BPM003338_-_Pump_Maintenance__Repair_and_Purchase_Southern_State_Parks_.pdf

Invitation for Bid

SOLICITATION NO.: BPM003338

Pump Maintenance, Repair and Purchase – AS NEEDED (Southern Region State Parks)

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SOLICITATION NO: BPM003338

DESCRIPTION: Arizona State Parks invites sealed bids from qualified firms to provide the Pump

Maintenance, Repair and Purchase – AS NEEDED (Southern Region State Parks) at the location listed below, in accordance with the scope of work prepared by Arizona State Parks

DUE DATE AND TIME: Refer to Arizona Procurement Portal (APP) for Due Date and Time

LOCATION(S): See Exhibit A – Current Region Locations and Equipment (APP Attachment)

ON-SITE INSPECTIONS: Due to the required social distancing group On-Site Inspections must be scheduled with the Park Manager at that location.

INQUIRY DEADLINE:

All inquiries regarding this solicitation should be submitted online through Arizona Procurement Portal (APP). All questions must be submitted Refer to Arizona Procurement Portal (APP) for Due Date and Time.

Bidders Are Strongly Encouraged to Attend and carefully read the entire solicitation. Vendors shall submit all questions on Arizona Procurement Portal (APP) Only using the Discussion Forum .

SUBMITTALS: In accordance with A.R.S. § 41-2533, competitive sealed bidding (IFB) for the materials or services specified will be received by the State Procurement Office online through the State’s e-Procurement system. APP (https://appstate.az.gov) at the date and time posted in APP.

Quotations received by the due date and time will be electronically opened. Sealed quotations in response to this solicitation shall be submitted within the State’s e-Procurement system. The due date and time are indicated in as the Bid Opening Date. Late quotations will not be considered. Quotations submitted outside of APP, or those that are received after the due date and time, shall be rejected.

Bidders shall copy APP attachments to their own computer, save the information entered, and submit the completed information as a new, appropriately re-named Attachment in APP. APP will not save information entered directly on the attachments.

BIDDERS ARE STRONGLY ENCOURAGED TO READ CAREFULLY THE ENTIRE REQUEST FOR

QUOTATION.

Mark Goss, Procurement Specialist Email: mgoss@azstateparks.gov Ph: (602) 542-6925

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

ATTACHMENT A- OFFER AND ACCEPTANCE FORM

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Arizona Transaction (Sales) Privilege Tax License No.:

Federal Employer Identification No.:

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order

2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and 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 effective date of the Contract is ____________________________________________________.

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until Contractor receives purchase order, contact release document or written notice to proceed.

State of Arizona Awarded ________ day of ____________________ 20 ______.

Procurement Officer

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

TABLE OF CONTENTS

Offer and Acceptance Form…………………………………………………………………………………………2

Table of Contents……………………………………………………………………………………………………3

Special Instructions to Offerors….………………………………………………………………………………….4

Special Terms & Conditions...………………………………………………………………………………………8

Scope of Work………………………………………………………………………………………………………15

ATTACHMENT A Designation of Confidential, Trade Secret & Proprietary Information ………………………17

ATTACHMENT B Participation of Boycott of Israel ……………………………………………………………..19

ATTACHMENT C CHECKLIST ………………………………………………………………………...………..20

Solicitation Attachments (See all attachments in APP Procurement Portal labeled Attachments)

• Uniform Terms and Conditions (Version 9 – Updated July 1, 2013)

• Uniform Instructions (Updated September 2014)

• Exhibit A – Locations of Service and Current Equipment

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SPECIAL INSTRUCTIONS TO OFFERORS

ON-SITE INSPECTIONS:

Due to the required social distancing group On-Site Inspections must be scheduled with the Park Manager at that location.

1. INQUIRIES:

2.1 Website Inquiries – Potential Offeror(s) with questions regarding the web-based program should contact the Helpdesk at 602-542-7600 during regular business hours or by email to app@azdoa.gov, allowing sufficient time to resolve issues prior to the solicitation due date and time.

2.2 Questions on the IFB or its content - Any question related to this IFB should be submitted to the

Procurement Officer through utilizing the Discussion Forum by no later than two (2) calendar days prior to offer due date. All responses to inquiries will be answered in APP. All questions and responses will be available and viewable by the public. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number.

