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05/10/2023
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
AMERIGAS PROPANE, L.P.
This Linking Agreement (“Agreement”) is entered into as of this day of , 2023, between the
City of Glendale, an Arizona municipal corporation (“City”), and AmeriGas Propane, L.P., a Pennsylvania
limited partnership, authorized to do business in Arizona (“Contractor”), collectively, the “Parties.”
RECITALS
A.
On November 17, 2022, under State of Arizona, the State of Arizona entered into a contract with
Contractor to purchase the goods and services described in the CTR063142 (“Cooperative
Purchasing Agreement”), which is attached hereto as Exhibit A. The Cooperative Purchasing
Agreement permits its cooperative use by other governmental agencies including the City.
B.
Section 2-149 of the City’s Procurement Code permits the Materials Manager to procure goods and
services by participating with other governmental units in cooperative purchasing agreements when
the best interests of the City would be served.
C.
Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements
without meeting the formal or informal solicitation and bid requirements of Glendale City Code
Sections 2-145 and 2-146.
D.
The City desires to contract with Contractor for supplies or services identical, or nearly identical, to
the supplies or services Contractor is providing other units of government under the Cooperative
Purchasing Agreement. Contractor consents to the City’s utilization of the Cooperative Purchasing
Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to
provide the supplies and services set forth in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated by reference, and
the covenants and promises contained in this Linking Agreement, the parties agree as follows:
1.
Term of Agreement. The City is purchasing supplies and/or services from Contractor pursuant to
the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement,
purchases can be made by governmental entities from the date of award, which was November 17,
2022, until the date the contract expires on November 16, 2023 unless the term of the Cooperative
Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The
Cooperative Purchasing Agreement, however, may not be extended beyond November 16, 2027.
The initial period of this Agreement, therefore, is the period from the Effective Date of this
Agreement until November 16, 2023. The City may renew the term of this Agreement for four (4)
annual extensions until the Cooperative Purchasing Agreement expires on November 16, 2027.
Glendale renewals are not automatic and shall only occur if the City gives the Contractor notice of
its intent to renew. The City may give the Contractor notice of its intent to renew this Agreement
30 days prior to the anniversary of the Effective Date to effectuate such renewal.
2
05/10/2023
2.
Scope of Work; Terms, Conditions, and Specifications.
A.
Contractor shall provide City the supplies and/or services identified in the Scope of Work
attached as Exhibit B.
B.
Contractor agrees to comply with all the terms, conditions and specifications of the
Cooperative Purchasing Agreement. Such terms, conditions and specifications are
specifically incorporated into and are an enforceable part of this Agreement.
3.
Compensation.
A.
City shall pay Contractor compensation at the same rate and on the same schedule as
provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C.
B.
The total purchase price for the supplies and/or services purchased under this Agreement
shall not exceed One Hundred Thousand dollars ($100,000.00) for the entire term of the
Agreement (initial term plus any renewals).
4.
Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511.
5.
Non-discrimination. Contractor must not discriminate against any employee or applicant for
employment on the basis of race, color, religion, sex, national origin, age, marital status, sexual
orientation, gender identity or expression, genetic characteristics, familial status, U.S. military veteran
status or any disability. Contractor will require any Sub-contractor to be bound to the same
requirements as stated within this section. Contractor, and on behalf of any subcontractors, warrants
compliance with this section.
6.
Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the
City prior to the Effective Date.
7.
E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of
A.R.S. § 41-4401.
8.
No Boycott of Israel. To the extent A.R.S § 35-393 through § 35-393.03 are applicable, the parties
hereby certify that they are not currently engaged in, and agree for the duration of the Agreement to
not engage in, a boycott of goods or services from Israel, as that term is defined in A.R.S § 35-393.
9.
Uyghur Forced Labor Prevention Act (UFLPA). Contractor certifies that it does not currently, and
during the term of this Agreement, will not use:
a.
the forced labor of ethnic Uyghurs in the People’s Republic of China;
b.
any goods or services produced by the forced labor of ethnic Uyghurs in the People’s
Republic of China; and
c.
any contractors, subcontractors or suppliers that use the forced labor or any goods
or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
10.
Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with
a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate
signed by an officer of Contractor with oversight responsibility.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
AMERIGAS PROPANE, L.P.
EXHIBIT A
CTR063142 Bulk Fuel and Bulk Fuel Propane
(49 pages)
OFFER AND ACCEPTANCE
OFFER
TO THE STATE OF ARIZONA:
The undersigned hereby offers and agrees to perform in compliance with all terms, conditions, specifications and
amendments of this solicitation and any written exceptions in the offer. Signature also acknowledges receipt of all
pages indicated in the Table of Contents.
