BPM005450_-_RFQ_Solicitation_CMAR_per_Amendments_1-5.pdf

Request for Qualifications Construction-Manager-at-Risk Services

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

NOTICE OF REQUEST FOR QUALIFICATIONS

Pursuant to A.R.S. § 41-2578 and § 41-2580, the Arizona Department of Administration, General Services Division (the State), invites interested contractors to submit a Statement of Qualifications (SOQ) for Construction Management at Risk (CMAR) Services. The State is seeking a Guaranteed Maximum Price (GMP) for completion of the CMAR - ASPC - Eyman, HVAC Upgrades. The selected contractor, the Arizona Department of Administration (ADOA) and the A/E Design Team (Design Professional) will use a team approach on this project.

DUE DATE AND TIME: Offers will be received until 3:00 p.m., Arizona time, November 14, 2023

The State makes no guarantee as to actual spend under any resultant contract.

In accordance with A.R.S. § 41-2578, Statements of Qualifications for the Construction-Manager-at-Risk services specified, will be received online through the State’s e-Procurement system, APP (www.appstate.az.gov) at the date and time posted in APP. Qualifications received by the correct time and date will be opened and the name of each Offeror will be publicly available. Qualifications must be in the actual possession of the State on or prior to the time and date indicated in the Notice.

LATE QUALIFICATIONS WILL NOT BE CONSIDERED

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the appropriate Procurement Agency. Requests should be made as early as possible to allow time to arrange the accommodation. A person requiring special accommodations may contact the solicitation contact person responsible for this procurement as identified above.

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION

https://appstate.az.gov/

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

RFQ TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS…………………………………………………….3

SPECIAL TERMS AND CONDITIONS…………………………………………….11

SCOPE OF WORK………………………………………………………………24

UNIFORM TERMS AND CONDITIONS - CMAR……………………27

APP ATTACHMENTS:

ATTACHMENT 1 – OFFER AND ACCEPTANCE FORM

ATTACHMENT 2 - BOYCOTT OF ISRAEL DISCLOSURE

ATTACHMENT 3 - FORCED LABOR OF ETHNIC UYGHURS BAN

ATTACHMENT A:

SECTION A & B – BONDING/ORG CHART

SECTION C – RESUMES

SECTION D – EXAMPLE PROJECTS

SECTION E —KEY PERSONNEL

SECTION F—MANAGEMENT PLAN

SECTION G—SUBCONTRACTOR SELECTION PLAN

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

INSTRUCTIONS TO OFFERORS

1. ESTIMATED Procurement Schedule

Issue Solicitation October 3, 2023 Statements of Qualifications Due November 14, 2023 Negotiations November 22, 2023 Award December 7, 2023

2. DEFINITION OF TERMS:

As used in these Instructions, the terms listed below are defined as follows:

2.1. Attachment “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer.

2.2. Best and Final Offer “Best and Final Offer” means a revision to an Offer submitted after negotiations are completed that contains the Offeror’s most favorable terms for price, service, and products to be delivered.

2.3. E-Procurement “eProcurement (Electronic Procurement)” means conducting all or some of the procurement function over the Internet. Point, click, buy, and ship Internet technology is replacing paper-based procurement and supply management business processes. Elements of eProcurement also include Request for Qualifications, Request for Proposals, and Request for Quotations.

2.4. Offer “Offer” means a response to a Solicitation.

2.5. Offeror “Offeror” means a person who responds to a Solicitation.

2.6. Solicitation “Solicitation” means a Request for Proposals (“IFB”), a Request for Technical Offers, a Request for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.

2.7. Solicitation Amendment “Solicitation Amendment” means a change to the Solicitation issued by the Procurement Officer.

3. INQUIRIES

3.1. Duty to Examine It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time.

3.2. Solicitation Contact Person Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Procurement Officer.

3.3. Submission of Inquiries All inquiries related to the Solicitation are required to be submitted in the State’s eProcurement system via the Discussion Forum. All responses to inquiries will be answered in the State’s eProcurement system. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number. Offerors are prohibited from contacting any state employee other than the Procurement Officer concerning the procurement while the solicitation and evaluation are in process.

