SOLICITATION TEMPLATE

STATE OF ARIZONA ARIZONA DEPARTMENT OF TRANSPORTATION PROCUREMENT GROUP NOTICE OF REQUEST FOR PROPOSALS SOLICITATION NUMBER: Description: T02-48-00012 Statewide Partnering Workshop Facilitation, Consulting, Training and Education Services Arizona Department of Transportation and all other Eligible Agencies, Boards, Commissions or Political Subdivisions. Designated Agency: A pre-offer conference will be held on August 30, 2001, at 8:00 A.M., MST at the Arizona Department of Transportation, 206 South 17th Avenue, Auditorium, Room No. 107/109, Phoenix Arizona, to answer questions related to this Request for Proposals. OFFER DUE DATE : September 20, 2001 AT 3:00 P.M. MST In accordance with A.R.S. §41-2534, Request for Proposals for the materials or services specified will be received by the Arizona Department of Transportation Procurement at the below specified location until the time and date cited. Offers received by the correct time and date will be opened and the name of each offeror will be publicly read. Offer Opening and Submittal Location: Arizona Department of Transportation Procurement Group 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Offers must be in the actual possession of the Arizona Department of Transportation Procurement on or prior to the time and date, and at the location indicated above. Late offers will not be considered. Offers must be submitted in a sealed package with the solicitation number and the offeror's name and address clearly indicated on the package. Additional instructions for preparing an offer are provided in the Uniform and Special Instructions to Offerors as contained within this notice. OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION. Commodity Code: 9483-48, 9237-15, 9237-99, 9483-75, 9483-78, 9483-81, 9756-22, 9756-25, 9756-38, 9756-48, 9756-51, 9756-52, 9756-53, 9756-54, 9756-62, 9756-64, 9756-83, 9756-84, 9756-99. Arizona Department of Transportation Procurement Group Phone: Date: (602) 712-7816 August 16, 2001 kfischer@dot.state.az.us Page i _____________________________ Kay Fischer PROCUREMENT OFFICER TABLE OF CONTENTS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Section Notice Table of Contents 1.0 2.0 3.0 4.0 5.0 6.0 6.1 6.2 6.3 6.4 6.5 6.6 7.0 7.1 7.2 7.3 7.4 7.5 SCOPE OF WORK UNIFORM GENERAL TERMS AND CONDITIONS SPECIAL TERMS AND CONDITIONS UNIFORM INSTRUCTIONS TO OFFERORS SPECIAL INSTRUCTIONS TO OFFERORS EXHIBITS CERTIFICATE OF INSURANCE PARTNERING WORKSHOP REPORT COMPONENTS NOTIFICATION OF ON-GOING FACILITATOR SERVICES FACILITATOR FEEDBACK ON PARTNERING WORKSHOP PARTICIPANT'S FEEDBACK OF WORKSHOP EFFECTIVENESS ARIZONA REVISED STATUTE 12-2238 ATTACHMENTS (Return the following required information in the order listed with offer) OFFER AND CONTRACT AWARD SHEET PRICE SHEET REFERENCES OWNERSHIP CLASSIFICATION ADOT LOBBYING CERTIFICATION 46 47 52 54 55 40 41 42 43 44 45 Page i ii 1 9 19 28 35 Page ii SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.1 1.1.1 STATEMENT OF NEED The Arizona Department of Transportation (ADOT), Intermodal Transportation Division, Partnering Section, (hereinafter referred to as Department) is seeking offers from firms or individuals (hereinafter referred to as Contractor) capable of providing partnering workshop facilitation, partnering consulting services, partnering training and education pertaining to; 1) general requirements, and 2) specifically to the transportation industry. These services will be required at locations throughout the state. The services and products established by these contracts may be used by State Agencies, Boards, Commissions or political subdivisions. To ensure availability of services statewide, multiple contracts may be made. It is the Department's intent to award several contracts to qualified Contractors to provide services on an as needed basis. The selection of Contractor(s) to provide the services shall be determined by the Department. Partnering emphasizes agency/partner fair/fair up-front team building, clear definition of common objectives, alignment with rapid issue resolution, and frequent joint evaluation of partnership effectiveness. The essence and spirit of the partnership is captured on a one or two page charter signed by all key stakeholders. General Partnering Requirements: The Contractor’s staff should possess a wide base of experience in the overall practice of partnering concepts. Transportation Specific Partnering: The Contractor’s staff must possess experience in the transportation industry with special emphasis on civil engineering (highway and road building), highway design, environmental issues, project contract management, and/or partnering education/training. NOTE: Solicitation of Department customers and/or Department employees for additional business by the Contractor under this contract shall not be tolerated and will be grounds to terminate this contract without further consideration by so notifying the Contractor in writing. MINIMUM QUALIFICATIONS Contractors shall have three years of successful partnering experience in the subject they propose presenting. Those applying for transportation specific partnering shall have experience in the transportation industry. 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.2 Page 1 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.3 1.3.1 PROJECT DESCRIPTION The Contractor may propose on any or all categories within the three (3) disciplines described herein for either general or transportation industry specific partnering requirements, or both. Contractors shall demonstrate expertise in each category of the disciplines for which they propose. The three disciplines include, but are not limited to, the following: Discipline 1: Partnering Workshop Facilitation Services Categories: Partnering principles Continuous improvement process Team building Reaching consensus Mission/Goals/Objectives Project Charter Team evaluation – Partnering Evaluation Program (PEP) Problem solving process Consulting Services for Partnering Workshop Facilitation 1.3.1.1 1.3.1.1.1 1.3.1.2 1.3.1.2.1 Discipline 2: Partnering Training and Education-Instruction Categories: Instruction for one or more of the following classes: (These classes have been developed by the Department, instruction only required.) Introduction to Partnering Conducting a Partnering Workshop Leading in a Partnering Environment Team Leading to Build Partnerships How to Make Partnering Work in the Field Advanced instruction classes (Mediation, Negotiation, Facilitated Problem Solving, etc.) Consulting Services for Curriculum development or modification of existing curriculum: (These classes are to be developed by Contractors.) Technical Writing (modifications to existing education manuals) Curriculum development to Department standards Advanced instruction classes (Mediation, Negotiation, Facilitated Problem Solving, etc.) Discipline 3: Specialized Consulting Services Categories: Conflict resolution Negotiation skills Mediation and Facilitated Problem Solving Partnering Research and Measurement Page 2 1.3.1.2.2 1.3.1.3 1.3.1.3.1 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Project team monthly follow-up and review of Partnering Evaluation Program (PEP) feedback data with project team Team building Team building via intervention Supplemental Consulting Services 1.4 1.4.1 1.4.1.1 PROJECT REQUIREMENTS Discipline 1: Partnering Workshop Facilitation Services The Contractor shall implement one of the following two options with the mutual consent of the Project Administrator: 1) Within three (3) working days of completion of each workshop, the Contractor shall provide a written report, or 2) a written report can be distributed within five (5) working days after the workshop if copies of action items are distributed within twenty-four (24) hours of close of workshop. (Refer to Exhibit 6.2, Partnering Workshop Report Components.). The Contractor shall be required to provide and mail all written reports (workshop notes, pertinent information such as signatures and business cards) to the following: One original copy to the Department Construction Field Office, and one reproducible copy each to all participants of the Partnering Workshop. Contractor will be paid per report. Provide name tags, name tents, registration sign in sheets for workshops and any pertinent information required to complete written report. The Contractor shall be required to spend up to four (4) hours of specific workshop planning time with key project personnel. The planning time may be via telephone (teleconference), face to face, or as a group (team). Initial workshop facilitation shall include monthly follow-up contact with team including review of PEP data. Provide additional facilitation services, consulting services, or education/training services, as necessary, up to one (1) hour. Contact the Project Administrator for task order approval before exceeding the one (1) hour limit. The Contractor shall obtain approval from the Project Administrator and a completed "Notification of On-going Facilitator Services" form (refer for Exhibit 6.3) prior to providing any additional assistance. Upon completion of each workshop session, participants will be required to complete a written evaluation (refer to Exhibit 6.5, Participant's Feedback of Workshop Effectiveness). The Contractor will be advised of the number of attendees, a minimum of 48 hours prior to the workshop. The Department may elect to provide an assistant for workshops consisting of 40 or more participants. Page 3 1.4.1.2 1.4.1.3 1.4.1.4 1.4.1.5 1.4.1.6 1.4.1.7 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.4.1.8 Workshops will range from 2 hours, one-half day (4 hours), 5 to 6 hours, one day (8 hours), one and one-half days (12 hours), or two days (16 hours). The Department shall determine the duration of workshops. Workshops shall be provided during the hours of 7:00 A.M. to 10:00 P.M. The Department shall provide a forty-eight (48) hour notice to the Contractor when a workshop is cancelled. In the event a scheduled workshop is cancelled, the Contractor will not be compensated, except for expenses incurred beyond the four (4) hours of preplanning time. Discipline 2: Partnering Training and Education-Instruction The Contractor is encouraged to provide input on course outline development for consideration and inclusion by the Project Administrator. Class instruction: The Contractor shall provide one lesson plan for each class and originals of all course materials necessary to properly perform the proposed services under this contract. The Project Administrator shall review and determine the acceptability of the materials presented. Training will be provided during normal work hours, 7:00 a.m. to 5:00 p.m. Contractor(s) must provide training services to all locations as requested by the Department. All training shall be conducted on Department property or at sites provided by the Department. The Department shall provide a five (5) day notice to the Contractor when a class is cancelled. In the event a scheduled class is cancelled, the Contractor will not be compensated, except for expenses incurred beyond the four (4) hours of preplanning time. Upon completion of each class, participants will be required to complete a written evaluation of the class on forms to be provided by the Department. Additional related training materials, such as workbooks, assessments, videos, charts, CD's, slides and handouts, shall be provided at the price indicated in the offer for the specific service. Contractor developed classes for additional training, including training materials, shall be provided at the price indicated in the offer for the specific service. Curriculum development or modification of existing curriculum: Page 4 1.4.1.9 1.4.1.10 1.4.2 1.4.2.1 1.4.2.2 1.4.2.2.1 1.4.2.2.2 1.4.2.2.3 1.4.2.2.4 1.4.2.2.5 1.4.2.2.6 1.4.2.2.7 1.4.2.3 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.4.2.3.1 Develop course materials on specified topics to include both the instructor's manual and the participant materials. The instructor's manual must conform to the Department's format that includes, but is not limited to, the following: The full participant materials will be part of a