CTR078408_Contract_Documents.pdf

ATTACHMENT 1

OFFER AND ACCEPTANCE

Solicitation No: BPM007073 Available online at https://app.az.gov

Rev. 03/2025

OFFER

TO THE STATE OF ARIZONA:

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

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

Address Printed Name Date

City State Zip Title

Email Address Phone Number

Company Email Address Fax Number

AN AWARD OF A CONTRACT UNDER THIS PROCUREMENT SHALL BE MADE ONLY TO A SMALL

BUSINESS AS DEFINFED IN A.A.C. R2-7-101. PURSUANT TO A.A.C. R2-7-101 A “SMALL BUSINESS” MEANS A FOR-PROFIT OR NOT-FOR-PROFIT ORGANIZATION, INCLUDING ITS AFFILIATES, WITH FEWER THAN 100 FULL-TIME EMPLOYEES OR GROSS ANNUAL RECEIPTS OF LESS THAN $4 MILLION FOR THE

LAST COMPLETE FISCAL YEAR.

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

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

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

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

State of Arizona

Effective this day of 20

Procurement Officer Awarded Date

Breinholt Contracting Company, Inc.

1955 W. Commerce Ave.

Gilbert AZ. 85233

Jon Garner 8/15/2025

Project Manager jon@breinholtinc.com info@breinholtinc.com

602.722.5025

480.497.4677

Docusign Envelope ID: 3900B8EF-498E-4998-BEB4-DF9908045676

25August21

8/21/2025

CTR078408

https://app.az.gov/

Rev. 03/2025

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

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

REQUEST FOR QUOTATION

SOLICITATION NUMBER: BPM007073

DESCRIPTION: Demolition of Parcel 7-12292

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. §41-2535 and A.A.C. R2-7-D302 and A.A.C. R2-7-D303.

☒ This procurement is restricted to small businesses in accordance with A.R.S. §41-2535.

☐ This procurement is NOT restricted to small businesses in accordance with A.R.S. §41-2535.

“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) 712-2089. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

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

TABLE OF CONTENTS

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 15

Uniform Terms and Conditions 25

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 41

2 - Title VI/Non-Discrimination Assurances Appendix E 42

3 - Project Location and Map Parcel 7-12292 43

4 - Safety Program Plan Requirements 47

5 - Notification for Renovation and Demolition Activities 48

6 - Approved Material Sources Attached in APP

7 - Asbestos and Lead Survey Report Attached in APP

SPECIFICATIONS

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 Demolition of an Industrial Building & Property, Parcel 7-12292.

2. Introduction and Background

2.1. Introduction

2.1.1. Any resultant contract will be utilized by the Department’s Right of Way (ROW) Group for demolition of one ROW parcel and their respective buildings, concrete, and vegetation located on Department owned properties. See Exhibit 3, Project Location & Map.

2.2. Background

2.2.1. Parcel 7-12292: Industrial Building and Property

2.2.1.1. This parcel contains a metal framed and sided industrial building approximately 7,320 square feet (sq. ft.) on concrete slab, with a roof that extends 29’ as an open canopy over an exterior concrete slab. Demolition consists of accessory structures including a metal framed and sided storage structure approximately 700 sq. ft. on a concrete slab, a water tower, miscellaneous concrete, asphalt, fencing, and vegetation on a 8.74 acre parcel.

2.2.2. The Department will have asbestos testing and abatement completed prior to any demolition. The Department will share the complete asbestos-containing material survey report upon request and it will be provided to the Contractor upon any subsequent contract award. All ACM/lead-containing debris shall be disposed of in compliance with County hazardous waste laws and regulations. See Exhibit 7, Asbestos/Lead Survey Reports.

3. General Requirements

3.1. Work Location

3.1.1. The Contractor shall provide demolition and site improvement services at the following location:

3.1.1.1. 7-12292: 17037 W. Yuma Rd., Goodyear AZ 85338

3.2. Time for Completion

3.2.1. Once demolition commences, the demolition at the work location is projected to take one

(1) week and shall not exceed ten (10) days.

3.2.2. The Contractor shall begin demolition services no later than fifteen (15) days after obtaining a Notice to Proceed and Purchase Order from the Department.