2. VENDOR REGISTRATION:

Bidder shall be registered and enrolled in the State of Arizona’s Procurement Portal (APP) https://appstate.az.gov . Ensure that the APP registration matches the legal name on the Arizona Substitute W9 and that name matches the name you are registered with at the Internal Revenue Services.

3. PREPARATION/SUBMISSION OF OFFER:

3.1 Offer Submission, Due Date and Time - Offerors responding to a Solicitation must submit the Offer electronically through State of Arizona’s eProcurement system. Offers shall be received before the due date and time stated on the first page of the solicitation. Offers submitted outside of State of Arizona’s Procurement Portal or those that are received after the due date and time shall be rejected.

3.2 Electronic Solicitation Documents. The Solicitation document is provided in an electronic format.

Any unidentified alteration or modification to any Solicitation documents, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void.

3.3 AZ Procurement Portal (APP) Electronic Submission - Offers shall be submitted in an acceptable format, as described herein, using State of Arizona’s online eProcurement application system located at https://appstate.az.gov/. Submission of offers by means other than the system will not be accepted.

3.4 Electronic Bid Attachments. Electronic files shall be submitted in a format acceptable to ASPT.

Acceptable formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint), JPEG and .PDF (Adobe Acrobat).

3.5 Submittal Documents – There are no requirements to submit samples, descriptive literature, or technical data with Offer in addition to the required Attachments listed below.

3.6 Offeror’s Responsibility. The Offeror is cautioned that it is the Offeror's sole responsibility to submit information required or requested in this solicitation and that ASP of Arizona is under no obligation to

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 solicit such information if it is not included with the Offeror's bid. Failure by the Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's bid.

3.7 Solicitation Amendments (acknowledgement of). If solicitation amendments are issued, Offeror should sign and attach any and all Solicitation Amendment(s), using “Sol Amend #” as the title of the document(s). Offerors should also acknowledge any and all Solicitation Amendment(s) in APP as outlined in the How to Respond to Bids (Solicitations) step-by-step guide on the website at https://appstate.az.gov.

3.8 Offer and Acceptance. Offerors to include a completed, signed Offer and Acceptance form, as described in section D2 of the Uniform Instructions to Offerors.

4. DESIGNATION OF CONFIDENTIAL, TRADE SECRET AND PROPRIETARY INFORMTION:

If you believe that a portion of your Offer (or a protest or other correspondence) contains a trade secret or other manner of your proprietary information, you must:

4.1 Indicate on Attachment SPO Form 204 [Designation of Confidential Information] that your proposal contains such claimed confidential information; and

4.2 Designate clearly throughout the Offer each instance of that trade secret or other proprietary information in the other portions of your proposal using the term “confidential.”

4.3 Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-C317 – Attachment SPO Form 204 must be accompanied by a detailed explanation as to why each item or category of items in the proposal should be designated confidential information.

4.4 Procurement Officer shall review your claim of confidentiality and provide a written determination;

until a written determination has been made, Procurement Officer shall not disclose the claimed information to anyone who does not have a legitimate State interest. If Procurement Officer denies the claim of confidentiality, you may appeal the determination to the State Procurement Administrator within the time specified in the determination.

NOTE: Contract terms and conditions, pricing, and information generally available to the public are not and will not be designated confidential information.

5. SUSPENSION OR DEBARMENT CERTIFICATION:

By signing the Offer, the Offeror certifies that the firm, business or person submitting the bid or offer has not been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity with any State or Federal agency, debarment or suspension shall result in rejection of the bid or offer or cancellation of the contract. The State also may exercise any other remedy available by law.

6. CONFLICT OF INTEREST:

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

The offeror shall, throughout the term of the contract, take appropriate action(s) necessary to maintain the integrity of the State’s activities. Any possible or actual conflict of interest situation, related to the supplier’s work for the State and the private sector, shall be reported to the Board in writing within 7 days. The Board will determine the appropriate course of action to alleviate the conflict-of-interest situation. The Board’s decision will be final and without recourse.

7. ATTACHMENT FORMAT:

All attachments shall be submitted in a format acceptable to the State. Acceptable formats include .doc document (Microsoft Word), .xls spreadsheet (Microsoft Excel), and .pdf (Adobe Acrobat portable document format.) Prospective Bidders that wish to submit attachments in other formats should submit an inquiry to the Procurement Officer. Please note that individual attachment documents shall not exceed 10MB.

