Contract No. 32600054 Dave Bang Associates, Inc- Playgrounds, splash pads, fitness and related equip..pdf
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COOPERATIVE CONTRACT PURCHASE ADDENDUM (CCPA) BETWEEN THE CITY OF BUCKEYE AND DAVE BANG ASSOCIATES, INC. Playgrounds, Splash Pads, Outdoor Fitness, and Related Equipment CONTRACT NO. 32600054 THIS COOPERATIVE CONTRACT PURCHASE ADDENDUM (this “Addendum’’) is entered into as of between the City of Buckeye, an Arizona municipal corporation (the “City”), and Dave Bang Associates, Inc. an Arizona corporation (the “Contractor’). WHEREAS, after a competitive procurement process, which is documented in the Award attached hereto as part of Exhibit A, Mohave Cooperative and Contractor entered into Contract No. 24K-BANG-0222, dated February 22, 2025 (such contract and subsequent amendments thereto herein referred to as the “Mohave Cooperative Contract”), which is attached hereto as Exhibit A and incorporated herein by reference); and WHEREAS, the City is permitted by Section 24-3-16 of the City Procurement Code to make purchases via cooperative purchasing pursuant to a cooperative purchasing contract; and WHEREAS, the Mohave Cooperative Contract contains a schedule of prices and service terms, which is attached hereto as Exhibit B and incorporated herein by reference (the “Fee Schedule”); and WHEREAS, the City desires to enter into a contract with the Contractor under the terms and conditions of Mohave Cooperative Contract, by issuing this Addendum to said contract. THEREFORE, the City now enters into this Addendum with the Contractor for the goods and services set forth in Exhibit B. This Addendum incorporates the terms and conditions of the Mohave Cooperative Contract, except to the extent superseded herein. All references in the Mohave Cooperative Contract to Mohave shall be read to refer to the City of Buckeye. This Addendum shall be effective as of the date set forth above for approval and remain in effect for the remainder of the Mohave Cooperative Contract’s term unless such term is modified or extended pursuant to the terms of the Mohave Cooperative Contract. Payments to the Contractor shall be calculated in accordance with Exhibit B, in a total amount not to exceed $500,000.00. FURTHER, this Addendum is subject to cancellation pursuant to ARS §38-511. FURTHER, to the extent applicable, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under A.R.S. § 23-214(A). The Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this PLAYGROUNDS, SPLASH PADS, OUTDOOR FITNESS, AND RELATED EQUIPMENT Contract No. 32600054 (REV. 6.10.2025) Addendum and may result in the termination of this Addendum by the City. The City retains the right to inspect the papers of the Contractor’s or its subcontractors’ employees who perform any work or services pursuant to this Addendum to ensure compliance with these warranties. FURTHER, to the extent applicable, the Contractor warrants that it is not participating and will not participate in prohibited activity in contravention of A.R.S. § 35-393.01. FURTHER, to the extent applicable under ARIZ. REV. STAT. § 35-394, Contractor certifies that it does not currently, and agrees for the duration of this Agreement that it will not use (i) the forced labor of ethnic Uyghurs in the Peoples Republic of China (“ethnic Uyghurs”), (ii) any goods or services produced by the forced labor of ethnic Uyghurs, or (iii) any Contractors, subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs. If Contractor becomes aware that it is not in compliance with this paragraph, Contractor shall notify the City of the noncompliance within five (5) business days of becoming aware of it. If Contractor fails to provide a written certification that Contractor has remedied the noncompliance within one hundred eighty (180) days after that, this Agreement shall terminate unless the termination date of this Agreement occurs before the end of the remedy period, in which case this Agreement terminates on the Agreement termination date. FURTHER, the Parties agree that the Addendum and Exhibits thereto shall be governed by State of Arizona law and suits pertaining to the Addendum and Exhibits thereto may only be brought in courts located in Maricopa County, Arizona. FURTHER, all modifications, including but not limited to service additions and deletions, will be made in writing and with the written agreement of both parties. FURTHER, in the event of any inconsistency between this Addendum, the Mohave Cooperative Contract, and Exhibit B, the documents shall govern in that order. FURTHER, in the event the Contractor’s terms of sale or service were provided to the City only upon “acceptance” of a “clickwrap” or “clickthrough” agreement, such terms of sale or service shall not be binding upon the City. No oral agreement, “clickwrap” or “clickthrough” agreement or other understanding shall in any way modify a City issued or approved contract or the terms of this Cooperative Contract Purchase Addendum (CCPA). THEREFORE, the Parties have executed this Addendum as of the date first set forth above. CITY CONTRACTOR THE CITY OF BUCKEYE, DAVE BANG ASSOCIATES, INC. an Arizona Municipal corporation an Arizona corporation By: S Doug Sandstrom City Manager President & CEO Its: PLAYGROUNDS, SPLASH PADS, OUTDOOR FITNESS, AND RELATED EQUIPMENT Contract No. 32600054 (REV. 6.10.2025) ATTEST: Lucinda Aja, City Clerk Ww) Llam Kauppoe William Kauppi, Chief Financial Officer APPROVED AS TO FORM: K. Scott McCoy, City Attorney PLAYGROUNDS, SPLASH PADS, OUTDOOR FITNESS, AND RELATED EQUIPMENT Contract No. 32600054 (REV. 6.10.2025) EXHIBIT A TO COOPERATIVE CONTRACT PURCHASE ADDENDUM CONTRACT NO. 32600054 Mohave Cooperative Contract See following pages. PLAYGROUNDS, SPLASH PADS, OUTDOOR FITNESS, AND RELATED EQUIPMENT Contract No. 32600054 Dave Bang Associates, Inc Response to IFB 24K-1114 y L 24K-BANG-0222 Table of Contents MOHAVE COOPERATIVE Tab 1A - Signed Offer & Acceptance Form and Confidential/Proprietary Submittal ooo. cccecssesseeseeseeees 2 (See document 4. 