3.3. Work Schedule

3.3.1. All work shall be performed during daylight hours. The Contractor’s work hours shall correspond to the Department’s hours as provided by the PM (Project Manager) Demo Agent upon contract award. Work shall be performed Monday through Friday. No work shall be performed on weekends or State Holidays without prior written approval of the PM Demo Agent or their Representative. The Contractor shall submit their work schedule at the Post Award Meeting for the PM Demo Agent’s approval.

4. Specific Requirements

4.1. Clearance Procedures

4.1.1. Job Site

4.1.1.1. The Contractor shall maintain a clean job site and perform the work so as to minimize disruption to the normal residential or business operation at and around the project location. Proper dust control must be utilized throughout the demolition process. Upon completion of work the Contractor shall be responsible for cleaning and removing from the job site all debris, materials and equipment associated with the work and disposing properly at a legal landfill.

4.1.1.2. The Contractor shall carry on the operation in such a manner as to not damage existing grounds or other items that are not included in the scope of work. In the event damage occurs to Department property or any adjacent property by reason of any demolition operations performed under this contract, for whatever reason, the Contractor shall replace or repair the same as directed by the Department at no cost to the State. If damage caused by the Contractor has to be repaired or replaced by the Department, the cost of such work shall be deducted from the monies due to the Contractor.

4.1.1.3. Site developments to be removed include, but are not limited to, an attached concrete driveway; trees and landscaping.

4.1.2. Storage and Parking

4.1.2.1. No materials, building, debris or equipment shall be placed, parked or stored on any nearby parcel of land, either by the Contractor or its subcontractor without written permission from the owner or responsible official. Evidence of such permission must be presented to the PM Demo Agent at the time the Contractor's quote is submitted and prior to the commencement of any work pursuant to this contract.

4.1.2.2. All sidewalks, driveway entrances, alley entrances, curbs, gutter and streets that are not affected shall not be blocked by vehicles owned or operated by the Contractor.

4.1.2.3. Unless authorized in writing by the PM Demo Agent or designated representative, the Contractor shall not be allowed to drive across, park equipment, or otherwise utilize lots which have been cleared. This includes any Department lots that were cleared by others on previous contracts.

4.1.3. Security of Work Site

4.1.3.1. Commencing upon issuance of the Notice to Proceed to the Contractor, it shall be the Contractor's responsibility to ensure that all property remains secure until all demolition work is completed. An improvement is considered secure if all exterior doors, gates and windows are closed and locked, or if it is enclosed within a temporary chain link fence that is no less than 72” tall with a locked gate. Fencing needs will be identified by the PM Demo Agent prior to the Notice to Proceed.

4.1.4. Utilities

4.1.4.1. The Contractor shall coordinate with Blue Stake for the complete identification and location of all existing utility lines prior to the commencement of any work.

After Blue Stake has identified all utilities, the Contractor will be responsible to disconnect and/or remove all utilities as required by the Department. Any damage caused to any utility lines will be the responsibility of the Contractor.

4.1.5. Demolition and Site Clearance

4.1.5.1. Parcel 7-12292

4.1.5.1.1. The Contractor shall clear an approximate 8.74 acre parcel including demolition of a metal framed and sided industrial building approximately 7,320 sq. ft., as well as accessory structures including an open canopy, metal framed and sided storage structure, a water tower, and all miscellaneous fencing, concrete, asphalt, vegetation, and other debris.

4.1.5.1.2. The Contractor shall remove all perimeter fencing and vegetation.

4.1.5.1.3. The Contractor shall remove existing concrete scale on the northwest side of the property, backfill with dirt, and maintain the height of the land. Material sources shall be approved by the Department. See Exhibit 7 Approved Material Sources for reference.

4.1.5.1.4. The power poles on the north entrance of the property shall remain.

4.1.5.1.5. The property will not require berming.

4.1.5.2. Contractor shall remove all above and below ground debris and appurtenances including, but not limited to; the main structure, footings, foundations, floors, porches, private sidewalks and debris of any kind.

4.1.5.3. The Contractor shall complete the demolition and removal of all parking slabs, concrete and/or asphalt flatwork, accessory/detached structures, sheds or garages, trees, or any underground piping, junk, trash, or dead trees that may be present.