AmeriGas Propane, LP.
Offeror (Company) Name
SignattirrcirP'e'fsori°Au'i:fiorized to Sign Offer
460 N. Gulph Rd.
Brian P. Grimm
8/26/2022
Address
Printed Name
Date
King of Prussia
PA
19406
Director- National Account Sales
City
State
Zip
Title
Andrew. Fedynyshyn@amerigas.co m
610-768-7608
Email Address
Phone Number
NationalAccountsTeam@amerigas.com
610-768-7630
Company Email Address
Fax Number
By signature in the Offer section above, the Offeror certifies that the submission of the Offer did not involve
collusion or other anticompetitive practices.
ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)
The Contractor is now bound to perform based upon Contract Number ___CTR063142___________
including all terms, conditions, specifications, amendments, etc., and the Contractor's offer as accepted by the state.
The Contractor is hereby cautioned not to commence any billable work or provide any material, service or construction under
this contract until contractor receives a purchase order document.
Solicitation No: BPM04763
State of Arizona
Effective this _17_ day of November 20 22
Procurement Officer
Available online at
https://app.az.gov
Awarded Date
Page 1 of 1
Rev04/2020
DocuSign Envelope ID: F5C6EE13-17E4-465C-8838-E7EEF0EA141B
11/17/2022
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: BPM004763
DESCRIPTION: Bulk Fuel and Bulk Fuel Propane
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.
Kim Matura
Procurement Officer
Phone: 602-712-7686
Email: kmatura@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: BPM004763
Available online at
https://app.az.gov/
Page 2 of 46
Procurement
SECTION
PAGE
Notice
1
Table of Contents
2
Scope of Work
3
Special Terms and Conditions
9
Uniform Terms and Conditions
19
EXHIBITS
1 - Title VI/Non-Discrimination Assurances Appendix A
28
2 - Title VI/Non-Discrimination Assurances Appendix E
30
3 – Quarterly Usage Report
32
4 – ADOT Fuel Tank Location and Annual Estimated Usage
33
5 – ADOC Fuel Tank Location and Annual Estimated Usage
44
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 3 of 46
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 Bulk Fuel and Bulk Fuel
Propane.
2. General Requirements
2.1. Bulk Fuel Delivery Method
2.1.1. The method of delivery is either “Tank Wagon” “Truck”, “Pump Truck” “Tanker Truck” or
“Truck/Trailer.” This has been determined by tank capacity, location of tanks and/or
frequency of deliveries for the smaller tanks before larger tanks can accept a sizeable load.
Customer shall communicate to contractor any special fitting needs.
2.1.2. Contractor shall be prepared, upon delivery, for pumping into above ground tanks if
designated by eligible agency.
2.1.3. Delivery before 1:00 pm if it is preferred by the eligible agency.
2.1.4. Ordered quantity versus delivered quantity. If there is a discrepancy with the quantity
ordered verses quantity delivered, the order pricing tier shall prevail. With the exception
that the eligible agency has insufficient space in the tank to deliver ordered quantity. If
insufficient space in the tank is noted, the Contractor will adjust the pricing tier as
necessary and communicate that to the eligible agency. Contractor shall make every
reasonable effort to deliver ordered quantity.
2.1.5. This contract is for the purchase of Bulk Fuel. Bulk Fuel is defined as 500 gallons or more.
500 gallons is limited to a combined fuel order per site. If a combined fuel type of 500
gallons of fuel is not ordered per site, the contractor may apply a special order quantity
fee. Any special order quantity fee to be noted at upon order and prior to delivery. The
special order quantity fee shall be listed on the Pricing Spreadsheet.
2.2. Bulk Fuel Delivery Ticket
2.2.1. A delivery ticket which delineates the Contractor’s name, address, type of fuel being
delivered, grade of fuel being delivered, and the fuel tank monitoring gage reading of the
site’s fuel tank prior to unloading and again once fuel has been loaded. The delivery ticket
shall be provided at the time of each delivery and left at the fuel site. A copy of the same
delivery ticket shall be emailed to the individual listed on the eligible agencies’ purchase
order within three (3) business days of delivery. The State shall only authorize payment for
the actual (net) quantity of fuel delivered to each site.
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 4 of 46
Procurement
a. Time and execution of deliveries for each county need to be completed before
seventy-two (72) hours of issuance of purchase order unless authorized by the eligible
agency.
3. ARIZONA DEPARTMENT OF TRANSPORTATION REQUIREMENTS
The following shall apply to the Arizona Department of Transportation (ADOT) only.