Technical inquiries about submitting your offer in PAPP should be submitted to the APP Help Desk by phone at

(602) 542-7600, option 1, or by email at app@azdoa.gov.

3.4. Timeliness Any inquiry or exception to the Solicitation shall be submitted as soon as possible for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment.

mailto:app@azdoa.gov

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

3.5. No Right to Rely on Verbal or Electronic Mail Responses An Offeror shall not rely on verbal or electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does not constitute a modification of the solicitation.

3.6. Solicitation Amendments The Solicitation shall only be modified by a Solicitation Amendment.

3.7. Persons with Disabilities Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer. Requests shall be made as early as possible to allow time to arrange the accommodation.

4. OFFER PREPARATION

4.1 Electronic Documents The Solicitation is provided in an electronic format. Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified alteration or modification to any Solicitation, attachments, exhibits, forms, charts, or illustrations contained herein shall be null and void. Offeror’s electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and .pdf (Adobe Acrobat). Offerors wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.

4.2 Evidence of Intent to be bound The Offer and Acceptance form within the Solicitation shall be submitted with the Offer in the State’s eProcurement system and shall include a signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate, and complete. Failure to submit verifiable evidence of intent to be bound, such as a signature, shall result in rejection of the Offer.

4.3 Exceptions to RFQu Documents

4.3-A Exceptions to the Terms and Conditions.

All exceptions included with the Offer shall be submitted in writing where the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract.

4.3-B Exceptions Affect Evaluation

All exceptions that are contained in the Offer may negatively impact an Offeror’s susceptibility for award. An Offer that takes exception to any material requirement of the solicitation may be rejected.

4.4 Cost of Offer Preparation The State will not reimburse any Offeror the cost of responding to a Solicitation.

4.5 Federal Excise Tax The State is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will be provided by the State.

4.6 Provision of Tax Identification Numbers Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number in the space provided on the Offer and Acceptance form.

4.7 Employee Identification Offeror agrees to provide an employee identification number or social security number to the State for the purposes of reporting to appropriate taxing authorities, monies paid by the State under this Contract. If the federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials.

This submission is mandatory under 26 U.S.C. § 6041A.

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

4.8 Identification of Taxes in Offer The State is subject to all applicable state and local transaction privilege taxes.

All applicable taxes shall be identified as a separate item offered in the Solicitation. When applicable, the tax rate and amount shall be identified on the price sheet.

4.9 Disclosure If the person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

4.10 Delivery Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s).

4.11 Federal Immigration and Nationality Act By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the State request evidence of compliance, the Offeror shall have five days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the Offer not being considered for contract award.

5. SUBMISSION OF OFFER

5.1 APP Offers in response to this solicitation shall be submitted within the State's eProcurement system, APP (https://appstate.az.gov). Please be advised that utilizing APP requires a certain level of technical competency that should be considered when selecting staff to work in the system. The successful submission of your offer in APP is critical in order for the State to receive and evaluate your offer. Therefore, particular focus should be placed on the selection of staff given the responsibility for submitting your offer in APP. Offers shall be received before the date/time listed in the solicitation's 'Bid Opening Date' field. Offers submitted outside APP, or those that are received after the date/time stated in the 'Bid Opening Date' field, shall be rejected.

While price shall not be considered, to satisfy APP functionality, Submitters shall include a price of $1.00 in Line Item 1.

5.2 Offer Submission, Due Date and Time Offerors responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be rejected.

5.3 Offer and Acceptance Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form may result in rejection of the Offer.

5.4 Solicitation Amendments A Solicitation Amendment shall be acknowledged in the State’s eProcurement system no later than the Offer due date and time. Failure to acknowledge a Solicitation Amendment may result in rejection of the Offer.