8. PRICING:

Pricing is all-inclusive including labor, overhead, insurance, supplies, licensing, bonding. Pricing to be submitted on the “Items Tab” in APP

9. PRICES FOR ALTERNATE BID ITEMS:

Pricing shall be submitted on the “Items Tab” in APP.

10. INVOICING:

All invoices shall be submitted by the contractor for completed work to:

Arizona State Parks & Trails Attn: Fiscal Services 23751 N. 23rd Avenue, Ste. 190 Phoenix, AZ 85085 Email: aspinvoice@azstateparks.gov Phone: (602) 542-6938 Fax: (602) 542- 4180

11. RECORDS:

Pursuant to provisions of Title 35, Article 6, Arizona Revised Statutes §35-214 AND §35-215, each Supplier shall retain all books, accounts, reports, files and other records relating to the acquisition and performance of the contract for a period of six (6) years after the completion of the contract. All documents shall be subject to inspection and audit at reasonable times. Upon request, a legible copy of any or all such documents shall be produced at the offices at the Auditor General, the Attorney General, the State Purchasing Office or any agency doing business under this contract.

12. TAXES:

The State of Arizona is subject to all applicable state and local transaction privilege taxes and is exempt from Federal Excise Tax, including the Federal Transportation Tax. The applicable State and local taxes shall be identified as a separate line item on the “Items Tab” in APP.

13. PAYMENT DISCOUNT:

Payment discount periods will be computed from the date of receipt of materials or services or correct invoice, whichever is later, to the date State's warrant is mailed. Unless freight and other charges are itemized, Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 any discount provided will be taken on full amount of invoice. Payment discounts of thirty (30) calendar days or more will be deducted from the Bid price in determining the low Bid. However, the State shall be entitled to take advantage of any payment discount offered by the Contractor provided payment is made within the discount period.

14. EVALUATION:

In accordance with the Arizona Procurement Code § 41-2533, awards shall be made to lowest responsible and responsive offeror whose offer conforms in all material respect to the requirements and criteria set forth in this solicitation.

15. RESPONSIBILITY, RESPONSIVENESS AND SUSCEPTIBILITY:

In accordance with A.R.S. § 41-2534(G), A.A.C. R2-7-C311, A.A.C. R2-7-C312 and A.A.C. R2-7-C316, the State shall consider, at a minimum, the following criteria when determining Offeror’s responsibility, as well, as the proposal’s responsiveness and susceptibility for contract award.

15.1 Whether the Offeror has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

15.2 Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offerors agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

15.3 Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors;

16.3.1 Legally qualified includes if the vendor or if key personnel have 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.

15.4 Whether the Offeror promptly supplied all requested information concerning its responsibility;

16. OFFER ACCEPTANCE PERIOD:

In order to allow for an adequate evaluation, the State requires an offer in response to this Solicitation to be valid and irrevocable for Sixty (60) calendar days after the opening date and time.

17. BID REJECTION:

The State reserves the right to reject any, or all, Bids, combinations of items, or lot, and to waive defects or informalities.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SPECIAL TERMS AND CONDITIONS

1. PURPOSE:

Pursuant to provisions of the Arizona Procurement Code, A.R.S. §41-2501 Et Seq., the State of Arizona, Arizona State Parks, intends to enter into a contract to furnish and provide Pump Maintenance, Repair and Purchase – AS NEEDED (Southern Region State Parks), in accordance with the specifications.

2. CONTACT:

The State’s primary contact for this solicitation and resulting contract with Arizona State Parks:

Mark Goss, Procurement Specialist Arizona State Parks

23751 North 23rd Avenue, Ste 190 Phoenix, AZ 85085 Email: mgoss@azstateparks.gov Phone: (602) 542-6925

3. ELIGIBLE AGENCIES:

Arizona State Parks Board

4. ARIZONA PROCUREMENT CODE:

The Arizona Procurement Code (A.R.S. Title 41, chapter 23) and the Arizona Administrative Code (A.C.C.

Title 2, Chapter 7), are made a part of this document as if fully set forth herein. These documents are available at http://spo.az.gov.

5. TERM OF CONTRACT:

The term of shall commence upon award and shall remain in effect for a period of one (1) year thereafter unless terminated, canceled or extended as otherwise provided herein.

