HURF Equipment Replacement
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98527 characters
ACTIVITY #
REQUEST TITLE
FUND
DEPT
FY2025
FY2026
FY2027
FY2028
FY2029
TOTAL
62501 Replace Digital Signs
General
Admin
$260,000
$0
$0
$0
$0
$260,000
62309
121st Avenue Roadway Improvements –
Additional Design Funding
HURF
Dev Serv
$23,000
$370,000
$0
$0
$0
$393,000
62502
A Street, Myer Lane & 119th Avenue
Signing and Striping Improvements
HURF
Dev Serv
$82,000
$0
$0
$0
$0
$82,000
62503 City Hall Expansion
General
Dev Serv
$587,000
$5,328,000
$0
$0
$0
$5,915,000
62504 ITS Tracer Wire Improvements
General
Dev Serv
$89,000
$0
$0
$0
$0
$89,000
Linear Park
Grants
Dev Serv
$0
$0
$0
$500,000
$3,500,000
$4,000,000
62505 Police Station Expansion
General
Dev Serv
$186,000
$2,845,000
$0
$0
$0
$3,031,000
62213
Roadway Drainage Improvements at 1st
Avenue
WW
Dev Serv
$250,000
$0
$0
$0
$0
$250,000
62308
Varney Road Roadway Improvements –
Additional Design Funding
HURF
Dev Serv
$50,000
$0
$0
$0
$0
$50,000
62707 Finance Software Replacemet
General
Finance
$0
$0
$1,000,000
$0
$0
$1,000,000
62506
Decontamination Washer for Self
Contained Breathing Apparatus’
General
Fire
$70,000
$0
$0
$0
$0
$70,000
62201
Fire Apparatus (Fire suppression Vehicle)
Replacement Program
General
Fire
$0
$0
$1,400,000
$0
$0
$1,400,000
62507
Fire Training Equipment & Site
Improvements
General
Fire
$42,000
$0
$0
$0
$0
$42,000
62508 Replacement Air Compressor
General
Fire
$50,000
$0
$0
$0
$0
$50,000
62406 Replacement Heart Monitor/Defibrillator General
Fire
$0
$55,000
$0
$55,000
$0
$110,000
Self Contained Breathing Equipment
Replacement
General
Fire
$0
$0
$0
$0
$350,000
$350,000
62509
Vehicle Replacement Program (Non-Fire
Suppression)
General
Fire
$52,000
$0
$0
$85,000
$75,000
$212,000
Cactus Road Resurfacing
HURF
HURF
$0
$0
$1,750,000
$0
$0
$1,750,000
Downtown Residential Road Resurfacing HURF
HURF
$0
$0
$0
$0
$1,250,000
$1,250,000
62510 Dysart Road Resurfacing
HURF
HURF
$2,500,000
$0
$0
$0
$0
$2,500,000
62511 Grant Funded Lift Vehicle
HURF/Grants
HURF
$200,000
$0
$0
$0
$0
$200,000
62512 HURF Equipment Replacement
HURF
HURF
$150,000
$0
$0
$0
$0
$150,000
62513 MAG Funded Street Sweeper
HURF/Grants
HURF
$400,000
$0
$0
$0
$450,000
$850,000
62115
Neighborhood Traffic Calming Program
(NTCP)
HURF
HURF
$0
$40,000
$0
$40,000
$0
$80,000
62052 Pavement Management Program
HURF
HURF
$1,400,000
$1,400,000
$1,400,000
$1,400,000
$1,400,000
$7,000,000
Thompson ranch Neighborhood
Roadway Mill and Overlay
HURF
HURF
$0
$1,000,000
$0
$0
$0
$1,000,000
Vehicle Replacement Program - HURF
HURF
HURF
$0
$0
$0
$67,000
$0
$67,000
62514 Disaster Recovery Backup Solution
General
IT
$50,000
$0
$0
$0
$0
$50,000
Network Switching Equipment
Replacement
General/WW/Water
IT
$0
$0
$210,000
$0
$0
$210,000
62302
Vehicle Replacement Program - Non-
Departmental
General
Non-Dept
$0
$0
$0
$0
$48,000
$48,000
62515 Park Improvements
General
Parks
$2,000,000
$2,000,000
$0
$0
$0
$4,000,000
62516 Parks Vehicle
General
Parks
$53,000
$0
$0
$0
$0
$53,000
62704 Playground Equipment Replacement
General
Parks
$0
$0
$80,000
$80,000
$80,000
$240,000
62036 Vehicle Replacement Program - Parks
General
Parks
$0
$62,000
$64,000
$0
$68,000
$194,000
Crime Scene Vehicle
General
Police
$0
$130,000
$0
$0
$0
$130,000
62517
Expanded Covered Secured Impounded
Vehicle Parking
General
Police
$150,000
$0
$0
$0
$0
$150,000
62518 Police Vehicle for Lieutenant
General
Police
$80,000
$0
$0
$0
$0
$80,000
62519 Upgraded Records Management System General
Police
$600,000
$85,000
$90,000
$95,000
$100,000
$970,000
62040 Vehicle Replacement Program – Police
General
Police
$265,000
$268,000
$300,000
$314,000
$352,000
$1,499,000
62103 Vehicle Replacement Program - Facilities General
PW
$0
$62,000
$0
$0
$68,000
$130,000
62227
Collections System Replacement
Program
WW
WW
$200,000
$200,000
$200,000
$200,000
$200,000
$1,000,000
62079
Wastewater Process System
Improvements
WW
WW
$200,000
$200,000
$200,000
$200,000
$200,000
$1,000,000
WRF Air Scrubber Replacement
WW
WW
$0
$600,000
$0
$600,000
$0
$1,200,000
62520 WRF Disinfection Feed System
WW
WW
$60,000
$0
$0
$0
$0
$60,000
Capital Improvement Plan FY2025-FY2029
43
62512 HURF Equipment Replacement
HURF
HURF
$150,000
$0
$0
$0
$0
$150,000
Project Number:
62708
Department:
Highways and Streets
Total Capital Cost:
$150,000.00
Type:
Capital Equipment
Request Groups:
CIP
Request description:
Capital Costs
FY2025
Total
Vehicle Cost
$150,000.00
$150,000.00
Other
$0.00
Total
$150,000.00
$150,000.00
Funding Source
FY2025
Total
111 - General
$0.00
114 - Court
$0.00
121 - Court Enhance
$0.00
128 - Towing
$0.00
131 - HURF
$150,000.00
$150,000.00
141 - LTAF
$0.00
148 - CDBG
$0.00
149 - Special Projects
$0.00
156 - Capital Streets
$0.00
511 - Water
$0.00
516 - Ranchettes
$0.00
541 - Sewer
$0.00
591 - Sanitation
$0.00
Total
$150,000.00
$150,000.00
New Purchase or Replacement
Useful Life
Strategic Priority
Project Status
Superior Infrastructure
Modified
HURF Equipment Replacement
The current HURF division tractor/loader is at its end of life. This equipment is used for pavement material removal & reapplication, hauling and applying landscaping materials, clearing
city right of ways of debris, wash area cleanup, and general grading. This request is to replace this piece of heavy equipment with a new tractor/loader that will allow a more efficient and
reliable response for street maintenance items. The equipment was manufactured in 2007. Replacement is necessary as the axel is broken, and new parts are no longer manufactured for
this piece of New Holland equipment. The manufacturer has confirmed the needed parts are no longer available. HURF division is currently renting a tractor/loader when needed.
The 2021 National Community Survey found that 76% of El Mirage residents consider it easy to travel by car in the city, 67% rate street repair favorably, and 67% feel it is important to
focus on the overall quality of the transportation system in the next two years.
Modified: Accelerated from FY27 to FY25.
