6.2. In utilizing law enforcement in ADOT work zones, the officers should be encouraged to be alert and monitor the entire work zones. The officers should not conduct personal business while on the job site. The officer should be encouraged to spend part of their time outside the vehicle, being visible to the public.

4.9.6.2.1. To contact the Arizona Department of Public Safety (DPS) regarding off-duty traffic control services, you can reach them through their main line at (602) 223-2000.

4.9.6.3. While you can contact DPS directly, many private companies specialize in providing off-duty law enforcement officers for traffic control services in Arizona.

4.9.6.4. All off-duty Uniformed Law Enforcement personnel utilized under this Contract must be certified by the Arizona Law Enforcement Officer Advisory Council

(ALEOAC).

4.9.6.5. Arrangements shall be made at least two (2) days prior to the event.

4.9.7. Patrols should be scheduled when workers are present without positive barrier protection

(temporary concrete barrier) or when exceptional hazards exist, such as during set up of traffic control.

4.9.8. If traffic violations are observed, the officers have an obligation to pursue and cite motorists while on this type of assignment.

4.9.9. If the Contractor supplements their traffic control with Off-Duty Uniformed Law Enforcement Officers, the Contractor shall submit a request for the use of Off-Duty Uniformed Law Enforcement Officers to the Department for their approval. The Department shall have final authority in determining the need for Off-Duty Uniformed Law Enforcement Officers and the number and duration of officers required.

4.9.10. The Contractor shall not use any Off-Duty Uniformed Law Enforcement Officers or vehicle without prior approval by the Department.

4.9.11. In the event that a job is canceled for any reason, the Contractor shall notify the Law Enforcement Agency at least 4 hours prior to the scheduled start time for the job. An officer who reports as scheduled when construction was not canceled 4 hours prior will be paid a minimum of 2 hours show up time.

4.9.12. In the event an Off-Duty Uniformed Law Enforcement Officer is scheduled for a job and it is canceled due to mechanical breakdown after the job has begun, the officer will be paid for a minimum of 2 hours. Off Duty Uniformed Law Enforcement Officers will be paid a minimum of 2 hours regardless of the length of time the job is scheduled to run.

4.9.13. The Department shall verify the Off-Duty Uniformed Law Enforcement Officers’ hours and all paperwork. The information required will include the officer’s name, badge number, start and stop times, and hours worked at the job site.

4.9.14. Off-Duty Uniformed Law Enforcement Officers shall submit all paperwork to the

Contractor who shall sign off on the hours worked and submit it with invoicing.

4.10. Brand Name or Equal

4.10.1. There are currently a number of products that have been determined, through evaluation and/or testing, to be equivalent to the requirements of these specifications.

4.10.2. 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.

4.10.3. Products that are of equal quality, type of material, design and performance will be considered if sufficient evidence and information is given to establish it as an equal, and the Department determines the product to be an equal to the named brand and these specifications.

4.10.4. A listing of the product brand(s) which have performed acceptably and meet Departments standards for storm pumps and related components to be utilized for use on this contract.

These brands shall include, but are not limited to the following:

Johnson Cascade Flygt Scan Aurora Waukesha Veriline Peerless Fairbank Morse Berkley Paco Byron Jackson Holloshaft-US Motors Lane/Bowler Couch

4.10.5. Additional products may be approved upon request and evaluated by the Department.

4.11. Reports

4.11.1. The Contractor shall prepare and submit a Daily Work and Quantities Report, Exhibit 4, and if applicable, a Traffic Control Activity and Usage Report, Exhibit 10, within two working days, at the request of the Department. These reports may be modified at any time to meet the needs of the Department. Additionally, the Contractor shall commit to keeping an accurate, timely accounting of the type and quantity of materials applied per day per project. The Contractor shall coordinate and fully cooperate with the Department to this regard.

4.11.2. The Daily Work and Quantities Report, Exhibit 4, shall include, but is not limited to, the following:

• Contract name and number

• Date

• Site locations (route and milepost markers)

• Names of employees

• Work schedules

• Equipment type and hourly usage

• Victims, suspects or witnesses information (Name, address, license plate number, physical description, vehicle description)

4.11.3. Additional information may include circumstances, time, location, and other pertinent information regarding the situation.

4.11.4. All available information regarding accidents, incidents, unusual occurrences that take place in the work locations shall be recorded. Refer to Traffic Control Activity and Usage

Report, Exhibit 10. This information may include: name, address, physical description, age, license plate number, vehicle descriptions, etc., of victims, suspects and witnesses.

Additional information may include circumstances, time, locations, and other pertinent information regarding the situation.