3.1. Northern locations designated by agencies require Winter Blended Diesel Fuel with a “pour
point additive” which will take it to (-40 or -20 degrees) below zero from October 1st to April
1st. Blending is to be done prior to delivery at these sites from October 1st to April 1st. Additive
type must be stated on delivery ticket.
3.2. Above-ground tanks may require the Contractor to provide pump with hose. The Contractor
must contact the eligible agency to verify before delivery.
3.3. Contractor must report spills within one (1) hour of the incident and any spill over one (1)
gallon is considered a reportable spill to the agency. The Contractor must report a spill to:
ADOT Fuel Systems Management at 602-712-6526 when spillage occurs. If spill occurs after
regular business hours, contact 602-712-6466.
4. ARIZONA DEPARTMENT OF CORRECTIONS REQUIREMENTS
The following shall apply to the Arizona Department of Corrections (DOC) only.
4.1. The State will require the implementation of a “Key Fill” Program to monitor the tank capacity
and ensure both Bulk Fuels and Bulk Fuel Propane tanks are always filled with their designated
fuels if the tank is measured below key.
4.2. Contraband – Arizona Department of Corrections
4.2.1. Any person who takes contraband into or out of, or attempts to take into or out of a
correctional facility or the grounds belonging to or adjacent to a correctional facility, any
item not specifically authorized by the correctional facility shall be prosecuted under the
provisions of the Arizona Revised Statutes. All personnel, including employees and visitors,
entering upon these confines are subject to routine searches of their person, vehicles,
property or packages.
4.2.2. Definition A.R.S §13-2501: Contraband means any dangerous drug, narcotic drug,
intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or any
other article whose use or possession would endanger the safety, security, or preservation
of order in a correctional facility or any person therein. (Any other article includes any
substance which could cause abnormal behavior, i.e. marijuana, non-prescription
medication, etc.)
4.3. PROMOTING PRISON CONTRABAND A.R.S. §13-2505
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 5 of 46
Procurement
4.3.1. A person, not otherwise authorized by law, commits promoting prison contraband:
a. By knowingly taking contraband into a correctional facility or the grounds of such
a facility.
b. By knowingly conveying contraband to any person confined in a correctional
facility.
c. By knowingly making, obtaining or possessing contraband while being confined
in a correctional facility.
d. Promoting prison contraband is a class 5 felony.
5. Fuel Specifications
5.1. Gasoline and Oxygenated Fuels
5.1.1. All Gasoline shall conform to American Society for Testing and Materials (ASTM) Standard
Specification D4814-01A for the State of Arizona and any ASTM revision thereafter, subject
to the rules, regulations and Clean Air Act waivers of the U.S Environmental Protection
Agency (EPA), and Arizona State Statutes which require the use of reformulated
oxygenated gasoline and specify maximum vapor pressures for certain areas.
5.1.2. All regular grade unleaded gasoline fuel shall have a minimum octane (RON plus MON/2)
of 87.
5.1.3. All oxygenated or blended fuels shall conform to the ASTM D4814 standard specifications
for the State of Arizona and meet any EPA waivers for oxygenated or blended fuels.
5.1.4. All fuels shall be blended for climatic conditions and local requirements at each delivery
site, i.e. summer/winter blends.
5.1.5. Fuel suppliers are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters listed in the Scope of Work and that subsequently cause damage to
the states fleet
5.2. Diesel Fuel
5.2.1. All diesel fuel shall conform to ASTM D975-02 standard specifications for No. 2 diesel fuel
for the State of Arizona and any ASTM revisions thereafter, and EPA’s Ultra Low Sulfur
Diesel (ULSD) fuel standards.
5.2.2. All fuels shall be blended for climatic conditions and local requirements at each delivery
site, i.e. summer/winter blends.
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 6 of 46
Procurement
5.2.3. Fuel suppliers are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters listed in the Scope of Work and that subsequently cause damage to
the states fleet.
5.2.4. Winter blended diesel fuel will contain a “pour point additive” which will take it to -40
degrees below zero for above ground tanks and -20 degrees for below zero for below
ground tanks from October 1st to April 1st. Bidder shall identify type of additive offered on
the delivery ticket.
5.2.5. Contractor must have a procedure in place to correct any possible gelling issues that
involve winterizing agents.
5.3. Liquid Propane Gas (LPG)
5.3.1. All propane shall conform to ASTM D1835-97 standard specifications and be automotive
grade, “LPG-HD5” and all State and Federal regulations.
5.3.2. Provision of Tank: If required, Contractor shall provide and install the appropriate sized
tank (with dispenser if needed) for any eligible agency locations requesting propane. All
requested tanks shall be new or approved refurbished tanks.
5.3.3. Tanks must comply with all federal, State, and Local safety standards and code
requirements.
