CTR078009_Contract_Documents.pdf

Docusign Envelope ID: 85C97601-C514-44C1-AAAE-8AEB963E6199

July

7/31/2025

CTR078009

Rev. 11/2024

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM006781

DESCRIPTION: On-Call Milling & Asphalt Replacement Services

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

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Danyelle Ellington Senior Procurement Officer Phone: 602-712-8519 Email: dellington@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.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM006781 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 22

Uniform Terms and Conditions 31

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 48

2 - Title VI/Non-Discrimination Assurances Appendix E 49

3 - Work Location Map 50

4 - Task Assignment 51

5 - Daily Work and Traffic Control Activity Report 53

6 - Vendor Performance Report 55

7 - Quarterly Usage Report 56

8 - Safety Plan Requirements 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 on-call pavement milling and/or asphalt replacement services, and disposal of material throughout the State.

2. Introduction and Background

2.1. This contract will serve as the primary contract for future negotiated project related services, which will be assigned through separate Task Assignments (Exhibit 4) and Purchase Orders. Each final Task Assignment will include a specific Scope of Services for each project, a negotiated cost based upon contracted rates, and a project schedule.

2.2. The contract contains line items with fixed prices that are identified as not-to-exceed or maximum unit price. For those line items, Contractors may provide quotes on a Task Assignment request where the unit price is equal to or less than the unit price in the contract.

2.3. Projects will be assigned on an as needed basis and will range in complexity. There will be a mix of small, medium, and large projects; however, no assurance is given on the average size project.

2.4. The Contractor may be required, if requested by the Department, to provide traffic control services (including devices).

3. General Requirements

3.1. The Contractor shall furnish all necessary labor, tools, materials, equipment, and supplies to effectively perform the required services. The Contractor shall commit to having sufficient local resources (materials, personnel, and equipment), necessary to do emergency work. This includes ensuring sufficient backup resources are available to deliver uninterrupted services across multiple work locations simultaneously.

3.2. The work to be performed under this contract will be defined on a project‐by‐project basis.

3.3. All web links and personnel referenced throughout this solicitation are current as of the solicitation issue date, and are at the Department’s discretion.

3.4. Work Locations

3.4.1. The service area includes various U.S., State Route and Interstate Highways located within the Central, Southcentral, Southeast, Northeast, Northwest, Northcentral and Southwest Districts. Refer to Work Location Map, Exhibit 3.

3.4.2. Some work areas may be located in Native American Tribal Communities. The Contractor shall adhere to all Tribal rules and regulations, including any labor requirements, taxes, fees, licenses, permits or conditions that may be imposed by the Tribal community or reservation.

3.4.3. Some project locations may be located within National Park. The Contractor shall adhere to all National Park Services rules and regulations, including any licenses, permits or conditions that may be required.

3.4.4. Some work areas may be located in the National Forest. The Contractor must adhere to the National Forest Services rules and regulations when work areas are located in the National Forest. The Contractor shall also comply with the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction current Edition, including errata and addenda, Section 107.12, Forest Protection. Refer to the following links:

• Standard Specifications: https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list.

• National Forest: https://www.fs.usda.gov/about-agency/regulations-policies/laws-regulations

3.5. Work Details

3.5.1. The Contractor shall be responsible for certifying that all milling, overlay activities, and hauling is done in accordance with the Arizona Department of Transportation Standard Specifications for Road and Bridge Construction current Edition, including all addenda.

3.6. Work Schedule

3.6.1. All work shall be performed during the time requested by the Department. All work hours and days will be subjected to restrictions that are established by the Department.

3.6.2. The Contractor shall provide the Department Contract Representative with a Work Schedule and an estimated work completion date in writing and in accordance with the Task Assignment requirements. The schedule shall be defined prior to commencement of work, however, the Department reserves the right to make adjustments to the schedule at any time in order to avoid conflict with highway construction or maintenance operations, or to better serve the Department’s needs.

3.6.3. All Contractor generated plans and schedules are subject to the Department’s approval.

Any significant change to the schedule and/or plan must be submitted in writing for review and approval. No work shall be scheduled or traffic control implemented without written prior approval from the Department.

