CTR078186_Contract_Documents.pdf

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson Street

Phoenix, AZ 85007

Solicitation Amendment Summary SOLICITATION NO.: BPM006937 AMENDMENT NO.: One (1)

DESCRIPTION: Mechanical Sweeping Services – Phoenix Metropolitan Area

Rev. 03/2025

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced solicitation shall be amended as follows:

1. Exhibits

Exhibit 12 – Urban Curb Sweeping has been added as an attachment in APP.

2. All other terms, conditions and provisions of this solicitation remain unchanged.

Rev. 03/2025

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

REQUEST FOR PROPOSAL

SOLICITATION NUMBER: BPM006937

DESCRIPTION: Mechanical Street Sweeping Services– Phoenix Metropolitan Area

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.

Stacy Wiesner Procurement Officer Phone: 602.712.6939 Email: swiesner@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/ mailto:swiesner@azdot.gov

TABLE OF CONTENTS

Solicitation No: BPM006937 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Scope of Work 3

Special Terms and Conditions 15

Uniform Terms and Conditions 25

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 43

2 - Title VI/Non-Discrimination Assurances Appendix E 44

3 - Work Location Map 45

4 - Curb Mile Sweeping Schedule 46

5 - Non-Emergency Extra Work Task Order 47

6 - Non-Emergency Extra Work Daily Report 48

7 - Vehicle Inspection Report 49

8 - Curb Mile Sweeping Daily Work Report 50

9- Vendor Performance Report 51

10- Safety Program Plan Requirements 52

11- Quarterly Usage Report 53

12 - Urban Curb Sweeping Attached in APP

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 Mechanical Street Sweeping and large debris collection for Interstate and secondary highways.

2. Introduction and Background

2.1. The Department intends to establish a term contract for Mechanical Street Sweeping and large debris collection. The service shall include the removal and disposal of debris accumulated along the various State highways in the Department’s Phoenix Maintenance Area.

2.2. The Contractor shall furnish all necessary labor, tools, equipment, supplies, and materials including the use of an attenuator along the specified services.

3. General Requirements

3.1. Work Locations

3.1.1. The service area resides within boundaries of the District. Refer to Work Location Map, Exhibit 3. The complete service area listing for the routes and curb miles is listed in Curb Mile Sweeping Schedule, Exhibit 4.

3.1.2. The Department may adjust highway lane miles, adding or deleting, due to budget restraints, construction, closures or level of service in certain locations.

3.2. A Mash and NCHRP 350 attenuating device shall be required in conjunction with all sweeping of mainline highways (including freeway-to-freeway transition ramps). Refer to the following link:

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

4. Specific Requirements

4.1. Work Details

4.1.1. The Contractor shall be responsible for pick up and legal disposal of debris within the specified locations. Service areas include the curbs, shoulders, turnouts, gore points, intersections, and bridges along the mainline. Debris is defined as any object not made part of the roadway by ADOT, its Contractor, or Permittees. Such debris shall include, but not limited to: dust, sand, soil, paper, bricks, blocks, boards, cans, rubber, metal, fruit, vegetation, tires, containers and rocks.

4.1.2. Any part of the roadway that has separated from the road bed shall be considered debris and reported to the Department verbally. Examples are asphalt or concrete spalls.

4.1.3. The Contractor is responsible for cleaning up any spills created by equipment failure or by transfer of materials.

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

4.1.4. The Contractor shall carry on their 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 repair or replace any highway property damaged by work operations at their own expense and as directed by the Department. If the damage has to be repaired or replaced by the Department, the cost of such work shall be deducted from the Contractor’s final payment.

4.1.5. Damage to stop signs, yield signs, railroad crossings, or other regulatory signs shall be reported to the Department 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. No payment will be made to the Contractor until all damage has been repaired or replaced.

4.1.6. The Contractor shall not be responsible for the following items:

4.1.6.1. Cleaning in construction zones or debris generated during maintenance operations, vehicle wrecks and major spills.

4.1.6.2. Cleaning abnormal amounts of sand and/or debris that are the result of storms or flooding. Abnormal amounts of sand and/or debris are defined as accumulations which average two (2) inches or more in depth, are more than two (2) feet in width or more than 100 feet in length.

4.1.6.3. Clean up of hazardous materials. Under no condition will the Contractor be required to clean up materials known to be hazardous materials unless the hazard has been nullified, such as fuel which has been absorbed by an inert substance.

