BPM005756-_Solicitation_Requirements_-_St_Johns_Shooting_Range_Water_Retention_Project_-IFB.pdf

THE STATE OF ARIZONA

GAME AND FISH DEPARTMENT

5000 W. CAREFREE HIGHWAY

Phoenix, AZ 85086-5000

(602) 942-3000 •WWW.AZGFD.GOV

IFB 08-10-2016

INVITATION FOR BID

INVITATION FOR BID NO: BPM005756 BID DUE DATE: November 08, 2023 3:00 P.M. MST.

LOCATION: Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

In accordance with A.R.S. § 41-2533, competitive sealed bids for the materials and services specified will be received by the Arizona Game and Fish Department (AGFD) online in the State of Arizona’s online procurement system, Arizona Procurement Portal: https://app.az.gov .

Bids received in Arizona Procurement Portal by the due date and time will be opened. The name of each Offeror and their un-evaluated pricing will be publicly available. Bids are to be submitted in the State’s Arizona

Procurement Portal system prior to the date and time indicated. The due date and time are indicated in Arizona

Procurement Portal as the Bid Opening Date. Late bids will not be considered. Bids submitted outside of the

Arizona Procurement Portal system will be rejected.

BIDDERS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE INVITATION FOR BID.

Branch: SHOOTING SPORTS BRANCH, INFORMATION, EDUCATION AND

WILDLIFE RECREATION DIVISION

Material and/or Service: ST JOHNS SHOOTING RANGE WATER RETENTION PROJECT

Contract Type: FIXED PRICE

Contract Term: ONE TIME BUY

NOTE: PRE-BID CONFERENCE WILL BE HELD OCTOBER 25, 2023 AT 11:30 A.M. MST ON SITE AT

ST JOHNS SHOOTING RANGE, THREE MILES NORTH OF ST JOHNS, AZ 85936 IN APACHE COUNTY

Procurement Contact

Name: Elizabeth Burgard

Phone: 480-617-3962

Fax: 623-236-7327

Email: eburgard@azgfd.gov

Date: October 18, 2023 https://procure.az.gov/

TABLE OF CONTENTS

Arizona Game and Fish Department

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

SOLICITATION NO. BPM005756

IFB 08-10-2016

PARAGRAPH# PAGE #

INVITATION FOR BID

1. PURPOSE

2. LOCATION

3. SPECIFICATIONS

4. REQUIRED INFORMATION

5. PRE-BID CONFERENCE

6. SITE VISITATION

7. BID, PAYMENT & PERFORMANCE BONDS

8. ATTACHMENTS

9. SUBCONTRACTOR'S LIST

10. SOLICITATION AMENDMENT ACKNOWLEDGEMENT

11. COMPLETION TIME

12. LIQUIDATED DAMAGES

13. INDEMNIFICATION AND INSURANCE

14. DEFINITION OF KEY WORDS USED IN THE IFB

SOLICITATION SPECIAL TERMS AND CONDITIONS, UPDATED 8/2016

Additional documents located under “Exhibits” in the Arizona Procurement Portal are incorporated herein by reference.

SCOPE OF WORK

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

AGFD Rev. 8-2-2016 Solicitation BPM005756

1. PURPOSE

The purpose of this Invitation for Bid (IFB) is establish a contract for construction services for the St Johns

Shooting Range water retention project for the Arizona Game and Fish Department (AGFD) in accordance with the IFB.

2. LOCATION

St Johns Shooting Range

On County Road 6350 which also may be called N 2nd Way

Three Miles North of St Johns, AZ 85936 in Apache County

3. SPECIFICATIONS

3.1. This is NOT a Davis Bacon Wage project. Disregard Special Terms and Conditions paragraph 39.

3.2. Engineer’s estimate for the project is $400,000.00

3.3. Pricing:

3.3.1. Complete all information requested in Arizona Procurement Portal (APP). Pricing to be submitted on the “Items Tab” in APP. The taxes are to be listed separately on the lines indicated in APP. The AGFD is not tax exempt and must pay all applicable State and local taxes, therefore we must know the tax that the Department will be charged when scheduling services. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

3.3.2. Pricing will be for Base Bid with the Taxes for base Bid requested on a separate line. The

Testing allowance is not to be included in the Base Bid. It is entered for you in APP.

