BPM005489__Road_Grading_Services_-Boquillas_Ranch_Property_-Solicitation_Requierements.pdf

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

IFB 08-10-2016

INVITATION FOR BID

INVITATION FOR BID NO: BPM005489 BID DUE DATE: July 27, 2023; 3:00 P.M. MST.

LOCATION: Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086;

In accordance with A.R.S. § 41-2533, competitive sealed bids 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: https://app.az.gov .

Bids received in Arizona Procurement Portal by the due date and time will be opened. The name of each Offeror and their un-evaluated pricing will be publicly available. Bids are to be submitted in the State’s Arizona

Procurement Portal system prior to the date and time indicated. The due date and time are indicated in Arizona

Procurement Portal as the Bid Opening Date. Late bids will not be considered. Bids submitted outside of the

Arizona Procurement Portal system will be rejected.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION FOR BID.

Branch: TERRESTRIAL WILDLIFE BRANCH, WILDLIFE MANAGEMENT DIVISION

Material and/or Service: ROAD GRADING SERVICES FOR BOQUILLAS RANCH PROPERTY

Contract Type: FIXED PRICE

Contract Term: ONE YEAR EXTENDABLE

NOTE: A PRE-BID CONFERENCE WILL NOT BE HELD FOR THIS SOLICITATION.

Procurement Contact

Name: Elizabeth Burgard

Phone: 480-619-3962

Fax: 623-236-7327

Email: eburgard@azgfd.gov

Date: June 7, 2023 https://procure.az.gov/

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION No. BPM005489

IFB 08-10-2016

PARAGRAPH# PAGE #

INVITATION FOR BID

1. PURPOSE

2. LOCATION

3. SPECIFICATIONS

4. REQUIRED INFORMATION

5. PRE-BID CONFERENCE

6. SUBCONTRACTOR'S LIST

7. INSURANCE

8. DEFINITION OF KEY WORDS USED IN THE IFB

9. SOLICITATION SPECIAL TERMS AND CONDITIONS, UPDATED 8/2016

10. UNIFORM TERMS AND CONDITIONS

11. EXHIBIT I

Additional documents located under “Exhibits” in the Arizona Procurement Portal are incorporated herein by reference.

SPECIFICATIONS

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM005489

AGFD Rev. 8-2-2016

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is establish a contract for Road Grading Services for up to 150 miles of existing roads on private lands located on the Diamond A Ranch property for the Arizona Game and Fish Department (AGFD) in accordance with the IFB.

2. LOCATION

Big Boquillas Ranch Property. See Map Exhibit I page 41 of 41.

3. SPECIFICATIONS

AZGFD has a recreational land access agreement with the Diamond A Ranch to perform annually either road grading or woody vegetation removal. AZGFD is to spend $150,000.00 annually for road grading and

/or removal of woody vegetation. This contract is for the road grading services. The annual spend for the road grading will be $150,000.00 or less. Contractor is not guaranteed any minimum spend under this contract.

3.1. This is NOT a Davis Bacon Wage project. Disregard Special Terms and Conditions paragraph 42.

3.2. Pricing:

3.2.1. Complete all information requested in Arizona Procurement Portal (APP). Pricing to be submitted on the “Items Tab” in Arizona Procurement Portal. The taxes are to be listed separately on the lines indicated in Arizona Procurement Portal. The AGFD is not tax exempt and must pay all applicable State and local taxes, therefore we must know the tax that the

Department will be charged when scheduling services. 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.

3.2.2. Pricing will be for grading of one mile of road. The ranch has 150 miles of existing roads.

All or some of these roads will be graded annually as AZGFD budget allows. Contractor is required to have local knowledge and be available for timely deployment based on changing road conditions to meet the AZGFD’s obligations with the ranch.

4. REQUIRED INFORMATION

Offerors shall electronically complete and submit the Required Forms. These Required Forms are located in Arizona Procurement Portal for this solicitation. Failure to include all of the items may result in a bid being rejected. Offerors may submit additional documents at their discretion.

4.1. The Contractor MUST provide Attachment I Sub-Contractors. If none are being used submit form with “N/A” written across it. If you do not own but are renting equipment please list rental company as a sub-contractor.