5.5 Offer Amendment or Withdrawal An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

5.6 Confidential Information If an Offeror believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Offeror shall clearly designate the trade secret and other proprietary information, using the term “confidential.” An Offeror shall provide a statement detailing the reasons why the information should not be disclosed including the specific harm or prejudice that may arise upon disclosure. The Procurement Officer shall review all requests for confidentiality and provide a written determination. Until a written determination is made, a Procurement Officer shall not disclose information designated as confidential except to those individuals deemed to have a legitimate State interest. In the event the Procurement Officer denies the request for confidentiality, the Offeror may appeal the determination to the State Procurement Administrator within the time specified in the written determination. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information.

5.7 Public Record All Offers submitted and opened are public records and must be retained by the State for six years. Offers shall be open and available to public inspection through the State’s eProcurement system after Contract award, except for such Offers deemed to be confidential by the State.

5.8 Non-collusion, Employment, and Services

By signing the Offer and Acceptance form or other official contract form, the Offeror certifies that:

(1) The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and

(1) The Offeror does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable federal, state, and local laws and executive orders regarding employment.

5.9 Content of Statement of Qualifications

5.9-A Required Documents

The submitted statement of qualifications shall include the following documents. Failure to submit all documents below according to instructions may have a negative impact on the evaluated score or result in the offer being determined non-responsive and therefore not susceptible for award.

ATTACHMENT 1 – OFFER AND ACCEPTANCE FORM

ATTACHMENT 2 - BOYCOTT OF ISRAEL DISCLOSURE

ATTACHMENT 3 - FORCED LABOR OF ETHNIC UYGHURS BAN

ATTACHMENT A:

SECTION A & B – BONDING/ORG CHART

SECTION C – RESUMES

SECTION D – EXAMPLE PROJECTS

SECTION E —KEY PERSONNEL

SECTION F—MANAGEMENT PLAN

SECTION G—SUBCONTRACTOR SELECTION PLAN

5.9-B Pre-Printed Documents

Any pre-printed documents required by this solicitation are located within this document and shall be completed in the format provided and according to any instructions contained within the document or elsewhere in these instructions. Offerors shall download all pre-printed documents, save the completed

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry document to their computer, and upload completed documents as part of their submitted offer in APP.

Excessive marketing attachments that are not requested in the documents listed below are discouraged.

5.9-C Submission of Pricing

Offeror shall not submit fees or hourly rate schedules with their statement of qualifications.

6. EVALUATION

6.1 Opening Supplemental to Uniform Instructions to Offerors paragraph 4.7, offers received by the due date and time will be opened online and the name of each Offeror will be publicly available. Offers will not be subject to public inspection until after contract award.

6.2 Evaluation

6.2-A Selection Criteria and Content for Statements of Qualifications. The Selection Committee will evaluate the SOQs submitted in response to this RFQu. Submitters’ competence and qualifications will be evaluated as demonstrated in accordance with the selection criteria as listed below. In selecting material for inclusion in the Submitter’s Statement of Qualifications, Submitters should be mindful of the following:

6.2-A-(01) The Proposal should display clearly and accurately the capacity, knowledge, experience and ability of the Submitter to meet the requirements of this RFQu.

6.2-A-(02) Each Submitter shall submit only one (1) SOQ in response to this solicitation. Material submitted should not exceed thirty (30) pages in length, instruction pages not included.

6.2-A-(03) In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below.

6.2-A-(04) In addition to the evaluation criteria, exceptions to the terms and conditions, as stated in the Instructions to Offerors 3.3, may impact an Offeror’s susceptibility for award.

6.2-A-(05) The selection criteria are listed below in their relative order of importance.

(05) (a) Experience and Qualifications. Attachment A-Sections C-E (Max 400 points)

(05) (b) Method of Approach. Attachment A-Sections F-G (Max 350 points)

(05) (c) Capacity and Capability. Attachment A-Sections A-B (Max 250 points)

6.2-B Selection Committee A Selection Committee will evaluate and score each Statement of Qualifications

(SOQ).

6.2-B-(01) The CMAR Selection Committee will be composed of no more than seven (7) members and contain a representation of staff, administrators, and others, as well as a Licensed Architect/Engineer and a senior manager of a licensed Contractor.