3.3.3.In APP there will be two sets of pricing required. The first to be for materials that are

BABA compliant for the Base Bid and Add Alternatives and the second to be for materials that are NON- BABA compliant for the Base Bid and Add Alternatives.

Contractors may enter prices for all options or just bid on the Baba compliant or just the

Non-Baba compliant options.

3.3.4. The contractor shall maintain at least one lane of traffic into and out of the shooting range.

The contractor shall include all traffic control into his bid price.

3.4. Offerors shall complete and submit as attachments to their offer in Arizona Procurement

Portal the following documents:

3.4.1. Offer and Contract Acceptance,

3.4.2. Designation of Confidential, Trade Secret & Proprietary Information

3.4.3. Bid Bond, Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

3.4.4. References,

3.4.5. Data Sheet,

3.4.6. Amendment Acknowledgement,

3.4.7. Business information Checklist,

3.4.8. Subcontractors List,

3.4.9. Notarized Non-Collusion Affidavit,

3.4.10. If required Prior Approval Request Forms (if required),

3.4.11. If suggesting and “Value Engineering” all back up documentation

Any other documents or information required therein and in this solicitation

3.5. Plans and Specifications

3.5.1. The Plans and Specifications and Project manual are located in the Arizona

Procurement Portal system in the exhibit section of the solicitation.

3.6. Testing

Testing shall be per Special Terms and Conditions paragraph 54. An allowance of $5,000.00 is to be placed on the bid “Items” tab to be used at the discretion of AZGFD. This allowance is for testing at the direction of AZGFD not for Contractor’s quality control or retesting.

Contractor shall pass the testing cost through with no mark-up; each pay application shall have the test results and the testing invoice attached. Any amount not used shall not be charged at the final pay application; if additional cost are incurred a change order will be issued in accordance to the contract documents. Contractor shall notify the AZGFD project manager of the remaining balance and if requesting testing will exceed the balance.

3.7. The Contractor MUST provide three (3) references (Arizona preferred) for which similar services and materials have been supplied within the past 36 months. The references shall include the company name, address, telephone number, and contact person. See Required

Forms “Attachment II”.

4. REQUIRED INFORMATION

Offerors shall electronically complete and submit the Required Forms. These Required Forms are located in Arizona Procurement Portal for this solicitation. Failure to include all of the items may result in a bid being rejected. Offerors may submit additional documents at their discretion.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

5. PRE-BID CONFERENCE

A Pre-Bid Conference will be held at the time and place indicated in the solicitation’s ‘Pre-Bid

Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal

(https://app.az.gov). Attendance is not required but is strongly recommended. The purpose of the conference is to clarify the contents of the solicitation in order to prevent any misunderstanding of the State of Arizona's position. Any doubt as to the requirements of the solicitation or any apparent omission or discrepancy should be presented to the State at the conference. The State of Arizona will then determine the appropriate action necessary, if any, and issue a written amendment to the solicitation if required. Oral statements or instructions shall not constitute an amendment to the solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AGFD Deputy Director, 5000 West Carefree Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

6. SITE VISITATION

Offerors are required to examine carefully the job site and satisfy themselves as to the man-hours and conditions to be encountered in performing the work. Submission of a bid is prima facie evidence that the Offeror has examined the work site, plans, specifications, and amendments. The

Offeror understands all work and contract requirements and is aware of all conditions that might impact work performance.

In the event of a contract awarded, no plea of ignorance of conditions that exist, or may hereafter exist, or of difficulties that may be encountered in the provision of services under the contract will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Contract, nor accepted as a basis for any claims for extra compensation.

7. BID, PAYMENT & PERFORMANCE BONDS

Submit required bonds with the bid as stated in the solicitation Special Terms and Conditions

Paragraphs 35 and 36. Bid bond should be scanned and attached to your offer as an attachment in Arizona Procurement Portal. Mail or hand-deliver the original hard copy of the bond prior to bid due date to:

Arizona Game and Fish Department, Attn: Purchasing Department, 5000 W. Carefree Highway, Phoenix, AZ 85086.

Payment and Performance bonds will be requested of the lowest responsive and responsible offeror after Notice of Anticipated contract award, within ten (10) days of request.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

8. ATTACHMENTS

Complete all information requested for all attachments found in “Required Forms” located under

“Exhibits” in the Arizona Procurement Portal. *NOTE: The Non Collusion Affidavit must be notarized and be scanned and attached to your offer as an attachment in Arizona Procurement Portal. Prior to bid due date the original hard copy of the non-collusion affidavit must be received by the procurement officer at:

Arizona Game and Fish Department, Attn: Purchasing Department, 5000 W. Carefree Highway, Phoenix, AZ 85086.