Additional Information
Replacement
10 or more years
68
NOTICE TO
PURCHASER
Caution. Do not sign this contract before you thoroughly read both pages 1 and 2 of it or if it contains blank
spaces, even if otherwise advised.
You are entitled to an exact and completely filled in copy of this Sales Order when you sign it. Keep it to
protect your legal rights.
Store Manager signature required for final acceptance of Sales Order.
THIS AGREEMENT IS SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE. CUSTOMER HAS HAD
THE OPPORTUNITY TO READ THE TERMS OF THIS AGREEMENT PRIOR TO SIGNING.
Purchaser’s Signature ____________________________
Sales Consultant ____________________________
Date _________
Print Name ____________________________________
Date _________
Accepted By _______________
Date _________
Page 1 of 3
1411 N 27th Ave ∙ Phoenix ∙ AZ ∙ 85009 TEL:
www.SonsrayMachinery.com
Ship To: Phoenix CE Store
1411 N 27th Ave
Phoenix AZ 85009
Invoice To: CITY OF EL MIRAGE
10355 NORTH 121ST AVENUE
EL MIRAGE AZ 85335
Attention: lorenzo moreno
Phoenix CE
December 9, 2024
gnordsiek-0762
BP0036074
623-518-0449
Purchase Order:
Sales Person: Omar Lopez
EQUIPMENT QUOTE/SALES ORDER
2024 CASE 570N EP w/CAB-PTO ready
Serial #: Factory Order-701908800 Stock #:
701908800 quote # factory order
$136,285.93
NEW 2024 CASE EQUIPMENT 570N EP SKIP LOADER w/ CAB
Final Customer Delivery PDI $1,744.00
QC and WASH - $150.00
factory Freight - $3,983.00
local Delivery Freight- $300.00
84258173 coupler -$2,500.00
301094A1 grapple bucket -$8,600.00
install manual LOADER coupler 84258173 -$414.00
82 inch std loader bucket 295686A1 with edge - $4,162.00
INSTALL GRAPPLE BUCKET - $207.00
Woods BB72.30 Mower attachment - $6,480.00
BIC KF8506 PTO KIT - $4,812.50
36 MONTHS / 3000 HOURS w/ $0 DEDUCTIBLE PREMIER PROTECTION PLAN similar to EXTENDED WARRANTY
***Quote Expires 01/09/2025 ***Factory ORDER
*** QUOTED PRICE IS NOT GUARANTEED, AND SUBJECT TO MANUFACTURER'S PRICE INCREASES, INCLUDING ANY ADDITIONAL
SURCHARGES ***
SONSRAY SIGNATURE SERVICE – A commitment to providing excellent service and care when you purchase a new piece of equipment
from Sonsray Machinery.
PPP-Premier 36/3000 ($0 Deductible)
$1,915.00
Quoted Price
$138,200.93
Sales Tax 8.60%
$11,353.39
Processing Fee
$ 399.00
Cash Due or Finance Amount
$149,953.32
Page 2 of 3
Page 3 of 3
1.
This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale
transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray
Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a
security interest in the goods described herein until all obligations of Purchaser are paid in full and discharged.
2.
When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in
equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When
the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this
right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller.
3.
The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer
price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall
be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on
being notified thereof.
4.
The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car
shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller,
including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.
5.
Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not
damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer
any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written
consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable
to Seller as his interest in the property may appear.
6.
Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the
payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of
any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser
under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems
himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder
shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including
reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any
additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to
assemble the property and make it available at a place designated by Seller. Seller may resell the retaken property at public or private Sale in
accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking,
repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be
credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller,
any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may
exercise any other rights and remedies provided by applicable law.
7.
No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any
breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be
applied first to delinquent interest and then to principal.
8.
The remedies provided for herein are not exclusive and any action to enforce payment shall not waive or affect any of the holder's
rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the
payment hereof.
9.
Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to
the extent of such prohibition without invalidating the remaining portions of the contract.
10.
Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and
all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties
hereto and their respective heirs, personal representative, successors, and signs.
11.
Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes
of identifying said goods. The seller may correct patent errors herein.
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Contract Amendment Summary
CONTRACTOR: Sonsray Machinery LLC
CTR069929
AMENDMENT NO.: Three (3)
DESCRIPTION: Landscape and Utility Vehicles, Trailers and Equipment
Rev. 04/2020
Procurement
Pursuant to the Uniform Terms and Conditions, Section 5, Contract Changes, the above referenced contract is
amended. Summary of changes is as follows:
1. Amendment Three (3) to mutually extend this contract from October 1, 2024 through September
30, 2025 unless terminated, canceled or extended as otherwise provided in the contract.
2. All other terms, conditions and provisions of this contract remain unchanged.
DocuSign Envelope ID: 402CD1C8-EE56-4E15-9374-EBB5477C0481
9/23/2022
22
CTR062318
1st
October
Rev. 04/2020
Procurement
STATE OF ARIZONA
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson St., Ste. A
Phoenix, AZ 85007
REQUEST FOR PROPOSAL
SOLICITATION NUMBER: BPM004560
DESCRIPTION: Landscape and Utility Vehicles, Trailers and Equipment
QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement
system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.
OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.
Patrick Breazeale
Procurement Officer
Phone: 602-712-8504
Email: PBreazeale@azdot.gov
This solicitation is issued in accordance with A.R.S. §41-2534 and A.A.C. R2-7-C301 et seq., Competitive Sealed
Proposals.
“An Equal Opportunity Agency”
The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§
2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into
pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.
Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by phone (602)
712-2089. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.
Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602)
712-2089.
TABLE OF CONTENTS
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 2 of 32
Procurement
SECTION
PAGE
Notice
1
Table of Contents
2
Scope of Work
3
Special Terms and Conditions
9
Uniform Terms and Conditions
20
EXHIBITS
1 - Title VI/Non-Discrimination Assurances Appendix A
30
2 - Title VI/Non-Discrimination Assurances Appendix E
31
3 - ADOT Quarterly Usage Report
32
SCOPE OF WORK
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 3 of 32
Procurement
1. Statement of Need
1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona
Department of Transportation (Department), has a requirement for Landscaping and Utility
vehicles, Trailers and Equipment.
2. Introduction and Background
2.1. The State of Arizona Department of Transportation (Department) is seeking to contract with a
qualified vendor(s) who can provide various landscaping equipment and vehicles which
includes but is not limited to, utility vehicles, tractors, trailers, all-terrain vehicles, grounds
maintenance vehicles, lawn and garden equipment, in addition to other related products, parts
and accessories for the State of Arizona and participating Eligible Agencies. This equipment will
be used to support official organizational goals.
3. General Requirements
3.1. The contractor shall provide a comprehensive selection of products at anticipated volumes
available through manufacturer’s current published price lists. Products offered shall be the
newest product model available from the manufacturer. No prototype, demo products, rebuilt
or reconditioned products shall be accepted.
3.2. Contractors shall have the ability to create and process numerous individual accounts for order
placement, billing and reporting purposes and have inventory and transportation capacities
sufficient to meet customer demand and contract delivery requirements.
3.3. For vehicles or equipment requiring up-fit/modifications, all applicable cost may be included in
quotation or as a separate quotation.
3.4. The contractor may assign a representative(s) to the State to act as a liaison between the
Eligible Agencies and the contractor.
3.5. The contractor shall provide general help and ordering assistance including toll-free phone and
web-based support.
3.6. The contractor shall have a return process in place to accommodate for any defective or
damaged product. Any item that is received in error or in a defective or damaged condition
shall be replaced or returned within thirty (30) days at no cost to the Eligible Agency. Any
defects noted after thirty (30) days of acceptance, the eligible agencies will utilize the (1) year
manufacturer’s warranty.
3.7. The contractor shall have local Arizona authorized service and repair facilities capable of
servicing, repairing and or warranty work on any equipment sold to the State of Arizona.
