BPM004493_Aquatic_Habitat_Assessments__-_Solicitation_Requirements.pdf

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

Solictation# BPM004493

Request for Proposal

REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL NO: BPM004493 DUE DATE: May 19, 2022 by3:00 P.M. MST.

In accordance with A.R.S. § 41-2534, competitive sealed proposals for the materials and services specified will be received by the Arizona Game and Fish Department (AGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP) at https://app.az.gov .

Proposals received in APP by the due date and time will be opened. The name of each Offeror will be publicly available. Late proposals will not be considered. Proposals submitted outside of the APP system will be rejected.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE REQUEST FOR

PROPOSAL INCLUDING ALL DOCUMENTS LOCATED IN THE “RFX EXHIBITS” TAB OF

https://app.az.gov AS INCORPORATED HEREIN BY REFERENCE.

Branch: WILDLIFE MANAGEMENT DIVISION, AQUATIC BRANCH

Material and/or Service: AQUATIC HABITAT ASSESSMENT SERVICES

Contract Type: TERM

Contract Term: ONE YEAR EXTENDABLE UP TO A MAXIMUM OF 5 YEARS

PRE-OFFER CONFERENC: A PRE-OFFER CONFERENCE WILL NOT BE HELD. ADDRESS ANY

QUESTIONS TO THE PROCUREMENT CONTACT.

Procurement Contact:

Elizabeth Burgard

Sr. Procurement Specialist

Tel: (623) 236-7459

Email: eburgard@azgfd.gov

Date: April 14, 2022 https://app.az.gov/ https://app.az.gov/ mailto:eburgard@azgfd.gov

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM004493

Table of Contents

Contents

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

INTRODUCTION AND BACKGROUND

SCOPE OF WORK

SELECTION PROCESS EVALUATION CRITERIA

INDEMNIFICATION AND INSURANCE

SPECIAL TERMS AND CONDITIONS

UNIFORM TERMS AND CONDITIONS

Additional documents located in the “RFX Exhibits” tab of APP are incorporated herein by reference.

INTRODUCTION AND BACKGROUND

Purchasing Office

Introduction and Background

1. INTRODUCTION

1.1 This document constitutes a Request for Proposal (RFP), via competitive sealed proposals from qualified individuals and organizations to perform the Scope of Work set forth herein.

1.2 For ease of use, this document includes the Introduction and Background and the Scope of Work, including indemnity and insurance requirements, Evaluation Criteria, Special Terms and

Conditions, Uniform Terms and Conditions and Exhibits if applicable. Additional documents located in the Solicitation in APP are included by reference.

2. BACKGROUND

2.1 The Arizona Game and Fish Department is a leader in the recovery of native trout and is responsible for providing sport fishing opportunities for trout throughout waters in the state including high mountain streams. The Department is also a leader in the recovery and conservation of native aquatic and other species associated with lotic and lentic ecosystems throughout the state.

2.2 Wildfires, overgrazing, wildlife damage, flooding, and overuse have impacted lotic and lentic systems managed for sport fishing and native aquatic species. This has resulted in deposition of silt and debris, increased water temperatures, and pool degradation. Some streams have degraded meadow reaches void of bank stability, stream cover, and habitat complexity, resulting in net loss of habitat for trout and native aquatic species.

2.3 Lentic systems, such as springs, ponds, lakes, and wetlands have been adversely impacted by anthropogenic and other factors, resulting in diminished habitat quality for aquatic species and other wildlife.

2.4 Habitat restoration and improvements in streams and lentic systems will improve the quality and complexity of habitats, supporting increased populations of native species and greater resilience to climate change and other factors. Habitat improvements in trout streams and lentic systems managed for sport fishing will allow more fish to be stocked, facilitate longer holding periods for stocked fish, and increase angler opportunities.

SCOPE OF WORK

Purchasing Office

Scope of Work

1. GENERAL REQUIREMENTS

AGFD is seeking a qualified Consultant to provide geomorphic, hydrologic, and habitat assessment, site restoration planning services assessments and develop plans and design for restoration and enhancements.