9. SUBCONTRACTOR'S LIST

Submit a complete list of all subcontractors and their license numbers and complete all information requested on the form found in “Required Forms” located in the located under “Exhibits” in the Arizona

Procurement Portal and attach to offer in Arizona Procurement Portal. Refer to the solicitation attachment ADOA Building Services Uniform T & C Invitation for Bid, Uniform Terms and General

Conditions, Paragraph 3.11.

10. SOLICITATION AMENDMENT ACKNOWLEDGEMENT

Bids shall include acknowledgment of receipt of solicitation amendments on the provided form found

“Required Forms” located under “Exhibits” in the Arizona Procurement Portal and must be completed, scanned and uploaded into your Offer in Arizona Procurement Portal, and in at least one of the following ways: 1) by acknowledging amendments to this solicitation through Arizona Procurement Portal functionality or 2) by downloading the amendment document, signing and uploading the signed amendment document in Arizona Procurement Portal as part of the Proposal.

Amendments will be issued solely through Arizona Procurement Portal. It is the responsibility of the

Bidder to ensure that it has acknowledged all amendments that have been issued. Offers that are received and have not acknowledged all issued amendments either through the appropriate function in Arizona

Procurement Portal or by including signed copies of all solicitation amendments in their Offers may be deemed non-responsive.

11. COMPLETION TIME

The project completion time shall be 120 calendar days from the notice to proceed unless otherwise amended in writing.

12. LIQUIDATED DAMAGES

In lieu of actual damages, the Contractor shall pay a sum of not less than $430.00 as liquidated damages per Formal Solicitation Special Terms and Conditions Paragraph 37.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

13. INDEMNIFICATION AND INSURANCE

13.1. INDEMNIFICATION:

Contractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards, commissions, universities and its 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.

13.2. PROPERTY INSURANCE

A. Unless otherwise provided, The Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent change orders or modifications thereto for the entire Work at the site on a replacement costs basis without voluntary deductibles. Such property insurance 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 AGFD, has an insurable interest in the property required to be covered.

This insurance shall include interests of the AGFD, the Contractor, Subcontractors and Sub-subcontractors in the Project. During the life of the Contract and course of construction, custody of the Work is completed and accepted by the AGFD. For new construction projects, the Contractor agrees to assume full responsibility for loss or damage to the Work being performed and to the buildings under construction. For renovation construction projects the

Contractor agrees to assume responsibility for loss or damage to the Work being performed at least up to the full Contract Amount, unless otherwise required by the Contractor Documents or amendments thereto.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

B. Property insurance shall be on an "all-risk" policy form and shall include, without limitation, insurance against the perils of fire, (extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earth movement, water damage, flood, windstorm, false-work, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and

Contractor's services and expenses required as a result of such insured loss.

C. 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.

D. If the AGFD, Subcontractors or Sub-subcontractors are is damaged by the failure or neglect of the Contractor to purchase or maintain insurance as described above, without so notifying the

Contractor in writing, then the Contractor shall bear all reasonable costs properly attributable thereto.

E. If the property insurance requires minimum deductibles, the Contractor shall pay costs not covered because of such deductibles. If the Contractor or insurer increases the required minimum deductibles above the amounts so identified or if the Contractor elects to purchase this insurance with voluntary deductible amounts, the Contractor shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles.

F. Unless otherwise provided in the Contract, this property insurance shall cover portions of the

Work stored off the site, after written approval of the AGFD at the value established in the approval, and also portions of the Work in transit.

G. The policy must provide coverage from the time 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.

H. The policies required shall be endorsed to include the State of Arizona and the Arizona Game and Fish Department, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees wherever additional insured status is required 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 and shall stipulate that the insurance afforded shall be primary insurance and that any other insurance or self-insured retention providing coverage to the State and the AGFD, or to its agents or employees, shall be excess and not contributory insurance to the insurance provided by

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

I. Policy shall contain a waiver of subrogation against 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.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

J. The Contractor shall purchase and maintain, and furnish evidence of, Builder’s Risk Insurance.

At a minimum, the policy limits of such insurance shall be equal in face amount to the full

Contract Amount. At the option of the AGFD or if called for elsewhere in the Contract, the

Contractor shall furnish evidence of such insurance with limits up to the full value of the building under construction or renovation. Such insurance shall include the interest of the

AGFD, its employees and agents, and of the Contractor, its employees and agents, and of all

Subcontractor, Sub-subcontractors and their employees and agents.