4.2. Work schedule

4.2.1. Sweeping shall be performed during the hours of 8:00 P.M. to 4:30 A.M. Sunday through

Friday, unless otherwise approved by the Department. Large debris pick up start time may precede sweeping by 1/2 hour (7:30 PM.). No work shall be performed during designated State holidays, sporting events or special activities unless approved by the Department.

4.3. Non-Emergency Extra Work

4.3.1. Extra work within the Phoenix Maintenance District shall be scheduled by the Department well in advance of the desired completion time. The Department shall issue a Non- Emergency Extra Work Task Order Exhibit 5. The Contractor’s response time shall be within five (5) business days from receipt of the Task Order.

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

4.4.2.1. An example of extra work may be sweeping prior to fog sealing a highway to remove loose debris/gravel.

4.3.3. A Non-Emergency Extra Work Task Order Exhibit 5 and a Contract Purchase Order for extra work are required before any work can proceed.

4.3.4. The Non-Emergency Extra Work Task Order Exhibit 5 task order must be signed by the Department and the Contractor. All work shall be completed in accordance with the agreed work schedule. Any work done by the Contractor without proper authorization shall not be eligible for payment.

4.3.5. Each Non-Emergency Extra Work Task Order Exhibit 5 issued for services will have a Project Manager for delegated responsibility under this contract. The Project Manager shall possess a copy of the task order during work operations.

4.3.6. Each time the Contractor performs non-emergency extra work; the Contractor shall complete and submit Non-Emergency Extra Work Daily Report, Exhibit 6.

4.4. Proposed Work Schedule

4.4.1. The Contractor shall provide the Department with a proposed work schedule at the Post Award meeting that shall be subject to the Department’s approval. The Contractor shall implement the work schedule once the Department approves it. The proposed work schedule shall consist of the following:

4.4.1.1. Be set on a daily calendar format identifying the individual service location to be cleaned each day.

4.4.1.2. Reflect adequate time and equipment for completion of all routine work activities on a daily basis.

4.4.1.3. The Contractor shall adhere to the approved work schedule and complete all routine work as scheduled unless circumstances occur that are beyond the control of the Contractor.

4.4.1.4. Significant changes in the Contractor’s schedule must be submitted in writing to the

Department and shall be accompanied by a proposed revised schedule. Upon approval by the Department, the Contractor may implement the revised schedule.

Minor changes to the schedule can be made by agreement between the Department’s Inspector and the Contractor’s On-Site Supervisor.

4.4.1.5. The Department reserves the right to make minor adjustments in the schedule at any time in order to avoid conflict with highway construction or maintenance operations, or to better serve the Department’s needs.

4.5. Curb Mile Sweeping

4.5.1. Mechanical broom sweeping services shall be required throughout the contract limits. The debris shall be removed by powered sweeping machines capable of picking up the material without coming to a complete stop.

4.5.2. It is the Department’s goal to sweep all mainline miles once a week. If funding allows, a second sweep may be requested in certain high usage sections agreed upon between the Department and the Contractor. It is anticipated that this secondary sweep could include up to 66% of the primary route. Ramps within the agreed upon areas may also be included, resulting in once per week sweeping of those ramps.

4.5.3. Sweepers shall be operated at a speed no more than twenty (20) miles per hour while performing sweeping services. Clean is defined as an absence of debris or material on the pavement.

4.5.4. Sweepers shall make as many passes as necessary on wide shoulders, ramps and gore points to clean from the fog line to the edge of the pavement.

4.5.5. During sweeping operations, water shall be used to control dust. The Contractor shall be responsible for obtaining the water required. Sweeping operations must cease when dust cannot be properly controlled.

4.6. Gore Points

4.6.1. Gore points are defined as areas between a through roadway and an entrance ramp or exit ramp that is marked by two solid white lines that guide the traffic entering or exiting a roadway. Refer to A.R.S. § 28-644 A.2.

4.6.2. The Contractor shall clean all gore points as directed by the Department. Gore points shall be swept from the mainline and ramp sides, to minimize area at the base of the triangle left upswept. Areas around the guardrail end treatments and stationary attenuators shall be cleaned as extra work at the discretion of the Department.

