BPM005092_IFB_Septic_Pump_Services_Part_1.pdf

STATE OF ARIZONA

Department of Veterans’ Services

NOTICE OF INVITATION FOR BID

ARIZONA DEPARTMENT

OF VETERANS’ SERVICES

3839 N. 3rd Street Phoenix, Arizona 85012

Cover Page

SOLICITATION NUMBER:

BPM005092 - PART 1, LOT 1, ROUND 1

SOLICITATION DUE

DATE/TIME:

DATE

SUBMITTAL LOCATION: https://app.az.gov

DESCRIPTION: Septic Pump Services

PRE-BID CONFERENCE: There will not be a Pre-Bid Conference for this Solicitation.

In accordance with Arizona Revised Statute (A.R.S.) § 41-2533, competitive sealed bids for the services specified will be received by the Arizona Department of Veterans’ Services (ADVS) online in the State of Arizona’s online procurement system APP, at https://app.az.gov . Bids received by the due date and time will be opened. The name of each Bidder will be publicly available. Bids must be submitted in the State of Arizona's Procurement Portal on or prior to the date and time indicated. Late Bids will not be considered. It is the responsibility of the bidder to routinely check the APP web site for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Bidders shall download and save attachments to their computer, save the information entered, and submit (upload) the completed information as a new, appropriately renamed Attachment in the State’s e-Procurement system. The State’s e-Procurement system will not save information entered directly on the attachments.

It is the Bidder’s responsibility to routinely check the State’s e-Procurement system, Arizona Procurement Portal for Solicitation Amendments.

Inquiries regarding the solicitation are required to be submitted online through the State’s e-Procurement system using the Discussion Forum Tab, five (5) calendar days prior to the Solicitation due date. NOTE: Questions on how to submit the bid shall be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or (602) 542- 7600.

For submittal of an exception or to request a substitution to the solicitation, see Uniform Instructions to Bidders, section 2.4, Timeliness.

With seventy-two (72) hours prior notice, persons with disabilities may request special accommodations such as interpreters, alternative formats, or assistance with physical accessibility. Such requests are to be addressed to the Solicitation contact person named below.

BIDDERS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION CAREFULLY.

Solicitation Contact:

Monica Delarosa

Procurement Officer

Arizona Department of Veterans’ Services

Phone: 602-234-8407

Email: mdelarosa@azdvs.gov https://app.az.gov/ https://app.az.gov/

Part One (1) – Table of Contents

OF VETERANS’ SERVICES

3839 N. 3rd Street

Phoenix, Arizona 85012

INVITATION FOR BID No.: BPM005092

Septic Pump Services

*The following Table of Contents applies to all attachment documents in APP for this Solicitation*

SECTION CONTENT

I. Pre-Solicitation Documents Legal Notice

II. Part One (1) Notice Page

Table of Contents

Specifications

Special Terms and Conditions

Uniform Terms and Conditions

III. Part Two (2) Special Instructions to Bidders

Uniform Instructions to Bidders

IV. Attachments located in APP within the “Technical Questionnaire” tab:

Attachment A: Offer and Acceptance

Attachment B: References

Attachment C: Experience and Capacity Questionnaire

Attachment C-2: Key Personnel

Attachment C-3: Proposed Subcontractors

Attachment D: Designation of Confidential, Trade Secret and Proprietary Information

Attachment E: Boycott of Israel Disclosure

Exhibit A: Price List

Part One (1) – Specifications

OF VETERANS’ SERVICES

3839 N. 3rd Street

I. SPECIFICATIONS

1. INTRODUCTION:

1.1 The Arizona Department of Veterans’ Services (ADVS) is seeking a contract to provide the Septic Pump Services for three State Owned Cemeteries. Arizona Veterans’ Memorial Cemetery-Marana, and Arizona Veterans’ Memorial Cemetery-Camp Navajo. Services will be requested as needed.

2. SPECIFICATIONS FOR EACH CEMETERY:

2.1 Arizona Veterans’ Memorial Cemetery – Marana (AVMC-M)

2.1.1 Cemetery located at: 15950 North Luckett Road, Marana, Arizona 85653.

2.1.2 Wastewater system includes sewer waste line running to two (2) 2000-gallon precast concrete underground sewage vaults.