K. Before an exposure to loss may occur, the Contractor shall file within 10 calendar days of request, with the AGFD a certified copy of each policy that includes insurance coverages required by this Paragraph 13, Property Insurance. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the AGFD.

L. The AGFD requires the right to request and receive, within ten calendar days, additional certified copies of any or all of the above policies and endorsements.

M. Failure on the part of the Contactor to procure or maintain the required insurance shall constitute a material breach of contract, upon which the AGFD may immediately terminate this agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the AGFD shall be repaid by

Contractor to the AGFD upon demand, or the AGFD may offset the cost of the premiums against any monies due to the Contractor from the AGFD.

13.3. LIABILITY INSURANCE

The Contractor shall furnish an insurance certificate similar to Exhibit IV to the AGFD, Buyer

Name, 5000 West Carefree Highway, Phoenix, Arizona 85086, after contract award, within ten

(10) days of request, and in accordance with this Paragraph.

Vendor shall procure and maintain, until all of their obligations, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the purchase and or use of the commodity.

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 Vendor from liabilities that might arise out of the purchase and use of the commodities sold under this Contract by the Vendor, his agents, representatives, employees or subcontractors and Vendor is free to purchase such additional insurance as may be determined necessary.

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

1.Commercial General Liability – Occurrence Form

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

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

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Fire Legal Liability $ 50,000

• Blanket Contractual Liability – Written and Oral $1,000,000

• Each Occurrence $1,000,000

2.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 to include the following additional insured language: “The

State of Arizona, its departments, agencies, boards, commissions, universities and its 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."

3.Worker's Compensation and Employers' Liability

Workers' Compensation Statutory

Employers' Liability

Each Accident $ 500,000

Disease – Each Employee $ 500,000

Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions, universities and its 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 subcontractor exempt under A.R.S. § 23-901, and when such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.

B. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain, the following provisions:

1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, and employees wherever additional insured status is required 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.

2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources.

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

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

C. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the State of Arizona. Such notice shall be sent directly to: Buyer Name, The Arizona Game and Fish Department, Purchasing Office, 5000 West Carefree Highway, Phoenix., AZ 85086 and shall be sent by certified mail, return receipt requested.

D. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non-admitted insurers in the State of Arizona with 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 Vendor 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 a person authorized by that insurer to bind coverage on its behalf.

All certificates and endorsements 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: Buyer Name, The Arizona

Game and Fish Department, Purchasing Office, 5000 West Carefree Highway, Phoenix., AZ

85086. 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. DO NOT SEND

CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK

MANAGEMENT SECTION.

F. APPROVAL: Any modification or variation from the Insurance Requirements in this Contract must have prior approval from the State of Arizona Department of Administration, Risk

Management Section, whose decision shall be final. Such action will not require a formal contract amendment, but may be made by administrative action.

G. 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 then none of the above Insurance Requirements shall apply.

Purchasing Office

5000 West Carefree Highway

Phoenix, Arizona 85086

14. DEFINITION OF KEY WORDS USED IN THE IFB

14.1. Will, Must, Shall: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of a proposal as non-responsive.

14.2. Should: Indicates something that is recommended but not mandatory. If the Offeror fails to provide recommended information, the State may, at its sole option, ask the Offeror to provide the information or evaluate the proposal without the information.

14.3. May: Indicates something that is not mandatory but permissible.

15. BABA CLAUSE:

Buy America Provision: Required Use of American Iron, Steel, Manufactured Products, and construction Materials for

Infrastructure.

As required by Section 70914 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58), on or after May

14, 2022, none of the funds under a federal award that are part of a Federal financial assistance program for infrastructure may be obligated for a project unless all the iron, steel, manufactured products, and construction materials used in the project are produced in the United States. Recipients must include the requirements in this section all subawards, including all contracts and purchase orders for work or products under this program.

None of the funds provided under this award may be used for a project for infrastructure unless:

15.1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States,

15.2. All manufactured products used in the project are produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation, and

15.3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

This Buy America preference only applies to articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

The requirements of this section may not apply if a general applicability waiver is in effect. The Subrecipient may not request any other waiver specific to this project without the express written authorization from the

Department. The Department may within its sole discretion withhold authorization.