6.2-B-(02) The Selection Committee will create one (1) List, containing at least three (3) and not more than five (5) Submitters. The List will show those Submitters in order of preference based on the combined results of the evaluation of SOQ’s (maximum 1000 points) prior to any recommendation to award is made, only the names of the firms on the List will be available to the public – rankings will not be available at that time.

6.2-B-(03) The Procurement Officer will issue a formal (Invitation to Negotiate) to the highest ranked Submitter on the Final List. Upon successful negotiation of a contract, agreeable to the State and the Submitter, a contract may be executed. One contract may be awarded. If a reasonable fee and contract conditions cannot be achieved with the highest qualified

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

Submitter, negotiations will cease and subsequent negotiations will proceed with the second most-qualified submitter until a mutually agreed contract can be negotiated.

6.3 Cost is Not a Consideration Fees, price, man-hours or any other cost information shall not be requested or considered at any point in the qualifications selection process, the selection of persons or firms to be on the final list, in determining the order of preference of persons or firms on the final list.

6.4 Clarifications The State may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of providing a greater understanding of the offer. Clarifications shall not otherwise afford the Offerors the opportunity to alter or make a material change in its offer.

6.5 Negotiations The Procurement Officer may proceed to negotiate an agreement for services, commemorated with an official (Invitation to Negotiate) sent to the highest ranked Submitter on the Final List. If the Procurement Officer is unable to negotiate a satisfactory agreement with a Submitter, for compensation and on other terms the Procurement Officer determines to be fair and reasonable, negotiations with that Submitter will be formally terminated. The Procurement Officer may then undertake negotiations with the next most qualified Submitter on the Final List, in sequence, until an agreement is reached or a determination is made to reject all SOQ’s. Once negotiations have been terminated with a Submitter, they may not be re-opened with that Submitter for this procurement.

6.6 Responsibility, Responsiveness, and Susceptibility

The State shall consider, at a minimum, the following criteria when determining Offeror’s responsibility, as well, as the statement of qualification’s responsiveness and susceptibility for contract award.

6.6-A Whether the Offeror has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

6.6-B Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offeror’s agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

6.6-C Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors; This includes if the vendor or key personnel have 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;

6.6-D Whether the Offeror promptly supplied all requested information concerning its responsibility;

6.6-E Whether the Offer was sufficient to permit evaluation by the State, in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components. Necessary offer components include: attachments, documents or forms to be submitted with the offer, an indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of Work, acknowledged Solicitation Amendments, references to include experience verification, adequacy of financial/business/personal or other resources to include a performance bond and stability including subcontractors and any other data specifically requested in the Solicitation;

6.6-F Whether the Offer was in conformance with the requirements contained in the Scope of Work, Terms and Conditions, and Instructions for the Solicitation including its Amendments and all documents incorporated by reference;

6.6-G Whether the Offer limits the rights of the State;

6.6-H Whether the Offer includes or is subject to unreasonable conditions, to include conditions upon the State necessary for successful Contract performance. The State shall be the sole determiner as to the reasonableness of a condition;

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

6.6-I Whether the Offer materially changes the contents set forth in the Solicitation, which includes the Scope of Work, Terms and Conditions, or Instructions; and, Whether the Offeror provides misleading or inaccurate information

6.7 Financial Stability The Offeror must be financially stable and able to substantiate the financial stability of its company. The State reserves the right to request additional documentation from the Offeror and to request reports on financial stability from independent financial rating services. If requested, current financial statements or other financial information deemed appropriate, must be provided within five (5) business days of request. The State reserves the right to reject any offer which does not demonstrate financial stability sufficient for the scope of this contract award.

6.8 Late Offers An Offer submitted after the exact Offer due date and time shall be rejected.

6.9 Disqualifications An Offeror (including each of its principals) who is currently debarred, suspended, or otherwise lawfully prohibited from any public procurement activity shall have its Offer rejected.

7. AWARD

7.1 Best Advantage to State The state intends to enter into negotiations with the highest qualified person or firm on the final list.