2.1.3 One (1) 2000-gallon tank installed to serve the Vistor and Administrative Center building.

2.1.4 Once (1) 2000-gallon tank oin the concrete pavement serving the maintenance building.

2.2 Arizona Veterans’ Memorial Cemetery – Camp Navajo (AVMC-CN)

2.2.1 Cemetery located at: 14317 Veterans Drive, Bellemont, Arizona 86015.

2.2.2 Wastewater system includes sewer waste lines running to two (2) 3000-gallon precast concrete underground sewage vaults.

2.2.3 One (1) 3000-gallon tank is installed to serve the Vistor and Administrative Center building.

2.2.4 One (1) 3000-gallon tank is in the concrete pavement serving the maintenance building.

3. CONTRACT REQUIREMENTS:

3.1 The Contractor shall check-in and check-out with the Cemetery Administrator or designee when entering and leaving the property.

3.2 Contractor shall respond to request for services from ADVS within two (2) business days when tank is filled to capacity.

3.3 Contractor shall complete all pumping, hauling and disposal services in accordance with generally accepted practices and meet the requirements of all governmental regulatory agencies.

3.4 All vaults shall be thoroughly cleaned and inspected.

3.5 All documentation submitted to ADVS shall be clearly legible including signatures, names of individual (printed), dates, locations and quantities.

3.6 All work shall be performed in such a manner as not to inconvenience Cemetery visitors.

3.7 The Contractor shall take in to account the State’s normal working conditions and activities in progress and shall conduct the work in the least disruptive manner.

3.8 All work shall be in conformance with all applicable Federal, State and local laws, rules and regulations.

3839 N. 3rd Street

3.9 The Contractor shall obtain all necessary permit(s) required by the appropriate disposal site and dispose of all.

3.10 The Contractor shall have experienced staff with knowledge and understanding of septic pump services.

3.11 Contractor shall be licensed under R18-13, Article 11 to pump out the vaults.

3.12 Contractor is responsible for the payment of fines and/or penalties levied against ADVS by any regulatory agency having jurisdiction, as a result of acts or omissions of the Contractor.

4. VEHICLE REQUIREMENTS:

4.1 The Contractor shall provide and maintain equipment in operational condition and capacity to efficiently perform the services required.

4.2 All vehicles shall obtain a meter to measure the pumped sludge.

4.3 All vehicles shall be clearly marked with company name and/or logo.

4.4 The operation of all equipment shall be safely and follow any restrictions or guidelines that may be posted or brought to the Contractors attention while performing services within ADVS property.

5. ADVS RESPONSIBILITIES:

5.1 Each Cemetery Administrator or designee will contact the Contractor to schedule an appointment for services.

5.2 Services will be scheduled prior to reaching capacity of the vaults.

6. ADDITIONAL REQUIREMENTS AT CONTRACT AWARD:

The Contractor shall:

6.1 Provide a valid Certificate of Liability Insurance (COI) within five (5) business days of notice of contract award that includes all the specific types of insurance and other requirements as listed in the Special Terms and Conditions Insurance Provision 19. ADVS will not be able to issue a Purchase Order for the commencement and continuation of services without a current and valid COI on file with the Procurement Office.

6.2 The Contractor will be paid in accordance with the Contract amount, as accepted by ADVS, and the

ASVHs. The Contractor’s sole compensation will be from the Contract amounts annotated on Price List in the State Procurement Portal (APP) and for satisfactorily carrying out its obligations under the contract.

6.3 The State will not pay for services, any travel expenses, and/or products in advance. Payments will be made upon completion of services as shown by an itemized invoice, submitted by the Contractor by the 30th day of the month following service. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary information needed to properly review.

6.4 All products offered shall be available for ordering at the time of contract award and throughout the life of the contract.

6.5 The Contractor shall provide general help and ordering assistance including toll-free phone and web-based support Monday through Friday, 8:00 AM to 5:00 PM MST.

3839 N. 3rd Street

6.6 The Contractor shall provide products at the discount price offered in response to this IFB and shall perform in accordance with the contracts requirements, terms and conditions contained in this document.

6.7 The Contractor shall offer a full satisfaction guarantee. Any item that is received in error or in a defective and/or damaged condition shall be replaced within ten (10) days from notification at no cost to ADVS.