SPECIAL TERMS AND CONDITIONS

Purchasing Office

SOLICITATION SPECIAL TERMS AND CONDITIONS, Updated 8/2016

1. CONTACTS

Offerors should carefully review this solicitation for defects and questionable or objectionable matter.

Comments or questions shall be entered in the “Discussion Forum” tab of the solicitation in Arizona

Procurement Portal (APP). As a secondary means of submitting written comments, direct comments to the attention of the Procurement Officer named in Arizona Procurement Portal for this solicitation. Such communication should be sent no less than five (5) business days prior to the solicitation due date and time.

Protests based on any omission or error, or on the content of the solicitation, may be disallowed if these faults have not been previously brought to the attention of the AGFD as required herein.

2. SYSTEM FUNCTIONALITY QUESTIONS

Questions regarding the functionality of, or otherwise navigating within the Arizona Procurement Portal system should be directed to the Arizona Procurement Portal Help Desk at app@azdoa.gov or 602-542-

7600.

3. REQUIRED INFORMATION

Offerors shall complete and submit the forms and attachments titled “Required Forms” in Arizona

Procurement Portal’s “Attachments” tab for this solicitation. Failure to provide all information requested may result in a bid being rejected. Offerors may submit additional documents at their discretion. Any questions you wish to make to the Procurement officer need to be addressed either in Arizona Procurement

Portal’s “Discussion Forum” tab or emailed to the Procurement Officer.

a. REQUIRED FORMS

“Required Forms” are located in the “Attachments” tab of Arizona Procurement Portal and must be completed, scanned and uploaded into your Offer in Arizona Procurement Portal.

b. PRICING

Complete all information as requested in Arizona Procurement Portal on the items tab. Additional pricing may also be requested in the “Required Forms” attachment in Arizona Procurement Portal.

c. TERMS AND CONDITIONS

Accept or state objections in APP as an attachment to of your quote in APP. Before stating objections, refer to, Uniform Instructions to Offerors, Offer Preparation, Exceptions to Terms and Conditions.

Purchasing Office

4. PRE-BID CONFERENCE

If Pre-Bid Conference is being held, the time and place will be indicated in the solicitation’s ‘Pre-Bid

Conference’ field as found within the State's e-Procurement system, Arizona Procurement Portal

(https://procure.az.gov). Attendance requirements will also be indicated in this field. See Uniform

Instructions to Offerors, Pre-Offer Conference.

In the event of a contract awarded, no plea of ignorance of conditions that exist, or may hereafter exist, or of difficulties that may be encountered in the provision of services under the contract will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all of the requirements of the Contract, nor accepted as a basis for any claims for extra compensation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter or this document in an alternative format, by contacting the AGFD Deputy Director, 5000 West Carefree

Highway, Phoenix, Arizona 85086, (623) 236-7290. Requests should be made as early as possible to allow sufficient time to arrange for accommodation.

5. ALTERNATE BID

If the bidder submits an alternate bid for an Invitation For Bid (IFB), each alternate bid shall be submitted as a completely separate bid with all documents, signatures and requirements of the solicitation included. Offerors may submit multiple options in a single offer when responding to a Request For proposal (RFP).

6. BID SOLICITATION AMENDMENT ACKNOWLEDGEMENT

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

Amendments will be issued solely through APP. It is the responsibility of the Bidder to download, read and acknowledge any and all amendments that appear in APP. Offers (quotes) received without acknowledgment of Amendments may be deemed as non-responsive.

Offers (quotes) received without acknowledgment of Amendments either through the appropriate function in Arizona Procurement Portal or by including signed copies of all solicitation amendments in the

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

Bids shall also include acknowledgment of receipt of solicitation amendments by uploading the signed amendment document found on the Required Documents under “Exhibits” in your solicitation response in

APP..

Purchasing Office

7. EVALUATION

In accordance with the Arizona Procurement Code A.R.S. § 41-2533, Competitive Sealed Bidding, IFB awards shall be made to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the solicitation.

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

8. CLARIFICATION OF OFFER

a. The purpose for clarifications is to provide for a greater mutual understanding of the solicitation response.