3.6.4. The Contractor shall schedule its paving operations in such a manner to eliminate exposed longitudinal edges over weekends or holidays.

3.7. Callout Notification

https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list https://azdot.gov/business/contracts-and-specifications/specifications-pay-items-list https://www.fs.usda.gov/about-agency/regulations-policies/laws-regulations https://www.fs.usda.gov/about-agency/regulations-policies/laws-regulations

3.7.1. The Department shall notify the Contractors by phone or email when work is needed and issue a Task Assignment, Exhibit 4, advising the Contractors of the work location, the extent of the work required, striping quantities, and the Task Assignment Due Date and Time.

3.7.1.1. If a Contractor does not intend to quote on a particular Task Assignment, they shall notify the Department prior to the Task Assignment Due Date and Time.

3.7.2. Once a Task Assignment is accepted by the Department, the Contractor shall not increase the total cost, which includes mobilization for that Task Assignment without an approved change order from the Department.

3.7.3. The Contractor shall be available to begin work within 14 calendar days (including weekends and State holidays) from approved task assignment and purchase order, unless otherwise approved by the Project Manager.

3.7.4. In emergency cases, the response time shall be within two (2) hours of notification and repairs shall begin within 24 hours of notification. Emergency work shall be indicated on the Task Assignment. Emergency work is defined as within 24 hours after notification by the Department.

3.7.5. A written Task Assignment, Exhibit 4, and Contract Purchase Order for each project are required before any work can proceed on any project.

3.7.6. No work shall begin until the quote is approved by the Department. Deviation from the amount reflected on the quote which results in an increased cost to the Department must be approved in writing prior to the commencement of work.

4. Specific Requirements

4.1. Hauling Millings

4.1.1. Milled material shall become property of the Department. Depending upon each specific job, the Department will designate if millings will be hauled to designated stockpiles in each district or if they will be directed to a place along the side of the road.

4.1.2. The Department may choose to have millings hauled and will include this information when issuing a Task Assignment.

4.1.3. Haul Millings – If millings will be hauled from the project site, the cost to haul millings will be paid per loaded cubic yard/mile from the project site to the haul milling location.

4.2. Disposal

4.2.1. It shall be the responsibility of the Contractor to provide for adequate disposal in approved landfills of any cleaning fluids, excess material and all empty containers. Venting of pavement marking materials on state property is allowed if approved by the Department. Cleanup of all vented material shall be the responsibility of the Contractor.

4.3. Milling

4.3.1. Milling shall adhere to ADOT Standard Specifications, Section 202-3.03 (C), including errata and addenda.

4.4. Mix Designs

4.4.1. Mix Designs shall adhere to the following ADOT Standard Specifications Sections, including errata and addenda, unless otherwise directed by the Department:

• Asphaltic Concrete Miscellaneous Structural 409-2.04

• Asphaltic Concrete (Asphalt Rubber) End Product 415-4

• Asphaltic Concrete End Product 416-4

• Asphaltic Concrete Alternative Mix Design 417-4

4.5. Asphaltic Concrete (Miscellaneous Structural)

4.5.1. Asphaltic Concrete (Miscellaneous Structural) shall adhere to ADOT Standard

Specifications, Section 409-1, including errata and addenda.

4.5.2. Thickness of the compacted asphaltic concrete shall be specified by the Department.

4.5.3. Materials

4.5.3.1. Mineral Aggregate

4.5.3.1.1. Mineral aggregate shall adhere to ADOT Standard Specifications, Section 409-2.01, including errata and addenda.

4.5.3.2. Bituminous Material

4.5.3.2.1. Bituminous Material shall adhere to ADOT Standard

Specifications, Section 409-2.02, including errata and addenda.

4.5.3.3. Mineral Admixture

4.5.3.3.1. Mineral Admixture shall adhere to ADOT Standard Specifications, Section 409-2.03, including errata and addenda.