SCOPE OF WORK
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 4 of 32
Procurement
3.8. Once a purchase order has been issued, the contractor shall notify the Eligible Agency of any
delivery date delays or changes as early as possible.
4. Specific Requirements
4.1. Product Categories
Equipment offered in the following categories shall be considered for award. These categories
shall be defined by similar types of products and include all related types of powered equipment
(i.e. gasoline, E85, bio-diesel, diesel, alternative fuels, battery and electric), parts and accessories.
The Contractor shall provide the goods described in any or all of the following categories:
1.
Lawn and garden equipment: To include but not limited to; edger’s, shrub trimmers, chain
saws, stump grinders, wood splitters, weed eaters, portable pumps, portable generators
and leaf blowers.
2.
Mowers: To include but not limited to; walk-behind, reel, rotary, flail, zero turn, ride on,
commercial front and wide-area mowers, commercial boom or side-arm mowers, three
point hitch type, pull behind, and trim (edge).
3.
Athletic Field and Turf Equipment: To include but not limited to; aerators, ball field and
bunker rakes, scrapers, stripers, rollers and edgers.
4.
Sprayers: To include but not limited to; backpack sprayers, spot sprayers, electric or gas-
powered towable or mounted sprayers (encompassing cart, trailer, truck or vehicle
mounted) and self-standing mix tanks, including all applicable parts, attachments and
accessories. Stock and custom rigs are included.
5.
Brush or wood chippers: To include but not limited to; hydraulic fed, power take off (PTO)
driven, skid mount or upright chippers, gas-powered capable of processing up to 3”
diameter material, diesel-powered capable of chipping material up to 18” x 24”, including
all attachments and accessories.
6.
Tractors: To include but not limited to; compact utility, utility, tow tractors and agriculture
tractors, including all applicable implements and attachments.
7.
Compact Excavators: (Max operational weight of 20,000 lbs.) To include but not limited to;
skid steers, loader backhoes, tractor loaders and mini hydraulic excavators, including all
applicable implements and attachments.
8.
Utility Trailers: (Max Gross Vehicle Weight Rating (GVWR) 25,900 lbs and electric brakes
only.) Full line and sizes of Fifth wheel, Ball Hitch, Lunette Eye Pintle Hook, enclosed, open,
tilt, tandem axle, single axle, carry-on dump trailers, off-road vehicle trailers. Semi-trailers
are not included.
SCOPE OF WORK
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 5 of 32
Procurement
9.
Utility Boxes: (Maximum capacity 70 cu. ft.) To include but not limited to; steel, aluminum
or plastic construction, truck toolbox, construction site storage box (job box), storage
drawer boxes for van and truck bed mounting.
10. Utility Vehicles: To include but not limited to; three or four wheelers, quads, work/utility
ATVs, Battery electric vehicles, burden carriers and personnel carriers including all
attachments and accessories. Sand Rail and Dune Buggy ATVs and side by sides are not
included.
11. Towable: To include but not limited to; towable light towers, trailer mounted centrifugal
pumps, pull behind generators and air compressors.
4.2. Training
1.
If requested by the Eligible Agency, the contractor shall provide, at no additional cost, on-
site training to ensure proper use of equipment.
2.
In lieu of face-to-face training, the Eligible Agency may request the contractor to provide
copies of any existing training materials, which cover the inspection, service, and
operation of purchased equipment.
3.
Training shall be conducted by qualified representative(s) that have a high level of
knowledge and experience relating to the type of equipment offered or purchased and
experience in performing such training.
4.
Scheduling Training: The Eligible agency shall be responsible for scheduling training. When
an Eligible Agency places an order and training will be required, the Agency may designate
a point of contact for any training coordination.
5.
The training shall contain the following information:
Technical Manuals
Vehicle/Equipment Familiarization
Engine
Transmission
Brakes And Air Supply System
Body And Components
Hydraulic Systems
SCOPE OF WORK
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 6 of 32
Procurement
Complete Electrical Components
Calibration Systems
6.
Operator and Mechanic Training: Operator training shall focus on the operation of
equipment, daily inspections, as well as, minor adjustments and shall be conducted at the
location requested by Eligible Agency. Mechanic training shall focus on the operations,
routine/preventive maintenance and repair troubleshooting of equipment and shall be
conducted at the location requested by Eligible Agency. The contractor will be notified of
these locations when the Eligible Agency schedules the training.
6.1 Operator Training. At completion of training session the attending equipment operators
shall be able to:
Describe the operating capabilities and any special features present on the
equipment.
Identify all control devices to the equipment model.
Describe the proper/safe techniques to use for transporting the equipment
including loading and tie-down.
Use the Operator’s Manual to identify:
Special safety considerations that include cautions and warnings applicable to
the operation of the equipment
Manufacturer’s recommended preventive maintenance service intervals and
procedures including pre- and post-operational inspection and service
requirements.
Demonstrate on the equipment:
The ability to identify inspection and service points.
Proper/safe start-up and shutdown procedures.
Proper/safe use of all controls.
6.2 Mechanic Training. At the completion of these training sessions, the attending
technicians will be able to:
1.
Describe the primary equipment systems design features, function and
capabilities.
2.
Identify the primary equipment systems component location and function.
3.
Use manufacturer’s reference literature and materials to identify.
4.
Manufacturer’s Preventive Maintenance service intervals and procedures.
5.
Recommended system diagnostic procedures and repair processes.
6.
Representative component part numbers and nomenclature.
SCOPE OF WORK
Solicitation No: BPM# BPM004560
Available online at
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7.
Demonstrate on the equipment, the use of specified diagnostic procedures and
appropriate tools/devices to diagnose the most likely primary equipment
system failures and describe the procedures that would be required to repair
these failures.
4.3. Manuals: A digital version or hard copy of all manuals may be provided for an additional fee to
the eligible agencies if requested. The manual fee(s) will be quoted at the time of the estimate.
The contractor shall provide either electronic or hard copy manual(s) as requested by the
eligible agency:
Operator’s Manuals, per unit ordered.
Parts Manual, per unit ordered.
Service and Repair Manual, per unit ordered.
Overhaul Manual, per unit ordered.
Cross reference guide from manufactures (part numbers to their suppliers part
numbers), per unit ordered.
4.3.1. If Applicable, the Contractor shall include wiring diagrams, Hydraulic / Pneumatic
Schematics (for basic machine and engine) as part of the manual documentation and must be
delivered to the Eligible Agency if requested.
4.4. Up-fit / Modifications
4.4.1. The Eligible Agency may request the Contractor(s) to up-fit/modify any vehicle or
equipment for specific organizational needs. Other vehicles or equipment may
require interior and/or exterior modifications per the individual Eligible Agency.
4.4.2. The Eligible Agency will supply all up-fit/modification requests to the Contractor.
The Contractor shall identify any conditions that apply to the up-fit/modification
on a quotation to the Eligible Agency for review before any work commences.
4.5. Estimates: All products shall be quoted from the most current product line offered on
manufactured website.
4.5.1
A written or electronic quote that includes parts, materials, and estimated delivery
time shall be provided to the eligible agency prior to commencement of delivery of
goods. Quote shall contain the following at a minimum:
Manufacturer Part number
Description
MSRP
Contracted Price (Showing Discount)
SCOPE OF WORK
Solicitation No: BPM# BPM004560
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4.6. Pricing Structure
4.6.1. Contract prices shall be in the form of a fixed percentage of discounts off the most
recent Manufacturers Suggested Retail Price (MSRP) part of the contract. The
published price list may be in the form of an Internet website. The internet website
shall include at a minimum, part numbers and descriptions (Photos Optional) of all
contracted products or groups of products. Real-time MSRP may be used at the time
that the estimate is issued as long as the MSRP is published and available for the
eligible agency to review.