24KBANG0222 Award Documentation for Offer & Acceptance Form.) Tab 1B - Amendments ooo. sccccecccececsecsessessessessessessseeeseeeseseseeseiseieseeseeseeseeseeseesseteeseeteesseseeseesenseeseeseess 3 Tab 1C - General Terms & Conditions and Standard Terms & Conditions for Construction ooo. .cceceseeeeeee 7 Tab 1D - Special Terms & Conditions ooo... ccccccccscscsssesesssesesesesescsesesescsesesesesessissesssssessisssssscsssesseesesesese 31 Tab 1E - Scope of Work/Services and Specifications ooo. ee .cieecccsesessececeseevececesceseceevececeetevsceseeteceseeeseeses 40 Tab 1F - Bid Bond/Alternate Bid Security and Bonding Capacity oo....c.ccccccccccscssescsscsceseeecsecseeecaeesecasacanees 53 Tab 1G - Anti-Lobbying Certificate ooooooo.ciccccecceccscescescescssessesssscssscesssececeacescaesseussscascatsassscatesseassaeaseneees 59 Tab 1H - U.S. Department of Agriculture Form AD-1048 ooo cccccccscescsceseresvsceseesevevesvevevevessevvereeseseres 60 Tab 11- EDGAR Certification oie eeeeseeseesnesnesssesesseesassesseesacsenseneensensensensensensensensenseessnsententens 62 Tab 2A - Method of Approach ooo.i..ciccccccccecsssssssssesssssesesssesssssssesssssssssssesssesesesesesesssesessseseisueueseseeneeeeeeees 66 Tab 2B - Qualifications and Experience ooo... cccccccccscscssssssesssesesssssevevesesevesavssssasssesasasecasasecetesetesesetsteseneeees 76 Tab 2C - Certificate of Insurance 105 (See document 5. 24KBANG0222 Extensions and Amendments for renewals.) Tab 2D - Financial Information .......... All financial information is kept confidiential and has been removed. Tab 2E - Certified Playground Safety Inspector (CPSI) Certifications ooo cicececeeesceseceecsseeseeeeeseeeensens 111 Tab 2F - Manufacturer Authorization/Dealer Letters 114 Tab 2G - Joint Venture Agreement Not applicable for this vendor. Tab 3A - Price Proposals See document 6. 24KBANG0222 Pricing Summary. Tab 4A - Supporting Contract Documents, Suppport and Maintenance Information 1... ccceceesseseesereers 151 Tab 4B - Sample Supplemental or End-User Agreements ....csssssssssusstnsissssetnetnetivetienieninssnsiesie 154 Tab 5 - Additional Information Please call Mohave for information. Click section title to be taken directly to that section. 4/5/18 EH 211 N 7th St, Kingman, AZ 86401 — Phone: (928) 753-6945 — Fax: (928) 718-3232 _ mesc.org SIGN > HERE Confidential/Proprietary Submittal Form (Place after Tab 1a) CONFIDENTIAL/ PROPRIETARY SUBMITTALS Any documentation marked as confidential or proprietary must be identified below. Any confidential or proprietary information NOT identified as instructed shall be deemed as non-confidential or non-proprietary. e Pricing shall not be considered as confidential information. e Financial information after Tab 2d shall be considered as confidential information. e Your entire bid and any publicly known information or available shall not be considered as confidential/proprietary information. Confidential/Proprietary Submittals (mark one): x No confidential/proprietary materials have been included with this bid. Confidential/proprietary materials have been included with this bid. Bidder shall identify below any portion of their bid deemed confidential or proprietary (see General Terms and Conditions 6. Confidential Information). Note that any documentation marked as confidential or proprietary must be identified below. Any confidential or proprietary information NOT identified as instructed shall be deemed as non- confidential or non-proprietary. The confidential/proprietary information identified below does not guarantee that disclosure will be prevented but that the item(s) will be subject to review by the bidder and Mohave prior to any public disclosure. Dave Bang Associates, Inc. Firm “= nature IFB 24K-1114 3 | MOHAVE COOPERATIVE Amendment 1 Invitation for Bid 24K-1114 Playgrounds, Splash Pads, Outdoor Fitness, and Related Equipment Amendment 1 is hereby made part of the solicitation documents and shall be included in all submitted formal sealed bids. Bidders shall formally acknowledge receipt of Amendment 1 by including this page, signing, and dating the following: Amendment 1 is acknowledged by your signature: —\ PN Printed Name and Title: John Wormell_ President + CEO Name of Firm: Dave Bang Associates, Inc. Date: _November 13, 2024 Place a signed copy of Amendment 1 after Tab 1b in your formal bid. Note: The published due date and time of November 14, 24 at 3:00 p.m. (local Arizona time) remains unchanged. SCOPE OF WorK REVISIONS: (revisions are noted in yellow highlights): Arizona Registrar of Contractors License clarification: “Specification 1.1.02 requires an awarded vendor to have and maintain a current Arizona Registrar of Contractors license in order to utilize subcontractors with a similar license. This information was confirmed with the Licensing Department of the Arizona Registrar of Contractors. Bidders shall provide evidence that they have a current license for one of the following classifications: A, B-1, B-2, KB-1, KB-2, CR-5 (playground equipment only), C-21 (used for splash pads) or C-37 (for major plumbing associated with splash pads)”. SPECIFICATIONS REVISIONS: Specifications 1.1.02 and 1.1.03 are revised as follows (revisions are noted in yellow highlights): Specifications Comply | Exception/ Deviate* 1.1 General Specifications 1.1.02 Contract vendor shall have and maintain, through the life of an awarded contract, one or more of the following Arizona contractors licenses from the Arizona Registrar of Contractors: A, B-1, B-2, KB- 1, KB-2 CR-5 (playground equipment only), C-21 (used for x splash pads) or C-37 (major plumbing associated with splash pads. Provide copy(ies) of Arizona Registrar of Contractors license(s) after Tab 2b (See Primary Vendor Information — Qualifications and Experience, Question 6. 1.1.03 Bidders that are in the license application process shall provide evidence on application. An awarded contract will be contingent on a successful award of a A, B-1, B-2, KB-1, KB-2, CR-5 (playground equipment only) license(s), C-21, or C-37._ Provide a copy of the Arizona Registrar of Contractors application receipt with pending number after Tab 2b (See Primary Vendor Information — Qualifications and Experience, Question 6). 