5.3.4. Contractor shall be responsible for obtaining all permits required for installation of an
above ground LPG fuel site.
5.3.5. This contract is for the purchase of Bulk Fuel Propane. Bulk Fuel Propane is defined as 50
gallons or more. 50 gallons is a combined propane order per site. If a combined 50 gallons
of propane is not ordered per site the contractor may apply a special order quantity fee.
Any special order quantity fee to be noted at upon order and prior to delivery. The special
order quantity fee shall be listed on the Pricing Spreadsheet.
5.4. Ethanol
5.4.1. Ethanol product(s) shall be provided in compliance with U.S Department of Energy, Energy
Policy Act of 1992, and all State and Federal regulations and must conform to ASTM D
5798 standard specifications and any ASTM revisions thereafter.
5.4.2. The State will not accept Ethanol Blends in gasoline and diesel above 10% content.
6. Pricing
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 7 of 46
Procurement
6.1. Fuel/Diesel Pricing Stricture: Pricing will be two-facets (OPIS Daily A.M. Rack Rate and
Contractor’s Margin) as identified below:
6.1.1. Oil Price Information Service (OPIS) Daily 10 A.M. Eastern Standard Time (EST) Rack Rate
(to include rack choice location):
a. The choice of rack location (Phoenix, Tucson, etc.) to be used as the daily OPIS price of
each day rack shall remain consistent for the life of the contract. Rack choice shall be
noted on the invoice.
b. Each county price in the State will conform to the daily OPIS price for the daily A.M.
rack rate.
6.1.2. Contractor’s Margin (to include delivery fee and Contractor’s mark-up) which is identified
as a dollar amount per gallon)
a. The Contractor’s Margin shall include all costs required to deliver and unload fuel into
requesting agency’s storage tank.
b. The Contractor’s Margin shall be identified as an additional cost per gallon and listed
on the pricing sheet attachment.
c. The Contractor shall list the margin as a separate line item on the Delivery ticket and
invoice as specified in the Special Terms and Conditions section 6.
6.2. Propane Pricing Structure: Pricing will be two-facets (Principal Average Monte Belvieu price
and Contractor’s Margin) as identified below:
6.2.1. Principal Average Mont Belvieu price: The price published bt Butane-Propane News (BPN)
in the “Weekly Propane Newsletter” each Thursday shall be in effect for purchases
beginning Monday of the next week. If BPN does not publish a price for Mont Belvieu in
the current week, the most recent published price shall prevail.
6.2.2. The Contractor may use Oil Price Information Service (OPIS), in order to determine the
actual purchase price in lieu of the BPM published price.
6.2.3. Contractor’s Margin (To include delivery fee and Contractor’s mark up) which is identified
as a dollar amount per gallon:
a. The Contractor’s Margin shall include all costs required to deliver and unload fuel into
eligible agency’s storage tank.
b. The Contractor’s Margin shall be identified as an additional cost per gallon and listed
in the pricing sheet attachment.
c. The Contractor shall list the margin as a separate line item on the Delivery ticket and
invoice as specified in the Special Terms and Conditions section 6.
6.3. Propane Rental/Purchasing Price Structure: The Eligible agency may rent or purchase
propane tanks as necessary:
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 8 of 46
Procurement
6.3.1. Rental: Pricing for a rental of new or approved refurbished propane tank ans one
dispenser (1-gallon meter), if required, shall be based on a one-time annual fee. An
estimate for the rental of the equipment must be approved in writing by the eligible
agency.
6.3.2. Purchase: The eligible agency may purchase propane tanks at their discretion. An
estimate for the purchase of the tank must be submitted with any and all costs associated
with the purchase to include installation and setup fees as listed in section 5.3 of Scope of
Work. In addition the estimate must be approved in writing by the eligible agency.
7. Contractor’s Responsibilities
7.1. The Contractor shall be required, upon delivery, to pump all fuels from containers into using
agency’s storage tanks. It is the responsibility of the Contractor to supply pumps, hoses, etc. to
appropriately pump the fuels to the storage tanks.
7.2. The Contractor shall ensure delivery of correct quantities ordered. All deliveries are subject to
two percent (2%) plus/minus. Contractor must endeavor to deliver amount ordered by the
eligible agency at all times..
7.3. The Contractor must have a daily Oil Pricing Information Service (OPIS) subscription for fuel.
7.4. The Contractor must have a Butane-Propane News (BPN) subscription for propane or Oil Pricing
Information Service (OPIS) subscription for propane.
7.5. The Contractors are responsible for any fuel delivered that can be verified and does not meet
the mixing parameters listed in the Scope of Work and that subsequently cause damage to the
State’s fleet.