7.2 Contract Document Consolidation At its sole option, following any contract award(s) the State may consolidate the resulting contract documents. Examples of such consolidation would include (i) reorganizing solicitation documents and those components of the Contractor’s Offer not pertaining to the Contract’s operation; or (ii) excluding any components of the Contractor’s Offer that were not awarded. Contract document consolidation shall not materially change the Contract.

7.3 Notice to Proceed Contractors shall commence with the performance of the Contract upon receipt of a notice to proceed issued by the Procurement Officer or other authorized representatives as set forth in the Contract.

Prior to receiving this notice, Contractors shall not commence any billable activities in the performance of the Contract.

7.4 Evidence of Insurance Coverage Prior to commencing services under any awarded Contract, successful Contractor(s) shall provide and maintain during the entire term of an awarded Contract, a certificate of insurance indicating the coverage stated in the Special Terms and Conditions of this solicitation.

7.5 Contract Inception An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance form. A notice of award or of the intent to award shall not constitute acceptance of the Offer.

7.6 Effective Date The effective date of the Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract.

8. PROTESTS

A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9, and rules adopted thereunder. Protests shall be in writing and be filed with both the Chief Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of the Solicitation shall be received by the agency Chief Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the Procurement Officer makes the procurement file available for public inspection. A protest shall include:

(1) The name, address, email address and telephone number of the interested party;

(2) The signature of the interested party or its representative;

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

(3) Identification of the purchasing agency and the Solicitation or Contract number;

(4) A detailed statement of the legal and factual grounds of the protest including copies of relevant documents;

and

(5) The form of relief requested.

End of Instructions to Offerors

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

SPECIAL TERMS AND CONDITIONS

1.0 Definition of Terms

As used in the Contract, the terms listed below are defined as follows:

1.1 Eligible Agency This Contract is a “single-agency” contract. “Eligible Agency” means the Arizona Department of Corrections, Rehabilitation, and Reentry.

1.2 Guaranteed Maximum

Price (GMP)

The total itemized dollar amount that the CMAR contractor guarantees to complete the project at. The amount is negotiated between the CMAR contractor and the State and can include, but isn’t limited to, a construction schedule, all traffic control, quality testing, survey replacement of materials, public information and coordination costs. Projects can also have multiple GMPs for different portions of work.

1.3 Shared Cost Savings Moving forward under a GMP model means that actual spending during construction is monitored using open-book transparency principles. Any actual savings from spending under the GMP may be shared between the owner and the CMAR at the Agency’s discretion, which creates incentives for continued efficiency.

Any savings determined as identifiable during the Preconstruction Services Phase will not be eligible for Shared Cost Savings.

2.0 Contract Interpretation

No modifications to uniform terms and conditions section

3.0 Contract Administration and Operation

No modifications to uniform terms and conditions section

4.0 Costs and Payments

3.1 Liquidated Damages Failure of Contractor to complete the Work within the time specified in the Contract, including any and all properly authorized extensions of time, will result in damages to the Agency with regard to occupancy, operations, and the specific benefits of public services, that are hereby communicated to the Contractor and contemplated by the Contractor as nullifying the inherent benefit of Agency’s contractual bargain. Accordingly, as such damage is difficult to specify and formulate, Agency and Contractor agree that Contractor shall pay to Agency $1000 per day as liquidated damages for each calendar day the Work remains incomplete beyond the date fixed for Substantial Completion.

Such liquidated damages shall be in addition to and not in preclusion of the recovery of actual damages resulting from other defects in Contractor’s performance under the Contract for matters other than delays in Completion.

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

3.2 Costs Subject to Markup (CMAR Fee)

Item Description

Items Subject to Markup

Material Labor Allowances

Items Excluded of Markup

General Conditions (The General Conditions Fee will be based on actual itemized, documented Cost and any agreed to percentage shall be based on a percentage of Cost)

OH&P

Taxes Bonds Permitting Fees Insurance Contingency

5.0 Contract Changes

No modifications to uniform terms and conditions section

6.0 Risk and Liability

6.1. Indemnificat

ion:

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’

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

6.2. Insurance

Requiremen ts

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.