4.2. The Contractor MUST provide three (3) references (Arizona preferred) for which similar services and materials have been supplied within the past 36 months. The references shall include the company name, address, telephone number, and contact person. See Required Forms “Attachment

II”.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

4.3. Please list Local knowledge on Attachment III Data Sheet

4.4. Offerors shall complete and submit as attachments to their offer in Arizona Procurement Portal the following documents:

4.4.1. Offer and Contract Acceptance,

4.4.2. Designation of Confidential, Trade Secret & Proprietary Information

4.4.3. Boycott of Israel Disclosure

4.4.4. Forced Labor of Ethnic Uyghurs Ban

4.4.5. Sub-Contractors List

4.4.6. References,

4.4.7. Data Sheet

Any other documents or information required therein an, in this solicitation,

5. PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the time and place indicated in the solicitation’s ‘Pre-Bid

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

(https://app.az.gov). Attendance is not required but is strongly recommended. The purpose of the conference is to clarify the contents of the solicitation in order to prevent any misunderstanding of the

State of Arizona's position. Any doubt as to the requirements of the solicitation or any apparent omission or discrepancy should be presented to the State at the conference. The State of Arizona will then determine the appropriate action necessary, if any, and issue a written amendment to the solicitation if required. Oral statements or instructions shall not constitute an amendment to the solicitation.

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.

6. SUBCONTRACTOR'S LIST

Submit a complete list of all subcontractors and their license numbers and complete all information requested on the form found in “Required Forms” located in the located under “Exhibits” in the Arizona

Procurement Portal and attach to offer in Arizona Procurement Portal. Refer to the solicitation attachment Uniform Terms and General Conditions, Paragraph 5.2.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7. INSURANCE

7.1. Insurance Requirements

7.1.1. 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.

7.1.2. 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.

7.2. Minimum Scope and Limits of Insurance

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

7.2.1. 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.

7.2.2. 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

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

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.

7.2.3. 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).

7.3. Additional Insurance Requirements

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

7.3.1. 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).

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

7.4. 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).

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

7.5. 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-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

7.6. 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.

7.6.1. 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.

7.6.2. 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.

7.6.3. 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.

7.7. 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.

7.8. 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.

7.9. 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.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

8. DEFINITION OF KEY WORDS USED IN THE IFB

8.1 Will, Must, Shall: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

8.2 Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the State may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

8.3 May: Indicates something that is not mandatory but permissible.

SPECIAL TERMS AND CONDITIONS

Purchasing Office

Phoenix, Arizona 85086

SOLICITATION SPECIAL TERMS AND CONDITIONS, Updated 8/2016

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.

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.

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

Purchasing Office

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

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 offer 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.

Amendments will be issued solely through APP. It is the responsibility of the Bidder to download, read and acknowledge any and all amendments that appear in APP. Offers (quotes) received without acknowledgment of Amendments may be deemed as non-responsive.

Offers (quotes) received without acknowledgment of Amendments either 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.

Bids shall also include acknowledgment of receipt of solicitation amendments by uploading the signed amendment document found on the Required Documents under “Exhibits” in your solicitation response in

APP.

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.

Purchasing Office

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 EQUAL SPECIFICATION

The brand name or equal 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 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.

Purchasing Office

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 AZGFD 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, freight, 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

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.

Purchasing Office

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 AZGFD 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 AZGFD. 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 AZGFD 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. Specify the lead time for each item on the Items tab in the Arizona Procurement Portal.

The Contractor shall be responsible for delivery of all equipment in a complete and ready-for-use condition with all components functioning, cleaned, tested, lubricated, and serviced. Equipment shall be delivered to the AGFD free of decals or emblems identifying or advertising the Contractor. The standard identification of a manufacturer is acceptable. The Contractor shall be responsible for ensuring the delivery performance of subcontractors.

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

The Department will not accept deliveries on State holidays unless prior arrangements have been made and agreed to by both parties. Deliveries shall be to the AGFD Warehouse, 5000 W. Carefree Highway, Phoenix, AZ 85086 unless otherwise agreed upon in writing prior to the delivery and listed on the Purchase Order.