Clarifications are not negotiable and material changes to the solicitation response shall not be made by clarification.

b. The procurement officer may request clarification from offerors at any time after receipt of solicitation response. Clarifications may be requested orally or in writing. If clarifications are requested orally, the offeror shall confirm the request in writing. A request for clarifications shall not be considered a determination that the offeror is susceptible for award.

9. NON-EXCLUSIVE CONTRACT

The AGFD shall have the right to go outside of the contract to obtain similar goods or services from another source when necessary to meet the requirements of the AGFD.

10. ESTIMATED QUANTITIES

The quantities listed in the solicitation are estimates only. Actual quantities purchased may vary from estimates. The State reserves the right to purchase greater or lesser quantities than indicated without penalty.

11. ADDITIONAL LOCATIONS

The current locations listed in the solicitation may vary. The State and AGFD reserves the right to add future locations as circumstances may require without penalty to fulfill the needs of the Department.

12. BRAND NAME OR EQUAL SPECIFICATION

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

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13. DESCRIPTIVE LITERATURE

AGFD reserves the right to request the complete manufacturer's descriptive literature regarding the equipment to be furnished under this solicitation or provided per the contract scope of work/Specifications.

Literature shall be sufficient in detail in order to allow full and fair evaluation of the bid submitted. Failure to include this information may result in the bid being rejected or cancellation of the contract/order.

14. REFERENCES

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

15. PRICING

If the solicitation requests pricing, the total purchase price shall include product, freight, tax and other fees associated with the purchase. Pricing is to be submitted as requested in the Arizona Procurement Portal. If in Arizona Procurement Portal the solicitation requests that taxes are to be listed on a separate line, please break out the taxes from your pricing for the requested products or services and list separately as requested.

Tax rate may be requested on an attachment in the “Required Forms.” Taxes will not be included in the evaluation for award in accordance with Uniform Instructions to Offerors, Offer Preparation, Identification of Taxes in Offer.

16. TAXES

The AGFD is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as requested. When applicable, the tax rate and amount shall be identified in your offer in

Arizona Procurement Portal. The amount of any applicable transaction privilege or use tax of a political subdivision of this state is not a factor in determining the lowest bidder.

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

Conditions, Costs and Payments, Payments.

17. TRANSPORT AND SHIPPING TERMS

Bid prices shall be F.O.B. Destination for all regularly scheduled deliveries. ADDITIONAL FREIGHT

CHARGES WILL NOT BE AUTHORIZED. Contractor shall retain title and control of all goods until they are delivered to the Arizona Game and Fish Department and acceptance has been made by a representative of the AGFD. All risks of transportation and all related charges shall be the responsibility of the Contractor.

The State will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

The Contractor shall be fully responsible for the transport of the equipment to and from AGFD, for installation and for the correction of items of workmanship not in compliance with the specifications.

The Contractor shall be responsible for any loss of, or damage to AGFD property while such property is in the Contractor’s possession and/or subject to the Contractor’s control.

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18. DELIVERY

Delivery is desired as soon as possible, but no later than 30 (thirty) days after receipt of order unless otherwise indicated in the Scope of Work/Specifications. Specify the lead time for each item on the Items tab in the Arizona Procurement Portal.

The Contractor shall be responsible for delivery of all equipment in a complete and ready-for-use condition with all components functioning, cleaned, tested, lubricated, and serviced. Equipment shall be delivered to the AGFD free of decals or emblems identifying or advertising the Contractor. The standard identification of a manufacturer is acceptable. The Contractor shall be responsible for ensuring the delivery performance of subcontractors.

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

The Department will not accept deliveries on State holidays unless prior arrangements have been made and agreed to by both parties. Deliveries shall be to the AGFD Warehouse, 5000 W. Carefree Highway, Phoenix, AZ 85086 unless otherwise agreed upon in writing prior to the delivery and listed on the Purchase Order.

19. INDEMNIFICATION AND INSURANCE

Indemnification and Insurance requirements will be required as per the Scope of Work/Specifications and the Uniform Terms and Conditions, Risk and Liability.

20. POST AWARD CONFERENCE

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

21. CONTRACT TERM

The term of any resultant contract shall commence on the date of award and shall continue for one year unless canceled, terminated or extended as otherwise provided herein.

22. CONTRACT EXTENSION

The AGFD reserves the right to unilaterally extend the period of any resultant contract for thirty-one (31) days beyond the stated expiration date. In addition, by mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-eight (48) months in 12-month increments.