7.6. The Contractor shall be responsible for clean-up of all spillage, which may occur during transit,
loading or unloading operations. Definition of a spill is in the amount of One (1) gallon; also the
spill bucket or spill box must be free of debris and fuel at completion of the delivery.
7.7. The Contractor shall immediately report any spillage or damage to the using agency. Clean up
of spillage and/or repairs to the damaged equipment shall be performed by contractor in
accordance with EPA and State of Arizona guidelines. (See section 3 for ADOT requirements).
Fuel delivery trucks shall at all times comply with current State of Arizona and Federal
regulations pertaining to fuel vapor control.
7.8. Emergency
7.8.1. During a natural disaster, or homeland security event, there may be a need for the State to
access the Contractor’s business for products and/or services twenty-four (24) hours a day,
SCOPE OF WORK
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 9 of 46
Procurement
seven (7) days a week, three hundred sixty-five (365) days a year. The need could be for a
pick up or a delivery. For this purpose, a primary and secondary emergency representative
name and phone number are required during the term of any resultant contract. It is
critical to the State this information remains current at all times. All products or services
provided to meet an emergency request are to be supplied as per the contract prices,
terms and conditions. The Contractor shall be compensated for an after hours emergency
opening of the business, if any, at the rate identified.
8. Department’s Responsibilities
8.1. The Eligible Agencies will provide final acceptance and approval of any product delivered.
8.2. The Eligible Agencies will provide authorization as necessary for any work approved as listed in
the Scope of Work.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 10 of 46
Procurement
1. CONTRACT TERM
The term of any resultant contract shall commence on the effective date of award and shall
continue for a period of twelve (12) months 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
A.R.S. §41-2632. This cooperative purchasing agreement must be in effect at the time of order. The
Contractor shall verify if an ordering entity is an eligible cooperative purchasing member before
selling materials to or providing services for them under the contract. The current list of cooperative
purchasing
members
is
available
on
the
State
Procurement
Office
website
at
https://spo.az.gov/suppliers/usage-reporting.
NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions,
including cities, counties, school districts, and special districts. Membership is also available to non‐
profit organizations, other state governments, the federal government and tribal nations. For
reference, “non‐profit organizations” are defined in A.R.S. § 41‐2631(4) as any nonprofit corporation
as designated by the IRS under Section 501(c)(3) through 501(c)(6) of the tax code.
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
Eligible Agencies 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 an Eligible Agency 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
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 11 of 46
Procurement
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.
Contractor shall acknowledge each order from Eligible Agencies in conformance with each agency’s
instructions given at the time of ordering. Orders from eligible cooperative purchasing members
create no obligation on State’s part. Notwithstanding, the Contractor shall fulfill orders under the
Contract to any Eligible Agency. The Contractor’s refusal to do so would be a material breach of the
Contract.
6. INVOICING REQUIREMENTS
Separate invoices are required for each 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
Net Unit Price and Total per Unit (if applicable)
Applicable taxes
Applicable Shipping/Freight Charges
Total Invoice Amount Due
Oil Price Information Service (OPIS) rate
Margin rate
Delivery date
All invoices must clearly outline: type of fuel, rack price, contracted price (plus or minus rack), applicable
taxes, delivery date and description of any extra fees (environmental fee, etc.).
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 within thirty (30) calendar days after
acceptance of services. Delivery of the service to the Department does not constitute acceptance.
The date the Department accepts delivery of services shall be the valid date for starting the thirty (30)
calendar day payment period.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 12 of 46
Procurement
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.
7. 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.
8. PRICE REDUCTION
A price reduction adjustment may be offered at any time during the term of the contract and shall
become effective upon notice through a written contract amendment.
9. 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 increase or an alternate option, is in the
best interest of the State.
10. CONTRACT ADMINISTRATION
The contractor shall contact the Procurement Officer for guidance or direction in matters of contract
interpretation or questions regarding the terms, conditions or scope of the contract.
11. 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:
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
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https://app.az.gov/
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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 & 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.
12. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY
This Contract may be cancelled if the 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.
Possession of weapons (firearms, explosive devices, knives or blades of more than three (3) 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 of 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.”
13. REVIEW OF CONTRACTOR’S WORK
Work performed by the Contractor shall be subject to periodic reviews and partial acceptance at
various stages. The Department reserves the right to make such reviews and pass upon the
acceptability of the Contractor’s work. Partial acceptance shall not relieve the Contractor’s
obligation to correct, without charge, any errors in the work performed under this contract.
14. ACCURACY OF WORK
The Contractor shall be responsible for the accuracy of the work and shall promptly make all the
necessary revisions or corrections resulting from errors and omissions on the part of the Contractor
without additional compensation. Acceptance of the work by the Department shall not relieve the
Contractor of the responsibility for subsequent correction of any such errors and clarification of
ambiguities.