4.5.3.4. Mix Design

4.5.3.4.1. Mix Design shall adhere to ADOT Standard Specifications, Section 409-2.04, including errata and addenda.

4.5.3.5. Alternate Mix Designs

4.5.3.5.1. Alternate Mix Designs may be requested by the Contractor. The Department shall review the requested alternate mix designs and give final decision.

4.5.3.6. Sampling and Testing Sampling

4.5.3.6.1. Sampling and Testing Sampling shall adhere to ADOT Standard Specifications, Section 409-2.05, including errata and addenda.

4.5.3.7. General Construction Requirements

4.5.3.7.1. General Construction Requirements shall adhere to ADOT Standard Specifications, Section 409-3.01, including errata and addenda.

4.5.3.8. Compaction

4.5.3.8.1. Compaction shall adhere to ADOT Standard Specifications, Section 409-3.02, including errata and addenda.

4.5.3.9. Acceptance

4.5.3.9.1. Acceptance shall adhere to ADOT Standard Specifications, Section 409-3.03, including errata and addenda.

4.6. Asphaltic Concrete Friction Course (Miscellaneous)

4.6.1. Asphaltic Concrete Friction Course (Miscellaneous) shall adhere to ADOT Standard

Specifications, Section 411-1, including errata and addenda.

4.6.2. Materials

4.6.2.1. Mineral Aggregate

4.6.2.1.1. Mineral aggregate shall adhere to ADOT Standard Specifications, Section 411-2.01, including errata and addenda.

4.6.2.2. Mineral Admixture

4.6.2.2.1. Mineral admixture shall adhere to ADOT Standard Specifications, Section 411-2.02, including errata and addenda.

4.6.2.3. Bituminous Material

4.6.2.3.1. Bituminous material shall adhere to ADOT Standard

Specifications, Section 411-2.03, including errata and addenda.

4.6.2.4. Proportions

4.6.2.4.1. Proportions shall adhere to ADOT Standard Specifications, Section 411-2.04, including errata and addenda.

4.6.2.5. Sampling and Testing

4.6.2.5.1. Sampling and Testing shall adhere to ADOT Standard Specifications, Section 411-2.05, including errata and addenda.

4.6.2.6. General Construction Requirements

4.6.2.6.1. General Construction Requirements shall adhere to ADOT Standard Specifications, Section 411-3.01, including errata and addenda.

4.6.2.6.2. The asphaltic concrete shall be placed, using approved equipment on Task Assignment, and methods per specifications herein, to the lines and grades shown on the Task Assignment, and as directed by the Department.

4.6.2.7. Compaction

4.6.2.7.1. Compaction shall adhere to ADOT Standard Specifications, Section 411-3.02, including errata and addenda.

4.6.2.8. Acceptance

4.6.2.8.1. Acceptance shall adhere to ADOT Standard Specifications, Section 411-3.03, including errata and addenda.

4.6.2.9. Tack Coat

4.6.2.9.1. Tack Coat shall adhere to ADOT Standard Specifications, Section 404-5, including errata and addenda.

4.6.2.9.2. The tack coat material and application of tack coat pricing will be included in the overall price of paving.

4.7. Asphaltic Concrete Friction Course

4.7.1. Asphaltic Concrete Friction Course shall adhere to ADOT Standard Specifications, Section

407-1, including errata and addenda or as directed and approved by the Department.

4.7.2. Asphaltic Concrete Mix Design

4.7.2.1. Asphaltic Concrete Mix Design shall adhere to ADOT Standard Specifications, Section 407-2, including errata and addenda.

4.7.3. Materials

4.7.3.1. Mineral Aggregate

4.7.3.1.1. Mineral aggregate shall adhere to ADOT Standard Specifications, Section 407-3.01, including errata and addenda.

4.7.3.2. Mineral Admixture

4.7.3.2.1. Mineral admixture shall adhere to ADOT Standard Specifications, Section 407-3.02, including errata and addenda.

4.7.3.3. Bituminous Material

4.7.3.3.1. Bituminous material shall adhere to ADOT Standard

Specifications, Section 407-3.03, including errata and addenda.