Purchasing Office

25. ACCEPTANCE

Each delivered item shall be subject to a complete inspection by AZGFD prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Thirty calendar days shall be allowed for this process. If delivered equipment is returned to the Contractor prior to acceptance for any reason, additional periods of thirty calendar days shall be allowed for inspection when subsequent deliveries occur.

26. INDEMNIFICATION AND INSURANCE

Indemnification and Insurance requirements will be required as per the Scope of Work/Specifications and the Uniform Terms and Conditions, Risk and Liability.

27. POST AWARD CONFERENCE

After award of this solicitation, the Contractor(s) may be required to participate in a post award conference.

28. CONTRACT TERM

The term of any resultant contract shall commence on the date of award and shall continue for one year unless canceled, terminated or extended as otherwise provided herein.

29. CONTRACT EXTENSION

The AGFD reserves the right to unilaterally extend the period of any resultant contract for thirty-one (31) days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in 12-month increments.

30. PRICE ADJUSTMENT

30.1. Original Price: The original price shall remain the same for the contract term. AGFD may review a fully documented request for a price increase only on the anniversary or renewal date of the contract, after the contract has been in effect for one year. Increases requested shall 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/service contractually covered.

30.2. The request shall be submitted from 90 to 120 days prior to the anniversary or renewal date of the contract and shall be a factor in the extension review process.

30.3. Failure to submit the request within the stated timeframe and/or failure to supply adequate information with the request may result in the AGFD not considering the request.

30.4. AGFD, at its sole option, shall determine whether the requested price adjustment or an alternative option is in the best interest of the State. Approval shall be in the form of a contract amendment, and shall become effective on the date specified in the amendment. Upon approval by AGFD, the

Contractor shall make available all electronic and hard copy catalog/price list updates at no additional cost.

Purchasing Office

30.5. The price adjustment, if approved, will become effective upon the effective date of the contract amendment.

31. PRICE REDUCTION

31.1. A formal announcement from the manufacturer that the cost of the contract product has been reduced.

31.2. Documentation (i.e. published cost lists) from the manufacturer showing, to the satisfaction of AGFD, the actual cost reduction.

31.3. Documentation showing that the published cost reductions have been offered to other distributors.

32. CONTRACT INQUIRY

Following award, the Contractor(s) shall contact the AGFD Purchasing Office assigned buyer for guidance or direction in contract interpretation or questions regarding the terms, conditions or scope of the contract.

Questions regarding this scope of contract may be directed to the contract administrator.

33. CONTRACT ADMENDMENTS

The AGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AGFD. The Contractor (s) will be notified prior to any changes in the contract. This Contract is issued under the authority of the Procurement Officer who signed this Contract. Changes will be completed in accordance to the Uniform Terms and Conditions, Contract Changes.

This section includes: procedures and documents for Contract price adjustments for Scope of Work changes.

34. DISPUTES:

The AZGFD and the Contractor shall discuss and attempt to resolve any disputes. Resolution will be pursued per the Uniform Terms and Conditions, Arbitration.

35. LICENSES

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. The Contractor shall be responsible for ensuring the current license and permit status of subcontractors, if any. Failure of the Contractor to obtain or maintain approved federal, state and local licenses and permits required for the operation of the business and performance of this IFB may be considered a failure to perform to expectations.

The Contractor shall provide their contractors license number and the type of license in the space provided on the Data Sheet found in the “Required Forms” located under “Exhibits” in APP. If subcontracting, the

Offeror shall provide the license numbers for subcontractors on the provided form found in “Required

Forms” located under “Exhibits” of APP. All licenses MUST be maintained for the duration of the contract.

THE AGFD WILL VERIFY LICENSE NUMBERS AND STATUS OF LICENSES WITH THE

ARIZONA REGISTRAR OF CONTRACTOR’S.

Purchasing Office

36. COMPLIANCE WITH FEDERAL LAWS

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

The offeror is in compliance with all federal laws, regulations, permits and licenses and shall maintain in current status all federal licenses and permits required for the operation of the business conducted by the

Contractor. The Contractor shall be responsible for ensuring compliance with federal laws, regulations, current license and permit status of subcontractors, if any.