4.1.5.4. City sidewalks, curbs and gutters shall remain intact and undamaged. Any damage incurred to city property shall be the sole responsibility of the Contractor.

4.1.5.5. All slabs and pipes shall be properly removed and the PM Demo Agent may verify the completion of this by using a metal probe. If the Contractor fails to clear the lot in accordance with the specifications, payment may be withheld until the required work is complete.

4.1.5.6. After demolition is complete, the remaining site shall be a crusted dirt lot.

4.1.6. Excavation and Backfilling

4.1.6.1. The walls and floor of all basements, swimming pools, septic tanks and other below ground improvements shall be removed and the excavation left open until inspected by the PM Demo Agent.

4.1.6.2. All concrete, masonry and debris shall be removed and the excavation shall be backfilled to a 30° slope unless the PM Demo Agent requires it to be backfilled to grade.

4.1.6.3. The Contractor shall obtain written approval from the Department prior to bringing in any fill material.

4.1.7. All demolition activity shall be conducted under Arizona Department of Environmental Quality’s (ADEQ) soil and ADOT Erosion and pollution control standards and the Federal Clean Water Act.

4.2. Disposal of Materials

4.2.1. Salvage

4.2.1.1. The Department recognizes that a Contractor's bid may be influenced by the salvage value inherent in the items to be removed. However, the Department shall not be responsible for the loss of any salvageable materials because of theft, vandalism, fire, removal by the Department or other Contractors, or for any other reason.

4.2.1.2. Any income accrued to Contractor(s) as a result of selling salvageable items is an added bonus. Such income shall not be guaranteed by the Department, and no compensation will be made to the Contractor(s) for its partial or total loss, even if such loss results from the deletion of some item(s) or part(s) thereof by the Department.

4.2.1.3. The sale of salvageable items from the premises by the Contractor(s) or any subcontractor(s) to a third party at the job site is expressly prohibited. All salvage work shall be done only by the Contractor(s) or its subcontractor. The salvaged items shall be transported by the Contractor(s), or sub-contractor(s), away from the premises and other State Lands and shall be disposed of legally.

4.2.2. Removal and Disposal

4.2.2.1. The Contractor shall provide excavation, removal, and transportation of any organic or inorganic materials (non-hazardous) from a site as required by the Project Manager. These buried or stockpiled materials could include: dirt, soil, concrete waste, brick, block, wood, landscape debris, and agricultural sediment pond waste. The aforementioned materials shall be transferred off site and disposed of legally.

4.2.3. The Contractor shall be responsible for site cleanup and legal disposal of all debris from the job sites and for any associated landfill fees.

4.2.4. No debris shall be left, burned or buried on the site.

4.2.5. The job site shall not be utilized as a mining operation location. Materials shall not be milled on-site.

4.3. Hazardous and Cultural Materials

4.3.1. If any suspected hazardous materials are encountered, the Contractor shall immediately cease work at that location and notify the Department’s Environmental Planning hazardous material coordinator: Ed Green, (602) 920-3702, Egreen@azdot.gov; who will arrange for the assessment, treatment and disposal of those materials. All workers shall be removed until the PM Demo Agent has declared, in writing, that the area is safe to resume demolition.

4.3.2. When the asbestos cannot be safely removed, the Contractor shall keep the asbestos-containing material wet and the entire asbestos contaminated waste pile (or the portion mailto:Egreen@azdot.gov that is contaminated) must be disposed of as asbestos-containing waste material in accordance with 40 CFR 61.150.

4.3.3. Should any cultural or fossil materials be found on the job site, the Contractor shall immediately cease work in that area and notify the PM Demo Agent or the Environmental Planning point of contact: Taylor Zimmer, (480) 349-8832, tzimmer@azdot.gov. All workers shall be removed from that area until Environmental Planning has declared, in writing, that the area is cleared and demolition may resume.