211 N 7th St, Kingman AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 _mesc.org MSC 8/23/23 All questions regarding Invitation for Bid 24K-1114 should be directed to: Michael R. Nentwig, CPPB, Contract Specialist Email: contracts@mesc.org Telephone: (928) 718-3204 Lari Staples, CPPO Executive Director Mohave Educational Services Cooperative, Inc. Published Date: October 24, 2024 211 N 7th St, Kingman AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 _mesc.org | MOHAVE COOPERATIVE Amendment 1 Invitation for Bid 24K-1114 Playgrounds, Splash Pads, Outdoor Fitness, and Related Equipment Amendment 1 is hereby made part of the solicitation documents and shall be included in all submitted formal sealed bids. Bidders shall formally acknowledge receipt of Amendment 1 by including this page, signing, and dating the following: Amendment 1 is acknowledged by your signature: —\ PN Printed Name and Title: John Wormell_ President + CEO Name of Firm: Dave Bang Associates, Inc. Date: _November 13, 2024 Place a signed copy of Amendment 1 after Tab 1b in your formal bid. Note: The published due date and time of November 14, 24 at 3:00 p.m. (local Arizona time) remains unchanged. SCOPE OF WorK REVISIONS: (revisions are noted in yellow highlights): Arizona Registrar of Contractors License clarification: “Specification 1.1.02 requires an awarded vendor to have and maintain a current Arizona Registrar of Contractors license in order to utilize subcontractors with a similar license. This information was confirmed with the Licensing Department of the Arizona Registrar of Contractors. Bidders shall provide evidence that they have a current license for one of the following classifications: A, B-1, B-2, KB-1, KB-2, CR-5 (playground equipment only), C-21 (used for splash pads) or C-37 (for major plumbing associated with splash pads)”. SPECIFICATIONS REVISIONS: Specifications 1.1.02 and 1.1.03 are revised as follows (revisions are noted in yellow highlights): Specifications Comply | Exception/ Deviate* 1.1 General Specifications 1.1.02 Contract vendor shall have and maintain, through the life of an awarded contract, one or more of the following Arizona contractors licenses from the Arizona Registrar of Contractors: A, B-1, B-2, KB- 1, KB-2 CR-5 (playground equipment only), C-21 (used for x splash pads) or C-37 (major plumbing associated with splash pads. Provide copy(ies) of Arizona Registrar of Contractors license(s) after Tab 2b (See Primary Vendor Information — Qualifications and Experience, Question 6. 1.1.03 Bidders that are in the license application process shall provide evidence on application. An awarded contract will be contingent on a successful award of a A, B-1, B-2, KB-1, KB-2, CR-5 (playground equipment only) license(s), C-21, or C-37._ Provide a copy of the Arizona Registrar of Contractors application receipt with pending number after Tab 2b (See Primary Vendor Information — Qualifications and Experience, Question 6). 211 N 7th St, Kingman AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 _mesc.org MSC 8/23/23 All questions regarding Invitation for Bid 24K-1114 should be directed to: Michael R. Nentwig, CPPB, Contract Specialist Email: contracts@mesc.org Telephone: (928) 718-3204 Lari Staples, CPPO Executive Director Mohave Educational Services Cooperative, Inc. Published Date: October 24, 2024 211 N 7th St, Kingman AZ 86401 Phone: (928) 753-6945 Fax: (928) 718-3232 _mesc.org General Terms and Conditions (Place after Tab 1c) Some General Terms and Conditions may specify placement of information in tabs other than Tab 1c as noted in the title above. Pay close attention to placement information as indicated in select General Terms and Conditions. 1. ADVERTISING Bidder shall not advertise or publish information concerning this solicitation prior to an award being announced by Mohave. After award, contract vendor(s) may advertise the availability of contracted products, materials, processes, and services to members. Any promotional marketing materials using the Mohave logo shall be approved by a Mohave Contract Specialist in advance. AVAILABILITY OF FUNDS Member fund availability is unknown to Mohave at the time this solicitation was issued. Use of any contract awarded by Mohave will be conditioned upon the availability of member funds. BID OPENING Bids shall be opened immediately following the bid due date and time. Unverified pricing will be publicly read and recorded in the presence of witness and available on OpenGov Procurement. All other information in the bids shall remain confidential until after award of contracts, with the exception of review by Mohave staff and selected evaluators. CANCELLATION 4.1. Cancellation Process: The following requirements shall apply to all cancellation notices issued under an awarded contract: a) A written notice of cancellation shall be sent to the contract vendor and the effective date of cancellation shall be the date specified within the written notice of cancellation. b) Upon cancellation, all products, materials, processes, and services paid for by the member, along with documents, data and reports prepared by contract vendor under the contract shall become the property of the member. c) Contract vendor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing for authorized work in progress, authorized work completed, and materials accepted before the effective date of the cancellation. d) Cancellation shall have no effect on projects in progress prior to the effective date of the cancellation. e) Contract vendor is obligated to continue submitting monthly reconciliation reports and administrative fee payments until all purchases are complete and closed. 4.2. Cancellation for bankruptcy or acquisition: Mohave reserves the right to cancel, or suspend the use of, any contract if contract vendor files for bankruptcy protection, or if the original contract holder is sold and ownership is transferred to a new party. 4.3. Cancellation for conflict of interest: In accordance with A.R.S. §38-511, Mohave may cancel the contract within 3 years after contract execution without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of Mohave is or becomes at any time while the contract, or an extension of the contract is in effect, an employee of or a consultant to any party to the contract with respect to the subject matter of the contract. The cancellation shall be effective when the contract vendor receives written notice of the cancellation unless the notice specifies a later time. 4.4. Cancellation for convenience: Mohave reserves the right to immediately cancel the contract without penalty or recourse, in whole or in part, when Mohave determines that action to be in the best interests of its members. 