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
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15. INDEMNIFICATION
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.
16. INSURANCE
The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the
Department. Certificate(s) shall be received within ten (10) calendar days of notification of contract
award by the Procurement Officer.
16.1. Insurance Requirements
16.1.1. Contractor and subcontractors shall procure and maintain, until all of their obligations
have been discharged, including any warranty periods under this Contract, insurance
against claims for injury to persons or damage to property arising from, or in connection
with, the performance of the work hereunder by the Contractor, its agents,
representatives, employees or subcontractors.
16.1.2. The Insurance Requirements herein are minimum requirements for this Contract and in
no way limit the indemnity covenants contained in this Contract. The State of Arizona in
no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that arise out of the performance of the work under this
Contract by the Contractor, its agents, representatives, employees or subcontractors,
and the Contractor is free to purchase additional insurance.
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Solicitation No: BPM004763
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16.2. Minimum Scope and Limits of Insurance
16.2.1. Contractor shall provide coverage with limits of liability not less than those stated below
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.
16.2.2. 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.
16.2.3. Workers’ Compensation and Employers' Liability
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
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Workers' Compensation
Statutory
Employers' Liability
o Each Accident
$1,000,000
o Disease – Each Employee
$1,000,000
o Disease – Policy Limit
$1,000,000
a. Policy shall contain a waiver of subrogation endorsement, as required
by this written agreement, in favor of the State of Arizona, and its
departments, agencies, boards, commissions, universities, officers,
officials, agents, and employees for losses arising from work performed
by or on behalf of the Contractor.
b. This requirement shall not apply to each Contractor or subcontractor
that is exempt under A.R.S. § 23-901, and when such Contractor or
subcontractor executes the appropriate waiver form (Sole Proprietor or
Independent Contractor).
16.3. Additional Insurance Requirements
The policies shall include, or be endorsed to include, as required by this written agreement,
the following provisions:
16.3.1. 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).
16.3.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed
under the indemnification provisions of this Contract.
16.4. 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).
16.5. 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
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
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State of Arizona in no way warrants that the above-required minimum insurer rating is
sufficient to protect the Contractor from potential insurer insolvency.
16.6. Verification of Coverage
Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form
or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance
as required by this Contract. An authorized representative of the insurer shall sign the
certificates.
16.6.1. 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.
16.6.2. 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.
16.6.3. All certificates required by this Contract shall be sent directly to the Department. The
State of Arizona project/contract number and project description shall be noted on the
certificate of insurance. The State of Arizona reserves the right to require complete
copies of all insurance policies required by this Contract at any time.
16.7. 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.
16.8. 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.
16.9. 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
SPECIAL TERMS AND CONDITIONS
Solicitation No: BPM004763
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the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or
university, none of the above shall apply
17. AMINISTRATIIVE FEE
The Contractor shall pay the State an administrative fee against all Contract sales to eligible
cooperative purchasing members, as provided for under A.R.S. § 41‐2633. The fee for services
provided under this Contract is one (1%) percent.
18. USAGE REPORT
18.1 Administrative Fee Reporting
Contractor shall submit to ADOA‐SPO a Quarterly Report documenting all Contract sales to
both eligible State agencies and cooperative purchasing members, itemized separately. A
Quarterly Report shall be submitted even if there have been no sales. The Contractor shall
further itemize divisions, groups or areas within a given Eligible Agency if they place Orders
independently of each other.
Quarterly reports on transactions with cooperative purchasing members are required to be
filed with ADOA‐SPO. Failure to remit the administrative fees/usage reports 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. Method of calculation, payment procedures, and other
details
are
provided
on
the
State
Procurement
Office
website
at
https://spo.az.gov/suppliers/usage-reporting.
18.2 ADOT Usage Report Requirements
The Contractor shall furnish ADOT a quarterly report showing all purchasing activity under this
contract. This usage report shall be provided in a form substantially equivalent to Exhibit 3.
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
April through June – Report due July 30
July through September – Report due October 30
October through December – Report due January 30
continued employment under the contract is inconsistent with the interest of the Department.
19. 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.
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20. 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.
21. 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: BPM004763
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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
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
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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
UNIFORM TERMS AND CONDITIONS
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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.
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
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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,
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
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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.