4.7.3.3.2. Asphalt Binder shall adhere to Stored Specification 1005-3.07.

4.7.3.4. Mix Design

4.7.3.4.1. Mix Design Revisions

4.7.3.4.1.1. Mix Design Revisions shall adhere to ADOT

Standard Specifications, Section 407-5, including errata and addenda.

4.7.3.5. Acceptance of Materials

4.7.3.5.1. Acceptance of Materials shall adhere to ADOT Standard Specifications, Section 407-6, including errata and addenda.

4.7.3.6. Mineral Aggregate

4.7.3.6.1. Mineral aggregate shall adhere to ADOT Standard Specifications, Section 407-6.02, including errata and addenda.

4.7.3.7. Asphaltic Concrete

4.7.3.7.1. Asphaltic Concrete shall adhere to ADOT Standard Specifications, Section 407-6.03, including errata and addenda.

4.7.3.8. Quality Control

4.7.3.8.1. Quality Control shall adhere to ADOT Standard Specifications, Section 407-7.01, including errata and addenda.

4.7.3.9. Stockpiling

4.7.3.9.1. Stockpiling shall adhere to ADOT Standard Specifications, Section 407-7.02, including errata and addenda.

4.7.3.10. Proportioning, Drying, Heating, and Mixing

4.7.3.10.1. Proportioning, Drying, Heating, and Mixing shall adhere to ADOT Standard Specifications, Section 407-7.03, including errata and addenda.

4.7.3.11. Placing and Finishing

4.7.3.11.1. Placing and Finishing shall adhere to ADOT Standard Specifications, Section 407-7.04 (A), including errata and addenda.

4.7.3.12. Placement Dates and Weather Requirements

4.7.3.12.1. Placement Dates and Weather Requirements shall adhere to ADOT Standard Specifications, Section 407-7.04 (1), including errata and addenda.

4.7.3.13. Delivery to Screed Unit

4.7.3.13.1. Delivery to Screed Unit shall adhere to ADOT Standard Specifications, Section 407-7.04 (2), including errata and addenda.

4.7.3.14. Loading Material into the Paving Machine

4.7.3.14.1. Loading Material into the Paving Machine shall adhere to ADOT Standard Specifications, Section 407-7.04 (B), including errata and addenda.

4.7.3.15. Placing and Finishing Asphaltic Concrete by Means of Self-Propelled Paving Machines

4.7.3.15.1. Placing and Finishing Asphaltic Concrete by Means of Self- Propelled Paving Machines shall adhere to ADOT Standard Specifications, Section 407-7.04 (C), including errata and addenda.

4.7.3.16. Automatically Actuated Control System

4.7.3.16.1. Automatically Actuated Control System shall adhere to ADOT Standard Specifications, Section 407-7.04 (D), including errata and addenda.

4.7.3.17. Joints

4.7.3.17.1. Joints shall adhere to ADOT Standard Specifications, Section 407- 7.05, including errata and addenda.

4.7.3.18. Compaction

4.7.3.18.1. Compaction shall adhere to ADOT Standard Specifications, Section 407-7.06 (A), including errata and addenda.

4.7.3.19. Equipment

4.7.3.19.1. Equipment shall adhere to ADOT Standard Specifications, Section 407-7.06 (B), including errata and addenda.

4.7.3.20. Rolling Procedure

4.7.3.20.1. Rolling Procedure shall adhere to ADOT Standard Specifications, Section 407-7.06 (C), including errata and addenda.

4.7.3.21. Compacting Miscellaneous Items and Surfaces

4.7.3.21.1. Compacting Miscellaneous Items and Surfaces shall adhere to ADOT Standard Specifications, Section 407-7.07, including errata and addenda.

4.7.3.22. Smoothness and Surface Tolerances

4.7.3.22.1. Smoothness and Surface Tolerances shall adhere to ADOT Standard Specifications, Section 407-7.08, including errata and addenda.

4.7.3.23. Acceptance

4.7.3.23.1. Asphaltic concrete acceptance shall adhere to ADOT Standard Specifications, Section 407-7.09, including errata and addenda.