4.5. Cancellation for no or low-usage: Mohave may terminate any contract if members have not used the contract, or if purchase volume is determined to be “low volume” in any 12-month period. IFB 24K-1114 50 General Terms and Conditions (Place after Tab 1c) 4.6. Cancellation for non-performance or contract vendor deficiency: Mohave reserves the right to cancel the whole or any part of this contract due to failure by contract vendor to carry out any obligation, term, or condition of the contract. Mohave may issue a written deficiency notice to contract vendor for acting or failing to act in any of the following: a) Failing to comply with the accepted terms and conditions of the contract; or, b) Providing material that does not meet the specifications of the contract; or, c) Providing work and/or material that was not awarded under the contract; or, d) Failing to adequately perform the services set forth in the scope of work and specifications; or, e) Failing to complete required work or furnish required materials within a reasonable or specified amount of time; or, f) Failing to make progress in performance of the contract and/or giving Mohave reason to believe that contract vendor will not or cannot perform the requirements of the contract; or g) Failing to provide required performance bonds; or h) Performing work or providing products, materials, processes, or services under the contract prior to receiving a Mohave reviewed member purchase order for such work. Upon receipt of a written deficiency notice, contract vendor shall have ten (10) days to provide a satisfactory response to Mohave to adequately address all issues of concern. Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this clause, all goods, materials, and work paid for by the member, along with documents, data and reports prepared by contract vendor under the contract shall become the property of the member. 4.7. Cancellation for replacement: Mohave reserves the right to cancel a contract awarded under this solicitation, if a new solicitation has been issued and a contract has been awarded to the same contract vendor for similar products, materials, processes, and services. Mohave may, at its option, either replace a contract resulting from this solicitation or delay a new award until the existing contract expires. The decision to delay or replace the contract rests solely with Mohave. 4.8. Contract vendor cancellation: Contract vendor may cancel this contract at any time upon thirty (30) days prior written notice to Mohave or at time of annual contract renewal (contract modification). Termination shall have no effect on projects in progress at the time the notice of cancellation is received by Mohave. 4.9. Continuation of performance: Contract vendor shall continue to perform in accordance with the requirements of the contract, up to the date of cancellation and as directed in the cancellation notice. 4.10. Gratuities: If Mohave determines that any contract vendor or an employee of the contract vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee of Mohave or a member employee who supervised or participated in the planning, recommending, selecting or contracting of the contract, in accordance with A.R.S. §15-213(0), Mohave may, by written notice, terminate the contract, in whole or in part. Officers, employees, and agents are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from contractors or parties of subcontractors under an awarded contract. Paying the expenses of normal business meals shall be in accordance with each member's policy regarding gratuities. Samples as requested in the solicitation and provided to Mohave for demonstration or evaluation are not considered gratuities. 4.11. Contract vendor offerings: Mohave may, by written notice, terminate the contract in whole or in part, if Mohave determines that employment or a gratuity was offered or made by the contract vendor or a representative of the contract vendor to any officer or employee of the school district or school purchasing cooperative for the purpose of influencing the outcome of the procurement or securing the contract, an amendment to the contract, or favorable treatment concerning the contract, including making of any determination or decision about contract performance. IFB 24K-1114 51 General Terms and Conditions (Place after Tab 1c) 5. CAPTIONS, HEADINGS, AND ILLUSTRATIONS The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of perusal only, and in no way define, limit, or describe the scope or intent of the request. 6. CERTIFICATION By signing the Bid and Acceptance Form (page 2 of the IFB), bidder certifies the following: a) b) c) )) e) f) g) h) j) k) Bidder has examined and understands the terms, conditions, scope of work, specifications, and other documents in this solicitation. The submission of the bid did not involve collusion or other anticompetitive practices, and that the bidder has taken steps and exercised due diligence to ensure that no violation of A.R.S. §15- 213(0) had or will occur. Neither signatory nor any person on his behalf has connived or colluded to produce a deceptive show of competition in the matter of the bidding or award of a contract under this solicitation. Bidder 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 bid. Neither bidder, nor any officer, director, partner, member or associate of bidder, nor any of its employees directly involved in obtaining contracts with the State of Arizona, Mohave Educational Services Cooperative, Inc., or any subdivision of the state, has been convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985. Bidder agrees to comply fully with any and all provisions of A.R.S. Title 32, Chapter 10 (Registrar of Contractors) that may regulate bidder’s business. Bidder shall not discriminate against any employee, or applicant for employment, in violation of federal and state laws (see Federal Executive Order 11246; and A.R.S. Title 41, Chapter 9, Article 4). Bidder is not currently suspended, debarred or otherwise precluded from participating in any public procurement activity with any federal, state, or local government entity. If awarded a contract, bidder agrees to promote, offer and sell under Mohave contract, only those materials and/or services awarded to contract vendor by Mohave. If awarded a contract, bidder shall provide the equipment, commodities, and/or services to members of Mohave in accordance with the terms, conditions, scope of work, specifications, and other documents of this Invitation For Bid. If awarded a contract, bidder agrees that all staff and other individuals eligible to receive services shall have equal access to the services regardless of race, religion, color, sex, disability, age, or national origin (including language minority individuals). Bidder and all proposed subcontractors comply and shall remain in compliance with the Federal Immigration and Nationality Act (FINA), all other federal immigration laws and regulations, A.R.S. §41-4401, and A.R.S. §23-214, which requires compliance with current federal immigration laws by employers, contractors, and subcontractors in accordance