There will be a single final list of at least three and not more than five persons or firms and up to three contracts may or will be awarded. These contracts will be in place for one year with options to renew annually for up to four additional years.

All qualified Consultants interested in providing these services to the Arizona Game and Fish Department

(AGFD) are invited to submit their Statement of Qualifications (SOQ). All SOQ’s must comply with the requirements specified in this RFP.

Contractors will assess current morphological and habitat conditions of selected stream systems, then develop plans and designs which prioritize areas with the greatest restoration or enhancement potential. These projects will improve geomorphic stability of the stream and improve habitat conditions for trout and native aquatic species. Contractors also will assess current morphological, hydrologic, and habitat conditions of lentic systems, such as wetlands, ponds, lakes, and springs, then develop plans and designs which prioritize areas with the greatest restoration or enhancement potential. These projects will improve habitat conditions for trout, native aquatic species, and/ or other wildlife.

Initially, focus would be on evaluation of existing habitat conditions and identification of areas and practices for enhancement. An evaluation of hydrology and field surveys of stream channel geomorphology (Rosgen

Level II and III where appropriate) should be combined with an analysis of existing and/or supplemental fish catch data to identify and characterize specific holding habitats used by trout and potential habitat limitations.

The quality and quantity of existing habitats within the project area will be evaluated and the potential for increasing these habitats will be assessed. Typical stream habitat measurements to be analyzed include pool/riffle ratios, maximum pool depth, amount of vertical and overhead cover, and substrate size.

Secondarily focus is identifying specific locations for enhancement, specific enhancement practices, construction sheets and specifications, and preliminary estimates of project cost.

In addition to these restoration and enhancement services the contractor will provide fish barrier services.

These services would include evaluation of existing fish barriers or potential sites for new fish barriers and development of plans and designs for barrier construction, repair, enhancement, or removal. These projects play an important role in native fish conservation, as functional barriers protect native fish from nonnative species downstream that can prey upon, compete with, and hybridize with our native fish species. The primary focus of barrier evaluation projects would be on maintaining the effectiveness of existing fish barriers by evaluating the effectiveness of existing barriers at various flows and conditions, and if found to be ineffective, developing plans and designs to improve the barrier effectiveness. For new barrier construction projects, the primary focus will be on evaluating the geology, hydrology, and existing terrain to find suitable locations for barrier construction. Following the selection of a suitable barrier location, plans and designs for a functional fish barrier should be developed. Finally, the focus of barrier removal projects will be on the successful removal of old nonfunctional fish barriers with minimal impact to the environment, followed by habitat restoration at the site of the barrier as described above.

Purchasing Office

2. SPECIFIC REQUIREMENTS

The Proposal submitted shall fully describe the method by which the offeror proposes to meet or exceed the requirements described in this RFP. This information shall be presented in the “Required Forms” document located in the RFx Exhibits tab in APP, in the order listed in the Scope of Work and shall reference each

Paragraph Number if appropriate.. Offerors can provide additional information in the “RFx Exhibits” tab of their offer in APP.

2.1. The Arizona Game and Fish Department wishes to assess current morphological and habitat conditions of selected stream systems, then develop plans and designs which prioritize areas with the greatest restoration or enhancement potential. These projects will improve geomorphic stability of the stream and improve habitat conditions for trout and native aquatic species.

The Arizona Game and Fish Department also wishes to assess current morphological, hydrologic, and habitat conditions of lentic systems, such as wetlands, ponds, lakes, and springs, then develop plans and designs which prioritize areas with the greatest restoration or enhancement potential. These projects will improve habitat conditions for trout, native aquatic species, and/ or other wildlife.

2.1.1. Initially focus would be on evaluation of existing habitat conditions and identification of areas and practices for enhancement.