4.7. Pork Chops and Traffic Circles

4.7.1. Pork chops and traffic circles that are the responsibility of the Department shall be swept on the same schedule as the adjacent ramps. Pork chop sweeping shall consist of only the two

(2) sides adjacent to the ramp being swept, unless the Department is also responsible for sweeping the cross street. Pork chops shall be considered a monthly task but all sides do not need to be done at the same time. Adjacent corners may be left un-swept in favor of the pork chop side on an alternating sequence. At no time is reversing or backing permitted for completion of scheduled work.

4.8. Large Debris Collection

4.8.1. The Contractor shall perform large debris collection on the same night and route as sweeping, and the debris collection shall precede sweeping.

4.8.2. In addition to scheduled sweeping, the Contractor may be requested to perform large debris collection service on a weekly basis for all mainline highway segments, including all segments that are scheduled for sweeping less than once per week.

4.8.3. The Contractor shall be responsible for pick up and legal disposal of large debris on all paved shoulders of the mainline highway from the white fog line to the edge of pavement and within ten (10) feet of the edge of pavement.

4.8.4. Large debris shall include, but is not limited to: tires, tire pieces, automotive parts, five (5) gallon pails, furniture, bedding, clothing, carpet, hubcaps, cardboard boxes, ladders, pipe, wood skids, and other wood debris.

4.8.5. The Contractor shall store material or personal property collected that is believed to be of significant value for 30 days prior to disposal. Recovery items shall be recorded on all Curb Mile Sweeping Daily Work Report, Exhibit 9. Items shall be surrendered to the Department if the owner identifies them.

4.8.6. The Department will not reimburse the Contractor for storage fees.

4.8.7. When large debris collection has concluded or the vehicle is operated at speeds in excess of 25 miles per hour the load shall be contained by a tarp or similar apparatus. No vehicle will be operated in an overweight condition.

4.8.8. An attenuator shall be used for all large debris collection on mainline highway segments.

4.9. Dump Sites and Disposal of Debris

4.9.1. The Contractor shall be responsible for disposing of all accumulated debris at a legal dumpsite or landfill. Any fees involved in using dump sites or landfills shall be the Contractor’s responsibility.

4.9.2. If disposal of accumulated debris is at other than established, legal dump sites or landfills, the Contractor shall furnish the Department at the Post Award meeting with evidence from the property owner or lessee and either the local or county government showing that permission has been granted to dump the materials at the location chosen.

4.10. Reporting

4.10.1. The Contractor shall complete a Curb Mile Sweeping Daily Work Report, Exhibit 8, or an approved equal along with other reports as required, and deliver them to the Department on a daily basis or as designated by the Department.

4.10.2. Each time the Contractor performs non-emergency, extra work; the Contractor shall complete and submit and submit a Non-Emergency Extra Work Report, Exhibit 6 to the Department. These reports may be modified at any time to meet the needs of the Department.

4.10.3. The Curb Mile Sweeping Daily Work Report, Exhibit 8, shall include, but not limited to, the following: contact name and number, date, beginning and ending site locations (milepost numbers), names of employees, equipment number, work hours, time and details of unusual activity (such as accidents). All information regarding accidents, incidents and unusual occurrences that take place in the work locations shall be recorded. The information shall include the following:

4.10.3.1. Name, address, physical description, age, license plate number, vehicle description(s), etc., number/name of victims, suspects and witnesses. Additional information shall include circumstances, times, location and other pertinent information regarding the situation.

4.11. Maintenance and Protection of Traffic

4.11.1. All traffic shall be maintained through the work area(s and protected in accordance with the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) current Edition as adopted by ADOT including errata and addenda, the ADOT Traffic Control Supplemental current Edition of the MUTCD and the ADOT Traffic Control Design Guidelines for Street and Highway Construction, Maintenance, Utility and Incident Management Operations, current Edition, including any future revisions. Refer to the following links:

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

Arizona Supplement to the current Edition of MUTCD: Arizona Supplement to the

2009 MUTCD

ADOT Traffic Control Design Guidelines: Temporary Traffic Control Design Guidelines (link is external)

4.11.2. 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:

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

4.11.3. These manuals address only the minimum standards for traffic control. If any conditions exist that are judged by the Department to require additional or special traffic control methods or signing, the Contractor shall supply such traffic control.

4.11.4. All traffic control and traffic control devices shall be furnished by the Contractor, and must be in place prior to the commencement of work.