4.6.2. The contractor shall honor the quoted MSRP with applicable discounts for a
minimum of 30 days.
4.6.3. Economic Surcharges: Any manufacturer imposed surcharges shall be listed on the
estimate and acceptance of charges shall be determined by the eligible agency.
4.7. Warranty
4.7.1. Contractor shall be responsible for all warranty work. In addition, the Contractor
shall have an authorized repair dealer located in Arizona that will accomplish or
coordinate any necessary warranty work.
4.7.2. The minimum warranty shall be One (1) year or manufacture/industry standard
warranty whichever is greater.
4.7.3. The warranty period on workmanship and materials shall be based on a minimum of
twelve (12) months from the time of acceptance by the eligible agency unless
otherwise agreed to in writing.
5. Contractor’s Responsibilities
5.1. Contractor’s Best Pricing. Supplier warrants that, for the term of the Contract, the prices and
discounts awarded will be equal to or better than the lowest prices the contractor sells to an
equivalent entity.
6. Department’s Responsibilities
6.1. Inspection & Acceptance: The eligible agency shall have ten (10) business days (excluding any
state holidays) to complete the inspection and acceptance of equipment. The eligible agency
shall not unreasonably withhold acceptance.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM# BPM004560
Available online at
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1. CONTRACT TERM
The term of any resultant contract shall commence on the effective day of award and shall continue for
a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise
provided herein.
2. CONTRACT EXTENSION
By mutual written contract amendment, any resultant contract may be extended for supplemental
periods of up to a maximum of forty-eight (48) months.
3. ELIGIBLE AGENCIES
This contract shall be for the use of all State of Arizona departments, agencies and boards. In addition,
eligible universities, political subdivisions and nonprofit educational or public health institutions may
participate at their discretion. In order to participate in any resultant contract, a university, political
subdivision or nonprofit educational or public health institution must have entered into a cooperative
purchasing agreement with the State Procurement Office as required by Arizona Revised Statutes §41-
2632.
4. NON-EXCLUSIVE CONTRACT
This contract shall be for the sole convenience of the Department. The Department reserves the right to
obtain like goods or services from another source when necessary. The Off-Contract Purchase
Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.
5. ORDERING PROCESS
The Department shall issue a purchase order to the Contractor. Each purchase order must cite the
contract number. This purchase order shall be the only document required for the Department to order
and the Contractor to deliver the material and/or service.
Any attempts to represent any material and/or service not specifically awarded as being under contract
is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject
to the legal and contractual remedies available to the State inclusive of but not limited to contract
cancellation, suspension and/or debarment of the Contractor.
6. SHIPPING TERMS
Delivery shall be F.O.B. Destination to the location designated herein. Contractor shall retain title and
control of all goods until they are delivered. All risk of transportation and related charges shall be the
responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the
Contractor. The Department will notify the Contractor promptly of any damaged goods and shall assist
the Contractor in arranging for inspection.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM# BPM004560
Available online at
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7. DELIVERY
Deliveries shall be completed In accordance with the requirements of the contract.
Delivery of the product does not constitute acceptance.
8. INSPECTION AND ACCEPTANCE
Each item delivered shall be subject to a complete inspection by the Department within Ten (10) days after
delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications,
workmanship, quality and materials.
If the delivered product is not accepted and returned for corrective action, an additional fifteen (15)
calendar days shall be allowed for inspection of the corrected or replacement product.
The Contractor shall be responsible for the transport of the material to and from the Department for the
correction of items or workmanship not in compliance with the specifications.
Product returned for corrective action may delay payment. Invoices will be processed for payment only
after the product is accepted.
9. INVOICING and PAYMENT
Contractor shall submit all billing notices or invoices to the ordering Eligible Agency or Co-Op Buyer at
the address indicated on the applicable Order document.
Separate invoices are required for each shipment of product or delivery of service and shall include at a
minimum:
Department Location’s Name and Address
Vendor Name, Remit to Address and Contact Information
Contract Number
Purchase Order Number
Invoice Number and Date
Date the items were shipped to the Department
Contract Line Item Number
Line Item Description or Item or Service
Quantity Purchased
Line Item Unit of Measure
Price per Unit and Total per Unit
Catalog or Other Discount (if applicable)
Net Unit Price and Total per Unit (if applicable)
Applicable taxes
Applicable Shipping/Freight Charges(inbound freight only)
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM# BPM004560
Available online at
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Total Invoice Amount Due
Invoices not sent to the proper address, or not containing the necessary and required information may
delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim
against the Department or the State for late or finance charges.
The Department will make every effort to process payment for the purchase of product within thirty (30)
calendar days after the Department has conducted the necessary reviews, inspections and acceptance as
described herein.
The Department acceptance date will be the valid date for starting the thirty (30) calendar day payment
period.
Payment due dates, including discount periods, will be computed from the date of acceptance or date of
correct invoice (whichever is later) to the date the Department’s warrant is mailed.
Purchasing Card. Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or all Orders
using a purchasing card. Any and all fees related to payment using a Purchasing Card are the
responsibility of Contractor. Unless otherwise stated in the Contract there will be no additional fees or
increase in prices associated with this method of payment.
10.
ESTIMATED USAGE
The Department anticipates considerable usage under this contract. The Department reserves the right
to increase or decrease actual quantities ordered as circumstances may require. No guarantees are
made concerning actual purchases under this contract.
11. PRICE REDUCTION
A price reduction adjustment may be offered at any time during the term of a contract and shall become
effective upon notice through a written contract amendment.
12. PRICE INCREASE
The Department will review fully documented requests for price increases for any contract which will or
has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to
the contract renewal date. The Contractor shall provide fully documented information which supports
the price increase request. Fully documented means that the request shall present detailed information
and calculations that make it clear how the claimed increase has an impact on the contract unit prices.
All assumptions regarding cost factors that have an impact on the requested increase shall also be
clearly identified and justified. The requested price increase must be based upon a cost increase that
was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the
item concerned. Any price increase adjustment request prior to the time of contract extension will be a
factor in the extension review process. The Department will determine whether the requested price
SPECIAL TERMS AND CONDITIONS
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increase or an alternate option, is in the best interest of the State. A price increase request will only be
required if a reduced discount percentage revision is being requested.
13. SAFETY STANDARDS
Items supplied under this contract shall comply with all current applicable safety standards and
regulations including the Occupational Safety and Health Administration (OSHA), US Environmental
Protection Agency (EPA), Federal Motor Vehicle Safety Standards (FMVSS), Industrial Commission of
Arizona (ICA), and Arizona Motor Vehicle Division (MVD) regulations, as well as, all other industry
standards, including the National Electric Code and the National Fire Protection Association.
14. WARRANTY
The Contractor warrants:
1. That all services performed hereunder shall conform to the requirements of this contract and shall be
performed by qualified personnel in accordance with the highest professional standards.
2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free
from defects in design materials and workmanship. Any defects of design, workmanship or materials shall
be fully corrected by the Contractor (including parts and labor) without cost to the Department.
3. The manufacturer’s warranty period on workmanship and materials shall be based on a minimum of
twelve (12) months from the time of acceptance by the eligible agency unless otherwise agreed to in
writing.
15. CURRENT PRODUCTS
All products supplied under this contract shall be in current and ongoing production; shall have been
formally announced for general marketing purposes; shall be a model or type currently functioning in a user
(paying customer) environment and capable of meeting or exceeding all specifications and requirements set
forth in the contract.
16. PRODUCT DISCONTINUANCE
In the event that a product or model is discontinued by the manufacturer, the Department at its sole
discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor
shall request authorization to substitute a new product or model and provide the following:
1.
A formal announcement from the manufacturer that the product or model has been
discontinued.
2.
Documentation from the manufacturer that names the replacement product or model.