6. CONTRACT EXTENSION:

By mutual written agreement, any resultant contract may be extended by four (4) supplemental periods of up to 12 months each for a total contract term of sixty (60) months.

7. MULTI AWARD CONTRACT:

In order to assure that any ensuing contracts will allow the agency to fulfill current and future requirements, the agency reserves the right to award contracts to multiple suppliers. The actual utilization of any contract will be at the sole discretion of the agency. The fact that the agency may make multiple awards should be taken into consideration by each potential contractor.

8. NON-EXCLUSIVE CONTRACT:

This contract has been awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary. Off-contract purchase authorization(s) may be approved by either the agency (within an agencies

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 delegated authority) or by the State Procurement Office. Approvals shall be at the exclusive discretion of the State and shall be final. Off-contract procurement shall be consistent with the Arizona Procurement Code.

9. ACCEPTANCE:

Each item shall be subject to a complete inspection by the Arizona State Parks. Inspection criteria shall include, but not limited to, conformity to the specifications, quality and service provided.

10. LICENSES:

The Contractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of a business conducted by the contractor.

11. INVOICING AND PAYMENT:

All invoices shall be submitted by the contractor for completed work shall be submitted to:

Arizona State Parks Fiscal Services 23751 N. 23rd Avenue, Ste. 190 Phoenix, AZ 85085 Email: aspinvoice@azstateparks.gov Phone: (602) 542-6938 Fax: (602) 542-4180

The State will make every effort to process payment for the services rendered within thirty (30) calendar days after receipt of goods and services and a correct notice of amount due, unless a good faith dispute exists as to any obligation to pay all or a portion of the account. Any Bid that requires payment in less than thirty (30) calendar days shall not be considered.

12. SHIPPING TERMS:

Prices shall be F.O.B Destination to the delivery location designated herein. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging inspection.

13. BILLING:

All billing notices shall include the purchase order number, contract number, line item number and be directed to the accounts payable department at the address listed on the purchase order.

14. DISCOUNTS:

Payment Discount periods shall be computed from the date of receipt of services or correct invoice, whichever is later, to the date ASPT’s warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of the invoice. ASPT shall be entitled to take advantage of any payment discount offered by the contractor provided payment is made within the discount period.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

15. PRICE ADJUSTMENTS:

Unless otherwise addressed ASPT may review a fully documented request for a price increase only after the contract has been in effect for one (1) year. The request shall be made by no later than 4 days before the end of the contract period and shall be a factor in the extension review process. ASPT shall determine whether the requested price increase or an alternate option is in the best interest of ASPT. Price reduction may be offered at any time during the term of the contract and shall become effective upon notice.

16. CHANGES TO CONTRACT:

The contractor understands and agrees the needs of ASPT may change during the life of the contract and ASPT my propose changes to any part of this contract with a commensurate, fair, and equitable adjustment in price. Any such changes shall be made in accordance with the Amendments clause of this contract.

17. CONTRACT CANCELLATION:

This contract is critical to ASPT and ASPT reserves the right to immediately cancel the whole or any part of this contract due to failure of contractor carrying out any obligations, terms, or conditions of the contract.

ASPT may issue a written notice of default effective at once and not deferred by any interval of time. Default shall be for acting or failing to act on of the following:

• The contractor providing commodities that do not meet the Specifications of the Contract;

• The contractor fails to adequately perform the services set forth in the Specifications of the Contract;

• The contractor fails to complete the work required or furnish the commodities required within the time stipulated in the Contract;

• The contractor fails to make progress in the performance of the contract and /or gives ASPT reason to believe the contractor will not or cannot perform to the requirements of the Contract.

• If the Contractor does not correct the above problem(s) within ten (10) days after receiving the notice of default, the State may cancel the contract. If the State cancels the contract pursuant to this clause, the State reserves all rights or claims to damage for breach of contract.

18. SCRUTINIZED BUSINESS:

In accordance with A.R.S. §35-391 and A.R.S. §35-393, Contractor certifies that the contractor does not have scrutinized business operations in Sudan a or Iran.