2.1.1.1. An evaluation of hydrology and field surveys of stream channel geomorphology (Rosgen

Level II and III where appropriate) should be combined with an analysis of existing and/or supplemental fish catch data to identify and characterize specific holding habitats used by trout and potential habitat limitations.

2.1.1.2. The quality and quantity of existing habitats within the project area will be evaluated and the potential for increasing these habitats will be assessed.

2.1.1.3. Typical stream habitat measurements to be analyzed include pool/riffle ratios, maximum pool depth, amount of vertical and overhead cover, and substrate size.

2.1.2. Secondarily focus is identifying specific locations for enhancement, specific enhancement practices, construction sheets and specifications, and preliminary estimates of project cost.

2.1.2.1. Morphological and other constraints in the stream system will be identified and included in enhancement recommendations.

2.1.2.2. Provide specific design criteria for AGFD chosen practices, locations for practices, detailed construction drawings and specifications showing techniques and costs.

2.1.2.3. Provide oversight/administration for implementation of restoration/enhancement projects.

Purchasing Office

2.2. DELIVERABLES

For each project assigned under this contract a final report to include, as applicable:

2.2.1. Assessment protocols.

2.2.2. Summary of information obtained from literature/data review.

2.2.3. Existing and reference morphological, hydrologic, and habitat conditions.

2.2.4. Reference fish holding habitats.

2.2.5. GIS locations of existing reference habitats.

2.2.6. Potential enhancement practices and treatments.

2.2.7. Maps and GIS locations of potential habitat improvements.

2.2.8. Estimated costs per treatment.

2.2.9. Purpose, locations, and design criteria of specific restoration/enhancement practices and treatments.

2.2.10. Construction drawings reviewed and approved by AGFD Engineer Fred Bloom or his designee.

2.2.11. Construction specifications reviewed and approved by AGFD Engineer Fred Bloom or his designee.

2.2.12. Engineers’ cost estimate.

2.2.13. Pre- and post-completion photos and descriptions of restoration/enhancement projects overseen/ administered by the contractor.

2.3. COST PROPOSAL

Following the compilation and ranking of firms on the Final List by the Selection Committee, the

Procurement Officer will issue formal Invitations to Negotiate to the highest ranked Submitter on the Final

List. If your firm is selected to participate in negotiations you will be requested to submit a cost proposal.

No pricing is to be submitted in your response to this Request for Qualifications. The cost proposal will then be submitted on the Pricing Schedule provided in the Procurement Officer’s Invitation to Negotiate.

Some of the information to be requested during the negotiations is listed in paragraph 2.3.1.

2.3.1. The following information will be included in the negotiation phase of the solicitation as a cost per mile of waterways (for stream sites) or per site (for wetlands, ponds, or lakes) as appropriate:

Purchasing Office

2.3.1.1. Task 1. Review existing data/literature

For stream/lake sites: Review historical fish stocking releases and available historical fish survey data for the waterway to be studied; meeting with AGFD staff to determine angler uses and qualitative characteristics of “quality” habitat based on sampling experience; gathering and review aerial photography if available to note historical changes in channel alignment. For wetland/pond/spring sites: review available literature and information related to historical, reference, and current conditions; meet with AGFD staff as needed.

2.3.1.2. Task 2. Hydrologic Assessment

Determine watershed area (square miles) for project area, for stream sites, develop hydrology for project area and estimate of flows for 1, 5, 10, 25, and 50-year recurrence intervals; and evaluation of changes to hydrology caused by fires.

2.3.1.3. Task 3. Morphologic and Habitat Assessment

For stream sites, morphologic surveys will include Rosgen Level II, and appropriate Level III.

Morphological assessments will include consideration of sediment size, quantity, and transport competence, bed and bank substrate size and distribution, geological constraints, and if needed, barriers to fish movements. Reduce/analyze field survey data. Compare morphological characterization with aquatic sampling data. For spring/wetland/pond/lake sites: evaluate per common practices and recognized regional classification systems. For all sites: Identify and recommend potential habitat enhancement practices and potential areas for enhancement.

