1-Kimley-Horn_Attachment 5 - Conformance Statements and Exceptions Requests.xlsx

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Attached to
Master Agreement AZ|CTR074228
Contract number
CTR074228
Issued by
Arizona

About this file

This document is a Conformance Statements and Exceptions Requests form for a Request for Proposal (RFP) Solicitation No. BPM006379 issued by the Arizona Department of Environmental Quality (ADEQ) Procurement Unit. The solicitation is specifically for Capacity Development/Technical Assistance to Small Public Drinking Water Systems, with Kimley-Horn appearing to be an interested offeror reviewing and potentially proposing exceptions to the contract terms.

The solicitation seeks professional services related to technical assistance for small public drinking water systems in Arizona. The document indicates the offeror (Kimley-Horn) is reviewing and proposing specific exceptions to the contract's terms and conditions, particularly around indemnification clauses. The proposed exceptions focus on adding references to Arizona Revised Statutes Section 41-2586 to provide more legal specificity to the indemnification language. The document suggests this is part of a competitive procurement process for professional services, with the offeror carefully reviewing and potentially negotiating specific contractual terms prior to final submission.

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Sheet1 Request for Proposal

Solicitation No. BPM006379 Capacity Development/Technical Assistance to Small Public Drinking Water Systems Arizona Department of Environmental Quality (ADEQ) Procurement Unit

Attachment 5 - BPM006379 Conformance Statements and Exceptions Requests

Offeror Name:

If taking exceptions, the relevant subsequent sections must be completed. Add additional rows as needed.

This document must be returned in an Excel (.xls or .xlsx) format.

STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.

READ ALL INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS. OFFERS WITH EXCEPTIONS MAY BE FOUND NOT SUSCEPTIBLE FOR AWARD UNDER A.A.C. R2-7-C311.

IF NEITHER BOX IS MARKED WITH AN "X" UNDER ANY SECTION BELOW, THE OFFEROR’S RESPONSE TO THAT SECTION WILL BE CONSIDERED “YES” AND STATE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS
Place an "X" in one of the following boxes to indicate the Offeror's conformance:
XYES – Offeror acknowledges that it has read and understands the Instructions to Offerors (RFP) of the Solicitation Documents and attests that its Offer complies with all aspects.
NO – Offeror acknowledges that it has read and understands the Instructions to Offerors (RFP) in the Solicitation Documents, and attests that its Offer complies with all aspects EXCEPT FOR the exceptions listed below.
Exceptions to Instructions to Offerors (RFP)
Article / Paragraph or Exhibit ReferenceRFP language (Copy and paste from Solicitation)Proposed Changes / Alternate LanguageRationale for Proposed ChangeState Response
Special Instructions to Offerors

Standard Instructions to Offerors (RFP)

CONFORMANCE TO THE SCOPE OF WORK AND SPECIFICATIONS
Place an "X" in one of the following boxes to indicate the Offeror's conformance:
XYES – Offeror acknowledges that it has read and understands the Scope of Work and Specifications, along with any respective Exhibits, Addendums, and Appendices of the Solicitation Requirements and attests that its Offer complies with all aspects.
NO – Offeror acknowledges that it has read and understands the Scope of Work and Specifications, along with any respective Exhibits, Addendums, and Appendices of the Solicitation Requirements and attests that its Offer complies with all aspects EXCEPT FOR the exceptions listed below.
Exceptions to Scope of Work and Specifications
Article / Paragraph or Exhibit ReferenceRFP language (Copy and paste from Solicitation)Proposed Changes / Alternate LanguageRationale for Proposed ChangeState Response
Scope of Work and Specifications
CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS
Place an "X" in one of the following boxes to indicate the Offeror's conformance:
YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with any respective Exhibits, Addendums, and Appendices of the Solicitation Requirements and attests that its Offer complies with all aspects.
XNO – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with any respective Exhibits, Addendums, and Appendices of the Solicitation Requirements and attests that its Offer complies with all aspects EXCEPT FOR the exceptions listed below.

Exceptions to Contract Terms & Conditions

Article / Paragraph or Exhibit ReferenceRFP language (Copy and paste from Solicitation)Proposed Changes / Alternate LanguageRationale for Proposed ChangeState Response
Special Terms & Conditions
Page 39, 6.2General Contractor Indemnification Insurance Requirements: We have asked for reference to ARS in prior State Agency reviews with this language.Suggest adding “and subject to the limitations in Arizona Revised Statutes Section 41-2586,” after “To the fullest extent permitted by law,”.Reference to Arizona Revised Statutes Section 41-2586 provides more specificity to the section of applicable Arizona State Law.
Addendum A to Special Terms & Conditions
Page 45, 1.1Indemnification Clause: We have asked for reference to ARS in prior State Agency reviews with this language.Suggest adding “and subject to the limitations in Arizona Revised Statutes Section 41-2586,” after “To the fullest extent permitted by law,”.Reference to Arizona Revised Statutes Section 41-2586 provides more specificity to the section of applicable Arizona State Law.

Addendum B to Special Terms & Conditions

Uniform Terms & Conditions
Page 58, 6.2.1Contractor/Vendor Indemnification (Not Public Agency): We have asked for reference to ARS in prior State Agency reviews with this language.Suggest adding “and subject to the limitations in Arizona Revised Statutes Section 41-2586,” after “To the fullest extent permitted by law,”.Reference to Arizona Revised Statutes Section 41-2586 provides more specificity to the section of applicable Arizona State Law.

Solicitation Attachment – Conformance Statements and Exceptions Requests | Revision No. 2 | Revised 03-24 image1.jpg

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