paginated instructor's manual which includes a Table of Contents. Designated time segment allocations, implementation, and a delivery agenda. the suggested methodology for 1.4.2.3.1.1 1.4.2.3.1.2 1.4.2.3.1.3 1.4.2.3.1.4 State learning objectives and outcomes applicable to specific curriculum. Format with divisions by subject matter so the training manual can be used as a reference manual. An inventory of needed materials supplies, equipment, rules of simulations and activities. A complete set of simulator and/or audio-visual materials must either be included or available upon request, including, but not limited to, a complete description, including title, name, address and telephone number of distributor. A complete set of original supporting materials, such as handouts, worksheets, color overhead transparencies. Modification of existing curriculum at the request of the Department, the Contractor shall present, at no extra cost, a pilot session to the Department for evaluation of course content and related materials. Upon request, develop examination questions and performance tests which accurately evaluate participants' knowledge of the topic presented. Such examinations may be scheduled immediately after the training session and again six months or more after completion of the training session. After Contractor-developed courseware has been finalized, the Contractor shall, when requested, conduct a train-the-trainer session for the Department. Discipline 3: Specialized Consulting Services All interventions, mediation in accordance with A.R.S. 12-2238 (refer to Exhibit 6.6), and/or problem solving services shall require a report on the process conducted, action items, and/or results. The report format and intervals shall be determined by the Department. Provide team building or special activities related to partnering at the direction of the Department. Page 5 1.4.2.3.1.5 1.4.2.3.1.6 1.4.2.3.2 1.4.2.3.3 1.4.2.3.4 1.4.3 1.4.3.1 1.4.3.2 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.4.3.3 The Contractor shall submit monthly written progress reports as required by the Department, describing the work performed, accomplishments, problems encountered and their resolution and conformance to the established schedule. Contractor shall incorporate any comments or modifications as directed by the Department. If on-site services are required at the Department Headquarters in Phoenix or other locations, the Department may elect to provide reasonable work space, equipment and reproduction services. No clerical support will be provided. ADOT SPECIFIC REQUIREMENTS Facilitator Network/Update Meetings The Department will schedule three (3) one-half (1/2) day meetings annually. These meetings will be scheduled one (1) year in advance to avoid schedule conflict. The Contractors shall be required to attend. These meetings offer Contractors the following opportunities: The opportunity to network with peers The Department will share the direction the Department is taking Listen to the concerns of the Contractors Provide feedback about performance Minimum Personal Computer Requirements The following personal computer equipment and software requirements are necessary to support accessing, updating and downloading Department reports and programs in performance of the services required by this contract: Workstation: Desktop or mini-tower, or laptop personal computer, minimum 128 MB (256 MB preferred), Pentium III or higher; 933 MHZ or higher; 20 gigabyte HDD or higher; minimum 56K v.90 modem, standard CD-ROM Drive. Software: One licensed copy of Microsoft Windows NT 4.0 Workstation, or current Department approved operating platform. Current updates of anti-virus software; Microsoft Office 97 professional shall be obtained and installed for each workstation before the Department technician will load PEP. The Department will load PEP to Microsoft Windows 98, but will not support the program. 1.4.3.3.1 1.4.3.4 1.5 1.5.1 1.5.1.1 1.5.1.1.1 1.5.1.1.2 1.5.1.1.3 1.5.1.1.4 1.5.2 1.5.2.1 1.5.2.1.1 1.5.2.1.2 Page 6 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.5.2.1.3 Communications: One analog, outgoing telephone line, modular line cord to connect modem to wall jack shall be obtained and installed for each workstation. Note: Place computer workstation near the telephone wall jack. Close adherence to current Department Security Standards, i.e. crytocard, etc, is mandatory. CONTRACTOR RESPONSIBILITIES Accuracy, quality and timeliness of information and product being provided. Acquire all outside data, literature, software, hardware, etc., needed for this project. Close coordination with the Department to review the progress to date, findings and solicit input. The Contractor shall provide qualified facilitators/consultants/instructors on the dates specified by the Department. Contractor shall be responsible for all facilitator/consultant/instructor expenses, which are to be Included in Attachment 7.2 Price Sheet. Travel expenses (in state only) authorized in advance and incurred at off-site assignments will be reimbursed at cost (refer to Paragraph 3.7 Travel). Out of state travel to Arizona shall not be reimbursed. Off site travel is defined as any location outside a 35mile radius of the Contractor’s business or residence. State travel policy is clarified to include only the travel reimbursement schedules. Contractor shall be compensated for travel time to and from off site assignments at one-half the consulting service hourly rate. Provide written permission through license fees (or other applicable means) for use of proprietary training materials (including, but not limited to, training courses, materials, videos, models, terminology, etc.). At the request of the Department, Contractor shall provide all data developed for this project, including all reports, on diskettes and/or CD’s formatted for use on a personal computer system using Microsoft Office 97 Professional. DEPARTMENT RESPONSIBILITIES Make available all pertinent documents and information. Coordinate and provide information concerning the project date, location, and names of Department personnel who will be assisting the Contractor, if required. Review and approve Contractor’s documents and reports. Page 7 1.6 1.6.1 1.6.2 1.6.3 1.6.4 1.6.5 1.6.6 1.6.7 1.7 1.7.1 1.7.2 1.7.3 SECTION 1.0 SCOPE OF WORK ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1.7.4 Provide adequate facilities necessary for workshop to include necessary furniture, audio/visual equipment, and two flip chart pads and easels and markers. Responsible for registration of participants, sign-in sheets, and the collection of registration fees, if any. Provide names of participants prior to commencement of course. Responsible for both the arrangement and payment of any special accommodations (interpreters or equipment) required by an individual with disabilities. The Department reserves the right to verify all information submitted for accuracy. Submission of information deemed to be inaccurate may result in a determination of non-responsibility of the Contractor by the Department. 1.7.5 1.7.6 1.7.7 1.7.8 Page 8 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1. DEFINITION OF TERMS. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows: “Attachment” means any item the Solicitation requires the Offeror to submit as part of the Offer. “Contract” means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments; and any terms applied by law. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. “Contractor” means any person who has a Contract with the State. “Days” means calendar days unless otherwise specified. “Exhibit” means any item labelled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. “Offer” means bid, proposal or quotation. “Offeror” means a vendor who responds to any type of Solicitation. “Procurement Officer” means the person duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract or their designee. “Solicitation” means an Invitation for Bids (IFB), a Request for Proposals (RFP), or a Request for Quotations (RFQ). "Solicitation Amendment" means a written document that is authorized by the Procurement Officer and issued for the purpose of making changes to the Solicitation. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. “State” means the State of Arizona and Department or Agency of the State that executes the Contract. CONTRACT INTERPRETATION Arizona Law. The law of Arizona applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 2. 2.1 Form 202 (02-00) Revision 6 Page 9 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 2.2 Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below: Special Terms and Conditions; Uniform Terms and Conditions; Statement or Scope of Work; Specifications; Attachments; Exhibits; Documents referenced or included in the Solicitation. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract. No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it. CONTRACT ADMINISTRATION AND OPERATION Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records. Non-Discrimination. The Contractor shall comply with State Executive Order No. 99-4 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act. Page 10 2.3 2.3.1 2.3.2 2.3.3 2.3.4 2.3.5 2.3.6 2.3.7 2.4 2.5 2.6 2.7 3. 3.1 3.2 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.3 Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any subcontractor’s books and records shall be subject to audit by the State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract. Inspection and Testing. The Contractor agrees to permit access to its facilities, subcontractor facilities and the Contractor’s processes for producing the materials, at reasonable times for inspection of the materials covered under this Contract. The State shall also have the right to test at its own cost the materials to be supplied under this Contract. Neither inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If the State determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notice shall be given by written notice and an amendment to the Contract shall not be necessary. Advertising and Promotion of Contract. The Contractor shall not advertise or publish information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer. Property of the State. Any materials, including reports, computer programs and other deliverables, created under this Contract are the sole property of the State. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consent of the State. COSTS AND PAYMENTS Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the State within thirty (30) days. Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destinations. Page 11 3.4 3.5 3.6 3.7 4. 4.1 4.2 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 4.3 4.3.1 Applicable Taxes. Payment of Taxes by the State. The State shall pay only the rate and/or amount of taxes identified in the Offer and in any resulting Contract. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit. Failure to collect taxes from the buyer does not relieve the seller from its obligation to remit taxes. Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold the State harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or state and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security and Worker’s Compensation. IRS W9 Form. In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W9 Form on file with the State of Arizona. Availability of Funds for the Next Fiscal Year. Funds may not presently be available for performance under this Contract beyond the current fiscal year. No legal liability on the part of the State for any payment may arise under this Contract beyond the current fiscal year until funds are made available for performance of this Contract. The State shall make reasonable efforts to secure such funds. CONTRACT CHANGES Amendments. This Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment within the scope of the Contract unless otherwise permitted by the Special Terms and Conditions. Changes to the Contract, including the addition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by an unauthorized State employee or made unilaterally by the Contractor are violations of the Contract and of applicable law. Such changes, including unauthorized written Contract Amendments shall be void and without effect, and the Contractor shall not be entitled to any claim under this Contract based on those changes. Subcontracts. The Contractor shall not enter into any Subcontract under this Contract without the advance written approval of the Procurement Officer. The Page 12 4.3.2 4.3.3 4.3.4 4.4 5. 