4.8. Temporary Pavement Markings

4.8.1. Pavement markings shall include both long line and short line striping. Pavement markings shall adhere to the following ADOT Standard Specification Sections, including errata and addenda listed with their respective pavement marking type:

Pavement Marking Type ADOT Standard Specification Section Pavement Grooving and Surface Prep 402-5 Temporary Pavement Markings 701-2.05

ADOT Standard Drawings M-19 and M-20 (https://azdot.gov/business/engineering-and-construction/traffic/signing-and-marking-standard-sms-drawings)

Thermoplastic Pavement Markings 704 Primer Sealer 704-2.03 (O)

704-3.02 (E) Preformed Pavement Markings 705 Preformed pavement markings Type I 705-2.01.

Waterborne Pavement Markings 708 Dual Component Pavement Markings 709 Surveying and Layout 925

925-3.01 Rumble Strip Layout 925-3.01

Ground-In Rumble Strip 928

4.9. Mobilization

4.9.1. Mobilization includes, but is not limited to, the movement of personnel, equipment, supplies and incidentals to the project site; the establishment of all offices, buildings and other facilities necessary for work on the project, and for all work and operations that must be performed and costs incurred prior to beginning work on the various items on the project site.

4.9.2. The Contractor shall not charge more than one (1) mobilization charge per task assignment. If there are multiple projects on one (1) task assignment, the Contractor may include the mileage from one project to the other.

4.9.3. The mobilization rate shall be inclusive of all mobilization costs per mile from the

Contractor’s nearest yard or jobsite listed on the Task Assignment. This rate will be a not-to-exceed line item and the Contractors may offer mobilization rates less than the fixed price to gain a competitive advantage.

4.10. Extra Work

https://azdot.gov/business/engineering-and-construction/traffic/signing-and-marking-standard-sms-drawings https://azdot.gov/business/engineering-and-construction/traffic/signing-and-marking-standard-sms-drawings https://azdot.gov/business/engineering-and-construction/traffic/signing-and-marking-standard-sms-drawings

4.10.1. Extra work may include work that itself is not included within the normal scope, but is necessary for the satisfactory completion of the project.

4.10.1.1. An example of extra work may be raising manholes and raising water valves.

4.10.2. The Department shall indicate any extra work needed on the task assignment prior to receiving quotes from the Contractor.

4.10.3. Extra work shall be billed at the cost for the labor, materials, and equipment plus the markup percentage identified in the contract pricing. This markup percentage shall account for any overhead and profit.

4.10.4. Evidence of the cost shall be supplied to the Department.

4.10.5. All work done under the extra work line item shall be incidental in comparison to the overall task assignment. The total cost for extra work, including the markup percentage, shall not exceed five (5) % of the total project cost.

4.11. Contingency Allowance

4.11.1. A contingency allowance is to cover unforeseen conditions (such as an emergency), or necessary adjustments that may arise during the project. The total cost for the contingency allowance, including the markup percentage, shall not exceed five (5) % of the total project cost.

4.11.2. Work shall be billed at the cost for the labor, materials, and equipment, plus the markup percentage identified in the contract pricing. This markup percentage shall account for any overhead and profit.

4.11.3. The contingency allowance shall not be used for scope changes or added work without prior written authorization from the Department. The allowance shall be subject to the same review and approval process prior to the commencement of work.

4.11.4. Evidence of the cost shall be supplied to the Department.

4.12. Corrective Re-Work

4.12.1. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits and of the need for corrective re-work. If deficiencies are noted, a Vendor Performance Report, Exhibit 6, shall be completed and submitted to the Procurement Officer. A copy of the report will also be furnished to the Contractor.

4.12.2. The Contractor shall re-work any unacceptable work, including traffic control if needed, within fourteen (14) calendar days after notice, unless otherwise approved by the department, and at no cost to the Department. Repairs shall be accomplished in a professional manner.