4.11.5. In addition to the required Maintenance and Protection of Traffic (Traffic Control), the use of a TL-3 Truck Mounted Attenuator shall be required as stated elsewhere in this contract.

https://mutcd.fhwa.dot.gov/ https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/07/arizona-supplement-to-the-manual-on-uniform-traffic-control-devices-2009-mutcd-edition.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf https://azdot.gov/sites/default/files/2019/09/TrafficControlDesignGuidelines2019.pdf

4.11.6. Truck Mounted Attenuator (TMA) shall be utilized in all operations that restrict or eliminate usage of a traffic lane. All TMA’s shall have vehicle mounted arrow boards as well as other supplemental warning devices (active and passive).

4.11.7. The attenuator shall meet the requirements of Section 701-3.07 Truck Mounted Attenuators of Refer to the ADOT Standard Specifications for Road and Bridge Construction, current Edition, including errata and addenda. Refer to the following link:

4.11.8. The Contractor shall contact the Traffic Operations Center (TOC) prior to sweeping operations on specified routes to activate permanent Variable Message Sign (VMS) boards with programmed messages, and at the end of the operation, contact TOC to deactivate the VMS boards.

4.12. Equipment

4.12.1. 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 “backup” equipment to provide uninterrupted service when equipment breakdown occurs.

4.12.2. The Contractor shall have all necessary equipment in place and ready to commence work within thirty (30) days of contract award.

4.12.3. Equipment utilized in the execution of this contract shall comply with all applicable Federal, State and local laws, statutes, ordinances, rules and regulations, and the acts, codes, orders and decrees of any administrative bodies, councils, or tribunals. Contractor shall refer to the appropriate sections of the MUTCD and Standard Specifications.

4.12.4. The Equipment List, submitted with the offer, shall provide a listing of all equipment meeting these requirements and which will be available when performing these services under this contract

4.12.5. The Contractor shall be solely responsible for any equipment breakdown repair cost associated with this service.

4.12.6. All vehicles and trailers must be maintained in good repair, appearance and conditions at all times. All repairs to vehicles shall meet factory specifications. Truck beds and trailers shall be tight and have enclosed sideboards and covered tops capable of containing the debris collected. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected prior to using the equipment.

4.12.7. The Department reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards, utilizing a Vehicle Inspection Checklist, Exhibit 7. Equipment, machinery, component, or system failures that affect the safe operations of any equipment shall be corrected prior to using the equipment.

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

4.12.9. Vehicles utilized in this contract shall be equipped with amber rotating beacon 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. Rotating amber beacon lights shall be equal to Code Three 6105 rectangular and/or 550 round for uniformity. All sweepers and attenuator trucks used for this contract shall also have a type C arrow board (MUTCD 6F-6). Use of additional amber LED strobes is suggested. 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. Communication

4.13.1. The Contractor’s work vehicles, including sweepers, shall be equipped with means of immediate communications with the Department. Communication devices shall be fully operational and available for immediate use during all work operations.

4.13.2. Contractor shall have a web-based portal for accessing GPS information on Contractors’ vehicles, including sweepers, while performing sweeping services.

4.14. Storage

4.14.1. Equipment or support equipment shall not be stored in the highway Right-of-Way.

4.15. Sweepers

4.15.1. In addition to the general equipment requirements of this contract, during the term of this contract, sweepers utilized in performing the work shall be:

4.15.1.1. Uniform in appearance

4.15.1.2. Capable of travel at highway speeds of 55 mph, with sweeper equipment installed loaded or empty

4.15.1.3. Capable of retrieving debris without coming to a complete stop

4.15.1.4. Capable of sweeping a minimum width of five (5) feet in a single pass without the use of curb brooms

4.15.1.5. Equipped with adjustable curb brooms on both sides of the sweepers

4.15.1.6. Capable of having fuel capacity to provide for continuous operation for the duration of the work shift without refueling. Refueling on the paved portion of the roadway or within the Right-of-Way shall not be permitted

4.15.1.7. Required to have oversize vehicle permits if it exceeds legal width or height requirements. Appropriate signs must also be displayed on the vehicle

4.15.1.8. PM-10 compliant mechanical broom sweeper

4.16. Attenuator

4.16.1. The Contractor must use an approved attenuating device in conjunction with mainline sweeping and large debris operations.

4.16.2. An approved attenuating device shall be defined as a device attached to the rear of the sweeper or a large debris truck, with arrow board. It shall be uniform in appearance and capable of travel at highway speeds of 55 mph.