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.

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.

A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below.

1. Commercial General Liability – Occurrence Form Policy shall include bodily injury, property damage, personal and advertising injury and broad form contractual liability and XCU (explosion/collapse/underground) coverage.

General Aggregate $10,000,000 Products – Completed Operations Aggregate $5,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $5,000,000 Damage to Rented Premises $50,000

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry liability arising out of the activities performed by or on behalf of the Contractor.”

Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) 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.

2. Business Automobile Liability Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles used in the performance of this Contract.

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

a. The policy shall be endorsed (Blanket Endorsements are not acceptable) to include the following additional insured language: “The State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees shall be named as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobiles owned, leased, hired or borrowed by the Contractor.” Such additional insured shall be covered to the full limits of liability purchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.

b. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) 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.

c. Policy shall contain a severability of interest provision.

3. Worker's Compensation and Employers' Liability Workers' Compensation Statutory Employers' Liability

Each Accident $1,000,000 Disease – Each Employee $1,000,000 Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) 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: Separately, EACH contractor or

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry subcontractor exempt under A.R.S. § 23-901, AND when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

4. Builders Risk Builders Risk shall be purchased in an amount equal to the initial Contract Amount plus additional coverage equal to contract amount for all subsequent change orders.

a. The State of Arizona, the Department subcontractor and any others with an insurable interest in the work shall be endorsed (Blanket Endorsements are not acceptable) in favor of “State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees” as Additional Insureds on the policy.

b. Coverage shall be written on an all risk, replacement cost basis and shall include coverage for flood and earth movement as well as coverage for losses that may occur during equipment testing.

c. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or, (2) until no person or entity, other than the State of Arizona, has an insurable interest in the property required to be covered.

d. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the State of Arizona.

e. The Builders Risk must provide coverage from the time the equipment/material becomes the responsibility of the Contractor and shall continue without interruption during the installation, including any time during which the equipment/material is being transported to the installation site, or awaiting installation, whether on or off site.

f. Policy shall contain a waiver of subrogation endorsement (Blanket Endorsements are not acceptable) in favor of the “State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees” for losses arising from work performed by the Contractor for the State of Arizona.

g. Contractor is responsible for the payment of all deductibles under the Installation Floater or Builders Risk policy.

h. The Department shall be named as loss payee as our interest may appear.

B. ADDITIONAL INSURANCE REQUIREMENTS: The policies shall include, or be endorsed (Blanket Endorsements are not acceptable) to include, the following provisions:

1. The Contractor's policies shall stipulate that the insurance afforded the Contractor shall be primary insurance 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).

2. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions of this Contract.

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

C. NOTICE OF CANCELLATION: With the exception of (10) day notice of cancellation for non-payment of premium, any changes material to compliance with this contract in the insurance policies above shall require (30) days written notice to the State of Arizona. Such notice shall be sent directly to the Department and shall be sent by certified mail, return receipt requested.

D. ACCEPTABILITY OF INSURERS: Contractors insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers.

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

E. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD form or equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are to be signed by an authorized representative.

All certificates and endorsements (Blanket Endorsements are not acceptable) are to be received and approved by the State of Arizona before work commences.

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

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

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

F. SUBCONTRACTORS: Contractors’ certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum requirements identified above.

G. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by the contracting agency in consultation with the Department of Administration, Risk Management Division. Such action will not require a formal Contract amendment, but may be made by administrative action.

H. EXCEPTIONS: In the event the Contractor or sub-contractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a Certificate of Self-Insurance. If the contractor or sub-contractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

7.0 Warranties

No modifications to uniform terms and conditions section.

8.0 State's Contractual Remedies

No modifications to uniform terms and conditions section

9.0 Contract Termination

No modifications to uniform terms and conditions section

10.0 Contract Claims

No modifications to uniform terms and conditions section.

11.0 CMAR Responsibilities

No modifications to uniforms terms and conditions section.

12.0 Agency Responsibilities

No modifications to uniform terms and conditions section.

13.0 Data and Information Handling

No modifications to uniform terms and conditions section.