4.4. Safety

4.4.1. The Contractor shall minimize dust emitted during performance of any activity to the extent possible. For transportation of materials on paved and unpaved roads and streets and across unpaved open areas, the Contractor shall use good modern practices such as an approved dust suppressant or adhesive soil stabilizer, or continuous wetting, wet sweeping, covering the loads, detouring, and barring access at times and in amounts sufficient to effectively control the dust. For all other material handling, blading, excavation, demolition, and conveying activities and for storage piles, borrow pits and debris piles, the Contractor shall also use good modern practices such as an approved dust suppressant or adhesive soil stabilizer, or continuous wetting at times and in amounts sufficient to control the dust. The Department's representative or an authorized agency may stop all work at the job site if sufficient amounts of water, dust suppressant or soil stabilizer are not being utilized.

4.4.2. 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.

4.4.3. The Contractor shall comply with all applicable laws and regulations governing safety, health and sanitation. 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.

4.4.4. The Contractor shall not leave hazardous conditions unattended. Examples include partially demolished walls or buildings, and excavations greater than 4’ deep. The condition shall be knocked down, removed, filled or secured to the satisfaction of the PM Demo Agent prior to leaving the work site unattended.

4.4.5. Safety Equipment

4.4.5.1. The Contractor shall utilize usual and customary health and safety protective equipment as conditions dictate. As minimum protection, all personnel at the job site shall wear a hard hat (ANSI Z89.1-2009), eye protection (ANSI Z.87.1), Class III high visibility warning garment (ANSI/ISEA 207-211), and safety toe work boots (ASTM F2413-05/11).

mailto:Kpowell@azdot.gov

4.4.5.2. The Contractor shall utilize usual and customary health and safety protective equipment as conditions dictate. The Contractor must also perform a hazard assessment to determine if additional safety equipment is required, such as respiratory or hearing protection, and shall meet the Occupational Safety and Health Administration (OSHA) regulations for use of all safety equipment.

4.4.5.3. The Contractor shall furnish any and all safety devices necessary in the performance of this project. Other precautions, wherever necessary or required, shall be taken to protect life and property.

4.4.6. Silica

4.4.6.1. Hazardous exposures of respirable crystalline silica dust can occur during demolition in the dry conditions within Arizona.

4.4.6.2. The safety plan, see Exhibit 4, Safety Program Plan Requirements, shall meet the needs of the new silica in construction standard, 29 CFR 1926.1153. This standard requires employers engaged in construction such as demolition activities, to control their employee’s exposure to respirable crystalline silica.

Two approaches are described in the standard: exposure control methods and alternative exposure control methods.

4.4.6.3. In conjunction with the Program Safety Plan, the Contractor shall describe their use of Table 1 in the standard, 29 CFR 1926.1153. If Table 1 is not followed, the demolition Contractor shall present their historical air monitoring data for review. If air monitoring is not available, the contractor will clearly outline their proposed control methods during demolition activities. These controls shall be included and explained in detail in the safety plan. If the control plan includes the use of respiratory protection, the contractor's written respirator program will also be included for review. The control plan shall also address housekeeping issues, medical surveillance, employee silica training, and recordkeeping.

4.4.7. Suspension of Work

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

4.4.7.2. Violations of safety rules, regulations or practices may be considered grounds for termination of the contract.

4.5. Environmental Quality Regulatory Requirements

4.5.1. Per Title 40, CFR, Part 61, Subpart M, a National Emissions Standards for Hazardous Air

Pollutants (NESHAP) "Notification for Renovation and Demolition Activities" form, see

Exhibit 5, Notification for Renovation and Demolition Activities, shall be completed and filed prior to the demolition or renovation of any facility. In accordance with this contract, the Contractor shall submit this form to the Department for review before the Contractor submits it to the appropriate NESHAP jurisdiction. Any NESHAP revisions shall be submitted to the PM Demo Agent prior to submittal as well.

4.5.2. The Contractor shall provide one on-site representative that is trained within the provisions of Title 40, Code of Federal Regulation, Part 61, Subpart M, Asbestos NESHAP Section 61.145 (c) Paragraph 8, regarding RACM, evidence of training completion shall be posted and made available for inspection at the demolition site.

4.5.3. The on-site Contractor and/or subcontractor designated foreman or management level personnel is required to complete the 40 hour Asbestos Hazard Emergency Response Act (AHERA) Contractor/Supervisor course. Proof of course completion must be maintained on the job site at all times. All work must come to a stop when the designated individual leaves the job site.