4.16.3. An approved attenuating device shall be used for all large debris collection on mainline highway segments.

4.17. Additional Equipment

4.17.1. Equipment, such as kick brooms and compact loaders, may be necessary to assist the

Department with road cleaning. All such equipment shall be listed on the Equipment List. All safety and serviceability requirements shall apply to this equipment.

4.18. Safety, Sanitary & Health Conditions

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

4.18.2. 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.

4.18.3. 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 and safety.

4.18.4. At all times while working within the Right-of-Way, Contractor employees shall wear Occupational Safety and Health Administration (OSHA) approved hard hats, high visibility OSHA approved safety vests (Type III), steel-toed footwear, and full length pants. Refer to the following link: https://www.osha.gov/

4.19. Performance Standards

4.19.1. The Department shall notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits. If deficiencies are noted, a copy of the completed Vendor Performance Report, Exhibit 9, will be furnished to the Contractor.

4.19.2. 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 approval of the Department.

https://www.osha.gov/

4.19.3. Repeated deficiencies or Contractor’s failure to improve documented performance deficiencies may result in the termination of the contract by the Department.

5. Contractor’s Responsibilities

5.1. The Contractor shall provide mentally alert, physically fit and adequately trained and qualified employees to perform all tasks to ensure contracted services are completed in a safe, orderly and timely manner.

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

5.3. All of the Contractor’s employees shall be in compliance with all OSHA and other State, Federal and Local regulatory agency requirements.

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

5.5. Language Requirement

5.5.1. 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 Contractors’ personnel speak, read and write English. This requirement is necessary due to the following reasons that include but are not limited to:

Warnings of emergencies and hazards

Preparation of reports

Communication with Department personnel

5.5.2. 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.

5.6. Supervision

5.6.1. The Contractor shall provide the Department with the names and telephone numbers of all

On-Site supervisory personnel. An On-Site Supervisor shall be in the work area at all times when work operations are taking place and shall oversee only the work associated with this contract at the assigned work locations.

5.6.2. The On-Site Supervisor shall have the authority to make decisions concerning day-to-day operations and shall assist the Department’s appointed representative in making on-site inspections and in coordinating other operational requirements. The On-Site Supervisor shall be competent in all matters relating to the specific job tasks, including required licenses and certifications.

5.6.3. The On-Site Supervisor shall be certified in First Aid and Cardio-Pulmonary Resuscitation, OSHA Regulations (Standards 29 CFR), First Aid and Medical Attention, Code of Federal Regulations (29 CFR 1926.23 and 1926.50 (c)). Each truck shall carry a first aid kit.

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

5.6.5. The On-Site Supervisor shall possess a means of communication with the Department in advance of and while performing any work under this contract. This form of communication may be cellular telephone.

5.6.6. The Contractor shall provide to the Department a device compatible with their vehicle-to-vehicle communications equipment, at no additional cost, to facilitate communications between the On-Site Supervisor and Departments’ Inspector. The Department shall not incur any charges for this means of communication.

5.7. Suspension of Work

5.7.1. 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. This includes seasonal conditions and/or conditions beyond the Departments’ control, such as excessive water flow in the tunnels, etc. If such suspension occurs, the Contractor shall immediately notify the Department.

6. Department’s Responsibilities

6.1. Acts of Nature

6.1.1. The Department will be responsible for all damage caused by acts of nature. If the damage is so severe that extended closure of 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 the Contractor’s compliance with contract requirements. The Department reserves the right to inspect equipment at any time and require the replacement of any equipment that does not meet minimum serviceability and safety standards.

6.3. Work Acceptance

6.3.1. The Department shall decide all questions that may arise as the quality and acceptability of any work performed under this 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, which are incorporated in the work assignment.

6.3.3. The Department shall notify the Contractor, verbally and in writing of any deficiencies found within the contract limits.

6.4. Project Meeting

6.4.1. Prior to the 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:

Point of Contact – The name of the Contractor’s Contact Representative who will oversee the work performed and their phone number.

Work Schedule – Prior to the start of each approved Task Assignment (TA), the Contractor shall provide the Department with a final work schedule as detailed in the Scope of Work, Section 4.4 Proposed Work Schedule.

Safety Plan – Prior to the start of work, the Contractor shall provide the Department with the Safety Plan. Refer to the Safety Program Plan Requirements, Exhibit 10.