2.3.1.4. Task 4. Coordinate findings with AGFD and prepare Assessment Report Discuss preliminary findings with AGFD and incorporate comments and data into final report.

The final report shall include habitat requirements, potential and conceptual design for improvements.

2.3.1.5. Task 5. Construction Drawings, plans and specifications Provide construction drawings based on AGFD approved habitat enhancements from final assessment report.

2.3.1.6. Task 6. Section 404 Compliance

Determine need for Section 404 permitting to complete individual projects(s); obtain necessary permits as applicable.

2.3.1.7. Task 7. Construction Administration

Services will include attendance at pre-construction bid meeting, respond to questions submitted to the AGFD during the bidding process, solicitation addendums, review of submitted substitutions or alternate proposals, response to construction contractor RFI’s, construction site supervision and inspection of construction; preparation of changes or supplemental instructions, perform a substantial completion inspection and review of construction close out documentation.

Purchasing Office

2.3.1.8. Fish Barrier Services

Evaluation of existing fish barriers or potential sites for new fish barriers and development of plans and designs for barrier construction, repair, enhancement, or removal. Barrier removal projects to include removal of old nonfunctional fish barriers with minimal impact to the environment, followed by habitat restoration at the site of the barrier as described above.

2.3.1.9. Standard Professional Services Fee Schedule:

Licensed Civil Engineer

Aquatic Ecologist

Engineering Technician

2.4. INVOICING:

2.4.1. AGFD purchasing office will issue a purchase order in the State’s procurement system, Procure.AZ.gov. Once the purchase order has been received, the Contractor will coordinate the project work through the identified AGFD Representative.

2.4.2. The AGFD will not pay for services and/or products in advance. Payments will be made for completion of services and expenses, as shown by an itemized invoice submitted by the Contractor and approved by the AGFD. Payments will not be authorized if the invoice submitted is incomplete or does not contain necessary justification documentation needed to properly review. Payment for items not authorized under this contract will be rejected unless prior approval has been given by authorized AGFD personnel.

2.4.3. Invoices may be submitted monthly, or once at the end of each program for the entire program.

2.5. WORK LOCATION:

Projects may be located anywhere statewide.

2.6. TRAVEL:

No travel or per diem will be reimbursed as a separate issue. All expenses will be incorporated into the firm, fixed fee for each project per the negotiated fee schedule.

3. SELECTION PROCESS EVALUATION CRITERIA

In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible

Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. Response to evaluation criteria is incorporated in the Required Forms.

Purchasing Office

In determining the persons or firms to be on the final list and their order on the final list, the selection committee shall use and shall consider only the criteria and weighting of criteria, determinations and other actions specified below. The Selection Committee to choose the three (3) to five (5) Consultants to be on the final list and their order on the final list, will evaluate each Statement of Qualifications (SOQ) according to the following criteria:

3.1.1. Experience and qualifications of the Consultant/team. (30 points)

Provide a summary of the experience of the prime consultant and key sub consultants on similar projects, including: project name, role of consultant, location, project dates, client, two current client names with contact information, and a brief description of services provided. List locations of all consultant offices anticipated to be involved in the project and percentage of involvement.

List of all AGFD projects and pertinent non-AGFD projects where the Consultant/team provided design services in the last five years, either completed or ongoing that are not already included in the preceding sections.

3.1.2. Understanding of the project and approach to performing the required services. (25 points)

Provide a discussion of your approach to executing projects of this nature. This discussion should identify major project issues and critical success factors and how your team will address them.

Identify any technical innovations that may be incorporated and/or innovative approaches that will be used in executing the work. Also discuss the particular expertise your consultant/ team offers and how you propose to use that expertise to benefit AGFD and add value to the projects.