19. INDEMNIFICATION:

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

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937 intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

20. INSURANCE REQUIREMENTS:

Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

A. MINIMUM SCOPE AND LIMTS OF INSURANCE:

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

1. Commercial General Liability (GCL) – Occurrence Form

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

• General Aggregate $ 2,000,000

• Products – Completed Operations Aggregate $ 1,000,000

• Personal and Advertising Injury $ 1,000,000

• Damage to Rented Premises $ 50,000

• Each Occurrence $ 1,000,000

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

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

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

2. Business Automobile Liability

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

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

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

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

3. Worker’s Compensation and Employers’ Liability

Statutory

• Workers’ Compensation Employers’ Liability

• Each Accident $1,000,000

• Disease – Each Employee $1,000,000

• Disease – Policy Limit $1,000,000

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

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

B. ADDITIONAL INSURANCE REQUIREMENTS:

The policies shall include, or be endorsed to include, the following provisions:

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

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

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

C. NOTICE OF CANCELLATION:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

D. ACCEPTABILITY OF INSURERS:

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

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

E. VERIFICATION OF COVERAGE:

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

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

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

4. All certificates required by this Contract shall be sent directly to the Department. The State of

Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

F. SUBCONTRACTORS:

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.

G. APPROVAL and MODIFICATIONS:

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

H. EXCEPTIONS:

In event the Contractor, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

21. The successful contractor prior to commencement of work must submit Insurance Certification in accordance with Insurance Requirement within seven (7) calendar days. A copy of a completed Certificate of Insurance form must be forwarded to the Procurement Officer as follows:

• In Description of Operations Section make sure they put the correct Solicitation No: or

Contract No:

• Certificate Holder must be:

Arizona State Parks and Trails Procurement Services Attn: Mark Goss 23751 North 23rd Avenue, Ste 190 Phoenix, AZ 85085

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

SCOPE OF WORK

1. Introduction / Summary

1.1. Arizona State Parks & Trails intends to establish a term contract with a firm(s) to provide on-call, as needed water and wastewater lift station, industrial, hydrostatic type pump, pump motor, accessory and component inspection, testing, maintenance, repair, replacement and overhaul/rebuild services for specified Parks facilities. Services shall be provided in accordance with the terms, conditions, scope of work, specifications of this solicitation.

2. Background

2.1. Arizona State Parks and Trails owns and utilizes various makes and models of water and wastewater lift station, industrial, hydrostatic type pumps, pump motors, accessories and components that operate 24 hours a day 7 days per week. This equipment may, from time to time require inspection, testing, maintenance, repair, replacement, and overhaul/ rebuild services during the contract term. The approximate number(s), locations, and types of pumps, pump motors, accessories and components currently in use or in Parks inventories are listed on Exhibit A. Quantities, types and I herein are estimates only; no guarantee as to actual quantities needing services during the contract term is expressed or implied.

3. GENERAL SPECIFICATIONS/REQUIREMENTS

3.1. The Contractor shall complete all work for the Generator Repair & Maintenance Contract in accordance with all applicable OSHA & NFPA building codes, the manufacturer’s recommended procedures and specifications, the applicable General Services Administration Preventive Maintenance procedures and local, state or federal regulations (whichever standard is more stringent or more applicable).

3.2. Contractor shall, at a minimum supply all facilities, equipment, hardware, replacement parts, technicians, labor, labor burdens, supervision, administration, technical support, reporting services, all safety and general use equipment, tools, materials, supplies, accessories, parts, components, insurance, travel, per diem (if performing on site work and or delivering, dropping off equipment) and all other items of expense required to provide the services specified herein for the contracted fixed price/rates.

3.3. The Contractor must have all of the necessary licenses. Services shall, at a minimum be provided in accordance with all applicable Federal, State and local laws rules, regulations and standards; applicable industry best practice standards; OSHA rules regulations, alerts, standards and directives; and Parks standards and directives.

3.4. The Contractor will be required to furnish and install all new parts, materials and lubricants which meet or exceed the original equipment manufacturer’s specifications; any use of parts other than those manufactured by the original equipment manufacturer shall be approved by The Park prior to utilization.

3.5. Work will be billed by labor hour.

3.6. Parts and purchase will be a discount off list.

3.7. The Contractor shall remove and legally dispose of all waste generated by the work.

3.8. The Contractor shall remove all unused material brought on site by the Contractor.

3.9. The Contractor shall be financially responsible for any repairs to existing grounds, ceiling, walls and/or door jams that may be damaged during installation or repairs.