5.1 5.2 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Subcontract shall incorporate by reference the terms and conditions of this Contract. 5.3 Assignment and Delegation. The Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of the Procurement Officer. The State shall not unreasonably withhold approval. RISK AND LIABILITY Risk of Loss. The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. General Indemnification. To the extent permitted by A.R.S. § 41-621 and § 35154, the State of Arizona shall be indemnified and held harmless by the Contractor for its vicarious liability as a result of entering into this Contract. Each party to this Contract is responsible for its own negligence. Indemnification - Patent and Copyright. To the extent permitted by A.R.S. § 41621 and § 35-154, the Contractor shall indemnify and hold harmless the State against any liability, including costs and expenses, for infringement of any patent, trademark or copyright arising out of Contract performance or use by the State of materials furnished or work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph. Force Majeure. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts; injunctions-intervention-acts; or failures or refusals to act by government authority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. Force Majeure shall not include the following occurrences: Late delivery of equipment or materials caused by congestion at a Page 13 6. 6.1 6.2 6.3 6.4 6.4.1 6.4.2 6.4.2.1 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 manufacturer’s plant or elsewhere, or an oversold condition of the market; 6.4.2.2 Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance, bonds, licenses or permits. If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practicable and no later than the following working day, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure. Third Party Antitrust Violations. The Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that those violations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract. WARRANTIES Liens. The Contractor warrants that the materials supplied under this Contract are free of liens. Quality. Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the State of the materials, they shall be: Of a quality to pass without objection in the trade under the Contract description; Fit for the intended purposes for which the materials are used; Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units; Page 14 6.4.2.3 6.4.3 6.4.4 6.5 7. 7.1 7.2 7.2.1 7.2.2 7.2.3 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.4 7.2.5 7.3 Adequately contained, packaged and marked as the Contract may require; and Conform to the written promises or affirmations of fact made by the Contractor. Fitness. The Contractor warrants that any material supplied to the State shall fully conform to all requirements of the Contract and all representations of the Contractor, and shall be fit for all purposes and uses required by the Contract. Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected by inspection or testing of or payment for the materials by the State. Year 2000. Notwithstanding any other warranty or disclaimer of warranty in this Contract, the Contractor warrants that all products delivered and all services rendered under this Contract shall comply in all respects to performance and delivery requirements of the specifications and shall not be adversely affected by any date-related data Year 2000 issues. This warranty shall survive the expiration or termination of this Contract. In addition, the defense of force majeure shall not apply to the Contractor’s failure to perform specification requirements as a result of any date-related data Year 2000 issues. Additionally, notwithstanding any other warranty or disclaimer of warranty in this Contract, the Contractor warrants that each hardware, software, and firmware product delivered under this Contract shall be able to accurately process date/time data (including but not limited to calculation, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other information technology utilized by the State in combination with the information technology being acquired under this Contract properly exchanges date-time data with it. If this Contract requires that the information technology products being acquired perform as a system, or that the information technology products being acquired perform as a system in combination with other State information technology, then this warranty shall apply to the acquired products as a system. The remedies available to the State for breach of this warranty shall include, but shall not be limited to, repair and replacement of the information technology products delivered under this Contract. In addition, the defense of force majeure shall not apply to the failure of the Contractor to perform any specification requirements as a result of any date-related data Year 2000 issues. Exclusions. Except as otherwise set forth in this Contract, there are no express or implied warranties of merchantability or fitness. Compliance With Applicable Laws. Page 15 7.4 7.5 7.5.1 7.5.2 7.6 7.7 The materials and services supplied under Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 this Contract shall comply with all applicable Federal, state and local laws, and the Contractor shall maintain all applicable license and permit requirements. 7.8 7.8.1 Survival of Rights and Obligations after Contract Expiration or Termination. Contractor's Representations and Warranties. All representations and warranties made by the Contractor under this Contract shall survive the expiration or termination hereof. In addition, the parties hereto acknowledge that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the State is not subject to or barred by any limitations of actions prescribed in A.R.S., Title 12, Chapter 5. Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract. STATE'S CONTRACTUAL REMEDIES Right to Assurance. If the State in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continue performing under this Contract, the Procurement Officer may demand in writing that the Contractor give a written assurance of intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in the demand may, at the State’s option, be the basis for terminating the Contract under the Uniform Terms and Conditions. Stop Work Order. The State may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the work called for by this Contract for a period of ninety (90) Days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. If a stop work order issued under this clause is canceled or the period of the order or any extension expires, the Contractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price, or both, and the Contract shall be amended in writing accordingly. Page 16 7.8.2 8. 8.1 8.2 8.2.1 8.2.2 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 8.3 Non-exclusive Remedies. The rights and the remedies of the State under this Contract are not exclusive. Nonconforming Tender. Materials supplied under this Contract shall fully comply with the Contract. The delivery of materials or a portion of the materials in an installment that do not fully comply constitutes a breach of contract. On delivery of nonconforming materials, the State may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or remedy available to it. Right of Offset. The State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, or damages assessed by the State concerning the Contractor’s non-conforming performance or failure to perform the Contract, including expenses, costs and damages described in the Uniform Terms and Conditions. CONTRACT TERMINATION Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel this Contract within three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract is in effect an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time. If the Contractor is a political subdivision of the State, it may also cancel this Contract as provided in A.R.S. § 38-511. Gratuities. The State may, by written notice, terminate this Contract, in whole or in part, if the State determines that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or favorable treatment concerning the Contract, including the making of any determination or decision about contract performance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by the Contractor. Suspension or Debarment. The State may, by written notice to the Contractor, immediately terminate this Contract if the State determines that the Contractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Page 17 8.4 8.5 9. 9.1 9.2 9.3 Form 202 (02-00) Revision 6 SECTION 2.0 UNIFORM TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 9.4 Termination for Convenience. The State reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of the State without penalty or recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the State. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply. Termination for Default. In addition to the rights reserved in the Uniform Terms and Conditions, the State reserves the right to terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State on demand. The State may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the State for any excess costs incurred by the State in procuring materials or services in substitution for those due from the Contractor. Continuation of Performance Through Termination. The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. CONTRACT CLAIMS. All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23, Article 9, and rules adopted thereunder. COMMENTS WELCOME. The State Procurement Office periodically reviews the Uniform Terms and Conditions and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 15 South 15th Avenue, Suite 103, Phoenix, Arizona, 85007. 9.5 9.5.1 9.5.2 9.5.3 9.6 10. 11. Form 202 (02-00) Revision 6 Page 18 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.1 CONTRACT TERM AND FUNDING LIMITATION The term of any resultant contract(s) for the Department shall commence on the date of contract execution and continue for one year, unless terminated, canceled, or extended as otherwise provided herein. 3.2 CONTRACT EXTENSION The Department reserves the right to unilaterally extend the period of any resultant contract for thirty-one (31) days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for supplemental periods up to a maximum of forty-eight (48) months. 3.3 ELIGIBLE AGENCIES Any contract resulting from this solicitation shall be for the use of all State of Arizona departments, agencies and boards. In addition, eligible universities, political subdivisions and nonprofit educational or public health institutions may participate at their discretion. In order to participate in any resultant contract, a university, political subdivision, or nonprofit educational or public health institution must have entered into a cooperative purchasing agreement with the State Procurement Office as required by A.R.S. §41-2642. 3.4 PROJECT ADMINISTRATION The Project Administrator is Ginger Murdough, Executive Partnering Administrator, Partnering Section, or designee, who will provide general direction as necessary and be responsible for decisions pertaining to work under this contract. 3.5 VENDOR REGISTRATION Prior to issuance of a Purchase Order and subsequent payment, the Contractor shall have a completed FEDERAL FORM W-9 and an AFIS II VENDOR SETUP FORM on file with ADOT Procurement. No payments shall be made until the forms are on file. Forms may be obtained by contacting Bonnie Hartley, telephone (602) 712-8520. 