3.1.3. Pertinent experience of key personnel to be assigned to this project. (20 points)

Provide a summary of the experience and qualifications, to include Arizona licenses and certifications, of each key team member, including sub consultants. An organization chart should be included that clearly identifies the proposed structure of the project team. (Note that all projects involving the preparation of design plans and specifications require those documents to be sealed by a Professional Architect/Engineer registered in the State of Arizona.)

Role of the person and percentage of time spent on the project

Role of the person on similar projects

Geographic location from which they will work

Project owner

Reference information (two current names with telephone numbers per project

3.1.4. Approach to project management and QA/QC. (15 points)

Provide a discussion of the approach and techniques that will be employed to ensure that the project is completed within schedule and budget, including identification of any programs or other tools that will be used to ensure performance. This should include the roles and authority of key team members, budget and schedule tracking and reporting methods, approach to change management, Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM004493 Page 10 of 35

Solictation# BPM004493 and a discussion of the Consultant’s Quality Assurance/Quality Control procedures. A schedule that demonstrates the Team’s proposed approach, and that includes the major tasks identified in the project understanding, is required in this section.

3.1.5. Current workload and ability of project team to start immediately. (10 points)

Provide a table/list that summarizes the current major assignments of all key team members, percentage of time committed to each assignment, anticipated end date of major assignments, and percentage of time to be committed to this project. Also include a statement as to when the team would be available to start work on this project and anytime constraints to meet the project schedule.

In addition to the evaluation criteria, exceptions to the terms and conditions, as stated in the Uniform

Instructions Section C.3, may impact an Offeror’s susceptibility for award.

Discussion: In accordance with A.R.S. §41-2534, after the initial receipt of proposals, discussions may be conducted with Offerors who submit proposals determined to be reasonably susceptible of being selected for award.

3.2. SUBMITTAL REQUIREMENTS

The Statement of Qualifications shall include a one-page cover letter, plus a maximum of 15 pages to address the SOQ evaluation criteria (excluding resumes and Required Forms but including an organization chart with key personnel and their affiliation). Resumes for each team member shall be limited to a maximum length of two pages and should be attached as an appendix to the SOQ.

The Statement of Qualifications documents must be electronically submitted in APP. Delivered or hand-carried submittals sent to the AGFD will not be accepted. AGFD reserves the right to accept or reject any and all Statements of Qualification. If a company wishes to submit a company brochure, this can be done as an separate attachment to the required SOQ documents in APP. The brochure will not be used in the selection process.

Please be advised that failure to comply with the following criteria may be grounds for disqualification:

Receipt of submittal by the specified cut-off date and time

Adherence to maximum page requirement

Delivery of submittal in correct location

Adherence to the maximum page criterion is critical; each page side (maximum 8 1/2” x 11”) with criteria information will be counted. Pages that have project photos, charts, and graphs will be counted towards the maximum number of pages. Table of Contents pages and tabbed divider pages will not be counted if they do not contain submittal information.

Purchasing Office

3.3. SELECTION PROCESS AND SCHEDULE

The consultant/firm/team will be selected through a qualifications-based selection process which will consist of two evaluated elements: (1) Statements of Qualifications (SOQs) submitted in response to this

RFQ, and (2) reference verification.

To choose the persons or firms to be on the final list and their order on the final list, the selection committee shall use and shall consider only the criteria and weighting of criteria, determinations and other actions set forth in this document. The selection committee will evaluate each SOQ according to the stated criteria. They will then perform a comprehensive reference review and verification process by contacting and interviewing the references provided by the consultants. The AGFD selection panel will then recommended the rank-ordered shortlist of the best-qualified consultants.

There will be a single final list of at least three and not more than five persons or firms. One to a maximum of three contracts may or will be awarded for this SOQ.

3.4. Contact with AGFD Employees

All Consultants interested in this contract (including the Consultant’s employees, representatives, agents, lobbyists, attorneys, and sub-consultants) will refrain, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process. This policy is intended to create a level playing field for all potential Consultants, assure that contract decisions are made in public and to protect the integrity of the selection process. All contact on this SOQ and the selection process should be addressed to the procurement officer, Elizabeth Burgard.