3.10. When working on-site, Contractor and Contractor’s staff shall follow all State work policies, procedures, and standards including, but not limited to:

3.10.1. No smoking, eating, drinking, except in designated areas.

3.10.2. Sign-in and present positive identification.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

3.10.3. Permit-Required confined space

3.10.4. Interact cordially and professionally with State personnel and the public.

3.10.5. Park in assigned locations and future locations within the region.

4. Specification Section

4.1. Contractors Personnel

4.1.1. Administrative and Supervisory: Contractor shall have and maintain an adequate staff of experienced/trained personnel, capable of and devoted to the successful performance of work under the contract. The contractor shall assign specific individuals to key positions.

4.1.2. Technicians, electrical, mechanical: Contractor shall have and maintain an adequate staff of experienced, qualified / trained personnel, (technicians) needed to perform the services specified herein.

Technicians should have satisfactorily completed one or more of the following;

4.1.2.1. OEM equipment service/training programs (for applicable equipment brand name(s))

4.1.2.2. Independent technical service training programs (trade schools, vocational schools, college coursework, etc.); and or

4.1.2.3. Company provided service/training programs

4.2. Work flow/Process:

4.2.1. When needed, the ordering facility shall issue an equipment inspection/testing purchase order to initiate the process. The purchase order shall, at a minimum cite the contract number, list the brand name, make and model number of the equipment needing inspection/testing along with a brief explanation of equipment's problem or need.

4.2.2. The ordering Park shall, at its option deliver the equipment to contractor's facility or request will call pick up by the contractor. Freight charges shall apply and be added to purchase order(s) having will call pick-up services.

4.2.3. Upon receipt of equipment, contractor shall perform appropriate inspection/testing services; shall generate and submit an inspection finding report and itemized fixed price quote for proposed equipment maintenance, repair and overhaul/rebuild services to the ordering Park. Inspection finding reports and itemized price quotes shall, at a minimum.

4.2.3.1. Cite the applicable contract number and inspection purchase order number;

4.2.3.2. List the brand name, make and model number of the equipment in question;

4.2.3.3. List the inspection/test findings and maintenance, repair and overhaul/rebuild services needed to bring the equipment back up to OEM and/or industry standard specifications;

4.2.3.4. List the not to exceed number of hours (i.e. the contractor's hourly shop rate) needed to complete the service. (Not to exceed hours may be rounded to the nearest 1 hour);

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

4.2.3.5. List all replacement parts, components and or accessories needed to complete the service;

list pricing and net pricing (inclusive of contract discount percent (%) cited in attachment 2, Price Sheet). Cost plus pricing scenarios shall not be used; and

4.2.3.6. Specify the timeframe(s) or lead time(s) needed to complete the services;

5. Service Hours / Emergencies

5.1. Services shall be performed Monday through Friday, except for State designated holidays, between the hours of 8:00 a.m. to 5:00 p.m. The Park may request work to be performed after hours or on weekends depending on the nature and/or location of the work

5.2. Emergency response time cannot exceed 2 hours, excluding travel time to park location

5.3. The Contractor shall provide at least one 24/7 phone number or pager number for emergency purposes.

6. Travel

6.1. Technician travel cost shall be paid by Parks at the state of Arizona’s maximum allowable rate per mile. All ravel costs (per mile from contractor’s maintenance facility) shall be quoted to Parks before services are rendered.

7. Warranty

7.1. The Contractor shall include any warranty service that is available.

7.2. Contractor shall re-execute any work that fails to conform to requirements of the contract which appear during the course of equipment use. The contractor shall immediately remedy any defects due to faulty workmanship. All component/part replacements shall be done by contractor within mutually agreed upon timeframes and at no additional cost to Parks.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

ATTACHMENT B

Designation of Confidential, Trade Secret & Proprietary Information

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Arizona State Parks 23751 N. 23rd Avenue, Ste 190

Phoenix, AZ 85085

(602) 542-6937

ATTACHMENT C

Participation of Boycott of Israel

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01 This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance.

As defined by A.R.S. §35-393.01:

1."Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c) applies.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means a sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.

3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests.

4."Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either:

(a) together with other investors that are not subject to this section.

(b) that are held in an index fund.

5.”Public entity" means this State, a political subdivision of this STATE or an agency, board, commission or department of this state or a political subdivision of this state.

6. ”Public fund" means the state treasurer or a retirement system.

7. "Restricted companies" means companies…