3.6 3.6.1 PAYMENT The purchase order number and contract number shall be referenced on all invoices and correspondence. Actual receipts must be submitted for reimbursement of allowable direct costs (lodging, communications, etc.). Page 19 3.6.2 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.6.3 Discipline 1: Partnering Workshop Facilitation Services/Discipline 2: Partnering Training and Education-Instruction: Contractor will be paid on a per workshop/instruction basis, plus approved off site travel expenses, upon satisfactory completion of each workshop/instruction according to the rates set forth in the Contractor's offer. Invoices shall be submitted separately for each workshop/instruction service and shall indicate invoice number, service provided, workshop/instruction site and dates, facilitator/instructor's name, project name and number, TRACS number, and itemized costs. Discipline 3: Specialized Consulting Services: Contractor will be paid for actual time spent performing consulting services based on the hourly rates set forth in Contractor's offer. All hours in excess of the agreed upon cost estimate must be authorized by the Department in writing. Invoices shall be submitted separately for each consulting service. A monthly invoice shall be submitted for ongoing consulting services. Invoices must indicate description of work, employee name, job title, hours worked, etc. Ten percent (10%) of each billing may be retained until satisfactory completion of a work assignment exceeding 90 days in duration. Work shall be completed in a responsible and professional manner in accordance with the requirements incorporated in the work assignment. Determination of acceptability of work will be made by the Department. Payment of any invoice shall not preclude the Department from making claim for adjustment on any service found to have been in non-compliance with the contract. TRAVEL Travel expenses authorized in advance and incurred at off site assignments, will be reimbursed at cost, in accordance with the State of Arizona Travel Policy hereby incorporated herein. Travel expenses to Arizona shall not be reimbursed. State travel policy is clarified to include only the travel reimbursement schedules for in state travel. Actual receipt for travel must be submitted for reimbursement of allowable direct costs (lodging, communications, etc.). The travel policy may be accessed via the internet at the State of Arizona, General Accounting Office's website (http://www.gao.state.az.us/travel.html) or a copy may be obtained by calling the responsible procurement officer noted on Page i of this solicitation. Contractor shall be compensated for travel time to and from approved on-site assignments at one-half the consulting hourly rate. Page 20 3.6.3.1 3.6.3.2 3.6.4 3.6.4.1 3.6.4.2 3.6.5 3.7 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.8 ESCALATION The Department may allow for an escalation of the contract price, limited to labor and direct cost increases, provided that the increases can be verified by audit. The Contractor must provide Department with a 30-day written notification requesting an increase. No escalation will be allowed prior to one year from starting date of contract. 3.9 3.9.1 INVOICING REQUIREMENTS All invoices for this contract shall be delivered in person or sent by mail addressed as follows, or as otherwise directed: Arizona Department of Transportation Partnering Section 206 South 17th Avenue, Room 192 (Mail Drop 175A) Phoenix, Arizona 85007-3213 CONTRACTOR SELECTION FROM MULTIPLE CONTRACTS The Department makes no guarantee as to the amount of work to be assigned to any Contractor and may exercise its option not to utilize the services requested herein. Selection will be at the sole discretion of the Department. The Department is under no financial obligation to any selected Contractor unless the Department issues a Purchase Order for a specific requirement. The purchase order shall define the assignment, individual to be assigned, estimated cost, schedule of performance and all other pertinent facts regarding this assignment. Formal contract amendments will be required for all changes in the contractual requirements (renewal of contract, Contractor name change, etc.). The selection of a Contractor will be based on the following: Availability to meet the Department's schedule. Facilitator/consultant/instructor strengths, based on resumes submitted, as related to the specific project. Request for a particular facilitator/consultant/instructor by user based on past performance. Rotation (equal opportunity for all Contractors to provide requested service). Non-availability of a Contractor will be considered as a rotational opportunity. 3.9.1.1 3.10 3.10.1 3.10.2 3.10.2.1 3.10.2.2 3.10.2.3 3.10.2.4 Page 21 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.10.3 Discipline 1: Partnering Workshop Facilitation Services/Discipline 2: Partnering Training and Education-Instruction: Technical experience of the firm, qualifications, education and experience of staff will be the criteria used to make a determination as to which Contractors will be contacted for consideration to perform required services. Each Contractor contacted will have the opportunity to indicate their availability and prepare a detailed approach, agenda (workshop/curriculum outline) and identify the facilitator/instructor for the work assignment. If substitution of staff is required after commencement of engagement, replacement must be with an employee possessing comparable qualifications who is part of the approved staffing team. The Department will select the Contractor which best addresses the Department's requirements. The Department will attempt to reach an agreement with the most qualified Contractor in the Department's opinion. If the Department cannot reach an agreement with the selected Contractor, the Contractor with the next ranked offer for the work assignment will be contacted. The Department reserves the right to rebid the services required. Discipline 3: Specialized Consulting Services: Upon definition of a consulting requirement, the Department will contact the Contractor(s) to ascertain availability for assignment, along with any other information considered relevant to this requirement. The Department shall have the right to interview all prospective personnel to be assigned by the Contractor, and to accept or reject any or all based upon skills required and the background/experience of the individual. Each Contractor contacted will have the opportunity to submit a cost estimate within three (3) working days which shall include, but not be limited to, a detailed work plan, estimate of hours required to satisfactorily complete the assignment, name(s) of personnel and job title to be assigned. The Department will select the Contractor determined best qualified for the assignment. CHANGES IN WORK Changes are allowable when such changes are consistent with, and/or within the scope of activities as defined in the contract's Specification or Scope of Work. A written Contract Amendment, as defined by A.R.S. 41-2503 (5), shall define such changes and shall be signed by a Procurement Officer. 3.12 REMOVAL OF CONTRACTOR'S EMPLOYEES The Contractor agrees to utilize only experienced, responsible and capable people in the performance of the work. The Department may require that the Page 22 3.10.3.1 3.10.3.2 3.10.4 3.10.4.1 3.10.4.2 3.11 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Contractor remove from the job covered by this contract, employees who endanger persons or property or whose continued employment under this contract is inconsistent with the interest of the Department. 3.13 3.13.1 INSURANCE Considering multiple awards are anticipated under this solicitation and there can be no guarantee of work, insurance will not be required until work has been awarded. However, insurance certificates shall be fully executed in accordance with the contract requirements and accepted by ADOT Procurement prior to commencement of awarded work and shall be kept current throughout the term of the contract. The Contractor shall furnish certificates to ADOT Procurement, 1739 West Jackson Street, Room 100P, Phoenix, Arizona 850073276, within 10 calendar days after notification of tentative award by Procurement Officer and prior to contract execution, showing insurance in force for the following minimum amounts: Commercial General Liability insurance in the amount of not less than one million dollars ($1,000,000.00) per occurrence. In addition to bodily injury and property damage, this coverage is to include broad form property damage, personal and advertising injury, products and completed operations, and contractual liability. The State of Arizona and the Arizona Department of Transportation shall be named as additional insureds on the policy. Business Automobile Liability coverage with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) for all owned, leased, hired and non-owned vehicles. The policy shall be endorsed to name the State of Arizona and the Arizona Department of Transportation as additional insured. Worker’s Compensation and Employer’s Liability insurance as required by the State of Arizona Workers Compensation statutes as follows: Workers Compensation (Coverage A) Employers Liability (Coverage B) Statutory Arizona benefits $100,000.00 each accident $100,000.00 each employee/disease $500,000.00 policy limit/disease 3.13.1.1 3.13.1.2 3.13.1.3 3.13.1.3.1 3.13.1.3.2 3.13.1.3.3 The policy shall include endorsement for all state coverage for state of hire. Sole proprietors or corporations without employees, who do not have this coverage, will be required to sign a Sole Proprietor Waiver or an Independent Contractor Waiver form prior to contract execution. The Offeror shall inform the Procurement Officer this form is needed when notified of tentative contract award. Page 23 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.13.2 Upon expiration of the original certificate of insurance, the Contractor shall furnish to the Department, a renewal certificate which complies with the contractual requirements for the term of the contract. NOTE: A.R.S. 41-621 provides that the Contractor’s insurance is primary and any insurance carried by the State or the Arizona Department of Transportation is in excess and not contributory to that provided by the Contractor. Contractors are advised to assure that their insurance agents are aware of this. (A sample certificate is included as Exhibit 6.1.) ORGANIZATION - EMPLOYMENT DISCLAIMER The contract is not intended to constitute, create, give to, or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the right and obligations of the parties shall be only those expressly set forth in the contract. The parties agree that no persons supplied by the Contractor in the performance of Contractor’s obligations under the contract are considered to be State employees, and that no right of State civil service, retirement or personnel rules accrue to such persons. The Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker’s compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and shall save and hold the State harmless with respect thereto. CONFLICT OF INTEREST It should be noted that offerors are hereby advised of the Conflict of Interest Statutes, A.R.S. Section 38-501, et seq. Any purchase order for services offered by the Department which may lead to a real or apparent conflict of interest, under Arizona Statutes, with regard to future State contracts or solicitations, may be refused by the offeror, by notifying the Procurement Group in writing within five (5) days of receipt of purchase order. If such a purchase order is refused, the offeror may be precluded from award of such future contract or solicitation if a real or apparent conflict of interest exists, as determined by the Department. 3.13.3 3.14 3.14.1 3.14.2 3.15 3.16 KEY PERSONNEL Changes in key personnel, as detailed in Contractor's offer attached hereto, cannot be made without prior written approval of the State. Page 24 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.17 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 Contractor’s work. No partial acceptance shall relieve the Contractor’s obligation to correct, without charge, any errors in the work on this project. 3.18 DISADVANTAGED BUSINESS ENTERPRISES (DBE’s) It is the policy of the Department that Socially and Economically Disadvantaged Business Enterprises (DBE’s) shall have an equal opportunity to participate as consultants, subconsultants, suppliers or vendors in the performance of contracts. 