with the E-Verify employee eligibility verification program. Bidder shall comply with A.R.S. §35-393.01 and certify that they are not currently engaged in and agree that for the duration of the contract to not engage in, a boycott of Israel. If applicable to the products and services offered under this contract, Bidder shall comply with current applicable requirements of Health Insurance Portability and Accountability Act of 1996 (HIPAA), and accompanying regulations. Contract vendor agrees to work with the member in the course of performance so that the member and contract vendor are in compliance with HIPAA. Pursuant to A.R.S. § 35-394, by signing the Offer and Acceptance Form the bidder entering into a contract with Mohave certifies they do not use forced labor, or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China. IFB 24K-1114 52 General Terms and Conditions 7. (Place after Tab 1c) CONFIDENTIAL INFORMATION 7.1. Confidential information request: If bidder believes that its bid contains confidential trade secrets or other proprietary data not to be disclosed, a statement advising Mohave of this fact shall accompany the bid, and the information shall be so identified wherever it appears. Mohave shall review the statement and notify the bidder of their determination in writing whether the information shall be withheld or disclosed. Requests to deem the entire bid as confidential will not be considered. 7.2. Pricing: Mohave will not consider pricing to be confidential or proprietary. 7.3. Public record: All bids submitted in response to this solicitation shall become the property of Mohave. They will become a matter of public record available for review, subsequent to award of contract(s), with the exception of information deemed confidential by Mohave. CONFIRMATION If an apparent mistake in a bid, relevant to the award determination is discovered after opening and before award, Mohave shall contact the bidder for written confirmation of the bid. If bidder fails to act, the bidder shall be considered non-responsive. Mohave may contact a bidder to confirm our understanding of the bid. Such contact shall be prior to award. Mohave shall obtain written confirmation from the bidder and shall retain the confirmation in the procurement file. Correction of mistakes in a bid shall only be allowed as described in Arizona procurement rules and code. CONTRACT MANAGEMENT 9.1. Applicable law: The contract shall be governed by the laws of the State of Arizona, and suits pertaining to the contract may be brought only in courts in the State of Arizona. 9.2. Application of law: The Arizona Procurement Code, the Arizona State Board of Education School District Procurement Rules, and the Uniform Commercial Code (UCC) as adopted by the State of Arizona, are part of this document as if fully set forth herein. Any provision or clause required by law, rule, or regulation to be included in the contract will be read and enforced as if in the contract, whether or not physically included. If any such provision is not included, or is not correctly included, contract will be amended in writing to make such inclusion or correction upon application from either party to contract. 9.3. Arbitration: After exhausting applicable administrative review, the parties to this contract may agree to resolve disputes arising out of or relating to this contract through arbitration, to the extent allowed by law. 9.4. Assignment: Contract vendor agrees that if a contract is reassigned as part of an acquisition/merger, the contract vendor will notify Mohave once legally permissible. Mohave reserves the right to accept or reject any reassignment of an awarded Mohave contract. Mohave shall not unreasonably withhold approval of a contract transfer resulting from an acquisition/merger. Mohave shall notify the contract vendor of its decision within fifteen (15) days of receipt of written notification from contract vendor of the acquisition/merger. 9.5. Contract claims or controversies: The requirements of the Arizona procurement code, the Arizona State Board of Education, School District Procurement Rules shall govern any contract awarded as a result of this solicitation, as well as any contract claims or controversies associated with it. Formal contract claims and controversies between a member and contract vendor shall be resolved in accordance with R7-2-1155 through R7-2-1159, or A.R.S., Title 41, Chapter 23, Article 9, as applicable. The member's authorized representative shall serve as the district representative for resolution of such claims and controversies. A.R.S., Title 41, Chapter 23, Article 9, and the rules promulgated under it, or R7-2-1155 through R7-2-1159, as applicable, provide the exclusive procedure for asserting a cause against the member under the contract. IFB 24K-1114 53 General Terms and Conditions (Place after Tab 1c) 9.6. Contract placed on hold: Mohave shall have the ability to place a contract on hold, if it is deemed necessary to address ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a written deficiency notice. A reasonable amount of time shall be provided to contract vendor to address issues in the written deficiency notice. 9.7. Modification of contract: An awarded contract may be modified for a variety of reasons. Contract modifications will be issued as deemed necessary by Mohave to address contractual issues that may arise. The contract modification will become effective upon agreement by contract vendor and Mohave. 9.8. Novation: If contract vendor sells or transfers all assets or the entire portion of the assets used to perform this contract, a successor in interest must guarantee to perform all obligations under this contract. Mohave reserves the right to accept or reject any new party. A simple change of name agreement will not change the contractual obligations of contract vendor. 9.9. Order cycle overview: One, or both, of the following order cycles will apply to an awarded contract. A sample reconciliation report will be provided to contract vendors who have been awarded a contract. Instructions for including purchase order, Pcard/credit card purchases, will be contained in that sample reconciliation report and email. For Procurements made with purchase orders: 1. Member and/or contract vendor forwards purchase orders to Mohave that lists the contract number, along with a copy of detailed contract vendor quote. Vendor listed on the purchase order is contract vendor. 2. Mohave reviews and emails member order with “MESC Reviewed’ stamp, to contract vendor and member. 