6.5. Suspension of Work

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

6.5.2. The Department shall immediately suspend operations when work performance is observed in violation of safety rules, regulations or practices. Violation of safety rules, regulations or practices may be considered grounds for termination of the contract.

SPECIAL TERMS AND CONDITIONS

1. Contract Term

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

2. Contract Extension

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

3. Eligible Agencies

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

4. Non-Exclusive Contract

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

5. Ordering Process

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

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

6. Invoicing Requirements

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

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Invoices shall be submitted by the Contractor to:

Arizona Department of Transportation RTP Maintenance 2120 W Hilton Avenue, MD PM00 Phoenix, Arizona 85009-6988

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.

Fees and taxes associated with projects on tribal land shall be billed on a separate invoice from the Contractor along with proof of payment to the tribe; the Department will reimburse the Contractor all applicable taxes and fees upon the approval of the invoice and proof of payment.

7. Estimated Usage

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

8. Price Reduction

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

9. Price Increase

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

10. Contract Administration

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

11. Notices

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

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1655 W. Jackson Street, MD 100P

Phoenix, Arizona 85007-3276

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

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

12. Cancellation for Possession of Weapons on ADOT Property

The Contractor or any subcontractors are prohibited from having weapons in their possession or on their person within the building. Weapons shall be stored securely, consistent with A.R.S. § 13-3118, in the Contractor’s or any subcontractor’s vehicle if there are no storage amenities available at the ADOT facility. This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons.

13. Review of Contractor’s Work

Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at various stages. The Department reserves the right to make such reviews and pass upon the acceptability of the Contractor’s work. Partial acceptance shall not relieve the Contractor’s obligation to correct, without charge, any errors in the work performed under this contract.

14. Accuracy of Work

The Contractor shall be responsible for the accuracy of the work and shall promptly make all the necessary revisions or corrections resulting from errors and omissions on the part of the Contractor without additional compensation. Acceptance of the work by the Department shall not relieve the Contractor of the responsibility for subsequent correction of any such errors and clarification of ambiguities.

15. Indemnification

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, 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 subcontractor(s) is/are an agency, board, commission or university of the State of Arizona.

16. Insurance

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the

Department. Certificate(s) shall be received within five (5) calendar days of notification of contract award by the Procurement Officer.

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.

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.

A. Minimum Scope and Limits of Insurance

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

1. Commercial General Liability (CGL) – Occurrence Form

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

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Each Occurrence $1,000,000

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

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

2. Business Automobile Liability

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

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

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

b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, work performed by or on behalf of the Contractor.

3. Workers’ Compensation and Employers’ Liability

Workers’ Compensation Statutory

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

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

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

4. Contractors Pollution Liability

For losses caused by pollution conditions that arise from the operations of the Contractor as described in the Scope of Services section of this contract.

Per Occurrence $1,000,000

General Aggregate $2,000,000

a. Coverage must be identified specific to the operations as described in the Scope of Services in this Contract.

b. Must include coverage for pollution losses arising out of completed operations.

c. Pollution coverage must apply to all locations utilized for the acceptance, storage, or disposal of any hazardous materials.

d. The policy is to be written on an “occurrence” basis with no sunset clause. In the event that the Pollution Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract. That either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of ten (10) years beginning at the time this Contract is terminated.

e. Pollution coverage must apply to all phases of work described in the Scope of Services in this contract.

f. The policy shall include coverage for bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death and medical monitoring costs.

g. The policy shall include coverage for property damage, and physical damage to, or destruction of, tangible property including the resulting loss of use thereof, clean-up costs, and the loss of use of tangible property that has not been physically damaged or destroyed including diminution in value.

h. For losses that arise from the facility, coverage shall apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants, into or upon land, atmosphere, or any watercourse or body of water which results in cleanup costs, bodily injury or property damage.

i. The policy shall include coverage for environmental damage including physical damage to soil, surface water, ground water, plant, or animal life, caused by pollution conditions and giving rise to cleanup costs.

j. The policy shall include defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages.

k. The policy shall include coverage for asbestos and lead, mold, with no exclusions.

l. The policy shall include Non-Owned Disposal Site coverage.

m. The policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

n. The policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, work performed by the Contractor.

B. Additional Insurance Requirements

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

a. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the

Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).

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

C. Notice of Cancellation

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