SPECIAL TERMS AND CONDITIONS
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3.
Documentation that provides clear and convincing evidence that the replacement meets or
exceeds all specifications required by the original solicitation.
4.
Documentation that provides clear and convincing evidence that the replacement will be
compatible with all the functions or uses of the discontinued product or model.
5.
Documentation confirming that the price for the replacement is the same as or less than the
discontinued product or model.
17. CONTRACT ADMINISTRATION
The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of
contract interpretation or questions regarding the terms, conditions or scope of the contract.
18. NOTICES
All notices, requests, demands, consents, approvals, and other communications which may or are
required to be served or given hereunder (for the purposes of this provisions collectively called
“Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested,
or by any other method that provides evidence of receipt, addressed to the party or parties to receive
such notice as follows:
a. If intended for the State, to:
Arizona Department of Transportation, Procurement Group
1739 W. Jackson Street, MD 100P
Phoenix, Arizona 85007-3276
b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor
profile.
Or to such other address as either party may from time to time furnish in writing to the other by notice
hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is
received as shown on the return receipt. Furthermore, such notice may be given by delivering personally
such notice, if intended for the State, to the Arizona Department of Transportation, Procurement Officer
and, if intended for the Contractor, to the person named on the Offer and Contract Award of this
contract, or to such other person as either party may from time to time furnish in writing to the other by
notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice
is personally delivered to the other party.
19. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY
This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the
supervision of the Contractor or subcontractors is found to be in possession of weapons.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM# BPM004560
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Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any
other instrument designed for lethal or disabling use) is prohibited on ADOT property.
Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the
Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are
advised that failure to comply with such a request shall result in cancellation of the contract and anyone
who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass
in the third degree; classification."
20. 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.
21. INSURANCE
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.
21.1 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.
SPECIAL TERMS AND CONDITIONS
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21.2 Minimum Scope and Limits of Insurance Contractor shall provide coverage with limits of liability
not less than those stated below.
21.2.1 Commercial General Liability (CGL) – Occurrence Form Policy shall include bodily injury, property
damage, and broad form contractual liability coverage.
• General Aggregate $2,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Damage to Rented Premises $50,000
• Each Occurrence $1,000,000
a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona,
and its departments, agencies, boards, commissions, universities, officers, officials, agents, and
employees as additional insureds with respect to liability arising out of the activities performed by or on
behalf of the Contractor.
b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed by or on behalf of the
Contractor.
21.2.2 Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or
nonowned automobiles used in the performance of this Contract.
• Combined Single Limit (CSL) $1,000,000
a. Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and
its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees
as additional insureds with respect to liability arising out of the activities performed by, or on behalf of,
the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.
b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed by or on behalf of the
Contractor. 23.3.3 Workers’ Compensation and Employers' Liability
• Workers' Compensation Statutory
• Employers' Liability
SPECIAL TERMS AND CONDITIONS
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o Each Accident $1,000,000
o Disease – Each Employee $1,000,000
o Disease – Policy Limit $1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in
favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed by or on behalf of the
Contractor.
b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. §
23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole
Proprietor or Independent Contractor).
21.3 Additional Insurance Requirements The policies shall include, or be endorsed to include, as
required by this written agreement, the following provisions:
21.3.1 The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor
shall be primary and that any insurance carried by the Department, its agents, officials, employees or
the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41-621 (E).
21.3.2 Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the
indemnification provisions of this Contract.
21.4 Notice of Cancellation Applicable to all insurance policies required within the Insurance
Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended,
be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the
State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of
Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially
changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the
Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State
Representative’s Name, Address & Fax Number).
21.5 Acceptability of Insurers Contractor’s insurance shall be placed with companies licensed in the
State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of
Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The
State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency.
21.6 Verification of Coverage Contractor shall furnish the State of Arizona with certificates of insurance
(valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the
SPECIAL TERMS AND CONDITIONS
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insurance as required by this Contract. An authorized representative of the insurer shall sign the
certificates.
21.6.1 All such certificates of insurance and policy endorsements must be received by the State before
work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not
comply with this written agreement shall not waive or otherwise affect the requirements of this
agreement.
21.6.2 Each insurance policy required by this Contract must be in effect at, or prior to, commencement
of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to
provide evidence of renewal, is a material breach of contract.
21.6.3 The certificate shall state that the insurance applies to any and all work performed for or on the
behalf of the State of Arizona/ADOT. 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.
21.7 Subcontractors Contractor’s certificate(s) shall include all subcontractors as insureds under its
policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have
valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance
Requirements identified above. The Department reserves the right to require, at any time throughout
the life of the Contract, proof from the Contractor that its subcontractors have the required coverage.
21.8 Approval and Modifications The Contracting Agency, in consultation with State Risk, reserves the
right to review or make modifications to the insurance limits, required coverages, or endorsements
throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract
amendment but may be made by administrative action.
21.9 Exceptions In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance
Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the
Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none
of the above shall apply.
22. USAGE REPORT
The Contractor shall furnish Two (2) Usage reports, the first to the Department on a quarterly basis
showing purchasing activity under this contract. This usage report shall be provided in a form
substantially equivalent to Exhibit 03. Usage reports shall be submitted to the Procurement Officer no
later than 30 days after the end of each quarter.
Usage report quarters shall be defined as follows:
January through March – Report due April 30
SPECIAL TERMS AND CONDITIONS
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April through June – Report due July 30
July through September – Report due October 30
October through December – Report due January 30
Contractor shall submit the second to the State documenting all Contract sales to both Eligible Agencies
and Co-Op Buyers, itemized separately. A Quarterly Usage Report shall still be submitted; even if there
have been no sales to either Eligible Agencies and/or Co-Op Buyers. Contractor shall further itemize
divisions, groups or areas within a given Eligible Agency if they place Orders independently of each
other. Failure to submit the report is a material breach of contract, and will entitle State to its remedies
under Article 8 and its right to terminate for default under Article 9. Contractor shall submit the report
using the forms and following the instructions on the State Procurement Office website:
https://spo.az.gov/contractor-resources/statewide-contracts-administrative-fee
23. LICENSES, PERMITS, CERTIFICATIONS
Contractor, at their expense, shall maintain in current status without any violations, complaints, or
suspensions during the term of this contract all Federal, State and Local licenses, permits and
certifications required for the operation of a business conducted by the Contractor.
24. CO-OP USAGE
Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling Materials to or
providing Services for them under the Contract. The current list of Co-Op Buyers is available on the State
Procurement Office website:
https://spo.az.gov/contractor-resources/statewide-contracts-administrative-fee
Contractor shall sell to Co-Op Buyers at the same price, and with the same lead times and other terms
and conditions under which it sells to Eligible Agencies. With the sole exception of any legitimate
additional costs for extraordinary shipping, or delivery requirements, if the Co-Op Buyer is having
Materials delivered or installed or Services performed at locations not contemplated in the contracted
pricing (e.g. delivery to a location outside Arizona).
Contractor shall acknowledge each Order from Co-Op Buyers in conformance with each buyer’s
instructions given at the time of ordering or in any supplemental participating agreement Contractor
might have with them. Orders from Co-Op Buyers create no obligation on State’s part, since they are
entirely between the Co-Op Buyer and Contractor. That notwithstanding, Contractor’s obligation under
the Contract is to service Co-Op Buyers commercially as though they were with an Eligible Agency, and
Contractor’s refusal to do so would be a material breach of the Contract.
25. SERIAL NUMBERS
SPECIAL TERMS AND CONDITIONS
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Equipment supplied under this contract must contain an original manufacturer’s serial number. Serial
number may not be altered in any way. Throughout the contract term, the Department reserves the
right to reject any altered equipment.
26. POST AWARD MEETING
At the discretion of the Department, the Contractor, at their expense, shall attend and participate in
post award meetings as scheduled by the Procurement Officer.
