CTR076251-_contract_documents_04-01-25.pdf

OFFER AND ACCEPTANCE

BPM006707

Arizona Game and Fish

Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

BPM006707

Required Forms Updated 5-17-2024 Page 3 of 9

OFFER

TO THE STATE OF ARIZONA:

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

Company Name Authorized Signature

Email Print Name and Title

Phone Date

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

1. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

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

3. The Offeror certifies compliance with A.R.S.§41-3532 when offering electronics or information technology products, services or maintenance.

The Offeror is not debarred from, or otherwise prohibited from participating in any contract awarded by any federal, state or local government

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No _______________________________________________.

The effective date of the Contract is ____________________________________________________.

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

STATE OF ARIZONA

AWARDED THIS ___________ day of ________________________________20________.

Kristen Micurescu, CPPB, as Branch Chief and not personally

Earth Resources Corporation

Wyatt Orr, Presidentwyatt@ercarizona.com

928-713-0215 3-24-25 acting for:

CTR076251

04/14/2025

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 www.azgfd.gov

INVITATION FOR BID

SOLICITATION NO: BPM006707

BID DUE DATE: 03/05/2025 by 3:00 P.M. Arizona Time

LOCATION:

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix AZ 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 (AZGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal (APP): 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 SOLICITATION.

Branch: Game and Fish Department

Material and / or Service: Aggregate Materials

Contract Type: Fixed Price

Contract Term: One Year Extendable up to five (5) years

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

Procurement contact:

Zac Thayer

Procurement Specialist zthayer@azgfd.gov

TABLE OF CONTENTS

Arizona Game and Fish

Department

Purchasing Office

Phoenix, Arizona 85086

1. INTRODUCTION 3

2. PURPOSE 3

3. DELIVERY 3

4. PRICING 3

5. SPECIFICATIONS 4

6. INDEMNIFICATION AND INSURANCE 7

7. FORMAL SOLICITATION SPECIAL TERMS AND CONDITIONS 12

8. UNIFORM TERMS AND CONDITIONS 23

Additional documents located in the “Attachments” tab of the Arizona Procurement Portal (APP) are incorporated herein by reference.

SPECIFICATIONS

SOLICITATION NO.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

1. INTRODUCTION:

The Arizona Game and Fish Department (AZGFD) Mission Statement is:

Mission: To conserve Arizona’s diverse wildlife resources and manage for safe, compatible outdoor recreation opportunities for current and future generations.

2. PURPOSE:

The purpose of this Invitation for Bid (IFB) is to obtain aggregate materials for delivery or pick up for the Arizona Game and Fish Department (AZGFD) in accordance with the IFB.

AZGFD expects that this solicitation may be awarded to multiple suppliers.

It is not necessary for suppliers to respond for each aggregate type listed in section 5.3. below. Any supplier who submits an offer for the aggregate types which they are able to provide will be considered for award.

3. DELIVERY:

3.1. Specific delivery locations will be identified on individual purchase orders (PO). Some delivery locations may be to AZGFD regional offices, wildlife areas, rural areas, or work sites sometimes accessible only via unimproved roads Detailed delivery instructions may be communicated separately and reference the PO#.

3.2. The minimum order for aggregate materials is anticipated to be one truck load as identified by the PO.

4. PRICING:

4.1. Aggregate pricing will be per ton. Aggregate prices are to include all environmental or other fees. No other charges will be allowed. Pricing is to be listed in the “BPM006707- pricing spreadsheet” and submitted as part of the offer. The pricing spreadsheet is located in Arizona

Procurement Portal for this solicitation.

4.1.1. Contractors are not required to submit a price for each type of aggregate listed in the pricing spreadsheet, however, pricing for at least one (1) aggregate type must be submitted in order to be considered for award. Failure to include pricing for at least one aggregate type may result in an offer not being considered for award.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

4.1.2. Aggregate pricing will include delivery within 50 miles of the supplying plant. A per mile price on improved roads and a per hour price on unimproved roads will be requested for deliveries which are further than 50 miles from the suppling plant.

Failure to include pricing for the delivery charge per mile over 50 miles, and delivery charge per hour on unimproved roads may result in an offer not being considered for award.

5. SPECIFICATIONS:

5.1. AZGFD uses aggregate materials on nearly all non-paved lots, roads, tracks, and trails managed by AZGFD throughout the State for dust control and to stabilize the ground for vehicle traffic, foot traffic, and parking.

5.2. The AZGFD has estimated annual use of these materials may range between 350 tons to 1800 tons. The total tonnage required may be partly dependent upon mitigating factors such as weather conditions, construction and enhancement projects, and budgetary constraints.