4.5.4. The Contractor shall obtain any required permits relating to dust control from the appropriate jurisdiction (City, County, State and Tribal Land) prior to the mobilization of equipment. In addition the Contractor and their approved subcontractors are responsible for maintaining dust mitigation requirements as set forth by ADEQ. Any fines or penalties shall be the responsibility of the Contractor.

4.5.5. Any work site with soil disturbance over an acre will require a StormWater Pollution

Prevention Plan (SWPPP) as mandated by ADEQ. This parcel is under an acre in size;

therefore, the Contractor will not be required to provide the SWPPP plan or file the Notice of Intent or upon termination of the project file the Notice of Termination. The Contractor shall obtain any required permits from the appropriate jurisdiction prior to the commencement of any work. Any violations will be deemed breach of contract and the Contractor shall be held accountable for all fines, penalties, court claims, or legal fees resulting from such violation and the Department shall be held harmless.

4.6. Notification Procedures

4.6.1. The Contractor shall submit a copy of the Original NESHAP Notification for Renovation and

Demolition Activities it intends to submit to the ADEQ, or the proper NESHAP jurisdiction to the Department to review for accuracy and completeness.

4.6.2. The Contractor shall submit the Notification to the Department for review at least fifteen

(15) working days prior to the project start date, which will allow adequate time for the Department review and for Contractor's subsequent timely filing with the Asbestos NESHAP Coordinator, at least 10 working days prior to start date as required by regulation.

4.6.2.1. Per Title 40, Code of Federal Regulations, Part 61, Subpart M, Section 61.141, Working Day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.

4.6.3. The Contractor shall call the PM Demo Agent no less than two (2) business days prior to the specified "start date" to report if there has been a change in the proposed “start date".

4.6.4. If the original "start date" cannot be met, the Contractor shall submit to the Department for prior review a copy of the revised NESHAP Notification it intends to submit to the appropriate NESHAP jurisdiction.

4.6.5. Any violation of Environmental Protection Agency (EPA) or ADEQ hazardous material procedures will be deemed breach of contract and the contractor shall be held accountable for all fines, penalties, court claims, or legal fees resulting from such violation. The Department shall be held harmless.

4.6.6. Project Related Correspondence

4.6.6.1. The Contractor shall furnish to the PM Demo Agent, written documentation of communications between the Contractor and any party pertaining specifically to the project within one week of the communications.

4.7. Key Personnel and Contractor’s Employees

4.7.1. Key Personnel

4.7.1.1. An on-site supervisor, or a designated lead person, shall be on the job site at all times work is being performed and shall be competent in matters relating to the specific tasks involved in any project.

4.7.1.2. The on-site supervisor, or a designated lead person, shall have the authority to make decisions concerning day-to-day operations and shall assist the PM Demo Agent in making on-site inspections and in coordinating other operational requirements.

4.7.1.3. The on-site supervisor, or a designated lead person, shall have in his possession a copy of the contract at all times while on the job site.

4.7.2. Contractor’s Employees

4.7.2.1. The Contractor shall provide employees who are adequately trained, qualified and capable of performing required work.

4.7.2.2. 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 or authorized subcontractors. A direct bona fide employee is defined as an actual employee of the Contractor that is not a leased or subcontracted employee.

4.7.2.3. All Contractors’ employees shall be in compliance with all OSHA and other State, Federal and Local regulatory agency requirements.

4.7.2.4. Due to the nature of the work performed, Contractor employees, in a particular sense, will represent the State to the public. Employees shall treat the public in a friendly, courteous manner. Failure to comply may result in that employee’s immediate removal from the project.

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

4.7.2.6. No visitors, spouses, or children of the Contractor’s employees shall be authorized on-site, at any time.

4.8. Equipment

4.8.1. All vehicles must be maintained in good repair, appearance and sanitary condition at all times. Truck beds shall be tight and have enclosed sideboards and covered tops to completely contain all debris and materials being transported. The Department reserves the right to inspect the Contractor’s vehicles at any time to ascertain their condition.

4.8.2. All equipment supplied and/or utilized on this contract shall conform to current Federal, State, EPA and Occupational Safety and Health Act laws, rules and regulations.

4.8.3. The Contractor shall not utilize any equipment on-site for any activity that is not related to the demolition project.