4.13. Equipment

4.13.1. The Contractor shall provide and maintain during the entire period of this contract, equipment sufficient in number, operational condition and capacity to efficiently perform the work and render the services required by this contract. This includes sufficient “back-up” equipment to provide uninterrupted service when equipment breakdown occurs or when multiple work location activities occur.

4.13.2. All vehicles must be maintained in good repair, appearance, and conditions at all times.

The Department reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards and/or safety standards. Equipment shall be made available for the Department’s inspection, if inspection is so requested. Equipment, machinery, component, or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

4.13.3. Vehicles utilized in this contract shall be equipped with amber rotating beacons or strobe lights mounted in such a manner as to be seen above the cab of the vehicle from any direction for a distance of 500 feet. Lights shall be in operation at any time the vehicle is in use within the work location Right-of-Way. All equipment shall be equipped with a backup alarm.

4.13.4. Pick up brooms and side cast brooms shall be of the rotary type equipped, maintained and operated so that the bristles are of reasonably uniform length and capable of cleaning without gouging or tearing the surface.

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

4.13.6. Vehicles and equipment shall be maintained in a neat and serviceable condition. When required, Contractor’s vehicles and equipment shall be equipped with “SLOW MOVING” equipment symbols. The “SLOW MOVING” equipment symbols shall be in good repair and mounted in the center of the rear of the equipment.

4.13.7. Vehicle(s) shall be equipped with effective communication devices to facilitate communication and coordination with the Department, Contractor’s base facility, and Traffic Control. Communication devices shall be fully operational and available for immediate use during all work operations.

4.14. Maintenance & Protection of Traffic Control

4.14.1. The Department may require the Contractor to provide traffic control services. If so, the

Contractor shall adhere to the following requirements.

4.14.2. If requested, the Contractor shall maintain all traffic through the work area and protected in accordance with the requirements of the MUTCD current Edition as adopted by ADOT including errata and addenda, Section 701; the ADOT Supplement to current Edition of the MUTCD and ADOT Traffic Control Design Guidelines. Refer to the following links:

• MUTCD: https://mutcd.fhwa.dot.gov/

• 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 (ATSSA): https://www.atssa.com

4.14.3. 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:

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

• 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 should conditions shall be determined on a site specific basis with the Department’s approval.

4.14.4. These manuals address only minimum standards for traffic control, if any conditions exist, that are determined 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

4.14.5. When requested, all traffic control devices shall be furnished by the Contractor and must be in place, according to the approved plan, prior to the start of work.

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

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

4.14.8. The Contractor shall have variable message boards in place one (1) week in advance of the proposed work in order to alert the public of the work location, possible delays, and closures. At a minimum, one (1) message board shall be placed at each end of the limits of the work zone, for a total of two (2) message boards. Actual location shall be as directed by the Department.

4.14.9. 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 https://app.az.gov/ https://mutcd.fhwa.dot.gov/ 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/ roadway grime. Scratched, rips, and tears in reflective sheeting shall be promptly corrected by the Contractor.

4.14.10. Any unsuitable or unserviceable devices shall be replaced immediately, upon demand of

4.14.11. The Department shall be the sole authority in determining serviceability of the traffic control devices.

4.14.12. Traffic control set-ups shall be continually observed and maintained by the Contractor’s personnel when requested by the Department.

4.14.13. No traffic control devices shall be stored within thirty (30) feet of the roadway, unless specified otherwise by the Department.

4.14.14. 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 at the following links:

• NCHRP-350: https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_350-a.pdf

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

4.14.15. 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.

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

4.14.17. If a ramp or road closure is required, the traffic control plan must show a detour route.

Planned closures of consecutive “ON” or “OFF” ramps are NOT allowed unless approved by the Department.

4.14.18. The Contractor shall notify the Department five (5) days prior to establishing traffic control that restricts or closes a traffic lane and immediately upon dismantling any restriction or closure.

4.15. Traffic Control Plans

4.15.1. If requested and at no cost to the Department, the Contractor shall provide traffic control services. 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 https://app.az.gov/ https://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_350-a.pdf https://highways.dot.gov/safety/rwd/reduce-crash-severity the project. The Contractor’s proposal shall be submitted early enough to allow at least 14 calendar days for review and approval before use of the proposed traffic control plan.