3.19 3.19.1 FEDERALLY REQUIRED TERMS The following terms are required for federally funded project requirements. These terms may be waived for non-federally funded project requirements upon written request from the Contractor. Employment of Federal Highway Administration and State’s Personnel The Contractor shall not employ any person or persons in the employ of the Federal Highway Administration or of the State of Arizona or any of its boards, agencies, or commissions, for any work required by the terms of this Contract, without prior written permission of the Federal Highway Administration or of the State. 3.19.1.2 3.19.1.2.1 Civil Rights The Contractor is required to comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, Title 49, Code of Federal Regulations, Part 21 through Appendix H and Title 23, CFR 710.405(b) are made applicable by reference and are hereinafter considered part of this contract. The Contractor is required to comply with the provisions of Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). Said provisions are made applicable by reference and are hereinafter considered a part of this contract. 3.19.1.1 3.19.1.2.2 Page 25 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.19.1.3 3.19.1.3.1 Affirmative Action Contractor shall take the following affirmative action steps with respect to securing supplies, equipment or services under the terms of this contract: Include qualified small, minority and women-owned businesses on solicitation lists. Assure that small, minority and women-owned businesses are solicited whenever they are potential sources. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small, minority and women-owned business participation. Where the requirement permits, establishing delivery schedules which will encourage participation by small, minority and women-owned businesses. Energy Conservation Contractor is required to comply with mandatory standards and policies, as applicable relating to energy efficiency which are contained in the State Energy Conservation Plan issued by the State of Arizona in compliance with the Energy Policy and Conservation Act (P.L. 94-165). 3.19.1.5 3.19.1.5.1 3.19.1.5.2 Environmental Protection (This clause is applicable if this contract exceeds $100,000.00.) Contractor is required to comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15) which prohibit the use under non-exempt Federal contracts, grant or loans of facilities included on the EPA List of Violating Facilities. Violations shall be reported to the Federal Highway Administration and to the U.S.E.P.A. Assistant Administrator Enforcement (EN-329). Subcontracts The contractor agrees to insert in all subcontracts the clauses hereof entitled "Civil Rights," Affirmative Action," and "Anti-Lobbying." Contractor further agrees to insert in any subcontract exceeding $100,000.00 the clause hereof entitled "Environmental Protection." 3.19.1.3.1.1 3.19.1.3.1.2 3.19.1.3.1.3 3.19.1.3.1.4 3.19.1.4 3.19.1.6 Page 26 SECTION 3.0 SPECIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 3.19.1.7 3.19.1.7.1 Anti-Lobbying The Contractor agrees to comply with the provisions of Section 1352 of Title 31, U.S. Code (Public Law 101.121) as codified in Title 48, Federal Acquisition Regulations Subpart 3.8 and Subpart 52.203-11. The legislation prohibits Federal funds from being expended by a recipient or any lower tier subrecipients of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence a Federal agency or Congress in connection with the award of any Federal contract, the making of any Federal grant or loan, or entering into any cooperative agreement, including the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. All disclosure statements are to be furnished to the Department. The Contractor agrees to require all lower tier subcontractors who have agreement exceeding $100,000.00 to complete the Certification for Federal-aid Contracts (ECS Form 90-1) and, when appropriate, the Disclosure of Lobbying Activities (ECS Form 90-3) prior to execution of the prime Contractor's agreement with the Department. Lower tier certifications are to be maintained by the Contractor. 3.19.1.7.2 Page 27 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 1. DEFINITION OF TERMS. As used in these Instructions, the terms listed below are defined as follows: “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer. “Contract” means the combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments; and any terms applied by law. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract. “Days” means calendar days unless otherwise specified. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received. “Offer” means bid, proposal or quotation. “Offeror” means a vendor who responds to a Solicitation. “Procurement Officer” means the person duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract or his or her designee. “Solicitation” means an Invitation for Bids (“IFB”), a Request for Proposals (“RFP”), or a Request for Quotations (“RFQ”). "Solicitation Amendment" means a written document that is authorized by the Procurement Officer and issued for the purpose of making changes to the Solicitation. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the Contract. “State” means the State of Arizona and Department or Agency of the State that executes the Contract. INQUIRIES Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing, and check its Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be a grounds for withdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim. Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation, shall Page 28 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 2. 2.1 2.2 Form 201 (02-00) Revision 6 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 be directed solely to the Solicitation contact person. The Offeror shall not contact or direct inquiries concerning this Solicitation to any other State employee unless the Solicitation specifically identifies a person other than the Solicitation contact person as a contact. 2.3 Submission of Inquiries. The Procurement Officer or the person identified in the Solicitation as the contact for inquiries may require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriate Solicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope containing that inquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time. Timeliness. Any inquiry shall be submitted as soon as possible and at least seven days before the Offer due date and time. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. No Right to Rely on Verbal Responses. Any inquiry that results in changes to the Solicitation shall be answered solely through a written Solicitation Amendment. An Offeror may not rely on verbal responses to its inquiries. Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment. Pre-Offer Conference. If a pre-Offer conference has been scheduled under this Solicitation, the date, time and location shall appear on the Solicitation cover sheet or elsewhere in the Solicitation. An Offeror should raise any questions they may have about the Solicitation or the procurement at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written Solicitation Amendment. Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation. OFFER PREPARATION Forms: No Facsimile or Telegraphic Offers. An Offer shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on the forms. A facsimile, telegraphic, mailgram or electronic mail Offer shall be rejected. Typed or Ink; Corrections. The Offer shall be typed or in ink. Erasures, 2.4 2.5 2.6 2.7 2.8 3. 3.1 3.2 Form 201 (02-00) Revision 6 Page 29 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 interlineations or other modifications in the Offer shall be initialed in ink by the person signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise provided under applicable law. 3.3 Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer and shall include a signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as an original signature, shall result in rejection of the Offer. Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically referenced by the Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract. Invitation for Bids: An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected. Request for Proposals. All exceptions that are contained in the Offer may negatively affect the State’s proposal evaluation based on the evaluation criteria as stated in the Solicitation or result in rejection of the Offer. Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer. Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to a Solicitation. Solicitation Amendments. Each Solicitation Amendment shall be signed with an original signature by the person signing the Offer, and shall be submitted no later than the Offer due date and time. Failure to return a signed copy of a material Solicitation Amendment may result in rejection of the Offer. Federal Excise Tax. The State of Arizona is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be prepared upon request. Provision of Tax Identification Numbers. Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification Page 30 3.4 3.4.1 3.4.2 3.5 3.6 3.7 3.8 3.9 Form 201 (02-00) Revision 6 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 number, if applicable, in the space provided on the Offer and Acceptance Form and provide the tax rate and amount, if applicable, on the Price Sheet. 3.10 Identification of Taxes in Offer. The State of Arizona is subject to all applicable state and local transaction privilege taxes. If Arizona resident Offerors do not indicate taxes as a separate item in the Offer, the State will conclude that the price(s) offered includes all applicable taxes. Disclosure. If the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall include a letter with its Offer setting forth the name and address of the governmental unit, the effective date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided. Solicitation Order of Precedence. In the event of a conflict in the provisions of this Solicitation, the following shall prevail in the order set forth below: Special Terms and Conditions; Uniform Terms and Conditions; Statement or Scope of Work; Specifications; Attachments; Exhibits; Special Instructions to Offerors; Uniform Instructions to Offerors. Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and unloading at the destination(s). SUBMISSION OF OFFER Sealed Envelope or Package. Each Offer shall be submitted to the submittal location identified in this Solicitation, in a sealed envelope or package that identifies its contents as an Offer and the Solicitation number to which it responds. The appropriate Solicitation number shall be plainly marked on the outside of the envelope or package. 3.11 3.12 3.12.1 3.12.2 3.12.3 3.12.4 3.12.5 3.12.6 3.12.7 3.12.8 3.13 4. 4.1 Form 201 (02-00) Revision 6 Page 31 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 4.2 Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law. Public Record. Under applicable law, all Offers submitted and opened are public records and must be retained by the State. Offers shall be open to public inspection after Contract award, except for such Offers deemed to be confidential by the State. If an Offeror believes that information in its Offer should remain confidential, it shall stamp as confidential that information and submit a statement with its Offer detailing the reasons that information should not be disclosed. The State shall make a determination on whether the stamped information is confidential pursuant to the Arizona Procurement Code. Non-collusion, Employment, and Services. By signing the Offer and Acceptance Form or other official contract form, the Offeror certifies that: It did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and It does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable Federal, state and local laws and executive orders regarding employment. EVALUATION Unit Price Prevails. Where applicable, in the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern. Taxes. All applicable taxes stated in the Offer will be considered by the State when determining the lowest bid or evaluating proposals; except when an Offeror is located outside of Arizona and is not subject to a transaction privilege or use tax of a political subdivision of this State. At all times, payment of taxes and the determination of applicable taxes and rates are the sole responsibility of the Contractor. Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected. Disqualification. The Offer of an Offeror who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall be rejected. Offer Acceptance Period. An Offeror submitting an Offer under this Solicitation Page 32 4.3 4.4 4.4.1 4.4.2 5. 5.1 5.2 5.3 5.4 5.5 Form 201 (02-00) Revision 6 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be ninety (90). If a Best and Final Offer is requested pursuant to a Request for Proposals, an Offeror shall hold its Offer open for ninety (90) days from the Best and Final Offer due date. 5.6 Payment. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment from the State within thirty (30) days. Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State reserves the right to: Waive any minor informality; Reject any and all Offers or portions thereof; or Cancel a Solicitation. AWARD Number or Types of Awards. Where applicable, the State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, whichever is deemed most advantageous to the State. If the Procurement Officer determines that an aggregate award to one Offeror is not in the State’s best interest, “all or none” Offers shall be rejected. Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance Form. A notice of award or of the intent to award shall not constitute acceptance of the Offer. Effective Date. The effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract. PROTESTS A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of a Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the protester knows or should have known the basis of the protest. A Page 33 5.7 5.7.1 5.7.2 5.7.3 6. 6.1 6.2 6.3 7. Form 201 (02-00) Revision 6 SECTION 4.0 UNIFORM INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 protest shall include: 7.1 7.2 7.3 7.4 7.5 8. The name, address and telephone number of the protester; The signature of the protester or its representative; Identification of the purchasing agency and the Solicitation or Contract number; A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and The form of relief requested. COMMENTS WELCOME. The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 15 South 15th Avenue, Suite 103, Phoenix, Arizona, 85007. Form 201 (02-00) Revision 6 Page 34 SECTION 5.0 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 5.1 SCOPE The purpose of this solicitation is to enter into a contract to obtain the services of a Contractor for the purpose of providing partnering workshop facilitation, partnering consulting services, partnering training and education pertaining to; 1) general requirements, and 2) specifically to the transportation industry. 5.2 QUESTIONS Questions relating to this solicitation shall be directed to the attention of Kay Fischer, procurement officer, ADOT Procurement, telephone (602) 712-7816. Offerors are encouraged to fax questions, no less than seven days prior to the solicitation due date and time, to (602) 712-3487. 5.3 REQUIRED INFORMATION The offer shall include the following and should be presented in the order in which they appear. FAILURE TO PROVIDE ALL OF THE REQUIRED INFORMATION MAY RESULT IN REJECTION OF THE PROPOSAL. Brevity and conciseness of Offeror will be appreciated. 5.3.1 Offer and Contract Award Complete the top half of Attachment 7.1. 5.3.2 Solicitation Amendments Sign and return all Solicitation Amendments issued. 5.3.3 5.3.4 5.3.4.1 Table of contents Description of Services offered Specify general partnering requirements, transportation industry specific, or both, from the three disciplines of services listed in Paragraph 1.3, Project Description, those services which offeror is qualified to provide. For each category quoted, provide a matrix listing the participating staff. Note: An offeror does NOT have to submit a response for all categories in order to be considered. Related services may also be offered in addition to those listed. Provide four (4) examples of recent experience in providing services similar to those specified in Paragraph 5.3.4.1, which Offeror has accomplished. The four examples may cover any of the three disciplines or any category within the disciplines, four examples total (maximum 4 pages). 5.3.4.2 Page 35 SECTION 5.0 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 5.3.5 Description of offeror's (maximum 1 page). Staffing Plan Include resumes for key staff members (program manager, facilitators/consultants/instructors) to be assigned. Include copies of applicable certifications and/or licenses. Evidence that offeror meets the minimum experience qualifications including experience in the transportation industry (refer to Section 1.0 Scope of Work, Paragraph 1.2 Minimum Qualifications). Provide the following information for each category within the three (3) disciplines specifying general partnering requirements, transportation industry specific, or both: Discipline 1: Partnering Workshop Facilitation Services Provide the following information for a 5 to 6 hour workshop: Agenda for each workshop. Objectives and measurements. Name of facilitator. Workshop/class methodology (lecture, class participation, facilitation, simulation, etc.). Audio/visual needs. Preferred room set up. Provide an overview or a copy of the table of contents page of participant handouts (including manuals, workbooks, assessments, etc.). Provide the following information for workshops ranging in length from two hours, one-half day (4 hours), one day (8 hours), one and one-half days (12 hours) and two days (16 hours) (one page maximum per workshop): Agenda and overview for each workshop (one page maximum). Provide an overview or a copy of the table of contents page of participant handouts (including manuals, workbooks, assessments, etc.). Page 36 organization/background, including qualifications 5.3.6 5.3.6.1 5.3.6.2 5.3.7 5.3.7.1 5.3.7.1.1 5.3.7.1.1.1 5.3.7.1.1.2 5.3.7.1.1.3 5.3.7.1.1.4 5.3.7.1.1.5 5.3.7.1.1.6 5.3.7.1.1.7 5.3.7.1.2 5.3.7.1.2.1 5.3.7.1.2.2 SECTION 5.0 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 5.3.7.2 5.3.7.2.1 5.3.7.2.1.1 Discipline 2: Partnering Training and Education-Instruction Class instruction: Provide an overview of approach to class presentation. Classes have been developed by the Department for these subjects (refer to Paragraph 1.3.1.2.1). 5.3.7.2.1.1.1 The Department will provide all participant handouts, including manuals, workbooks, assessments, etc.). 5.3.7.2.2 Consulting Services for Curriculum/curricula development or modification of existing curriculum: (These courses have not been developed by the Department (refer to Paragraph 1.3.1.2.2). One page maximum per curriculum. Describe the proposed curriculum to be covered in the class and the desired outcome. Class length may be 4 hours, one day, one and one-half days, or two days. List the materials to be utilized in the proposed classes. Describe any related classes/activities the offeror may wish to include for consideration. One page maximum per class/activity. Discipline 3: Specialized Consulting Services Describe the proposed services and materials to be utilized in the subjects being offered (refer to Paragraph 1.3.1.3.1). One page maximum. Identify the plan for substitute facilitators should an assigned instructor be unable to perform. Fees Complete Price Sheet, Attachment 7.2. References Complete all information requested on Attachment 7.3. Ownership Classification Complete all information requested on Attachment 7.4 Notification of any potential conflict of interest. Page 37 5.3.7.2.2.1 5.3.7.2.2.2 5.3.7.2.2.3 5.3.7.3 5.3.7.3.1 5.3.7.4 5.3.8 5.3.8.1 5.3.9 5.3.9.1 5.3.10 5.3.10.1 5.3.11 SECTION 5.0 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 5.3.12 Any additional data which may be useful to the Department in evaluating the offeror’s offer (maximum 2 pages). ADOT Lobbying Certification Complete all information requested on Attachment 7.5. Copies The original and six (6) copies of the offer are required. They should be packaged in such a manner that the outer wrapping clearly indicates the offeror's name and address, and the following information: Request for Proposals No. T02-48-00012 Partnering Workshop Facilitation, Consulting, Training and Education Services To be opened September 20, 2001 - 3:00 P.M. OFFER EVALUATION A selection committee will evaluate and rank the offers, based on area in which the offer is submitting (general partnering, transportation industry specific or both) the following criteria: Mandatory Criterion Offeror must exhibit evidence of a minimum of three years partnering experience in the discipline/category they propose presenting. This experience must 5.3.13 5.3.13.1 5.3.14 5.3.14.1 5.3.14.1.1 5.4 5.4.1 5.4.1.1 5.4.1.1.1 include a wide base of experience in the overall practice of partnering concepts for General Partnering Requirements, and/or experience in the transportation industry for Transportation Specific Partnering . (Refer to Section 1.0 Scope of Work, Paragraph 1.2 Minimum Qualifications and Section 5.0 Special Instructions to Offerors, Paragraph 5.3.6.2.) 5.4.1.2 5.4.1.2.1 Technical Criteria Those offerors who have met the mandatory criterion above will be evaluated on the following criteria: Relevant experience and quality of staff to be assigned Experience in providing similar services General Partnering Requirements: Relevant staff experience in providing partnering services in a public sector environment and/or partnering education training. Page 38 5.4.1.2.1.1 5.4.1.2.1.2 5.4.1.2.1.3A SECTION 5.0 SPECIAL INSTRUCTIONS TO OFFERORS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 And/or 5.4.1.2.1.3B Transportation Industry Specific Partnering Requirements: Relevant staff experience in the transportation industry, civil engineering (highways and road building), highway design, environmental issues, project contract management, and/or partnering education/training Proposed workshop/consulting/training and education content, objectives and approach Proposed fee (Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an offer shall be deducted from the offer for the purposes of evaluating that price.) Overall responsiveness to the RFP As part of its final selection from among the highest ranked firms, the Department reserves the right to: Contact a reasonable number of references from among those provided by the offerors as requested in Paragraph 5.3.9. Request oral presentations with no less than 72 hours notice. Presenters from the firms must include key members who will serve as the contact person(s). Discussions As provided by A.A.C. R2-7-331, discussions may be conducted with offerors who submit offers determined to be reasonably susceptible of being selected for award. If discussions are conducted pursuant to R2-7-331, the Department shall issue a written request for best and final offers. Award may be made without discussions, therefore, offers shall be submitted complete and on most favorable terms. 