4.9. Language Requirement

4.9.1. The On‐Site Supervisor and additional personnel as deemed necessary by the PM Demo

Agent or appointed designee, 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 that include, but are not limited to:

4.9.1.1. Warnings and emergencies and hazards

4.9.1.2. Preparation of reports

4.9.1.3. Communication with Department personnel

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

5. Contractor’s Responsibilities

5.1. The Contractor shall furnish all necessary labor, tools, equipment, mobilization, materials and supplies necessary to effectively perform the required services in accordance with the specifications.

5.2. The Contractor shall obtain all permits associated with demolition services and is responsible for any related charges, fees, and taxes.

5.3. The Contractor shall coordinate all demolition activity with the PM Demo Agent.

5.4. All locations, in which demolition services will occur, shall be vacated and their use discontinued before start of work; however, the Contractor shall verify that the premises are free of humans and animals before demolition begins.

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

5.6. The Contractor shall supply all temporary facilities necessary to successfully complete the project, to include, but may not be limited to construction and demolition equipment, roll-off dumpster(s), portable restrooms, site fencing, site security, etc.

5.7. The Contractor shall be aware of and preserve all surrounding buildings and properties. Any damage to surrounding buildings or property shall be repaired by the Contractor at his expense.

Also, the Contractor shall clean adjacent buildings and improvements of dust, dirt and debris caused by demolition operations. Adjacent areas shall be returned to their existing condition before demolition was started.

6. Department’s Responsibilities

6.1. The Department may perform periodic inspections to ensure compliance with contract requirements and must notify the Contractor, verbally and in writing, of any deficiencies found within the contract limits. If deficiencies are noted, a copy of the completed deficiency report will be furnished to the Contractor.

6.2. The Department will provide a response to all questions that may arise as to the acceptability of any work performed under the contract and may perform periodic inspections to ensure compliance with contract requirements.

6.3. The Department reserves the right to inspect equipment at any time and require the replacement of any that does not meet minimum serviceability standards. Equipment, machinery, component or system failures that affect the safe operation of any equipment shall be corrected by the Contractor prior to using the equipment.

6.4. Before demolition commences, the Department will conduct the survey and abatement, abandon all utilities, dry wells and survey the disposition of wells.

6.5. The Department will report, in writing, all violations of the Hazardous Materials Clause, to the EPA, and request that the Contractor and its subcontractor be placed on Report number HEHS-

96-157, "Occupational Safety and Health: Violations of Safety and Health Regulations by Federal Contractors". A copy of this report shall also be submitted to ADEQ, EPA, NESHAP and the OSH.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of three (3) 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 three (3) months.

3. ELIGIBLE AGENCIES

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

4. NON-EXCLUSIVE CONTRACT

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

5. ORDERING PROCESS

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

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

6. INVOICING and PAYMENT

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

• Department Location’s Name and Address

• Vendor Name, Remit to Address and Contact Information

• Contract Number

• Purchase Order Number

• Invoice Number and Date

• Date the items were shipped to the Department

• Contract Line Item Number

• Line Item Description or Item or Service

• Quantity Purchased

• Line Item Unit of Measure

• Price per Unit and Total per Unit

• Catalog or Other Discount (if applicable)

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

• Applicable taxes

• Applicable Shipping/Freight Charges

• Total Invoice Amount Due

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

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

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

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

7. 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 a contract and shall become effective upon notice through a written contract amendment.

9. CONTRACT ADMINISTRATION

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

10. 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.

11. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

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

Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property except in the manner stated above.

Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass in the third degree; classification."

12. 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.

13. 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.

14. INDEMNIFICATION CLAUSE

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

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

15. 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.

Minimum Scope and Limits of Insurance

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

i) 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.

ii) Business Automobile Liability

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

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

a. Policy shall be endorsed, as required by this written agreement, to include the

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

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

iii) Workers’ Compensation and Employers’ Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o Disease – Policy Limit $1,000,000

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

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

iv) 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 the 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, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by the Contractor.

Additional Insurance Requirements

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

I. 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).

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

Notice of Cancellation

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

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

Acceptability of Insurers

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates.

I. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

II. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

III. The certificate shall state that the insurance applies to any and all work performed for or on the behalf of the State…