3. Contract vendor provides product/services. 4. Contract vendor invoices member. 5. Member pays contract vendor. 6. Contract vendor sends monthly Reconciliation Report to Mohave, based on invoices paid. 7. Contract vendor remits administration fee monthly. 8. Mohave audits selected invoices. For Procurements made with Pcards/credit card: 1. Member purchases directly from contract vendor using a Pcard/credit card and forwards a copy of detailed contract vendor quote to Mohave (if applicable). Mohave reviews and emails contract vendor quote with “MESC Reviewed" stamp, to contract vendor and member (if applicable). Contract vendor provides product/services. Contract vendor invoices member (if not previously paid with Pcard/credit card). Member pays contract vendor (if not previously paid with Pcard/credit card). Contract vendor sends monthly Reconciliation Report listing Pcard/credit card transaction, invoice, or quotation to Mohave, based on Pcard/credit card purchases paid. 7. Contract vendor remits administration fee monthly. 8. Mohave audits selected Pcard/credit card purchases. N OARW 9.10, Overcharges by antitrust violations: Mohave maintains that overcharges resulting from antitrust violations are to be returned to the member. Therefore, to the extent permitted by law, contract vendor returns or credits to the member any and all claims for such overcharges as to the products, materials, processes, or services used to fulfill the contract. 9.11,Relationship of the parties: Vendors receiving contracts under this solicitation are independent contractors. Any party to the contract shall not be deemed to be the employee of another party to the contract. IFB 24K-1114 54 General Terms and Conditions (Place after Tab 1c) 9.12. Severability: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the invalid provision or application. 9.13.Successful performance: The sections of the solicitation defining the scope of services, requirements, or qualifications are not to be construed as a complete listing that exempts successful bidder from reasonable services required to ensure successful performance under the contract. 9.14, Title: Purchase orders placed under this contract are on behalf of Mohave’s members. As such, title to goods passes directly from contract vendor to member. 9.15.User guide: If awarded a contract, contract vendor may be required to prepare a user guide that will assist members in using the contract. A template will be provided for successful contract vendors to create this user guide. 10, COOPERATIVE PURCHASING 10.1, Cooperative purchasing: This contract is based on the need for Mohave to provide the economic benefits of volume purchasing and reduction in administrative costs through cooperative purchasing to members. Any bid that prohibits sales to specific types of members (e.g., state agencies or local government units) may not be considered. Sales without restriction to any members are preferred. 10.2. Cooperative purchasing agreements: Cooperative Purchasing Agreements between Mohave and its members have been established under Arizona procurement rules and code for use of contracts. 10.3. Most favored customer relationship: Nothing in this solicitation is intended to establish a most favored customer relationship between Mohave and contract vendor. Contract vendor may respond to any solicitation without regard to this contract. Bidder agrees all prices, terms, warranties, and benefits granted by bidder to members through this contract are comparable to or better than the equivalent terms offered by bidder to any present customer meeting the same qualifications or requirements. If contract vendor offers lower prices to any of its other customers, it may lower its prices to Mohave at the same time by written notice and approval. 10.4. Eligible agencies: Any contract awarded from this solicitation shall be available to all Mohave members. Members shall have a current signed Mohave Cooperative Purchase Agreement. Member is defined as a local or public procurement unit, or a governmental public entity that is a political subdivision for purposes of federal income tax, or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of §115 of the Internal Revenue Code. Mohave has approximately 470 members throughout Arizona. A list of members may be found on Mohave’s website, www.mesc.orq. Actual use of any contract shall be at the sole discretion of Mohave’s members. 11. ESTIMATED QUANTITIES Mohave anticipates considerable activity resulting from this solicitation. An estimate of purchases is provided in the Scope of Work (page 6 of the requested materials or services. However, no commitment of any kind is made concerning quantities to be acquired. Mohave does not guarantee usage. Usage depends on the actual needs of members and marketing by contract vendor. 12. EVALUATION and AWARD 12.1. Basis of award: Award(s) will be made to the responsive and responsible bidder(s) whose bid(s) is (are) determined in writing to be the low responsive and responsible bid or bids. Mohave reserves the right to use model projects/market baskets to determine the ranking of bids. It is Mohave’'s intent to award a complete line of products, when possible and advantageous. IFB 24K-1114 55 General Terms and Conditions (Place after Tab 1c) 12.2. Exceptions/deviations to requirements: All requested exceptions/deviations must be clearly explained. Unacceptable exceptions/deviations shall remove your bid from consideration for award. Mohave shall be the sole judge on the acceptance of exceptions/deviations and Mohave's decision shall be final. 12.3. Formation of contract: A response to this solicitation is an offer to contract with Mohave based upon the requirements contained in this solicitation. A bid does not become a contract unless and until Mohave accepts it. A contract is formed when a Mohave administrator signs the award document. 12.4. Effect of price: No contract shall be awarded solely on the basis of price. 12.5. Market basket: If bidder is providing an alternative product in the required Market Basket, bidder must provide specifications for those products. White papers are not specifications and are not acceptable. 