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM# BPM004560
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1.
Definition of Terms
As used in this Solicitation and any resulting Contract, the terms listed below are defined as
follows:
1.1.
“Attachment” means any item the Solicitation requires the Offeror to submit as part of
the Offer.
1.2.
“Contract” means the combination of the Solicitation, including the Uniform and Special
Instructions to Offerors, the Uniform and Special Terms and Conditions, and the
Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers;
and any Solicitation Amendments or Contract Amendments.
1.3.
"Contract Amendment" means a written document signed by the Procurement Officer
that is issued for the purpose of making changes in the Contract.
1.4.
“Contractor” means any person who has a Contract with the State.
1.5.
“Days” means calendar days unless otherwise specified.
1.6.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the
Exhibits section of the Solicitation.
1.7.
“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.
1.8.
“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.
1.9.
“Procurement Officer” means the person, or his or her designee, duly authorized by the
State to enter into and administer Contracts and make written determinations with
respect to the Contract.
1.10.
“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.
1.11.
“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 material or any service required for the
performance of the Contract.
1.12.
“State” means the State of Arizona and Department or Agency of the State that
executes the Contract.
1.13.
“State Fiscal Year” means the period beginning with July 1 and ending June 30.
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
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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;
2.3.7. Documents referenced or included in the Solicitation.
2.4.
Relationship of Parties. The Contractor under this Contract is an independent
Contractor. Neither party to this Contract shall be deemed to be the employee or agent
of the other party to the Contract.
2.5.
Severability. The provisions of this Contract are severable. Any term or condition
deemed illegal or invalid shall not affect any other term or condition of the Contract.
2.6.
No Parole Evidence. This Contract is intended by the parties as a final and complete
expression of their agreement. No course of prior dealings between the parties and no
usage of the trade shall supplement or explain any terms used in this document and no
other understanding either oral or in writing shall be binding.
2.7.
No Waiver. Either party’s failure to insist on strict performance of any term or condition
of the Contract shall not be deemed a waiver of that term or condition even if the party
accepting or acquiescing in the nonconforming performance knows of the nature of the
performance and fails to object to it.
3.
Contract Administration and Operation
3.1.
Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall
contractually require each subcontractor to retain all data and other “records” relating
to the acquisition and performance of the Contract for a period of five years after the
completion of the Contract. All records shall be subject to inspection and audit by the
State at reasonable times. Upon request, the Contractor shall produce a legible copy of
any or all such records.
3.2.
Non-Discrimination. The Contractor shall comply with State Executive Order No. 2009-
09 and all other applicable Federal and State laws, rules and regulations, including the
Americans with Disabilities Act.
3.3.
Audit. Pursuant to ARS § 35-214, at any time during the term of this Contract and five
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(5) years thereafter, the Contractor’s or any subcontractor’s books and records shall be
subject to audit by the State and, where applicable, the Federal Government, to the
extent that the books and records relate to the performance of the Contract or
Subcontract.
3.4.
Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its
facilities, subcontractor facilities and the Contractor’s processes or services, at
reasonable times for inspection of the facilities or materials covered under this Contract.
The State shall also have the right to test, at its own cost, the materials to be supplied
under this Contract. Neither inspection of the Contractor’s facilities nor materials
testing shall constitute final acceptance of the materials or services. If the State
determines non-compliance of the materials, the Contractor shall be responsible for the
payment of all costs incurred by the State for testing and inspection.
3.5.
Notices. Notices to the Contractor required by this Contract shall be made by the State
to the person indicated on the Offer and Acceptance form submitted by the Contractor
unless otherwise stated in the Contract. Notices to the State required by the Contract
shall be made by the Contractor to the Solicitation Contact Person indicated on the
Solicitation cover sheet, unless otherwise stated in the Contract. An authorized
Procurement Officer and an authorized Contractor representative may change their
respective person to whom notice shall be given by written notice to the other and an
amendment to the Contract shall not be necessary.
3.6.
Advertising, Publishing and Promotion of Contract. The Contractor shall not use,
advertise or promote information for commercial benefit concerning this Contract
without the prior written approval of the Procurement Officer.
3.7.
Property of the State. Any materials, including reports, computer programs and other
deliverables, created under this Contract are the sole property of the State. The
Contractor is not entitled to a patent or copyright on those materials and may not
transfer the patent or copyright to anyone else. The Contractor shall not use or release
these materials without the prior written consent of the State.
3.8.
Ownership of Intellectual Property. Any and all intellectual property, including but not
limited to copyright, invention, trademark, trade name, service mark, and/or trade
secrets created or conceived pursuant to or as a result of this contract and any related
subcontract (“Intellectual Property”), shall be work made for hire and the State shall be
considered the creator of such Intellectual Property. The agency, department, division,
board or commission of the State of Arizona requesting the issuance of this contract
shall own (for and on behalf of the State) the entire right, title and interest to the
Intellectual Property throughout the world. Contractor shall notify the State, within
thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s).
Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all
document(s) necessary to assure ownership of the Intellectual Property vests in the
State and shall take no affirmative actions that might have the effect of vesting all or
part of the Intellectual Property in any entity other than the State. The Intellectual
Property shall not be disclosed by contractor or its subcontractor(s) to any entity not the
State without the express written authorization of the agency, department, division,
board or commission of the State of Arizona requesting the issuance of this contract.
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3.9.
Federal Immigration and Nationality Act. The contractor shall comply with all federal,
state and local immigration laws and regulations relating to the immigration status of
their employees during the term of the contract. Further, the contractor shall flow down
this requirement to all subcontractors utilized during the term of the contract. The State
shall retain the right to perform random audits of contractor and subcontractor records
or to inspect papers of any employee thereof to ensure compliance. Should the State
determine that the contractor and/or any subcontractors be found noncompliant, the
State may pursue 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 contractor.
3.10
E-Verify Requirements. In accordance with A.R.S. § 41-4401, Contractor warrants
compliance with all Federal immigration laws and regulations relating to employees and
warrants its compliance with Section A.R.S. § 23-214, Subsection A.
3.11
Offshore Performance of Work Prohibited.
Any services that are described in the specifications or scope of work that directly serve
the State of Arizona or its clients and involve access to secure or sensitive data or
personal client data shall be performed within the defined territories of the United
States. Unless specifically stated otherwise in the specifications, this paragraph 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.
4.
Costs and Payments
4.1.
Payments. Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net
30 days. Upon receipt and acceptance of goods or services, the Contractor shall submit
a complete and accurate invoice for payment from the State within thirty (30) days.
4.2.
Delivery. Unless stated otherwise in the Contract, all prices shall be F.O.B. Destination
and shall include all freight delivery and unloading at the destination.
4.3.
Applicable Taxes.
4.3.1. Payment of Taxes. The Contractor shall be responsible for paying all applicable
taxes.
4.3.2. State and Local Transaction Privilege Taxes. The State of Arizona is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes
apply to the sale and are the responsibility of the seller to remit. Failure to
collect such taxes from the buyer does not relieve the seller from its obligation
to remit taxes.
4.3.3. Tax Indemnification. Contractor and all subcontractors shall pay all Federal,
state and local taxes applicable to its operation and any persons employed by
the Contractor. Contractor shall, and require all subcontractors to hold the
State harmless from any responsibility for taxes, damages and interest, if
applicable, contributions required under Federal, and/or state and local laws
and regulations and any other costs including transaction privilege taxes,
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unemployment compensation insurance, Social Security and Worker’s
Compensation.
4.3.4. IRS W9 Form. In order to receive payment the Contractor shall have a current
I.R.S. W9 Form on file with the State of Arizona, unless not required by law.
4.4.