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 25 of 46
Procurement
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
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 26 of 46
Procurement
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
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 27 of 46
Procurement
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
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 28 of 46
Procurement
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
UNIFORM TERMS AND CONDITIONS
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 29 of 46
Procurement
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
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 30 of 46
Procurement
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
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 31 of 46
Procurement
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
Quarterly Usage Reports
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 32 of 46
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
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 33 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 34 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 35 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 36 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 37 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 38 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 39 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 40 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 41 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 42 of 46
Procurement
EXHIBIT 4
ADOT Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 43 of 46
Procurement
EXHIBIT 5
ADOC Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 44 of 46
Procurement
Central Arizona Correctional Facility
(CACF)
Main Telephone:
(520) 868-4809
Main Fax:
(520) 868-5370
Physical Address:
1401 East Diversion Dam Road
Florence, AZ 85132
United States
Douglas
Main Telephone:
(520) 364-7521
Main Fax:
(520) 364-7445
Physical Address:
6911 N. BDI Blvd
Douglas, AZ 85607
United States
Eyman
Main Telephone:
(520) 868-0201
Main Fax:
(520) 868-0276
Physical Address:
4374 East Butte Avenue
Florence, AZ 85132
United States
Florence
Main Telephone:
(520) 868-4011
Main Fax:
(520) 868-5333
Physical Address:
1305 E Butte Ave
Florence, AZ 85132
United States
Florence West
Main Telephone:
(520) 868-4251
Main Fax:
(520) 868-4245
Physical Address:
915 East Diversion Dam Road
Florence, AZ 85132
United States
Kingman
Main Telephone:
(928) 565-2460
Main Fax:
(928) 565-7038
Physical Address:
4626 W English Dr
Golden Valley, AZ 86414
United States
La Palma
Main Telephone:
(520) 464-3200
Main Fax:
(520) 464-3399
Physical Address:
5501 North La Palma Road
Eloy, AZ 85131
United States
Lewis
Main Telephone:
(623) 386-6160
Main Fax:
(623) 386-7332
Physical Address:
26700 South Highway 85
Buckeye, AZ 85326
United States
EXHIBIT 5
ADOC Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 45 of 46
Procurement
Marana
Main Telephone:
(520) 682-2077
Main Fax:
(520) 682-2660
Physical Address:
12610 W. Silverbell Rd
Marana, AZ 85653
United States
Perryville
Main Telephone:
(623) 853-0304
Main Fax:
(623) 853-0425
Physical Address:
2105 North Citrus Road
Goodyear, AZ 85395
United States
Phoenix
Main Telephone:
(602) 685-3100
Main Fax:
(602) 685-3111
Physical Address:
2500 E Van Buren St
Phoenix, AZ 85008
United States
Phoenix West
Main Telephone:
(602) 352-0350
Main Fax:
(602) 352-0357
Physical Address:
3402 West Cocopah
Phoenix, AZ 85009
United States
Red Rock Correctional Center
Main Telephone:
(520) 464-3800
Main Fax:
(520) 464-3899
Physical Address:
1750 East Arica Road
Eloy, AZ 85131
United States
Safford
Main Telephone:
(928) 428-4698
Main Fax:
(928) 428-3235
Physical Address:
ASPC - Safford
896 S Cook Road
Safford, AZ 85546
United States
Tucson
Main Telephone:
(520) 574-0024
Main Fax:
(520) 574-7300
Physical Address:
10000 South Wilmot
Tucson, AZ 85734
United States
Winslow
Main Telephone:
(928) 289-9551
Main Fax:
(928) 289-2951
Physical Address:
2100 South Highway 87
Winslow, AZ 86047
United States
Yuma
Main Telephone:
(928) 627-8871
Main Fax:
(928) 627-6703
Physical Address:
7125 East Cesar Chavez Blvd
San Luis, AZ 85349
United States
EXHIBIT 5
ADOC Fuel Tank Location and Annual Estimated
Usage
Solicitation No: BPM004763
Available online at