4.12. SAFETY, SANITARY, & HEALTH CONDITIONS

4.12.1. The Contractor shall provide and maintain a Safety Plan, in writing, addressing the hazards likely to be encountered. The safety plan shall be submitted for review to the Department prior to commencing work. Confined Space Entry procedures for recovery of inspection equipment without personnel entry into the confined space shall be defined in the written safety plan.

4.12.2. Confined Space

4.12.2.1. Contract Specifications require all Contractor employees to follow all Safety Rules and Regulation Requirements and comply with Occupational Safety and Health Administration (OSHA) Permit Required Confined Spaces and its revisions.

4.12.2.2. The Contractor shall furnish all required permits including Confined Space Work permits to the Department before any work can begin.

4.12.2.3. Prior to each project with confined space requirements, the Contractor shall provide a Confined Space Plan at the Department’s request for approval in writing shall include, but is not limited to the following key elements:

4.12.2.3.1. Confined space identification

4.12.2.3.2. Hazard assessment

4.12.2.3.3. Atmospheric monitoring

4.12.2.3.4. Entry permit system (detailed information about the space)

4.12.2.3.4.1. Planned work activities

4.12.2.3.4.2. Assigned personnel (entrants and attendants)

4.12.2.3.4.3. Emergency contact details.

4.12.2.3.5. Entry and attendant roles

4.12.2.3.6. Personal protective equipment (PPE)

4.12.2.3.7. Ventilation and purging procedures

4.12.2.3.8. Emergency rescue plan

4.12.2.3.9. Worker training

4.12.2.3.10. Documentation and recordkeeping

4.12.2.3.11. Maintain detailed records of all confined space entries, including

4.12.2.3.11.1. Permits

4.12.2.3.11.2. Atmospheric monitoring results

4.12.2.3.11.3. Entry and exit times

4.12.2.3.11.4. Any incidents or near-misses

4.12.2.4. As per the OSHA requirements, Contractor shall employ and maintain the following items to include but not limited to:

4.12.2.4.1. Mandatory training

4.12.2.4.2. Required Permits

4.12.2.4.3. Practices and Procedures to protect employees in general industry from the hazards of entry into permit-required confined spaces.

4.12.2.4.4. Communication Devices

4.12.2.4.5. Rescue Plan

4.12.2.4.6. PPE Equipment

4.12.2.4.6.1. All Contractor’s employees working within the

State Right-of-Way will be required to wear PPE (Personal Protective Equipment) consisting at a minimum of a Hard hat, Safety Vest (Type III) and protective footwear unless working in confined spaces. Employees working inside confined spaces shall wear appropriate PPE per OSHA regulations

1910.146. (d) (4).

5. Contractor’s Responsibilities

5.1. Work Commencement Meeting

5.1.1. Prior to commencement of work, the Department will arrange a meeting with the

Contractor to discuss operational plans for execution of the contracted work. At this meeting, the Contractor shall provide:

5.1.1.1. Personnel List - The Contractor shall submit a list with names and contact numbers of key personnel and On-Site Supervisor(s) who will be accountable for day to day decisions.

5.1.1.2. Safety Plan - The Contractor shall submit a copy of the Safety Program Plan, Exhibit 6, to the Department at this meeting.

5.2. The Contractor shall comply with the Social Security Act, Workers’ Compensation laws, and

Unemployment laws of the State of Arizona as well as all State, Local, Federal and Tribal legislation, rules and regulations associated with maintenance and construction relevant to the Contractor's business.

5.3. The Contractor shall meet the Department’s Safety and Standard business practices, and ensure that damage is not inflicted to existing grounds, utilities, highway milepost markers, signs, delineators or other structures.

5.4. Damage to stop signs, yield signs, railroad crossing or other regulatory signs shall be reported to the Department and the District Regional Signing and Striping Supervisor immediately. Immediate is considered to be within one (1) hour of occurrence.

5.5. Contractor’s Employees

5.5.1. The Contractor shall provide mentally alert, adequately trained and qualified employees to ensure contracted services progress in a safe, orderly and timely manner.

5.5.2. The Contractor shall provide an adequate number of qualified and experienced employees to complete the work.

5.5.3. All persons engaged in performance of work under this contract shall be, unless otherwise approved by the Department, direct bona fide employees of the contractor and shall not be leased employees, sub-contractors, or independent contractors. The Department may require verification of the nature of employment of the employees. This requirement is not intended to preclude the use of sub-contractors for specialty services.

5.5.4. Due to the nature of the work performed, Contractor employees, in a particular sense, will represent the State to the motoring public. Employees shall treat motorists in a friendly, courteous manner. Employees should keep well informed on local road conditions, detours, points of interest, and services available, but shall refrain from recommending any retail service over another.