5.3. The AZGFD Ben Avery Shooting Facility has an ongoing requirement for 1/4” minus DG in

Madison Gold.

5.4. Typical aggregate material types which AZGFD uses include but is not limited to:

5.4.1. 3/4" Basalt Chips

5.4.2. Aggregate Base Material Class 1

5.4.3. Aggregate Base Material Class 2

5.4.4. Bentonite Clay

5.4.5. Class 6 Aggregate Base Course (ABC)

5.4.6. Mineral Aggregate Specification #1

5.4.7. Mineral Aggregate Specification #2

5.4.8. Reclaimed Concrete Material (Crushed Concrete)

5.4.9. Reclaimed/Recycled Asphalt Pavement (RAP)

5.4.10. Rip Rap-Type A (4 in to 8 in)

BPM006707

Arizona Game and Fish

Department

Purchasing Office

5.4.11. Rip Rap-Type B (1 ft. to 2 ft.)

5.4.11.1. Rip rap shall be angular in shape, unless otherwise specified. Rock shall have a least dimension not less than one-third of its greatest dimension and a gradation in reasonable conformity with the specified requirements.

5.4.11.2. The approval of some rock fragments from a particular quarry site shall not be construed as constituting the approval of all rock fragments taken from that quarry.

5.4.12. Washed Concrete Sand

5.4.13. Washed Mortar Sand

5.4.14. Concrete:

5.4.14.1. AZGFD uses mostly Class P, 2500-5000+ PSI.

5.4.14.2. AZGFD occasionally uses Fiber-Reinforced Concretes

5.4.14.3. Other types of concretes sometimes utilized by the AZGFD include masonry cements, colored cements and engineered cements.

5.4.15. Washed Gravel and other washed round aggregate

5.4.16. ¼” Minus Madison Gold decomposed granite

5.4.17. Topsoil Blend

5.4.18. 1"-1.5" screened and fractured rock 100% retained on the 1" screen

5.4.19. Rip Rap 36"-48"

5.4.20. 1/4" Minus basalt chips

5.4.21. Basalt crusher fines ¼ minus

5.5. AZGFD may have the need for additional types of aggregate not specifically listed above.

AZGFD will require a quote in advance of purchase for any aggregate types not specifically listed in the solicitation.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

5.6. AZGFD reserves the right to test the materials for color and gradation prior to and after award of contract.

5.7. Acceptance samples may be taken by AZGFD personnel from the delivery site, prior to acceptance.

5.8. Weight Shortage Penalty:

The State may inspect truck weights. If actual weight is less than the contractor’s weight ticket, the State may reduce the value of the load by the percentage difference between weights or by

20%, whichever is greater.

Example: If the difference between the contractor’s weight ticket and the actual truck weight is

10%, then the value of the truckload would be reduced by 20%. Recurring weight violations may result in contract termination.

5.9. Environmental Quality:

Contractor is required to comply with all applicable standards, orders or requirements issued under Section 206 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act

(22 U.S.C. 1268), Executive Order 11728 and Environmental Protection Agency regulations (40

CFR Part 15) or most current. Violations shall be reported to Arizona Department of

Environmental Quality and U.S.E.P.A. Assistant Administrator Enforcement (EN-229). Any fines, penalties, etc., regarding Environmental violations will be the sole responsibility of the

Contractor.

6. 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.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

7. INDEMNIFICATION AND INSURANCE:

https://staterisk.az.gov/insurance/insurance-modules Commodity Purchase Contracts Section 23, pg. 114

7.1. Indemnification Clause:

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the

State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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

7.2. Insurance Requirements:

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

7.2.2. The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this

Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

7.3. Minimum Scope and Limits of Insurance:

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

7.3.1. Commercial General Liability (CGL) – Occurrence Form:

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

7.3.1.1. General Aggregate $2,000,000

7.3.1.2. Products – Completed Operations Aggregate $1,000,000

7.3.1.3. Personal and Advertising Injury $1,000,000

7.3.1.4. Damage to Rented Premises $50,000

7.3.1.5. Each Occurrence $1,000,000

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.

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.

7.3.2. Business Automobile Liability:

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

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

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.

BPM006707

Arizona Game and Fish

Department

Purchasing Office

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.

7.3.4. Workers’ Compensation and Employers’ Liability:

7.3.4.1. Workers' Compensation Statutory

7.3.5. Employers' Liability:

7.3.5.1. Each Accident $1,000,000

7.3.5.2. Disease – Each Employee $1,000,000

7.3.5.3. Disease – Policy Limit $1,000,000

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.

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).