12.6. Multiple award: To assure that our contracts meet the requirements of all members, Mohave may award multiple contracts. Bidder should consider this fact in preparing their response. The decision to award multiple contracts, award a single contract, or make no award rests solely with Mohave. A multiple award shall be made only if the procurement officer determines in writing that a multiple award is necessary and is advantageous to Mohave members. A multiple award shall be limited to the least number of contracts necessary to meet the requirements of the using agencies. Mohave shall make the sole determination of the least number of contracts required to meet the need. Mohave’s basis for determining whether to award multiple contracts shall be based upon considerations for the large number of members, diverse types of members, location of members throughout Arizona and members’ past usage of similar contracts. Criteria for selecting vendors for multiple contracts shall be based upon considerations for members’ experience with existing products and systems, brand continuity for parts replacement and future expansion, contract vendor's ability to provide for our large, diverse membership, bonding capacity, Mohave’s past experience with contracts for similar product/services, and/or other relevant criteria. Multiple contracts may also be awarded based on individual line items or groups of line items, incrementally, or by designated regions. 12.7. Non-exclusive contract: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of Mohave’s members. Mohave and its members reserve the right to obtain like goods and services from other sources. 12.8. Past performance information: Past Performance Information (PPI) is relevant information regarding a contract vendor’s actions under previously awarded contracts to public agencies. It includes contract vendor's record of performance under such contracts including, but not limited to: conformance to the terms, conditions, specifications, and scope of work of the contracts, responsiveness to, and correction of, contract claims and controversies, and satisfaction of the contracting entities. PPI shall be a factor in evaluation and award. 12.9. Price workbook: All bidders must complete the 24K Playgrounds, Splash pads, Outdoor Fitness and Related Equipment titled “24P Playgrounds.xlIsx”. Failure to complete and submit the 24K Playgrounds, Splash pads, Outdoor Fitness and Related Equipment price workbook shall render your bid non-responsive. The response to the pricing workbook shall be submitted in the original unlocked Excel format, along with any price files, pricelists, and/or catalogs (as applicable) uploaded to OpenGov Procurement. In addition, a PDF copy of the Summary Sections 1-6 worksheets shall be submitted after Tab 3a with your bid. If awarded a contract, all future pricing updates shall be based on the electronic workbook, or similar approved format. 12.10. Pricing extension errors: In case of error in extension of prices in the bid, unit prices shall govern. IFB 24K-1114 56 General Terms and Conditions (Place after Tab 1c) 12.11. Responsible bidder: A responsible bidder is a firm or person who at the time of contract award has the capability to perform the contract requirements and the integrity and reliability that will assure good faith performance. Mohave shall determine a bidder to be responsible before awarding a contract to bidder. 12.12. Responsive bids: A responsive bid conforms in all respects to the material requirements of the solicitation. Bids must be responsive to receive award consideration. Mohave reserves the right to waive minor informalities. 13. FEDERAL and STATE REQUIREMENTS 13.1. Affordable Care Act requirements: Contract vendor understands and agrees that it shall be solely responsible for compliance with the Patient Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-152 (collectively the Affordable Care Act “ACA”). Contract vendor shall bear sole responsibility for providing health care benefits for its employees who provide services to the member as required by state or federal law. 13.2. Audit rights: In accordance with applicable Arizona law, contract vendor’s and subcontractor’s books and records related to this contract may be audited at a reasonable time and place, for five years after completion of the contract. 13.3.Clean Air Act, Clean Water Act and Environmental Protection Agency Regulations: Contract vendor and its subcontractors shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act, section 508 of the Clean Water Act, Executive Order 11738, and Environmental Protection Agency regulations (7 CFR 3016.36 (i) (12)). This shall only apply to federally funded projects subject to the Clean Air Act, Clean Water Act and current applicable EPA regulations when notified by member. 13.4. Compliance with federal and state requirements: Contract vendor agrees, when notified by member, when working on any federally assisted projects with more than $2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis-Bacon Act, the Copeland “Anti-Kickback” Act, the Housing and Urban Development Act of 1968, the Equal Opportunity Employment requirements as amended by Executive Order. In such projects, contract vendor agrees to post wage rates at the work site and submit a copy of their payroll to the member for their files. In addition, to comply with the Copeland Act, contract vendor must submit weekly payroll records to the member. Contract vendor must keep records for three years and allow the federal grantor agency access to these records, upon demand. Contract vendor also agrees to comply with State of Arizona Executive Order 75-5, as amended by Executive Order 99-4. When working on any projects funded with federal grant monies, when notified by member, contract vendor agrees to comply with the administrative requirements for grants and cooperative agreements to state, local and federally recognized Indian tribal government contract provisions. The forms listed below are incorporated by reference into this solicitation and any resultant contract. a) HUD-5369, Instructions to Bidders for Contracts, Public and Indian Housing Programs b) HUD-5369-A, Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs c) HUD-5369-B, Instructions to Offerors Non-Construction d) HUD-5369-C, Certifications and Representations of Offerors Non-Construction Contract e) HUD-5370, General Conditions of the Contract for Construction f) HUD-5370-C1, General Conditions for Non-Construction Contracts Section 1 (With or Without Maintenance Work) g) HUD-5370-C2, General Conditions for Non-Construction Contracts Section 1 (With Maintenance Work) IFB 24K-1114 57 General Terms and Conditions (Place after Tab 1c) For federally funded projects only, the requirements of an applicable form shall supersede conflicting requirements in this solicitation. The forms may be accessed via HUDClips (https://www.hud.gov). 