Availability of Funds for the Next State fiscal year. Funds may not presently be available
for performance under this Contract beyond the current state fiscal year. No legal
liability on the part of the State for any payment may arise under this Contract beyond
the current state fiscal year until funds are made available for performance of this
Contract.
4.5.
Availability of Funds for the current State fiscal year. Should the State Legislature enter
back into session and reduce the appropriations or for any reason and these goods or
services are not funded, the State may take any of the following actions:
4.5.1.
Accept a decrease in price offered by the contractor;
4.5.2.
Cancel the Contract; or
4.5.3.
Cancel the contract and re-solicit the requirements.
5.
Contract Changes
5.1.
Amendments. This Contract is issued under the authority of the Procurement Officer
who signed this Contract. The Contract may be modified only through a Contract
Amendment within the scope of the Contract. Changes to the Contract, including the
addition of work or materials, the revision of payment terms, or the substitution of work
or materials, directed by a person who is not specifically authorized by the procurement
officer in writing or made unilaterally by the Contractor are violations of the Contract and
of applicable law. Such changes, including unauthorized written Contract Amendments
shall be void and without effect, and the Contractor shall not be entitled to any claim
under this Contract based on those changes.
5.2.
Subcontracts. The Contractor shall not enter into any Subcontract under this Contract for
the performance of this contract without the advance written approval of the
Procurement Officer. The Contractor shall clearly list any proposed subcontractors and
the subcontractor’s proposed responsibilities. The Subcontract shall incorporate by
reference the terms and conditions of this Contract.
5.3.
Assignment and Delegation. The Contractor shall not assign any right nor delegate any
duty under this Contract without the prior written approval of the Procurement Officer.
The State shall not unreasonably withhold approval.
6.
Risk and Liability
6.1.
Risk of Loss: The Contractor shall bear all loss of conforming material covered under this
Contract until received by authorized personnel at the location designated in the
purchase order or Contract. Mere receipt does not constitute final acceptance. The risk
of loss for nonconforming materials shall remain with the Contractor regardless of
receipt.
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6.2.
Indemnification
6.2.1.
Contractor/Vendor Indemnification (Not Public Agency) The parties to this
contract agree that the State of Arizona, its departments, agencies, boards and
commissions shall be indemnified and held harmless by the contractor for the
vicarious liability of the State as a result of entering into this contract. However,
the parties further agree that the State of Arizona, its departments, agencies,
boards and commissions shall be responsible for its own negligence. Each party
to this contract is responsible for its own negligence.
6.2.2.
Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify,
defend, and hold harmless the other party (as 'indemnitee') from and against
any and all claims, losses, liability, costs, or expenses (including reasonable
attorney's fees) (hereinafter collectively referred to as 'claims') arising out of
bodily injury of any person (including death) or property damage but only to the
extent that such claims which result in vicarious/derivative liability to the
indemnitee, are caused by the act, omission, negligence, misconduct, or other
fault of the indemnitor, its officers, officials, agents, employees, or volunteers."
6.3.
Indemnification - Patent and Copyright. The Contractor shall indemnify and hold
harmless the State against any liability, including costs and expenses, for infringement of
any patent, trademark or copyright arising out of Contract performance or use by the
State of materials furnished or work performed under this Contract. The State shall
reasonably notify the Contractor of any claim for which it may be liable under this
paragraph. If the contractor is insured pursuant to A.R.S. § 41-621 and § 35-154, this
section shall not apply.
6.4.
Force Majeure.
6.4.1
Except for payment of sums due, neither party shall be liable to the other nor
deemed in default under this Contract if and to the extent that such party’s
performance of this Contract is prevented by reason of force majeure. The term
“force majeure” means an occurrence that is beyond the control of the party
affected and occurs without its fault or negligence. Without limiting the
foregoing, force majeure includes acts of God; acts of the public enemy; war;
riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; lockouts;
injunctions-intervention-acts; or failures or refusals to act by government
authority; and other similar occurrences beyond the control of the party
declaring force majeure which such party is unable to prevent by exercising
reasonable diligence.
6.4.2. Force Majeure shall not include the following occurrences:
6.4.2.1. Late delivery of equipment or materials caused by congestion at a
manufacturer’s plant or elsewhere, or an oversold condition of the
market;
6.4.2.2. Late performance by a subcontractor unless the delay arises out of a
force majeure occurrence in accordance with this force majeure term
and condition; or
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6.4.2.3. Inability of either the Contractor or any subcontractor to acquire or
maintain any required insurance, bonds, licenses or permits.
6.4.3. If either party is delayed at any time in the progress of the work by force
majeure, the delayed party shall notify the other party in writing of such delay,
as soon as is practicable and no later than the following working day, of the
commencement thereof and shall specify the causes of such delay in such
notice. Such notice shall be delivered or mailed certified-return receipt and
shall make a specific reference to this article, thereby invoking its provisions.
The delayed party shall cause such delay to cease as soon as practicable and
shall notify the other party in writing when it has done so. The time of
completion shall be extended by Contract Amendment for a period of time
equal to the time that results or effects of such delay prevent the delayed party
from performing in accordance with this Contract.
6.4.4. Any delay or failure in performance by either party hereto shall not constitute
default hereunder or give rise to any claim for damages or loss of anticipated
profits if, and to the extent that such delay or failure is caused by force majeure.
6.5.
Third Party Antitrust Violations. The Contractor assigns to the State any claim for
overcharges resulting from antitrust violations to the extent that those violations
concern materials or services supplied by third parties to the Contractor, toward
fulfillment of this Contract.
7.
Warranties
7.1.
Liens. The Contractor warrants that the materials supplied under this Contract are free
of liens and shall remain free of liens.
7.2.
Quality. Unless otherwise modified elsewhere in these terms and conditions, the
Contractor warrants that, for one year after acceptance by the State of the materials,
they shall be:
7.2.1. Of a quality to pass without objection in the trade under the Contract
description;
7.2.2. Fit for the intended purposes for which the materials are used;
7.2.3. Within the variations permitted by the Contract and are of even kind, quantity,
and quality within each unit and among all units;
7.2.4. Adequately contained, packaged and marked as the Contract may require; and
7.2.5. Conform to the written promises or affirmations of fact made by the Contractor.
7.3.
Fitness. The Contractor warrants that any material supplied to the State shall fully
conform to all requirements of the Contract and all representations of the Contractor,
and shall be fit for all purposes and uses required by the Contract.
7.4.
Inspection/Testing. The warranties set forth in subparagraphs 7.1 through 7.3 of this
paragraph are not affected by inspection or testing of or payment for the materials by
the State.
7.5.
Compliance With Applicable Laws. The materials and services supplied under this
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Contract shall comply with all applicable Federal, state and local laws, and the
Contractor shall maintain all applicable license and permit requirements.
7.6.
Survival of Rights and Obligations after Contract Expiration or Termination.
7.6.1. Contractor's Representations and Warranties. All representations and
warranties made by the Contractor under this Contract shall survive the
expiration or termination hereof. In addition, the parties hereto acknowledge
that pursuant to A.R.S. § 12-510, except as provided in A.R.S. § 12-529, the
State is not subject to or barred by any limitations of actions prescribed in
A.R.S., Title 12, Chapter 5.
7.6.2. Purchase Orders. The Contractor shall, in accordance with all terms and
conditions of the Contract, fully perform and shall be obligated to comply with
all purchase orders received by the Contractor prior to the expiration or
termination hereof, unless otherwise directed in writing by the Procurement
Officer, including, without limitation, all purchase orders received prior to but
not fully performed and satisfied at the expiration or termination of this
Contract.
8.
State's Contractual Remedies
8.1.
Right to Assurance. If the State in good faith has reason to believe that the Contractor
does not intend to, or is unable to perform or continue performing under this Contract,
the Procurement Officer may demand in writing that the Contractor give a written
assurance of intent to perform. Failure by the Contractor to provide written assurance
within the number of Days specified in the demand may, at the State’s option, be the
basis for terminating the Contract under the Uniform Terms and Conditions or other
rights and remedies available by law or provided by the contract.