4.15.2. Once approved, the traffic control plans shall not be changed without prior approval by the appropriate Regional Traffic Engineering or District office. Any changes to the accepted traffic control plan must be submitted two (2) business days in advance of scheduled work operations, excluding weekends and holidays.

4.15.3. Any Department requested revisions to the Contractor’s traffic control plans shall be revised and submitted to the Department within 24 hours. This shall include a revised quote, if applicable.

4.15.4. The individual developing the traffic control plan as well as the Contractor’s supervisor must be ATSSA trained and certified. The certification must be current and must be valid throughout the duration of the project and the life of the contract.

4.15.5. The Contractor will provide the ATSSA certified traffic control technicians for all traffic control activities.

4.15.6. 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.

4.15.7. The official report for all traffic control work done shall be recorded on the Daily Work & Traffic Control Activity Report, Exhibit 5, for each day in which traffic control activities are conducted.

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

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

4.15.10. All access to local business shall be kept open at all times. The Contractor shall, when necessary, provide crossing for vehicular or pedestrian traffic over the sealed surface by placing sand blotter.

4.16. DPS & Law Enforcement Officer and Vehicle Usage

4.16.1. Law enforcement is defined as sworn unformed off-duty police officers with a properly identified and marked 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.

4.16.2. In utilizing law enforcement in ADOT work zones, the officers should be encouraged to be alert and monitor the entire work zone. 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, begin visible to the public.

4.16.3. Patrols shall 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.

4.16.4. Upon request and approval of the Department, the Contractor or their subcontractor will coordinate with DPS for the utilization of their officers.

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

4.16.5. The only firms (referred to above the Contractor or subcontractor) that can contact DPS and arrange for officer/vehicle coverage are those approved by DPS and have executed an Off-Duty Law Enforcement Officers Agreement.

4.16.6. All Off-Duty Uniformed Law Enforcement personnel utilized under this contract must be certified by the Arizona Law Enforcement Office Advisory Council (ALEOAC).

4.16.7. The Contractor shall be responsible for all scheduling, contacting, and coordination as well as the payment of Off-Duty Unformed Law Enforcement Officers used on this contract.

4.16.8. The Contractor shall be responsible for all scheduling, contacting, and coordination as well as the payment of Off-Duty Uniformed Law Enforcement Officers used on this contract.

4.17. Reports

4.17.1. The Contractor shall complete the Daily Work and Traffic Control Activity Report, Exhibit

5 and deliver it daily to the Department. This report may be modified at any time to meet the needs of the Department. The report shall include, but not limited to the following:

• Contract name, number and date

• Route and beginning/ending mileposts

• Names of employees and work schedules

• Equipment details

• Unusual activity (accidents, incidents, vandalism)

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

4.17.2. The Contractor shall immediately notify the Department of any accidents, incidents or unusual occurrences and note them on the Daily Work and Traffic Control Activity Report.

4.17.3. The Contractor and Department shall verify estimated quantities.

4.18. Project Meeting

4.18.1. Prior to commencement of work, the Department will arrange a meeting with the Contractor and their staff to discuss operational plans for execution of the contracted work. At this meeting the Contractor shall submit the following:

4.18.1.1. Personnel List – The Contractor shall provide the Department with a personnel list to include the following: names and contact numbers of personnel. The list shall contain the name of the On-Site Supervisor who will oversee the work and their phone number.

4.18.1.2. Work Schedule – The Contractor shall provide the Project Manager with a final work schedule.

4.18.1.3. Safety Plan – The Contractor shall provide the Department with a copy of the safety plan.

4.18.1.4. The Contractor shall submit other items as required by the Department.

5. Contractor’s Responsibilities

5.1. General

5.1.1. The Contractor shall perform operations in such a manner that damage is not inflicted to existing grounds, utilities, highway milepost markers, signs, delineators or other structures. The Contractor shall be responsible for any highway property damaged by work operations.