13.5. Compliance with workforce requirements and eligibility: Pursuant to A.R.S. §41-4401, contract vendor and subcontractor(s) warrant their compliance with all federal and state immigration laws and regulations that relate to their employees, and compliance with A.R.S. §23- 214 subsection A, which states, “...every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.” [To register for E-Verify, go to: https://www.e-verify.gov/employers/enrolling-in-e-verify Mohave and its members reserve the right to confirm compliance. Mohave and/or Mohave members may request verification of compliance and request to inspect the papers from any contract vendor or subcontractor performing work under this contract. Should Mohave or its members suspect or find that the contract vendor or any of its subcontractors are not in compliance, Mohave may pursue any and all remedies allowed by law, including, but not limited to suspension of work, termination of the contract for default, and suspension and/or debarment of the contract vendor. All costs necessary for compliance are the responsibility of the contract vendor. 13.6. Davis-Bacon wage decisions: For federally funded projects subject to the Davis-Bacon Act, the member shall specify the applicable Davis-Bacon wage decision, prior to the contract vendor providing a firm price quotation for the proposed project. The wage decision shall be identified by the WD Number, modification number, and date of the wage decision. Davis-Bacon wage decisions may be accessed via www.dol.gov or by requesting a copy from the member. 13.7. Energy Policy and Conservation Act: Contract vendor and its subcontractors shall comply with mandatory standards and policies relating to energy efficiency (7 CFR 3016.36 (i) (13)). This shall only apply to federally funded projects subject to current applicable energy policies and the Energy Conservation Act, when notified by member. 13.8. Non-compliance: All federally assisted contracts with members that exceed $10,000 may be terminated by the federal grantee for noncompliance by contract vendor. In projects that are not federally funded, bidder must agree to meet any federal, state, or local requirements, as necessary. In addition, if compliance with the federal regulations increases the contract costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. 13.9. Offshore performance of work prohibited: Due to security and identity protection concerns, direct services under this contract shall be performed within the borders of the United States. Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and may involve access to secure or sensitive data or personal client data or development or modification of software for the state shall be performed within the borders of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. 13.10. Procurement of recovered material: Contract vendor and its subcontractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as stated in 2 CFR 200.323. IFB 24K-1114 58 General Terms and Conditions (Place after Tab 1c) 13.11. Prohibition on certain telecommunications and video surveillance equipment or services for procurements under federal grant funding: Contract vendor and its subcontractors shall comply with provisions as described in § 200.216 and Public Law 115-232, section 889 for prohibition on certain telecommunications and video surveillance equipment or services to procure or obtain, extend or renew or enter into a contract to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system as described in Public Law 115-232, section 889. 13.12. Rights to inventions: Rights to inventions made under a contract or agreement as specified under Appendix II to 2 CFR shall apply for federally funded projects. 13.13. Subcontracts: Prime Contractor, if subcontracts are to be let, will allow all business to have an equal opportunity to sign up as a prospective bidder for work assigned under this contract. 13.14. Terrorism country divestments: In accordance with A.R.S. §35-392, Mohave and its members are prohibited from purchasing from a company that is in violation of the Export Administration Act. By entering into the contract, contract vendor warrants compliance with the Export Administration Act. 13.15. Compliance to federal solicitation requirements: a) Bidder certifies that all pricing in their bid has been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor certification regarding non-collusion. b) Bidder agrees to comply fully with U.S. Department of Agriculture, the Arizona Department of Education, U. S. Accounting Office, or any of their duly authorized representative to allow access to any books, documents, papers, and records of the bidder, which are directly pertinent to the specific contract, for the purpose of audits, examinations, excerpts, and transcriptions. Additionally, the bidder shall provide all documents as necessary for the independent auditor to conduct the school food authority (SFA) single audit (if applicable). In the event of any unresolved audit findings, the records shall be retained beyond the five (5) year period for as long as required for resolution of these issues raised by the audit. c) Bidder agrees to comply with all mandatory standards and policies relating to energy efficiency as cited in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). d) Bidder shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations, 41 CFR Part 60-30. e) Bidder shall comply with the following civil rights laws as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Department of Agriculture regulations on nondiscrimination 7 CFR 210.23 (b); Title 7 CFR parts 15, 15a, and 15b; the Americans with Disabilities Act; and the FNS Instruction 113-6; “Civil Rights Compliance and Enforcement in School Nutrition Programs”. f) Bidder shall comply with the provisions of the Consumer Product Safety Act. g) Bidder shall disclose all discounts, rebates, allowances, and incentives received by the bidder from its suppliers. If the bidder receives a discount, rebate, allowance, or incentive from any supplier, the bidder shall disclose and return to the SFA, (if applicable), the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the SFA. The bidder shall identify the amount of each discount, rebate and other applicable credit on bills and invoices presented to the SFA for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit according to 7 CFR 210.21(f)(1)(iv). IFB 24K-1114 59