5.4.1.2.1.4 5.4.1.2.1.5 5.4.1.2.1.6 5.4.2 5.4.2.1 5.4.2.2 5.4.3 5.4.4 Decision A recommendation for award to a pool of contractors will be made by the selection committee to the Procurement Officer; whose decision will be final. If circumstances prevent full execution of the contract, the offeror shall be removed from the awarded pool of contractors. Multiple awards will be made to the responsible offeror(s) whose offer(s) are determined to be the most advantageous to the State. Page 39 EXHIBIT 6.1 CERTIFICATE OF INSURANCE STATE OF ARIZONA CERTIFICATE OF INSURANCE STATE AGENCY/DEPT. PROJECT TITLE: CONTRACT NUMBER: ARIZONA DEPARTMENT OF TRANSPORTATION Statewide Partnering Workshop Facilitation, Consulting, Training and Education T02-48-00012 PRODUCER COMPANIES AFFORDING COVERAGE CURRENT A.M. BEST RATING A INSURED B C D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS (,000) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCURRENCE CLAIMS MADE OWNER’S & CONTRACTOR’S PROT. PER PROJECT PRODUCT/COMPLETED OPERATIONS GENERAL AGGREGATE PRODUCTS-COMP/OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE(ANY ONE FIRE) MED.EXPENSE(ANY ONE PERSON) $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY COMBINED SINGLE LIMIT BODILY INJURY (PER PERSON) BODILY INJURY (PER ACCIDENT) PROPERTY DAMAGE EACH OCCURRENCE AGGREGATE EACH OCCURRENCE AGGREGATE STATUTORY LIMITS EACH ACCIDENT DISEASE-POLICY LIMIT DISEASE-EACH EMPLOYEE $ $ $ $ PROFESSIONAL LIABILITY TYPE ___________________________ CLAIMS MADE OCCURRENCE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY $ $ $ $ $ $ $ BUILDERS RISK OTHER: DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS: STATE OF ARIZONA AND THE STATE AGENCY NAMED BELOW ARE ADDED AS ADDITIONAL INSUREDS. IT IS AGREED THAT COVERAGES AFFORDED UNDER THE POLICIES CERTIFIED IN THIS CERTIFICATE SHALL BE PRIMARY AND ANY INSURANCE OR SELF-INSURANCE PROGRAM CARRIED BY THE STATE OR ANY OF ITS AGENCIES, BOARDS, DEPARTMENTS OR COMMISSIONS SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE TO THAT PROVIDED BY THE NAMED INSURED. IT IS FURTHER AGREED THAT NO POLICY SHALL EXPIRE, BE CANCELED OR MATERIALLY CHANGED TO AFFECT THE COVERAGE AVAILABLE TO THE STATE WITHOUT FIFTY (50) DAYS WRITTEN NOTICE TO THE STATE. THIS CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY. CERTIFICATE HOLDER/ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY State of Arizona Arizona Department of Transportation 1739 West Jackson Street, Room 100P Phoenix, AZ 85007-3276 SIGNATURE DATE:___________________________________________________________________ _____ RMD COI(9/1/93) Rev, 2/00 Page 40 EXHIBIT 6.2 PARTNERING WORKSHOP REPORT COMPONENTS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 PARTNERING WORKSHOP REPORT COMPONENTS    Cover Page: Partnering Workshop Report; project name and number; workshop date and location; facilitator's name and organization; date of report. Table of Contents Overview of the workshop (one or two paragraphs, to include: Project name, description and location; names of key partners; highlights of workshop and project challenges; special circumstances, etc.) Team Charter Issues and Action Plans Evaluation Form for Team (PEP) All team member roles identified (Team Roster and Communication Matrix). Partnering Workshop Feedback Summary (highlights of participant feedback/comments, and average of participant ratings of the workshop effectiveness, the facilitator's effectiveness, and the project team's potential effectiveness)      Facilitator Feedback on Partnering Workshop (use feedback form and return to Partnering Section ONLY (refer to Exhibit 6.4 Facilitator Feedback on Partnering Workshop). Page 41 EXHIBIT 6.3 NOTIFICATION OF ON-GOING FACILITATOR SERVICES ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 ARIZONA DEPARTMENT of TRANSPORTATION Partnering Section Notification of On-going Facilitator Services Today’s Date: Facilitator’s Name: Company Name: Workshop Date: Project Name: Project and Tracs Numbers: Description of Services: Tasks and Estimated Costs: Consulting Hours: Workshop: 2 hours at $ 5 to 6 hours at $ 1-1/2 days (12 hours) at $ Travel: Meals: Lodging: Copies: Reports: copies at $ reports at $ = =$ Total Estimated Costs: $ miles at $.345 = $ hours at $ =$ one-half day (4 hours) at $ one day (8 hours) at $ 2 days (16 hours) at $ Please e-mail to jhall@dot.state.az.us or fax form to Partnering Section at (602) 712-3503 for notification and approval. Approved by: Partnering Section G:ITD/Construction Operations/PARTNER/Facilitator Services Form.doc Date Page 42 EXHIBIT 6.4 FACILITATOR FEEDBACK ON PARTNERING WORKSHOP ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 (PLEASE RETURN THIS COMPLETED FORM WITH YOUR REPORT) Project Name: Project # ________________________ ADOT Org _____________________ Facilitator’s Name TRACS # Contractor Workshop Date What level of cooperation/input did you get from the ADOT Org? What level of cooperation/input did you get from the Contractor? How knowledgeable was the ADOT Org about the project issues and scope? How knowledgeable was the Contractor about the project issues and scope? What was the attitude of the ADOT Org during the Workshop? What was the attitude of the Contractor during the Workshop? What comments do you have regarding the Workshop Facility? What other comments do you have regarding the Workshop? Page 43 EXHIBIT 6.5 PARTICIPANT’S FEEDBACK OF WORKSHOP EFFECTIVENESS ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Project Name: ________________________________________________________________________ Project # _______________________________________ TRACS # ___________________________ Facilitator’s Name: _________________________________ Date of Workshop: ____________________ 1. What is your overall rating of the effectiveness of this workshop? Workshop Format Did Not Meet Met My Exceeded My Needs Improvement My Expectations Expectations Expectations 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 Comments:___________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 2. What about this workshop was most valuable to you? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 3. What would have improved the effectiveness of this workshop? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 4. How do you rate the effectiveness of the Facilitator? Workshop Format Needs Improvement 0.5 1.0 1.5 Did Not Meet My Expectations 2.0 2.5 Met My Expectations 3.0 3.5 Exceeded My Expectations 4.0 Comments:___________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 5. How do you rate the project team’s potential effectiveness? Workshop Format Needs Improvement 0.5 1.0 1.5 Did Not Meet My Expectations 2.0 2.5 Met My Expectations 3.0 3.5 Exceeded My Expectations 4.0 Comments:___________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 6. What other comments do you wish to offer? ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Name: __________________________________________________ Organization: ____________________________________________ Position: ________________________________________________ Page 44 EXHIBIT 6.6 ARIZONA REVISED STATUTE 12-2238 ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 12-2238 A. Mediation; privileged communications; exceptions; liability; definition Before or after the filing of a complaint, mediation may occur pursuant to law, a court order or a voluntary decision of the parties. The mediation process is confidential. Communications made, materials created for or used and acts occurring during a mediation are confidential and may not be discovered or admitted into evidence unless: All of the parties to the mediation agree to the disclosure. The communication, material or act is relevant to a claim or defense made by a party to the mediation against the mediator or the mediation program arising out of a breach of a legal obligation owed by the mediator to the party. The disclosure is required by statute. The disclosure is necessary to enforce an agreement to mediate. Except pursuant to subsection B, paragraph 2, 3 or 4, a mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation proceedings. Evidence that exists independently of the mediation even if the evidence is used in connection with the mediation is subject to service of process or subpoena. Notwithstanding subsection B, threatened or actual violence that occurs during a mediation is not a privileged communication. The mediator may inform the parties that threatened or actual violence is not privileged and may be disclosed. A mediator is not subject to civil liability except for those acts or omissions that involve intentional misconduct or reckless disregard of a substantial risk of a significant injury to the rights of others. For the purposes of this section, "mediation" means a process in which parties who are involved in a dispute enter into one or more private settlement discussions outside of a formal court proceeding with a neutral third party to try to resolve the dispute. B. 1. 2. 3. 4. C. D. E. F. Page 45 ATTACHMENT 7.1 OFFER AND CONTRACT AWARD ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 Submit this form with an original signature to the State. OFFER TO THE STATE OF ARIZONA: The offeror hereby offers and agrees to perform in compliance with all terms, conditions, specifications and amendments of th is solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents. Federal Employer Identification For clarification of this offer, contact: Printed Name No.: Telephone Number Facsimile Number Internet Address Offeror's (Company) Name Address City State Zip Signature of Person Authorized to Sign Offer Printed Name Title ACCEPTANCE OF OFFER AND CONTRACT AWARD (FOR STATE OF ARIZONA USE ONLY) Your offer is hereby accepted. The contractor is now bound to perform based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the contractor's offer as accepted by the state. This contract shall henceforth be referred to as Contract No. . 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 or contract release document. State of Arizona Effective this day of 2001 Kay Fischer As Procurement Officer and not personally Awarded Date Page 46 ATTACHMENT 7.2 PRICE SHEET ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.1 In state travel to off site locations authorized in advance will be reimbursed in accordance with Section 3.0 Special Terms and Conditions, Paragraph 3.6 Travel.) Contractor shall be compensated for travel time to and from off site assignments at one-half the consulting service hourly rate. Out of state travel by Contractor to Arizona for performance of services shall be included in rates for services. Contractor shall not be compensated for travel time. Actual receipts for in state travel must be submitted for reimbursement of allowable direct costs (lodging, communications, etc.). GENERAL PARTNERING REQUIREMENTS Discipline 1: Partnering Workshop Facilitation Services Proposed workshop service rates shall include all time used in preparation and briefing, audio/visual materials, profile tests, handouts, and supplies specific to the workshop (refer to Section 1.0 Scope of Work, Paragraph 1.4.1 Partnering Workshop Facilitation Services). Proposed Rate per Price of handouts per Workshop (including participant (over 25 up to 25 participants)_______ participants_______ 7.2.3.1.1.1 7.2.3.1.1.2 7.2.3.1.1.3 7.2.3.1.1.4 7.2.3.1.1.5 Two hour workshop One-half day (4 hour) workshop Five to six hour workshop One day (8 hour) workshop $_______________ $_______________ $_______________ $_______________ $____________/each $____________/each $____________/each $____________/each $____________/each 7.2.2 7.2.3 7.2.3.1 7.2.3.1.1 One and one-half day (12 hour) $_______________ workshop Two day (16 hour) workshop $_______________ 7.2.3.1.1.6 7.2.3.1.1.7 $____________/each Total cost to reproduce and mail one report (refer to $____________/each Paragraph 1.4.1.2). Contractor will be paid per report. Consulting Services for Partnering Workshop $____________/hour Facilitation Services (refer to Paragraph 1.4.1.5) 7.2.3.1.1.8 Page 47 ATTACHMENT 7.2 PRICE SHEET ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.3.2 7.2.3.2.1 Discipline 2: Partnering Training and Education-Instruction: Proposed instruction service rates shall include all time used in preparation and briefing, audio/visual materials, handouts, and supplies specific to the courses (refer to Section 1.0 Scope of Work, Paragraph 1.4.2 Partnering Training and Education-Instruction Services). Class instruction (these classes have been developed Proposed Rate per by the Department). (Refer to Paragraph 1.3.1.2.1)____ Class_____________ 7.2.3.2.1.1 7.2.3.2.1.2 7.2.3.2.1.3 7.2.3.2.1.4 One-half day (4 hour) class One day (8 hour) class One and one-half day (12 hour) class Two day (16 hour) class $____________/each $____________/each $____________/each $____________/each Proposed Alternative/Additional Materials: Identify and $____________/each price separately all participant handouts, including manuals, workbooks, assessments, etc. Use additional pages as necessary. Contractor Developed Curriculum or Modification (these classes have not been developed by the Proposed Rate per Department): (Refer to Paragraph 1.3.1.2.2)__________ Class_____________ 7.2.3.2.1.5 Consulting Services Modification – Curriculum Development or $____________/hour Proposed Materials: Identify and price separately all $____________/each participant handouts, including manuals, workbooks, assessments, etc. Use additional pages as necessary. 