7. PRICING:

7.1 Pricing All Inclusive:

7.1.1 Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Scope of Work and all aspects of Contractor’s offer as accepted by the State (i.e. setup, plate making, pre-press, estimated shipping, or other incidental charges). Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs and profit and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

7.2 Price Increases:

7.2.1 The State Procurement Office may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product concerned. Contractor must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price Index, or similar pricing guide.

7.2.1.1 Initial Contract prices will be honored for one (1) year after award of the Contract.

7.2.1.2 All written requests for price adjustments made by the contractor shall be initiated thirty (30) days in advance of any desired price increase to allow State sufficient time to make a fair and equitable determination to any such requests. This may be waived upon proper documentation demonstrating the urgency of the request.

7.2.1.3 All price adjustments will be implemented by a formal contract change order. State shall determine whether the requested price increase or an alternate option is in the best interest of State.

7.3 Price Reductions

7.3.1 Price reductions shall be immediately passed along to the State and may be submitted in writing to the

State for consideration at any time during the Contract period. The contractor shall offer the State a price reduction on the Contract product(s) concurrent with a published price reduction made to other customers. State at its own discretion may accept a price reduction. The price reduction request shall be in writing and include documentation showing the actual reduction of cost.

7.4 Additional Charges

7.4.1 Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the

Contract. All additional work shall be approved by the State in advance and be in accordance with the contrite rate.

7.5 Price Quotes

3839 N. 3rd Street

7.5.1 The State requires that the Contractor acknowledge via email any request for price quote they receive from AVMCs within twenty-four (24) hours of receiving this request. In this acknowledgement email, the Contractor can also provide the price quote if possible. If it is not possible to provide the price quote within in the initial twenty-four (24) hours period, then the Contractor is required to give the AVMCs an estimated date by when the Contractor will provide the price quote to the AVMCs.

8. NOTCIES, CORRESPONDENCE, AND INVOICING:

8.1 Notices and correspondence from the Contractor to ADVS shall be sent to:

Arizona Department of Veterans’ Services Procurement Unit 3839 N. 3rd Street

8.2 Contractor shall submit all billing notices or invoices to the ordering AVMCs at the address indicated on the applicable order document.

8.3 Contractor shall submit all invoices to accountspayable@azdvs.gov .

8.4 All invoice must include the following information:

8.4.1 Bill-to name and address,

8.4.2 Contractor name and contract information,

8.4.3 Remit-to address,

8.4.4 Contract number,

8.4.5 Order number,

8.4.6 Invoice number and date,

8.4.7 Date of service,

8.4.8 Contact line item number and description,

8.4.9 Quantity,

8.4.10 Unit of measure,

8.4.11 Item price,

8.4.12 Extended pricing,

8.4.13 Discount off list or catalog,

8.4.14 Taxes (if applicable) as a separate invoice line item,

8.4.15 Total invoice amount due

8.5 No Invoice without Authorization:

8.5.1 Contractor shall not seek payment for any of the following:

8.5.1.1 Materials or services that have not been authorized on an acknowledged order;

8.5.1.2 Expediting, overtime, premiums, or upcharges absent States’ express prior approval; or

8.5.1.3 Materials or services that are the subject of a Contract Amendment or Change Order that has not been fully executed.

8.6 Submitting Invoices:

mailto:accountspayable@azdvs.gov

3839 N. 3rd Street

8.6.1 The Contractor shall submit an invoice using the form provided or required by that ordering AVMCs.

Every invoice must be accompanied by all supporting information and documentation required by the Contract and applicable laws.

8.7 Defective Invoices:

8.7.1 Without prejudice to its other rights under the Contract or further obligation to Contractor, the ordering to AVMCs may, at its discretion, reject any materially defective invoice.

8.7.2 The ordering AVMCs shall notify Contractor within five (5) business days after receipt if the AVMCs determines an invoice to be materially defective.

8.7.3 Invoices will be deemed automatically rejected upon delivery if:

8.7.3.1 the invoice is sent to the wrong address;

8.7.3.2 the invoice does not reference the correct contract number;

8.7.3.3 the invoice is payable to any Persons other than the Contractor; or

8.7.3.4 the invoice has incorrect data or line items

8.7.4 The ordering AVMCs will have no obligation to pay against a defective invoice until Contractor has re-submitted it free of defects.