37. BABA CLAUSE:

Buy America Provision: Required Use of American Iron, Steel, Manufactured Products, and Construction

Materials for Infrastructure.

As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after

May 14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program. None of the funds provided under this award may be used for a project for infrastructure unless:

37.1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United

States,

37.2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than

55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

37.3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

The requirements of this section may not apply if a general applicability waiver is in effect. The

Subrecipient may not request any other waiver specific to this project without the express written authorization from the Department. The Department may within its sole discretion withhold authorization.

Purchasing Office

38. CIVIL RIGHTS ASSURANCE STATEMENT

The Contractor and Subcontractors are subject to Title VI of the Civil Rights Act of 1964, Section 504 of

Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination

Act of 1975, Title IX of the Education Amendment of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away from or otherwise denied access to or benefit from any program or activity that is directly associated with a program of the recipient on the basis of race, color, national origin, age, sex (in educational activities) or disability.

NOTE: An Assurance Statement shall be required to be signed by an individual, private organization, or institution receiving U.S. Fish and Wildlife Service assistance under the following circumstances:

A. If the premises are at any time opened to the public.

B. If Hunter or Aquatic Resource Education, or any other information/education program sponsored by AGFD, is held on private property.

39. CIVIL RIGHTS NOTIFICATION

The Arizona Game and Fish Department receives Federal assistance from the U.S. Fish and Wildlife

Service, and thus prohibits discrimination on the basis of race, color, religion, national origin, disability, age and sex pursuant to Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of

1972, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973 and Title II of the

Americans with Disabilities Act of 1990. To request an accommodation or informational material in an alternative format or to file a discrimination complaint please contact the Deputy Director’s Office at (623)

236-7276 or by mail at 5000 West Carefree Highway, Phoenix, AZ 85086. Discrimination complaints can also be filed with the U.S. Fish and Wildlife Service, Office of Diversity and Inclusive Workforce

Management, Public Civil Rights Accessibility and Disability Coordinator, 5275 Leesburg Pike, Falls

Church, VA 22041. Phone: (703) 358-1724.

40. INCLUSIVE OFFERORS

Offeror(s) are encouraged to make every effort to utilize subcontractors that are small, women-owned and/or minority owned business enterprises. Offerors who are committing a portion of their work to such subcontractors shall do so by identifying the type of service and work to be performed by providing details concerning your organization's utilization of small, women-owned and/or minority business enterprises.

Emphasis should be placed on specific areas that are subcontracted and percentage of contract utilization and how this effort will be administered and managed, including reporting requirements.

41. FEDERAL WHISTLEBLOWER CLAUSE

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

41.1. This Contract Award Recipient and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Award Recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for

Fiscal Year 2013 (Pub.L.112~239).

Purchasing Office

41.2. The Contract Award Recipient shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712.

41.3. The Contract Award Recipient shall insert the substance of this clause, including this paragraph (c), in all sub-awards or subcontracts over the simplified acquisition threshold [$150,000], 42 CFR § 52.203-17

(as referenced in 42 CFR § 3.908-9).

42. DAVIS BACON FEDERAL REQUIREMENTS

If the Specifications indicate this procurement is using Federal funding the following clause is applicable:

Projects associated with the contracts resulting in this solicitation may be funded in part or in whole with

Federal funds entrusted to the AGFD. All contractors and sub-contractors must pay workers the prevailing wages and fringe benefits as determined by the federal government. This provision must be included in all construction contracts and sub-contracts. Projects including Federal funds are subject to all appropriate

Federal requirements under Federal laws such as but not limited to the following: the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-7) and as supplemented by Department of Labor regulations (29 CFR, Part

5) which requires fair wages to be paid to construction workers on any project that is funded in whole or in part with federal dollars; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40

U.S.C. 327-333), as supplemented by the Department of Labor regulations (29CFR, Part 5) which requires affirmative nondiscrimination against workers and applicants for work on construction projects funded in whole or in part with federal monies; Title VI of the Civil Rights Act of 1964 (PL88-352) and regulations issued pursuant thereto (24 CFR Part 1) on nondiscrimination in Federally assisted programs, the Copeland

“Anti-Kick Back” Act (18 U.S.C. 874) which protects workers’ wages on projects funded in whole or in part by federal funds as well as the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603, 100

Stat. 3359 requirements. For more information visit the following link: http://www.wdol.gov/dba.aspx .