7.2.3.2.1.6 Other Related Fees (describe) $________________ Page 48 ATTACHMENT 7.2 PRICE SHEET ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.3.2 7.2.3.2.1 Discipline 3: Specialized Consulting Services: Proposed interventions, mediation, problem solving, review and follow-up services (refer to Section 1.0 Scope of Work, Paragraph 1.4.3 Specialized Consulting Services). Specialized Consulting Services Clerical/Administrative Services Other Related Fees (describe) 7.2.4 7.2.4.1 7.2.4.1.1 $____________/hour $____________/hour $________________ 7.2.3.2.1.1 TRANSPORTATION INDUSTRY SPECIFIC PARTNERING REQUIREMENTS Discipline 1: Partnering Workshop Facilitation Services Proposed workshop service rates shall include all time used in preparation and briefing, audio/visual materials, profile tests, handouts, and supplies specific to the workshop (refer to Section 1.0 Scope of Work, Paragraph 1.4.1 Partnering Workshop Facilitation Services). Proposed Rate per Price of handouts per Workshop (including participant (over 25 up to 25 participants)_______ participants_______ 7.2.4.1.1.1 7.2.4.1.1.2 7.2.4.1.1.3 7.2.4.1.1.4 7.2.4.1.1.5 Two hour workshop One-half day (4 hour) workshop Five to six hour workshop One day (8 hour) workshop $_______________ $_______________ $_______________ $_______________ $____________/each $____________/each $____________/each $____________/each $____________/each One and one-half day (12 hour) $_______________ workshop Two day (16 hour) workshop $_______________ 7.2.4.1.1.6 7.2.4.1.1.7 $____________/each Total cost to reproduce and mail one report (refer to $____________/each Paragraph 1.4.1.2). Contractor will be paid per report. Consulting Services for Partnering Workshop Facilitation $____________/hour Services (refer to Paragraph 1.4.1.5) 7.2.4.1.1.8 Page 49 ATTACHMENT 7.2 PRICE SHEET ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.4.2 7.2.4.2.1 Discipline 2: Partnering Training and Education-Instruction: Proposed instruction service rates shall include all time used in preparation and briefing, audio/visual materials, handouts, and supplies specific to the courses (refer to Section 1.0 Scope of Work, Paragraph 1.4.2 Partnering Training and Education-Instruction Services). Class instruction (these classes have been developed Proposed Rate per by the Department). (Refer to Paragraph 1.3.1.2.1)____ Class_____________ 7.2.4.2.1.1 7.2.4.2.1.2 7.2.4.2.1.3 7.2.4.2.1.4 One-half day (4 hour) class One day (8 hour) class One and one-half day (12 hour) class Two day (16 hour) class $____________/each $____________/each $____________/each $____________/each Proposed Alternative/Additional Materials: Identify and $____________/each price separately all participant handouts, including manuals, workbooks, assessments, etc. Use additional pages as necessary. Contractor Developed Curriculum or Modification (these classes have not been developed by the Proposed Rate per Department): (Refer to Paragraph 1.3.1.2.2)__________ Class_____________ 7.2.4.2.1.5 Consulting Services Modification – Curriculum Development or $____________/hour Proposed Materials: Identify and price separately all $____________/each participant handouts, including manuals, workbooks, assessments, etc. Use additional pages as necessary. 7.2.4.2.1.6 Other Related Fees (describe) $________________ Page 50 ATTACHMENT 7.2 PRICE SHEET ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.2.4.3 7.2.4.3.1 Discipline 3: Specialized Consulting Services: Proposed interventions, mediation, problem solving, review and follow-up services (refer to Section 1.0 Scope of Work, Paragraph 1.4.3 Specialized Consulting Services). Specialized Consulting Services Clerical/Administrative Services Other Related Fees (describe) $____________/hour $____________/hour $________________ 7.2.4.3.1.1 7.2.5 7.2.5.1 Additional Information: A prompt payment discount of % for be applied to the price schedule rate. days (30 days or more) shall 7.2.5.1.1 Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an offer shall be deducted from the offer for the purposes of evaluating that price. A discount of % shall be applied to the Price Sheet rate when the total dollar volume under the contract exceeds $ . Arizona transaction privilege and use taxes shall not be considered when evaluating the bid or offer. Bids and offers shall be tendered without tax. If requested, Arizona transaction privilege or use tax shall be stated on a separate line as an amount or rate. The Department shall not be responsible for any charges not indicated on this Price Sheet. 7.2.5.2 7.2.5.3 7.2.5.4 Page 51 ATTACHMENT 7.3 REFERENCES ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.3.1 PLEASE LIST THE NAME, ADDRESS, CONTACT NAME, AND TELEPHONE NUMBER FOR THREE (3) ORGANIZATIONS FOR WHOM YOUR COMPANY HAS PROVIDED SERVICES OF A SIMILAR SIZE AND SCOPE WITHIN THE PAST 24 MONTHS. These references WILL be checked, so please make sure all information is accurate and current. ORGANIZATION: ADDRESS: CITY/STATE/ZIP CODE: CONTACT: TELEPHONE NUMBER: DATE OF CONTRACT INITIATION: TYPE OF SERVICES PROVIDED: 7.3.1.1 7.3.1.2 ORGANIZATION: ADDRESS: CITY/STATE/ZIP CODE: CONTACT: TELEPHONE NUMBER: DATE OF CONTRACT INITIATION: TYPE OF SERVICES PROVIDED: Page 52 ATTACHMENT 7.3 REFERENCES ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 7.3.1.3 ORGANIZATION: ADDRESS: CITY/STATE/ZIP CODE: CONTACT: TELEPHONE NUMBER: DATE OF CONTRACT INITIATION: TYPE OF SERVICES PROVIDED: Page 53 ATTACHMENT 7.4 OWNERSHIP CLASSIFICATION ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 NOTE: THE FOLLOWING REQUESTED INFORMATION IS FOR DATA COLLECTION PURPOSES ONLY Name of Organization: Federal Employee Identification Number: Contact Person: Contact Phone: Email: Address: Street/PO Box: City, State, Zip: Primary Business Type (Select One Only): A Authorized Distributor B Broker C Construction Firm D Consulting Firm Fax: E F G H Factory Representative Jobber/Wholesaler Manufacturer Retailer I J K L Service Firm Surplus Dealer Health Care Provider Other ________________ Small/Minority Business Ownership (Select One Only): 1 Non-Small/Non-Minority/Non-Disabled 2 Small Business (Per ARS §41-1001.14) 3 Minority Owned Business (Per 15 CFR §1400.1(a)) 4 Woman Owned Business 5 Owned By Disabled Individual (Per ARS §41-1492.5) 6 Small Business/Minority Owned 7 Small Business/Woman Owned APPLICANT CERTIFICATION: I CERTIFY THAT: 1. 8 9 10 11 12 13 14 Small Business/Disabled Owner Minority Woman Owned Business Disabled-Minority Owned Business Disabled-Woman Owned Business Small Business/Minority-Woman Owned Small Business/Disabled-Minority Owned Small Business/Disabled-Minority-Woman Owned I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to certify the information requested herein; To the best of my knowledge the elements of information provided herein are accurate and true as of the date; and My organization shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment in accordance with ARS Title §41 Chapter 9, Article 4 and Executive Order No. 99-4 dated February 8, 1999. 2. 3. Printed or Typed Name Title Signature Date Page 54 ATTACHMENT 7.4 ADOT LOBBYING CERTIFICATE SOLICITATION NO. T02-48-00012 Page 1 of 4 ARIZONA DEPARTMENT OF TRANSPORTATION LOBBYING CERTIFICATION CERTIFICATION FOR FEDERAL AID CONTRACTS Applies to: Federal-aid contractors, and consultants, as well as lower tier subcontractors and subconsultants. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. SIGNATURE DATE TITLE ECS - Form 90-1 Page 55 ATTACHMENT 7.4 ADOT LOBBYING CERTIFICATE SOLICITATION NO. T02-48-00012 Page 2 of 4 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: a. bid/offer/application b. initial award c. post-award 3. Report type: a. initial filing b. material change For Material Change Only: year quarter date of last report 4. Name and Address of Reporting Entity: Prime Subawardee 5. If Reporting in No. 4 is a Subawardee, Enter Name and Address of Prime: Congressional District, if known: Congressional District, if known: 6. Federal Department Agency: 7. Federal Program Name/Description: CDFA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI): 10.a. Name and Address of Lobbying Entity (if individual, last name, first name, MI): 11. Amount of Payment (check all that apply): $ actual a. cash b. in-kind; specify planned 12. Form of Payment (check all that apply): nature value 13. Type of Payment (check all that apply): a. retainer b. one-time fee c. commission d. contingent fee e. deferred f. other, specify 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: (attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuations Sheet(s) SF-LLL-A attached 16, Yes No Signature: Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - LLL Information requested through this form is authorized by title 31 U..S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the ties above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only Page 56 ATTACHMENT 7.4 ADOT LOBBYING CERTIFICATE SOLICITATION NO. T02-48-00012 Page 3 of 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. Identify the status of the covered Federal action. 2. 3. Identify the appropriate classification of this report. This is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, bans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in hem 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or ban award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001". For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in hem 4 to influence the covered Federal action. Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml). 9. 10. (a) (b) 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet (s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348~046), Washington, D.C. 20503. Page 57 ATTACHMENT 7.4 ADOT LOBBYING CERTIFICATE SOLICITATION NO. T02-48-00012 Page 4 of 4 DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Reporting Entity: ________________________________ Page _______ of ____ Page 58 PUBLIC NOTICE ARIZONA DEPARTMENT OF TRANSPORTATION Procurement 1739 West Jackson, Room 100P Phoenix, Arizona 85007-3276 Phone: (602) 712-7211 SOLICITATION NO. T02-48-00012 ARIZONA DEPARTMENT OF TRANSPORTATION PUBLIC NOTICE REQUEST FOR PROPOSALS NO. T02-48-00012 The Arizona Department of Transportation (ADOT), Intermodal Transportation Division, Partnering Section (Department), is seeking offers from qualified firms or individuals capable of providing partnering workshop facilitation, partnering consulting services, partnering training and education pertaining to; 1) general requirements, and 2) specifically to the transportation industry. These services will be required at locations throughout the state. Any contracts resulting from this solicitation shall be available for use by all State of Arizona departments, agencies and boards. It is anticipated that multiple awards will be made. Sealed offers will be received until 3:00 P.M. Mountain Standard Time on September 20, 2001, at the Arizona Department of Transportation, Procurement, 1739 West Jackson Street, Room No. 100P, Phoenix, Arizona 85007-3276. No offers will be accepted after the time specified. Offers will be publicly opened at the time and place indicated above. A pre-offer conference will be held on August 30, 2001, at 8:00 a.m. MST at the Arizona Department of Transportation, 206 South 17th Avenue, Auditorium, Room No. 107/109, Phoenix, Arizona, to answer questions related to this Request for Proposals. The Request for Proposals (RFP) may be obtained from the address stated above or by telephone at (602) 712-7584. The right is reserved by the Department to reject any and all offers. Award shall not be made solely on the basis of price. Award shall be made to the responsible offeror whose offer is determined in writing to be the most advantageous to this state taking into consideration the evaluation factors set forth in the Request for Proposals. Page 59