5.5.5. All Contractors’ employees shall take all necessary operational and safety precautions during the performance of services to prevent accidents from occurring. Contractor shall ensure all of its employees are properly licensed to operate Contractor’s equipment and are properly trained in its use.

5.5.6. Employees and other individuals are prohibited from having firearms or weapons in their possession while on duty or performing the contracted services as stated herein.

5.5.7. No visitors, spouses or children of the contractor’s employees will be allowed in the work locations during working hours unless they are bona fide employees of the Contractor.

5.5.8. Parking of employee (personal) vehicles within the right-of-way will not be permitted.

5.5.9. Employees are required to comply with A.R.S. §28-731, Exhibit 7 which prohibits driving over, across, or within a highway median.

5.5.10. The Contractor and Contractor’s employees are strictly prohibited from operating or advertising any commercial enterprise or activity on any premises that are the subject of this contract, except as may be provided under other contracts to which the Department is a signatory A.R.S. § 28- 7053, Exhibit 8.

5.6. Language Requirement

5.6.1. The Contractor’s On-Site Supervisor and additional personnel as deemed necessary by the

Department shall communicate in English. This is not meant to require that all Contractor personnel speak, read and write English. This requirement is necessary due to the following reasons which include, but are not limited to:

• Warnings of emergencies and hazards

• Preparation of reports

• Communication with Department personnel

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

5.7. Supervision

5.7.1. The On-Site Supervisor shall have authority to make decisions concerning day-to-day operations and shall assist the Department in making on-site inspections and in coordinating other operational requirements.

5.7.2. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses, permits and certifications, traffic control plans, devices, and services required under this contract.

5.8. Communication

5.8.1. The On-Site Supervisor shall possess a means of communications with the Department in advance of and while performing any work under this contract. This form of communication may be a cellular telephone with hands free capability or any other effective forms of communication.

5.8.2. The cost of communication shall not be the responsibility of the Department.

5.8.3. If the work location is within an area that is known to not receive cellular signal, communication by the On-Site Supervisor and the Department shall be in writing.

5.8.4. The contractor shall provide the Department with the names and telephone numbers of all On- Site supervisory personnel.

6. Department’s Responsibilities

6.1. The Department shall be responsible for the following:

6.1.1. Damage from Acts of Nature

6.1.1.1. The Department will be responsible for all damage caused by acts of nature to the Department’s property. If the damage is so severe that extended closure of the roadway is necessary, the Contractor’s duties and compensation may be suspended for the closure period.

6.2. Inspection

6.2.1. The Department shall perform periodic inspections to ascertain Contractor's compliance with contract requirements.

6.3. Work Acceptance

6.3.1. The Department shall decide all questions which may arise as to the quality and acceptability of any work performed under the contract.

6.3.2. Work shall be completed in a responsible and professional manner and in accordance with the specifications, schedules, test plans or performance and operating standards that are incorporated in the work assignment.

6.4. Suspension Of Work

6.4.1. The Contractor shall suspend operations if weather or road conditions are such that work operations cannot be carried out in a safe and effective manner, or will pose an environmental hazard. If such suspension occurs, the Contractor shall immediately notify the Project Manager.

6.4.2. The Department may suspend operations at any time, when in their judgment, present or impending weather conditions are such that operations cannot be carried out in a safe, effective manner.

6.4.3. The Department shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

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

2. CONTRACT EXTENSION

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

3. ELIGIBLE AGENCIES

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

4. NON-EXCLUSIVE CONTRACT

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

5. ORDERING PROCESS

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

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

6. DELIVERY

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

Delivery of the product does not constitute acceptance.

7. INSPECTION AND ACCEPTANCE

Each item delivered shall be subject to a complete inspection by the Department within 10 days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

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

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

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

8. INVOICING and PAYMENT

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

• Department Location’s Name and Address

• Vendor Name, Remit to Address and Contact Information

• Contract Number

• Purchase Order Number

• Invoice Number and Date

• Date the items were shipped to the Department

• Contract Line Item Number

• Line Item Description or Item or Service

• Quantity Purchased

• Line Item Unit of Measure

• Price per Unit and Total per Unit

• Catalog or Other Discount (if applicable)

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

• Applicable taxes

• Applicable Shipping/Freight Charges

• Total Invoice Amount Due

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

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

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.

9. 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.

10. 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.

11. 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.

12. 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.

13. WARRANTY

The Contractor warrants:

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

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

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

14. CURRENT PRODUCTS

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

15. PRODUCT DISCONTINUANCE

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

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

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

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

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

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

16. 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."

17. INDEMNIFICATION CLAUSE

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

18. INSURANCE:

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

18.1. Insurance Requirements

18.1.1. 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.

18.1.2. 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.

18.1.2.1. Minimum Scope and Limits of Insurance

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

18.1.2.1.1. 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…