5.1.2. 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. Damage to delineators shall be repaired within forty-eight (48) hours of occurrence.

5.2. Contractor’s Employees

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

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

5.2.2. All persons engaged in the 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 by employees, subcontractors, or independent Contractors. The Department may require verification of the nature of employment of the employees. This requirement is not intended to preclude the Contractor’s use of subcontractors for specialty services.

5.2.3. All Contractors’ employees shall take the 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 their use.

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

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

5.2.6. Parking of employees’ personal vehicles within the Right-of-Way is strictly prohibited.

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

5.2.7. All Contractors’ employees shall be in compliance with all OSHA, State, Federal and local regulatory agency/requirements.

5.2.8. The Contractor and Contractors’ employees are strictly prohibited from the operation of, or any advertising of 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. Refer to A.R.S. §28-7053.

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

5.3. Safety, Sanitary, & Health Conditions

5.3.1. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of the Contractor’s employees as may be necessary to comply with the requirements and regulations of the Arizona State Department of Health Services or other authorities having jurisdiction therein.

5.3.2. Attention is directed to Federal, State, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any workers to work in surroundings or under conditions that are unsanitary, hazardous or dangerous to their health or safety.

5.3.3. The Department shall be notified immediately of any incidents or conditions relative to public health or safety.

5.3.4. Contract specifications require all Contractor employees to wear OSHA approved hard hats, high visibility OSHA approved safety vests (Type III), steel toed footwear, shirts and full length pants at all times while working within the Department’s Right-of-Way. Refer to the following link: https://www.osha.gov/

5.4. Language Requirement

5.4.1. 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

5.4.2. 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 the Contractor representatives and the public will be understood.

5.5. Supervision

5.5.1. The Contractor shall designate an On-Site Supervisor and they shall be in the work area at all times when work operations are taking place.

5.5.2. The On-Site Supervisor shall have the 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.

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

5.5.4. A copy of this contract and any amendments thereto shall be in the possession of the On- Site Supervisor at all times when performing work under this service contract.

5.6. Communication

5.6.1. 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 cellular telephone with hands-free capability or mobile radio, and at no cost to the Department.

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

https://www.osha.gov/

5.6.3. The Contractor shall provide the Department with names and telephone numbers of all supervisory personnel who will oversee this contract.

6. Department’s Responsibilities

6.1. Acts of Nature

6.1.1. The Department will be responsible for all damage caused to the Department’s property by acts of nature. 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 will perform periodic inspections to ascertain the Contractor’s compliance with the contract requirements.

6.3. Work Acceptance

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

6.3.2. The Department will verify that all work is completed in a responsible and professional manner and in accordance with the specifications, schedules, or performance and operating standards that are incorporated in the work assignment.

6.4. Suspension of Work

6.4.1. The Department may suspend work operations at any time, when in their judgment, present or impending weather conditions are such that work operations cannot be carried out in a safe, effective manner. 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 date of award and shall continue for a period of twelve (12) months, 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 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.

Bituminous Price Adjustment

The term "Bituminous Material" as used herein shall include asphalt cement, liquid asphalt, and emulsified asphalt. Liquid asphalt prices shall be adjusted monthly, in accordance with the “Price Adjustment for Bituminous Material” index published by Contracts and Specifications Services Section published by the Asphalt Weekly Monitor, a publication of Poten & Partners, Inc. Price changes shall only be effective after a change order in Procurement Portal (APP) has been applied. All price changes will be effective the 1st of the month.

The tons of bituminous material incorporated in Asphaltic Concrete to which an adjustment will be applicable will be considered to equal (5%) percent of the quantity, measured in tons, of Asphaltic Concrete, regardless of the actual percentage of bituminous material incorporated into the mix.

Determination of the eligible quantities of bituminous material will be based on the calculations as listed below. Eligible Adjustment “Base Price” +/- “Adjustment for Bituminous Material” index published by Contracts and Specifications Services Section, published by the Asphalt Weekly Monitor, a publication of Poten & Partners, Inc.” = Difference X 5% = Eligible Price Adjustment.

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,…