14.0 Information Technology Work

14.1 Systems and

Controls

In consideration for State having agreed to permit Pass-Through Indemnities in lieu of direct indemnity, Contractor agrees to establish and keep in place systems and controls appropriate to ensure that State funds under this Contract are not knowingly used for the acquisition, operation, or maintenance of Materials or Services in violation of intellectual property laws or a third party’s intellectual property rights.

14.2 Section 508

Compliance

Unless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona under this Contract shall comply with A.R.S. § 18-131 and § 18-132 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of the public shall have access to and use of information technology that is comparable to the access and use by employees and members of the public who are not individuals with disabilities.

14.3 Cloud

Applications

The following are required for the awarded Contractor of any “cloud” solution that hosts State data outside of the State’s network, or transmits and/or receives State data.

1. Submit a completed Arizona Baseline Infrastructure Security Controls assessment spreadsheet as found at:

https://aset.az.gov/resources/policies-standards-and-procedures, and mitigate or install compensating controls for any issues of concern https://aset.az.gov/resources/policies-standards-and-procedures

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry identified by State. Contractor is required to provide any requested documentation supporting the review of the assessment. The assessment shall be re-validated on a minimum annual basis.

State reserves the right to conduct Penetration tests or hire a third party to conduct penetration tests of the Contractor’s application. Contractor will be alerted in advance and arrangements made for an agreeable time.

Contractor shall respond to all serious flaws discovered by providing an acceptable timeframe to resolve the issue and/or implement a compensating control.

Contractor must submit copy of system logs from cloud system to State of AZ security team on a regular basis to be added to the State SIEM (Security Information Event Monitor) or IDS (Intrusion Detection System).

Contractor must employ a government-rated cloud compartment to better protect sensitive or regulated State data.

15.0 Contraband

15.1 Contraband means any dangerous drug, narcotic drug, intoxicating liquor or any kind, deadly weapon, dangerous instrument, explosive or any other article whose use of 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, nonprescription medications, etc.)

15.2 Promoting prison contraband A.R.S. § 13-2505:

15.3 A person, not otherwise authorized by law, commits promoting prison contraband;

15.3.1 by knowingly making, obtaining, or possessing contraband while being confined in a correctional facility.;

15.3.2 By knowingly taking contraband into a correctional facility or the grounds of such a facility;

15.3.3 By knowingly conveying contraband to any persons confined in a correctional facility.

15.4 Promoting Prison Contraband is a Class 5 felony

15.4.1 Authority:

15.4.1 (a) A.R.S. § 13-2501

15.4.1 (b) A.R.S. § 13-2505

15.4.1 (c) ADCRR Department Order 708

16.0 Rules and Regulations

16.1 Attention of Contractor is called to the requirements of the document Rules and Regulations for Non-Employees of the Department of Corrections in Arizona State Prison which are attached herein in Exhibits A and B and which shall be stipulated and adhered to in all respects;

Solicitation No. BPM005450 Description: CMAR - ASPC - Eyman, HVAC Upgrades

Arizona Department of Corrections, Rehabilitation &

Reentry

16.2 Should the owner require signatures of other parties such as subcontractor or persons directly or indirectly employed by the contractor, it shall be the contractor's responsibility to obtain such signatures. The signed document must be submitted within ten (10) days of notification.

17.0 Unlawful Sexual Conduct

17.1 A person commits unlawful sexual conduct by intentionally or knowingly engaging in any act of a sexual nature with an offender who is in the custody of the ADCRR, the Department of Juvenile Corrections, a private prison facility or a city or county jail or with an offender who is under the supervision of either Department or a city or county. For the purposes of this subsection, "person" means a person who:

Is employed by the ADCRR or the Department of Juvenile Corrections;

17.1.1 Is employed by a private prison facility or a city or county jail;

Contracts to provide services with the ADCRR, the Department of Juvenile Corrections, a private prison facility or a city or county jail;

Is an official visitor, volunteer or agency representative of the ADCRR, the Department of Juvenile Corrections, a private prison facility…