8.8 Invoicing for Task Orders:

8.8.1 For task order services, invoices must include the following information as applicable to the relevant task order being invoiced against:

8.8.1.1 Substantiation of hours worked using:

8.8.1.1.1 a detailed daily timesheet;

8.8.1.1.2 itemization to the task level; and

8.8.1.1.3 breakdown by service area and any Contract Amendments

8.8.1.2 Authorizations and receipts for all allowable reimbursable items being invoiced; and

8.8.1.3 Contractor’s certification that the invoice has been examined and to the best of Contractor’s knowledge and belief, the invoiced amounts are entitled, correct, and accurate as can be demonstrated by the contractually required books and records upon State’s demand.

Part One (1) – Special Terms and Conditions

3839 N. 3rd Street

II. 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, Department of Veterans’ Services (ADVS) intends to establish a Contract for the materials or services as listed herein.

2. TERM OF CONTRACT (1 YEAR):

The term of any resultant Contract shall commence upon final signature and shall continue for a period of One (1) Year thereafter, unless terminated, canceled or extended as otherwise provided herein.

3. CONTRACT EXTENSIONS 5 YEAR MAXIMUM:

The Contract term begins upon award and shall continue for a period of One (1) Year subject to additional successive periods of twelve (12) months per extension with a maximum aggregate including all extensions not to exceed five (5) years.

4. CONTRACT TYPE:

X Firm Fixed Price

5. LICENSES

The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor.

6. INFORMATION DISCLOSURE:

The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the State.

The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

7. KEY PERSONNEL:

7.1. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract.

8. MOST-FAVORED CUSTOMER:

Throughout the life of the contract, the Contractor shall always offer the State the Most-Favored Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

9. NON-EXCLUSIVE CONTRACT:

3839 N. 3rd Street

Any contract resulting from this solicitation shall be 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, or when determined to be in the best interest of the State.

10. VOLUME OF WORK:

The Arizona Department of Veterans’ Services does not guarantee a specific amount of work either for the life of the Contract or on an annual basis.

11. EMPLOYEES OF THE CONTRACTOR:

All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADVS or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to the Contractor’s business.

12. ORDER PROCESS:

The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under contract with ADVS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

13. SUPPLIER PERFORMANCE REPORTS:

Program management shall document supplier performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADVS Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Officer for approval of the plan.

14. PAYMENT PROCEDURES:

14.1. ADVS accounting will not make payments to any Entity, Group or individual other than the Supplier with the

Federal Employer Identification (FEI) Number identified in the Contract. Supplier invoices requesting payment to any Entity, Group or individual other than the contractually specified Supplier shall be returned to the

Supplier for correction.

14.2. The Supplier shall review and insure that the invoices for services provided show the correct Supplier name prior to sending them to the ADVS Accounting Office for payment.

14.3. If the Supplier Name and FEI Number change, the Supplier must complete an “Assignment and Agreement” form transferring contract rights and responsibilities to the new Supplier. ADHS must indicate consent on the form. A written Contract Amendment must be signed by both parties and a new IRS W-9 form must be submitted by the new Supplier and entered into the system prior to any payments being made to the new

Supplier.

15. FINANCIAL MANAGEMENT:

15.1. For all Contracts, the practices, procedures, and standards specified in and required by the Accounting and

Auditing Procedures Manual for Arizona Department of Veterans’ Services funded programs shall be used by the Contractor in the management of Contract funds and by the ADVS when performing a Contract audit.

Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these

3839 N. 3rd Street

Contract services shall be accounted for in a separate fund.

15.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified compliance provisions of A.R.S. § 35-181.03.

15.3. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

16. INSPECTION AND ACCEPTANCE:

All services, data and required reports are subject to final inspection, review, evaluation and acceptance by the AVHS.

The ADVS may withhold payment for services that are deemed to not meet Contract standards.

17. AUTHORIZATION FOR SERVICES:

Authorization for purchase of services under this Contract shall be made only upon ADVS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADVS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADVS unless a) the Purchase Order is changed or modified with an official ADVS Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract.

18. INDEMNIFICATION CLAUSE:

18.1. 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.

18.2. 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.

19. INSURANCE REQUIREMENTS:

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

3839 N. 3rd Street

(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.

19.1. Insurance Requirements

19.1.1. 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.

19.1.2. 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.

19.2. Minimum Scope and Limites of Insurance

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

19.6.1 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.

19.6.2 Business Automobile Liability

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

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

3839 N. 3rd Street

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

19.6.3 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).