43. PANDEMIC CONTRACTUAL PERFORMANCE

43.1. 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 at any time prior or post award of a contract. At a minimum, the pandemic performance plan shall include:

a) Key succession and performance planning if there is a sudden significant decrease in contractor's workforce.

b) Alternative methods to ensure there are products in the supply chain.

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

43.2. In the event of a pandemic, as declared by 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:

a) 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.

b) The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the director as per § 41-2537 of the Arizona Procurement Code.

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

http://www.wdol.gov/dba.aspx

Purchasing Office

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 72 hours of the request.

44. ORGANIZATION-EMPLOYMENT DISCLAIMER

The agreement is not intended to constitute, create, give to, or otherwise recognize a joint venture agreement or relationship, partnership or formal business organization of any kind, and the rights and obligations of the parties shall be only those expressly set forth in the agreement.

The parties agree that no persons supplied by the Contractor in the performance of the Contractor's obligations under the agreement are considered to be State employees, and that no rights of State civil service, retirement or personnel rules accrue to such persons. The Contractor shall have total responsibility for all salaries, wages, bonuses, retirement, withholdings, worker's compensation, occupational disease compensation, unemployment compensation, other employee benefits and all taxes and premiums appurtenant thereto concerning such persons, and shall save and hold the State harmless with respect thereto.

45. FUTURE WORK or SEPARATE CONTRACTS

The work under this contract is only one portion of the overall project. Other portions of the Project may be constructed by other Contractors under separate contracts or the AGFD’s own forces.

46. LOCATING UTILITIES

The contractor shall be responsible for verifying the existence and location of any utilities that may impact the work. The AGFD does not guarantee any locations referenced. Contractor to determine location of utilities at no additional cost to the AGFD. Contractor shall contact Blue Stake. Contractor shall locate all

AGFD underground infrastructures with a locating professional.

47. CORRECTION OF WORK

47.1. The Contractor shall correct work rejected by the AGFD or failing to conform to the requirements of the Contract, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor will be responsible for all costs associated with the correction of rejected work, including any required additional testing and inspections, the cost of uncovering and replacement, and compensation for the AGFD’s services and expenses due to the correction of work. The Contractor will also be responsible for all of the cost of correcting destroyed or damaged construction, whether completed or partially completed, by the Contractor, the AGFD or separate contractors caused by the Contractor’s correction or removal of work that is not in accordance with the requirements of the Contract.

48. ARCHAEOLOGICAL FEATURES

48.1. The attention of the Contractor is directed to A.R.S. 41-844 (Archeological Clearances) Duty to report discoveries; disposition of discoveries; definitions), which makes it a punishable offense, to investigate, explore or excavate, in either federal or state land, in or on prehistoric ruins, ancient burial grounds, fossilized footprints, hieroglyphics and other archaeological features of Arizona without permits from Arizona State Museum.

48.2. In view of the above, it is a provision of the Contract that when archaeological features are turned up, encountered or unearthed in the excavation of the work, the contractor shall immediately stop work and notify Arizona game and Fish Department Project Manager and the Arizona State Museum, by phone and written notice.

Purchasing Office

48.3. The Contractor shall give the Owner, in writing, a schedule of dates as to demolition, excavation and trenching. During these operations the Owner may elect to have a field representative on site to observe and investigate the sub-soil conditions and obtain samples of artifacts as necessary.

49. HOTWORKS

49.1. Authority: United States Department of Labor, Occupational Safety and Health Administration (OSHA)

General Industry Standards 29 C.F.R. 1910.252, General requirements - welding, cutting and brazing, 29 C.F.R. 1910.253 Oxygen-fuel gas welding and cutting, 29 C.F.R. 1910.254 Arc welding and cutting;

and 29 C.F.R. 1296.352, Fire prevention.

49.2. Definitions:

1. Competent Hot Work Supervisor (CHWS). The CHWS can be any properly trained AZGFD employee who is authorized by the work unit Program Manager to function as the CHWS for a specific project.