https://app.az.gov/
Page 46 of 46
Procurement
FY23 FUEL USAGE TRACKING FOR ADOC
DELIVERY DATE
PRISON
GAS
DIESEL
7/1/2022
TUCSON
4,960.00
800.00
7/7/2022
PERRYVILLE
2,101.00
288.60
7/6/2022
SAFFORD
1,093.90
0.00
7/7/2022
FLORENCE
3,517.00
1,127.10
7/8/2022
FT GRANT
2,800.30
275.10
7/7/2022
YUMA
8,171.00
0.00
7/12/2022
WINSLOW
8,708.00
0.00
7/14/2022
WINSLOW
0.00
800.00
7/13/2022
EYMAN
7,833.00
0.00
7/29/2022
TUCSON
3,950.00
696.10
7/13/2022
LEWIS
8,260.00
0.00
8/2/2022
LEWIS
8,275.00
0.00
7/25/2022
APACHE
1,500.00
597.00
7/27/2022
YUMA
8,135.00
0.00
7/22/2022
DOUGLAS
800.00
0.00
8/1/2022
SAFFORD
1,099.80
8/2/2022
EYMAN
7,602.00
0.00
7/26/2022
EYMAN
0.00
6,000.00
7/25/2022
FLORENCE
3,206.90
0.00
7/13/2022
TUCSON
5,936.50
798.00
7/20/2022
TUCSON
3,610.00
1,050.00
8/11/2022
SAFFORD
1,691.50
307.00
7/29/2022
DOUGLAS
1,859.00
0.00
8/9/2022
FT GRANT
2,650.90
500.00
8/9/2022
SAFFORD
799.90
8/12/2022
YUMA
7,285.00
8/12/2022
FLORENCE
2,684.00
999.90
8/11/2022
TUCSON
4,968.10
986.50
7/19/2022
LEWIS
5,901.00
0.00
8/16/2022
LEWIS
7,281.00
8/19/2022
YUMA
8,121.00
8/18/2022
SAFFORD
1,200.00
300.00
8/18/2022
PERRYVILLE
1,999.60
773.10
8/18/2022
PERRYVILLE
2,644.90
590.40
8/18/2022
PERRYVILLE
2,200.00
500.00
8/20/2022
LEWIS
8,167.00
8/22/2022
TUCSON
4,247.20
777.40
8/19/2022
EYMAN
1,436.54
0.00
Procurement
ARIZONA DEPARTMENT OF TRANSPORTATION
1739 W. Jackson Street, MD 100P
Phoenix, AZ 85007
602.712.7211
Solicitation Amendment Summary
SOLICITATION NO.: BPM004763
AMENDMENT NO.: One (1)
DESCRIPTION: Bulk Fuel and Bulk Fuel Propane
Rev. 04/2020
Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced
solicitation shall be amended as follows:
Solicitation Requirements:
1. Paragraph 2.1.4, Bulk Fuel Delivery Method, The following sentence is hereby deleted: “The State will
accept +/- two percent (2%) of actual fuel delivered versus what was ordered.”
2. Paragraph 2.1.4, Bulk Fuel Delivery Method, The following sentence is hereby added to read:
“Contractor shall make every reasonable effort to deliver ordered quantity.
3. Paragraph 2.1.5, Bulk Fuel Delivery Method, The following section is hereby added to read: “This
contract is for the purchase of Bulk Fuel. Bulk Fuel is defined as 500 gallons or more. 500 gallons is
limited to a combined fuel order per site. If a combined fuel type of 500 gallons of fuel is not ordered
per site, the contractor may apply a special order quantity fee. Any special order quantity fee to be
noted at upon order and prior to delivery. The special order quantity fee shall be listed on the Pricing
Spreadsheet.
4. Paragraph 5.3.5, Liquid Propane Gas (LPG), The following section is hereby added to read: “This contract
is for the purchase of Bulk Fuel Propane. Bulk Fuel Propane is defined as 50 gallons or more. 50 gallons is
a combined propane order per site. If a combined 50 gallons of propane is not ordered per site the
contractor may apply a special order quantity fee. Any special order quantity fee to be noted at upon
order and prior to delivery. The special order quantity fee shall be listed on the Pricing Spreadsheet.
5. Paragraph 6.1.1, Fuel/Diesel Pricing Structure, The following section is hereby replaced to read: “Oil
Price Information Service (OPIS) Daily 10 A.M. Eastern Standard Time (EST) Rack Rate (to include rack
choice location).
6. Exhibit Four (4), Arizona Department of Transportation (ADOT) Fuel Tank Location and annual estimated
usage, The following exhibit has been hereby added.
7. Exhibit Five (5), Arizona Department of Corrections (ADOC) Fuel Tank Location, The following exhibit has
been hereby added.
8. All other terms, conditions and provisions of this solicitation remain unchanged.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
AMERIGAS PROPANE, L.P.
EXHIBIT B
Scope of Work
(1 page)
PROJECT
Supply propane for training props at the Glendale Regional Public Safety Training Center (GRPSTC), on
an as needed basis.
LINKING AGREEMENT
BETWEEN
THE CITY OF GLENDALE, ARIZONA
AND
AMERIGAS PROPANE, L.P.
EXHIBIT C
(1 page)
METHOD AND AMOUNT OF COMPENSATION
Per Section 3 of this agreement.
NOT TO EXCEED AMOUNT
The total amount of compensation paid to Contractor for full completion of all work required by the
Project must not exceed $100,000.00 for the entire term of the Agreement.
DETAILED PROJECT COMPENSATION
The term of the Agreement commences upon the effective date and continues for full term including all
extensions.