8.2.
Stop Work Order.
8.2.1. The State may, at any time, by written order to the Contractor, require the
Contractor to stop all or any part, of the work called for by this Contract for
period(s) of days indicated by the State after the order is delivered to the
Contractor. The order shall be specifically identified as a stop work order issued
under this clause. Upon receipt of the order, the Contractor shall immediately
comply with its terms and take all reasonable steps to minimize the incurrence
of costs allocable to the work covered by the order during the period of work
stoppage.
8.2.2. If a stop work order issued under this clause is canceled or the period of the
order or any extension expires, the Contractor shall resume work. The
Procurement Officer shall make an equitable adjustment in the delivery
schedule or Contract price, or both, and the Contract shall be amended in
writing accordingly.
8.3.
Non-exclusive Remedies. The rights and the remedies of the State under this Contract
are not exclusive.
8.4.
Nonconforming Tender. Materials or services supplied under this Contract shall fully
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comply with the Contract. The delivery of materials or services or a portion of the
materials or services that do not fully comply constitutes a breach of contract. On
delivery of nonconforming materials or services, the State may terminate the Contract
for default under applicable termination clauses in the Contract, exercise any of its
rights and remedies under the Uniform Commercial Code, or pursue any other right or
remedy available to it.
8.5.
Right of Offset. The State shall be entitled to offset against any sums due the
Contractor, any expenses or costs incurred by the State, or damages assessed by the
State concerning the Contractor’s non-conforming performance or failure to perform
the Contract, including expenses, costs and damages described in the Uniform Terms
and Conditions.
9.
Contract Termination
9.1.
Cancellation for Conflict of Interest. Pursuant to A.R.S. § 38-511, the State may cancel
this Contract within three (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 the State 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 other party to this Contract with respect to the subject matter of the Contract. The
cancellation shall be effective when the Contractor receives written notice of the
cancellation unless the notice specifies a later time. If the Contractor is a political
subdivision of the State, it may also cancel this Contract as provided in A.R.S. § 38-511.
9.2.
Gratuities. The State may, by written notice, terminate this Contract, in whole or in
part, if the State determines that employment or a Gratuity was offered or made by the
Contractor or a representative of the Contractor to any officer or employee of the State
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 the making of any determination or decision about contract
performance. The State, in addition to any other rights or remedies, shall be entitled to
recover exemplary damages in the amount of three times the value of the Gratuity
offered by the Contractor.
9.3.
Suspension or Debarment. The State may, by written notice to the Contractor,
immediately terminate this Contract if the State determines that the Contractor has
been debarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as a
subcontractor of any public procurement unit or other governmental body. Submittal of
an offer or execution of a contract shall attest that the contractor is not currently
suspended or debarred. If the contractor becomes suspended or debarred, the
contractor shall immediately notify the State.
9.4.
Termination for Convenience. The State reserves the right to terminate the Contract, in
whole or in part at any time when in the best interest of the State, without penalty or
recourse. Upon receipt of the written notice, the Contractor shall stop all work, as
directed in the notice, notify all subcontractors of the effective date of the termination
and minimize all further costs to the State. In the event of termination under this
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paragraph, all documents, data and reports prepared by the Contractor under the
Contract shall become the property of and be delivered to the State upon demand. The
Contractor shall be entitled to receive just and equitable compensation for work in
progress, work completed and materials accepted before the effective date of the
termination. The cost principles and procedures provided in A.A.C. R2-7-701 shall apply.
9.5.
Termination for Default.
9.5.1. In addition to the rights reserved in the contract, the State may terminate the
Contract in whole or in part due to the failure of the Contractor to comply with
any term or condition of the Contract, to acquire and maintain all required
insurance policies, bonds, licenses and permits, or to make satisfactory progress
in performing the Contract. The Procurement Officer shall provide written
notice of the termination and the reasons for it to the Contractor.
9.5.2. Upon termination under this paragraph, all goods, materials, documents, data
and reports prepared by the Contractor under the Contract shall become the
property of and be delivered to the State on demand.
9.5.3. The State may, upon termination of this Contract, procure, on terms and in the
manner that it deems appropriate, materials or services to replace those under
this Contract. The Contractor shall be liable to the State for any excess costs
incurred by the State in procuring materials or services in substitution for those
due from the Contractor.
9.6.
Continuation of Performance Through Termination. The Contractor shall continue to
perform, in accordance with the requirements of the Contract, up to the date of
termination, as directed in the termination notice.
10.
Contract Claims
All contract claims or controversies under this Contract shall be resolved according to A.R.S. Title
41, Chapter 23, Article 9, and rules adopted thereunder.
11.
Arbitration
The parties to this Contract agree to resolve all disputes arising out of or relating to this contract
through arbitration, after exhausting applicable administrative review, to the extent required by
A.R.S. § 12-1518, except as may be required by other applicable statutes (Title 41).
12.
Comments Welcome
The State Procurement Office periodically reviews the Uniform Terms and Conditions and
welcomes any comments you may have. Please submit your comments to: State Procurement
Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona,
85007.
EXHIBIT 1
Title VI/Non-Discrimination Assurances
Appendix A
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During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts
and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, the Federal Highway Administration, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the work performance by it during the contract, will not
discriminate on the grounds of race, color, or national origin in the selection and retention of
subcontractors, including procurements of materials and leases of equipment. The contractor will not
participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program set forth in Appendix B of
49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,
either by competitive bidding, or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts
and Regulations relative to Non-discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by the Acts, the
Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the Recipient or the Federal
Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of a contractor is in the exclusive possession of another who
fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal
Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-discrimination
provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway
Administration ,may determine to be appropriate, including, but not limited to:
a.
withholding payments to the contractor under the contract until the contractor complies;
and/or
b.
cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in
every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,
the Regulations and directives issued pursuant thereto. The contractor will take action with request to any
subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor
becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such
direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the
Recipient. In addition, the contractor may request the United States to enter into the litigation to protect
the interests of the United States.
EXHIBIT 2
Title VI/Non-Discrimination Assurances
Appendix E
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During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes
and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin): and 49 CFR Part 21.
•
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601),
(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
•
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 etseq.), (prohibits discrimination on the basis of sex);
•
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination
on the basis of disability); and 49 CFR Part 27;
•
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the
basis of age);
•
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex);
•
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the
Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of
the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such
programs or activities are Federally funded or not);
•
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability
in the operation of public entities, public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
•
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
•
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-
Income Populations, which ensures discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
•
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and
resulting agency guidance, national origin discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
•
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because
of
sex
in
education
programs
or
activities
(20
U.S.C.
1687
et.
seq).
EXHIBIT 3
ADOT Quarterly Usage Report
Solicitation No: BPM# BPM004560
Available online at
https://app.az.gov/
Page 32 of 32
Procurement
•
This exhibit outlines the content required for the quarterly usage report. Usage reports will be submitted to the appropriate Procurement Officer in accordance
with the requirements specified in Special Terms and Conditions. The Department reserves the right to make additions, deletions and changes as deemed necessary.
Reporting Period:
Contract ID/Code:
Contact Name:
Alternate Contact Name:
Contract
Label/Description:
Contact Phone
Number:
Alternate Contact Phone
Number:
Contractor:
Contact Email:
Alternate Contact Email:
Contractor Address:
•
Agency/Org
/Unit
Customer
Name
Delivery
Address
PO
Number
or Identify
as “P-
Card”
Order
Date
Contract
Item
Number
Contract
Item
Description
Part/Product
Code
Quantity
Unit of
Measure
Contract
Unit
Price
Contract
Extended
Price
Invoice
Number