19.3. Additional Insurance Requirements

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

19.3.1 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).

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

19.4. 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).

19.5. 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-

3839 N. 3rd Street required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

19.6. 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.

19.6.1 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.

19.6.2 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.

19.6.3 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. The

State of Arizona reserves the right to require complete copies of all insurance policies required by this

Contract at any time.

19.7. 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.

19.8. 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.

19.9. 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.

20. PANDEMIC CONTRACTUAL PERFORMANCE:

20.1. The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. The State may require a copy of the plan any time prior or post award of a Contract. At a minimum, the pandemic performance plan shall include:

20.1.1. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce;

20.1.2. Alternative methods to ensure there are products in the supply chain; and

3839 N. 3rd Street

20.1.3. An up to date list of company contacts and organizational chart.

20.2. In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health

Organization, which makes performance of any term under this Contract impossible or impracticable, the State shall have the following rights:

20.2.1. After the official declaration of a pandemic, the State may temporarily void the Contract(s) in whole or specific sections, if the Contractor cannot perform to the standards agreed upon in the initial terms;

20.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code; and

20.2.3. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, the State, at is sole discretion, may reinstate the temporarily voided Contract(s).

20.3. The State, at any time, may request to see a copy of the written plan from the Contractor. The Contactor shall produce the written plan within seventy-two (72) hours of the request.

21. THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR TRANSPARENCY ACT

- P.L.109-282, AS AMENDED BY SECTION 6202(A) OF P.L. 110-252), FOUND AT Error! Hyperlink reference not valid. :

If applicable, the subrecipient or sub-awardee is required to abide by the Federal Funding Accountability and Transparency Act (FFATA or Transparency Act – P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/. The associated Grant Reporting Certification Form and completion instructions will be sent to the subrecipient from ADHS Program(s) responsible for the specific contract. The subrecipient or sub-awardee must return the completed form to ADHS Program(s) by the 15th of the month following that in which the award was received. Failure to complete a required Grant Reporting Certification Form may result in loss of funding.

22. TRANSITION ACTIVITIES:

22.1. The Contractor shall support the transfer of goods and services to the new Contractor at the conclusion of its

Contract;

22.2. Upon termination of this Contract, if ADVS anticipates a continued need for the Contract Services specified herein and a contract is awarded to a new Contractor, there shall be a transition of services period of not less than thirty (30) days. During this period, the existing Contractor shall work closely with the new Contractor, or

Contractors, personnel and/or staff to ensure a smooth and complete transfer of duties and responsibilities;

22.3. An authorized representative from ADVS shall coordinate all transition activities. A transition plan will be developed in conjunction with the outgoing Contractor to assist the new Contractor, or Contractors, personnel and/or staff to implement the transfer of duties;

22.4. ADVS reserves the right to determine which projects nearing completion will remain with the current Contractor of record.

22.5. The Contractor shall return all ADVS equipment, reports, and any other documentation developed during the term of the Contract that ADVS deems necessary to maintain ongoing operations.

23. CONTRACTING; PROCUREMENT; INVESTMENT; PROHIBITIONS:

https://www.fsrs.gov/

3839 N. 3rd Street

23.1. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

23.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel.

23.3. Contractor hereby certifies that it is not currently engaged in, and will not for the duration of this Contract engage in, a boycott of Israel as defined by A.R.S. § 35-393.01. Violation of this certification by Contractor may result in action by the State up to and including termination of this Contract.

24. CONFIDENTIALITY OF RECORDS:

The Contractor shall establish and maintain procedures and controls acceptable to the State for the purpose of assuring that information or data in its possession is not mishandles, misused, released, disclosed, or used in an inappropriate manner by it, its agents, officers, or employees. This includes information contained in its records obtained from the State or others, necessary for Contract performance. The Contractor shall take all reasonable steps and precautions to safeguard this information and data and shall not divulge the information or data to parties other than those needed for the performance of duties under the Contract.

25. SECTION 508 IT COMPLIANCE:

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this solicitation shall comply with A.R.S. § 41-3531 and 3532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

26. CUSTOMER SATISFACTION:

26.1. ADVS may design and conduct an annual evaluation with staff periodically to determine Contractor compliance with tasks in the Scope of Work. The Hospital shall distribute the survey to staff at its discretion. Surveys will be returned to the ADVS Procurement Office for tabulation and evaluation. ADVS shall share the results of the survey with the Contractor. Any deficiencies shall be noted and corrections made by the Contractor within thirty

(30) days of receipt of the survey results.