3.5. Negotiations

Following the compilation and ranking of firms on the Final List by the Selection Committee, the

Procurement Officer will issue formal Invitations to Negotiate to the highest ranked Submitter on the Final

List. The contractor will be given deadlines for submission of their written Negotiations Responses. Upon successful negotiation of terms and pricing agreeable to the AGFD and the individual Submitters, up to three contracts may be executed.

The negotiations shall include consideration of compensation and other contract terms that the procurement officer determines to be fair and reasonable to the AGFD. In making this decision, the procurement officer shall take into account the estimated value, the scope, the complexity and the nature of the professional services to be rendered.

If the AGFD is not able to negotiate a satisfactory contract with the highest qualified person or firm on the final list, at compensation and on other contract terms the AGFD determines to be fair and reasonable to this state, the AGFD shall formally terminate negotiations with that person or firm. The AGFD shall then undertake negotiations with the next most qualified person or firm on the final list in sequence until agreements are reached or a determination is made to reject all persons or firms on the final list.

Purchasing Office

If the AGFD terminates negotiations with a person or firm on the final list and commences negotiations with another person or firm on the final list, the AGFD shall not recommence negotiations with any person or firm on the final list with whom the AGFD has terminated negotiations.

INDEMNIFICATION AND INSURANCE

4. INDEMNIFICATION AND INSURANCE

4.1 Indemnification Clause

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

Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that

Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

4.2 Insurance Requirements

4.2.1 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.

4.2.2 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.

Purchasing Office

4.3 Minimum Scope and Limits of Insurance

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

4.3.1 Commercial General Liability (CGL) – Occurrence Form

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

• General Aggregate $2,000,000

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

• Personal and Advertising Injury $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

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

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

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

4.3.2 Business Automobile Liability

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

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

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

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

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

Purchasing Office

4.3.3 Workers’ Compensation and Employers' Liability

• Workers' Compensation Statutory

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

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

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under

A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

4.3.4 Professional Liability (Errors and Omissions Liability)

• Each Claim $2,000,000

• Annual Aggregate $2,000,000

a. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two (2) years beginning at the time work under this Contract is completed.

b. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this contract.

4.4 Additional Insurance Requirements

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

4.4.1 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).

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

Purchasing Office

4.5 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).

4.6 Acceptability of Insurers

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

Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The

State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

4.7 Verification of Coverage

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

4.7.1 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.

4.7.2 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.

4.7.3 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 Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

4.8 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 this contract, proof from the Contractor that its subcontractors have the required coverage.

Purchasing Office

4.9 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.

4.10 Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance

Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply

Instructions to Offerors

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish

Department

Purchasing Office

5000 West Carefree

Highway

1. CONTACTS

Offerors should carefully review this solicitation for defects and questionable or objectionable matter.

Comments or questions shall be entered in the “Discussion Forum” tab of the solicitation in Arizona

Procurement Portal (APP). As a secondary means of submitting written comments, direct comments to the attention of the Procurement Officer named in Arizona Procurement Portal for this solicitation. Such communication should be sent no less than five (5) business days prior to the solicitation due date and time.

Protests based on any omission or error, or on the content of the solicitation, may be disallowed if these faults have not been previously brought to the attention of the AGFD as required herein.

2. SYSTEM FUNCTIONALITY QUESTIONS

Questions regarding the functionality of, or otherwise navigating within the Arizona Procurement Portal system should be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or 602-542-

7600.

3. REQUIRED INFORMATION

Offerors shall complete and submit the forms and attachments titled “Required Forms” in Arizona

Procurement Portal’s “Attachments” tab for this solicitation. Failure to provide all information requested may result in a bid being rejected. Offerors may submit additional documents at their discretion. Any questions you wish to make to the Procurement officer need to be addressed either in Arizona Procurement

Portal’s “Discussion Forum” tab or emailed to the Procurement Officer.