7.4. Additional Insurance Requirements:

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

7.4.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the

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

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

BPM006707

Arizona Game and Fish

Department

Purchasing Office

7.5. Notice of Cancellation:

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of

Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of

Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the

Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State

Representative’s Name, Address & Fax Number).

7.6. Acceptability of Insurers:

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

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

7.7. Verification of Coverage:

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

7.7.1. All such certificates of insurance and policy endorsements must be received by the

State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

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

7.7.3. All certificates required by this Contract shall be sent directly to the Department. The

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

BPM006707

Arizona Game and Fish

Department

Purchasing Office

7.8. Subcontractors:

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or

Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance

Requirements identified above. The Department reserves the right to require, at any time throughout the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.

7.9. Approval and Modifications:

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

7.10. Exceptions:

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

Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the

Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

FORMAL SOLICITATION

SPECIAL TERMS AND CONDITIONS

Arizona Game and Fish Department

Purchasing Office

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 AZGFD 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:

Enter $1.00 in the “Unit Price” field in the “Items” tab of your bid in APP by selecting the “Items” tab on the left side-panel in your bid in APP. Actual unit of measure and unit pricing is requested in the “BPM007607- pricing” spreadsheet attachment which should be completed and returned as a part of your offer. Failure to do this may result in non-award of your offer.

4. ALTERNATE BID:

If the bidder submits an alternate bid for an Invitation for Bid (IFB), each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included.

Offerors may submit multiple options in a single document when responding to a Request For Proposal

(RFP).

mailto:app@azdoa.gov

Arizona Game and Fish Department

Purchasing Office

5. BID SOLICITATION AMENDMENT ACKNOWLEDGEMENT:

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

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

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

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

Arizona Game and Fish Department

Purchasing Office

6. 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.

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 AZGFD 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 AZGFD.

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 AZGFD reserves the right to add future locations as circumstances may require without penalty to fulfill the needs of the Department.

Arizona Game and Fish Department

Purchasing Office

14. NEW EQUIPMENT:

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

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

15. BRAND NAME OR EQUIVALENT SPECIFICATION:

The brand name or equivalent specification used in this solicitation is for the purpose of describing the standards of quality, performance, and characteristics desired, and are not intended to limit or restrict competition. Any offer which proposes equal quality, design, or performance will be considered if the product offered is identified in the bid, including sufficient technical information, and is determined by the State to be an equal in all material respects to the brand name product referenced in the solicitation.

16. DESCRIPTIVE LITERATURE:

AZGFD 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 in the 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.

Arizona Game and Fish Department

Purchasing Office

19. REFERENCES:

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

20. PRICING:

If the solicitation requests pricing, the total purchase price shall include product, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal.

If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested. Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer

Preparation, Identification of Taxes in Offer.

21. TAXES:

The AZGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as requested. When applicable, the tax rate and amount shall be identified in your offer in Arizona Procurement Portal. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

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

Terms and Conditions, Costs and Payments, Payments.

22. INVOICING:

The 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.

Arizona Game and Fish Department

Purchasing Office

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 AZGFD. 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 AZGFD, 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 AZGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

24. DELIVERY:

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

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

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

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

“Indemnification and Insurance” paragraphs and the Uniform Terms and Conditions, Risk and Liability included herein.

27. POST AWARD CONFERENCE:

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

Arizona Game and Fish Department

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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 AZGFD 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. AZGFD 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 AZGFD not considering the request.

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

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

AZGFD, the actual cost reduction.

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

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32. CONTRACT INQUIRY:

Following award, the Contractor(s) shall contact the AZGFD 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 AMENDMENTS:

The AZGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AZGFD. 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.

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 RFP may be considered a failure to perform to expectations.

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. 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.

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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:

37.1. If the premises are at any time opened to the public;

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

38. 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.

39. 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.

40. FEDERAL WHISTLEBLOWER CLAUSE:

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

40.1. 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).

40.2. 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.

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40.3. 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).

41. 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 AZGFD. 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 .

42. PANDEMIC CONTRACTUAL PERFORMANCE:

42.1. 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:

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

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

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

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

Arizona Game and Fish Department

Purchasing Office

42.2. 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:

42.2.1. 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;

42.2.2. 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;

42.3. 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);

42.4. 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.

UNIFORM TERMS AND CONDITIONS

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Purchasing Office

Uniform Terms and Conditions

Version 10.5

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

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model

(LLM) AI.

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

Offer.

1.3. “Contract” means the combination of the Solicitation, including the 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.

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

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

1.6. “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.

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

1.8. “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.

1.9. “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.

1.10. “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.

1.11. “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.

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Purchasing Office

1.12. “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.

1.13. “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.

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

1.15. “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.

1.16. “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

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Purchasing Office

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…