27. SELF INSPECTION AND QUALITY CONTROL:

The Contractor is required to have a plan for self-inspection and quality control for all assigned tasks. The Contractor shall be able to demonstrate that requested work has been completed in a timely and quality conscious manner. The Contractor shall submit a copy of their updated plan and revised copies throughout the term of this contract.

28. CONTRACTOR EMPLOYEE TRAINING PROGRAMS:

The Contractor is required to have an employee-training program that assists employees in improving their knowledge concerning the specifics of their job and providing customer service that meets or exceeds the ASVH’s expectations, including new employee orientation. Proof of completion of contractor’s employee-training program(s) may be requested.

29. SPECIAL PURCHASES:

ADVS may require the Contractor to make emergency or special purchases. For all purchases greater than nine hundred ninety-nine dollars ($999), Contractor shall seek as much competition as practicable. All special or emergency purchases shall be pre-approved by the Hospital ACOO. The Hospital reserves the right to make such

3839 N. 3rd Street purchases from any source that is determined to be in the best interest of the State.

30. HOSPITAL PROPERTY:

The Contractor shall not dispose of any Hospital property; all approved disposal shall follow State of Arizona

Department of Administration Policies and Procedures for surplus property.

31. TECHNOLOGY REPLACEMENT:

In any event where product is discontinued, no longer available or technical inferior to newly developed product, the Contractor shall provide an equivalent replacement model at no additional cost and shall honor the original contract terms.

32. NEW EQUIPMENT:

All equipment, and supplies provided for through this Contract shall be brand new. Equipment shall be warranted by the Original Equipment Manufacturer. Evidence of such warranty may be required to be provided, prior to payment of any submitted invoice. ADHS will not accept or pay for any equipment delivered and found to be remanufactured, rebranded, or refurbished.

33. PRODUCT DISCONTINUANCE:

In the event that a manufacturer discontinues a product or groups of products, the State at its sole discretion may allow the Contractor to provide substitutes for the discontinued product(s) or allow the deletion of such products from the Contract. The request may be submitted at any time during the Contract period and shall be supplemented with the following information. Failure to supply any of the following information with the request may result in the State not considering the request.

34. DEFECTIVE PRODUCTS

All defective products shall be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, repacking, reshipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the State within seven (7) days of initial notification.

3839 N. 3rd Street

Uniform Terms and Conditions Version 10

1. Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “Attachment” means any item the Solicitation which requires the Offeror to submit as part of the Offer.

1.2. “Contract” means the combination of the Solicitation, including the Uniform and Special

Instructions to Offerors, the Uniform and Special Terms and Conditions, and the

Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers;

and any Solicitation Amendments or Contract Amendments.

1.3. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.4. “Contractor” means any person who has a Contract with the State.

1.5. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

1.6. “Days” means calendar days unless otherwise specified.

1.7. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.8. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.9. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

1.10. “Procurement Officer” means the person, or his or her designee, duly authorized by the

State to enter into and administer Contracts and make written determinations with respect to the Contract.

1.11. “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

3839 N. 3rd Street

1.12. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the

Contract.

1.13. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

1.14. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Materials or any Services required for the performance of the Contract.

1.15. “Subcontractor” means a person who contracts to perform work or render Services to a

Contractor or to another Subcontractor as a part of a Contract with the State.

2. Contract Interpretation

2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the

Uniform Commercial Code as adopted by the State of Arizona and the Arizona

Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.

2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this

Contract are a part of this Contract as if fully stated in it.

2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Special Terms and Conditions;

2.3.2. Uniform Terms and Conditions;

2.3.3. Statement or Scope of Work;

2.3.4. Specifications;

2.3.5. Attachments;

2.3.6. Exhibits; then

2.3.7. Any other documents referenced or included in the Solicitation including, but not limited to, any Bid or Offer documents provided by the Contractor that do not fall into one of the above categories.

2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor.

Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract.

2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

2.6. No Parol Evidence. This Contract is intended by the parties as a final and complete

3839 N. 3rd Street expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

2.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

3. Contract Administration and Operation

3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain any and all Data and other “records” relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

3.2. Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-

09 and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

3.3. Audit. Pursuant to…