3.1. REQUIRED FORMS

“Required Forms” are located in the “Attachments” tab of Arizona Procurement Portal and must be completed, scanned and uploaded into your Offer in Arizona Procurement Portal.

3.2. PRICING

Complete all information as requested in Arizona Procurement Portal on the items tab. Additional pricing may also be requested in the “Required Forms” attachment in Arizona Procurement Portal.

4. PRE-BID CONFERENCE

If Pre-Bid Conference is being held, the time and place will be indicated in the solicitation’s ‘Pre-Bid

Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal

(https://procure.az.gov). Attendance requirements will also be indicated in this field. See Uniform

Instructions to Offerors, Pre-Offer Conference.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AGFD Deputy Director, 5000 West Carefree

Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

Department

Purchasing Office

5000 West Carefree

5. SITE VISITATION

If a specific jobsite is listed in the Specifications, Offerors are required to examine carefully the job site and satisfy themselves as to the man-hours and conditions to be encountered in performing the work.

Submission of a bid is prima facie evidence that the Offeror has examined the work site, plans, specifications, and amendments. The Offeror understands all work and contract requirements and is aware of all conditions that might impact work performance.

In the event of a contract awarded, no plea of ignorance of conditions that exist, or may hereafter exist, or of difficulties that may be encountered in the provision of services under the contract will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Contract, nor accepted as a basis for any claims for extra compensation.

6. ALTERNATE BID

If the bidder submits an alternate bid for an Invitation for Bid (IFB), each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included. Offerors may submit multiple options in a single document when responding to a Request For Proposal (RFP).

7. BID SOLICITATION AMENDMENT ACKNOWLEDGEMENT

If the State issues an amendment (i.e., new round), the supplier will be notified via email and will be required to acknowledge receipt of the amendment and re-submit a bid if one was already submitted prior to the amendment. While submitting a response to an amendment, the supplier has the ability to copy forward previous offer responses to streamline the submission process.

Offers (quotes) received without acknowledgment of Amendments through the appropriate function in

Arizona Procurement Portal or by including signed copies of all solicitation amendments in the

“Attachments” tab of their Offer (quote) may be deemed as non-responsive.

8. EVALUATION

In accordance with the Arizona Procurement Code A.R.S. § 41-2533, Competitive Sealed Bidding, IFB awards shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the solicitation.

In accordance with the Arizona Procurement code A.R.S. § 41-2534, RFP awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed in the solicitation Scope of Work.

Department

Purchasing Office

5000 West Carefree

9. CLARIFICATION OF OFFER

9.1. The purpose for clarifications is to provide for a greater mutual understanding of the solicitation response.

Clarifications are not negotiable and material changes to the solicitation response shall not be made by clarification.

9.2. The procurement officer may request clarification from offerors at any time after receipt of solicitation response. Clarifications may be requested orally or in writing. If clarifications are requested orally, the offeror shall confirm the request in writing. A request for clarifications shall not be considered a determination that the offeror is susceptible for award.

10. NON-EXCLUSIVE CONTRACT

The AGFD shall have the right to go outside of the contract to obtain similar goods or services from another source when necessary to meet the requirements of the AGFD.

11. ESTIMATED QUANTITIES

The quantities listed in the solicitation are estimates only. Actual quantities purchased may vary from estimates. The State reserves the right to purchase greater or lesser quantities than indicated without penalty.

12. NOT A GUARANTEE OF WORK

The State 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. The State is under no financial obligation to any selected Contractor unless the State issues a purchase order(s) for a specific assignment(s).

13. ADDITIONAL LOCATIONS

The current locations listed in the solicitation may vary. The State and AGFD reserves the right to add future locations as circumstances may require without penalty to fulfill the needs of the Department.

14. NEW EQUIPMENT

All equipment, materials, parts and other components incorporated in the work or an item covered by this contract shall be new, of the latest model and of the most suitable grade for the purpose intended.

Offers must be for equipment on which the original manufacturers' serial number has not been altered in any way. Throughout the contract term, the State reserves the right to reject any altered equipment.

15. BRAND NAME OR EQUIVALENT SPECIFICATION

The brand name or equivalent specification used in this solicitation is for the purpose of describing the standards of quality, performance, and characteristics desired, and are not intended to limit or restrict competition. Any

Department

Purchasing Office

5000 West Carefree offer which proposes equal quality, design, or performance will be considered if the product offered is identified in the bid, including sufficient technical information, and is determined by the State to be an equal in all material respects to the brand name product referenced in the solicitation.

16. DESCRIPTIVE LITERATURE

AGFD reserves the right to request the complete manufacturer's descriptive literature regarding the equipment to be furnished under this solicitation or provided per the contract scope of work/Specifications.

Literature shall be sufficient in detail in order to allow full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected or cancellation of the contract/order.

17. INDEPENDENT CONTRACTOR

Contractor is an independent contractor and shall act in an independent capacity in performance under the

Contract. Neither party is, or is to be construed as, being the employee or agent of the other party and no action, inaction, event or circumstance will be grounds for deeming it to be so.

18. SUBCONTRACTORS

Offerors may subcontract to third party vendors to meet requirements as set forth in this solicitation.

A third party vendor is defined as being completely owned and operated separately from the Offeror.

If requested in the Scope of Work/Specifications, the Offeror shall provide a list of all subcontractors as an attachment to your offer (quote) in Arizona Procurement Portal. Please provide all information requested on the “Subcontractors” page of the “Required Forms” attachment. Construction services also require the

Contractor’s License Number.

Neither this agreement, nor any portion thereof, may be assigned by the Contractor without the written consent of the AGFD first having been obtained.

19. REFERENCES

If requested in the “Required Forms,” the Offeror shall provide a minimum of three (3) references that shall be current and relevant to the intended purpose of the solicitation. Please provide all information requested on the “References” page of the “Required Forms” attachment.

20. PRICING

If the solicitation requests pricing, the total purchase price shall include product, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal. If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested.

Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer Preparation, Identification of Taxes in Offer.

21. TAXES

Department

Purchasing Office

5000 West Carefree

The AGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as requested. When applicable, the tax rate and amount shall be identified in your offer in

Arizona Procurement Portal. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

If this is for construction services, the amount of taxes shall be listed on a separate line from the bid amount as indicated on the “Items” tab in Arizona Procurement Portal in compliance with the Uniform Terms and

Conditions, Costs and Payments, Payments.

22. INVOICING

The AGFD will not pay for services and/or products in advance. Payments will be made 30 days after completion of services and expenses, as shown by an itemized invoice submitted by the Contractor and approved by the AGFD. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary justification documentation needed to properly review. Payment for items not authorized under this contract will be rejected unless authorized AGFD personnel have given prior approval.

23. TRANSPORT AND SHIPPING TERMS

Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries..ADDITIONAL FREIGHT

CHARGES WILL NOT BE AUTHORIZED. Contractor shall retain title and control of all goods until they are delivered to the Arizona Game and Fish Department and acceptance has been made by a representative of the AGFD. All risks of transportation and all related charges shall be the responsibility of the Contractor.

The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

The Contractor shall be fully responsible for the transport of the equipment to and from AGFD, for installation and for the correction of items of workmanship not in compliance with the specifications.

The Contractor shall be responsible for any loss of, or damage to AGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

24. DELIVERY

Delivery is desired as soon as possible, but no later than 30 (thirty) days after receipt of order unless otherwise indicated in the Scope of Work/Specifications.

Delivery shall be accomplished during normal working hours, Monday thru Friday from 8 a.m. until 5 p.m.

AGFD will not accept deliveries on State holidays unless prior arrangements have been made and agreed to by both parties.

25. ACCEPTANCE

Department

Purchasing Office

5000 West Carefree

Each delivered item shall be subject to a complete inspection by AGFD prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality,…