23. PRICE ADJUSTMENT

a. Original Price: The original price shall remain the same for the contract term. AGFD may review a fully documented request for a price increase only on the anniversary or renewal date of the contract, after the contract has been in effect for one year. Increases requested shall be based upon a cost increase to the

Contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product/service contractually covered.

b. The request shall be submitted from 90 to 120 days prior to the anniversary or renewal date of the contract and shall be a factor in the extension review process.

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c. Failure to submit the request within the stated timeframe and/or failure to supply adequate information with the request may result in the AGFD not considering the reques

d. AGFD, at its sole option, shall determine whether the requested price adjustment or an alternative option is in the best interest of the State. Approval shall be in the form of a contract amendment, and shall become effective on the date specified in the amendment. Upon approval by AGFD, the Contractor shall make available all electronic and hard copy catalog/price list updates at no additional cost.

e. The price adjustment, if approved, will become effective upon the effective date of the contract amendment.

24. PRICE REDUCTION

a. A formal announcement from the manufacturer that the cost of the contract product has been reduced.

b. Documentation (i.e. published cost lists) from the manufacturer showing, to the satisfaction of AGFD, the actual cost reduction.

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

25. CONTRACT INQUIRY

Following award, the Contractor(s) shall contact the AGFD Purchasing Office assigned buyer for guidance or direction in contract interpretation or questions regarding the terms, conditions or scope of the contract.

Questions regarding this scope of contract may be directed to the contract administrator.

26. CONTRACT ADMENDMENTS

The AGFD will reserve the right to modify this contract as circumstances may require without penalty to fulfill the needs of AGFD. The Contractor (s) will be notified prior to any changes in the contract. This Contract is issued under the authority of the Procurement Officer who signed this Contract. Changes will be completed in accordance to the Uniform Terms and Conditions, Contract Changes.

This section includes: procedures and documents for Contract price adjustments for Scope of Work changes.

a. Definitions

i. Change Order (CO): Document signed by Contractor and Owner directing the Contractor to proceed with the change(s) in the work per the terms stated on the Change Order and in compliance with the contract documents.

ii. Construction Change Directive (CCD): Document signed by Owner only, directing the Contractor to proceed with the change(s) in the work and stating a proposed basis for adjustment in Contract sum and time. This form is used in the absence of agreement on the terms of the change in the work.

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b. Procedures

i. From time to time, the Owner may issue to the Contractor, a Proposal Request (PR) for a change in the work. The request will contain a description of the change with Drawings and

Specifications, as applicable.

ii. The Contractor may also propose a change in the work due to unforeseen conditions or from supplemental instructions received from the OWNER, by submitting a Change Order Request

(COR) This request is submitted to the OWNER and describes the proposed change stating the reason for the change, and the impact on Contract cost or time, with supporting documentation.

iii. Any adjustment of time either additive or deductive shall be clearly shown on the schedule and clearly effecting the critical path.

c. Execution of Documents:

i. When a Proposal Request is received by the Contractor, he shall respond within seven (7) days with the resulting increase or decrease in Contract sum and/or time. This response shall be in the form of a COR and shall contain sufficient detail and back-up information to support the requested

Contract adjustment. Likewise, the OWNER shall respond to the Contractor's COR within seven

(7) days of receipt.

ii. For omitted work, the decrease in the Contract sum will include appropriate decreases in profit and overhead.

iii. The Owner will review the COR and may request additional information or documentation, which shall be provided promptly upon request.

iv. If the Owner accepts the terms of the change, and chooses to proceed with the work, the OWNER shall issue a Change Order for signature by the Contractor and Owner, in that order. Provide three (3) originals with back-up (Contractor and subcontractor supporting costs),

v. In the absence of total agreement on the terms of a Change Order, the Owner may issue a

Construction Change Directive (CCD) to be followed by a Change Order when an agreement is finally made.

vi. The Contractor shall promptly precede with any Owner's approved change in the work upon receipt of an executed Change Order or Construction Change Directive.

d. Computation of Costs:

i. The Contractor, Subcontractors, their suppliers and subcontractors, shall compute the cost of both additive and deductive changes in the work in accordance with the worksheets following this

Section.

ii. Labor and material costs must be separately itemized by crafts, hours and rates.

iii. Supplies, equipment, rentals and transportation must be included but not necessarily separately.

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iv. Each contractor/subcontractor's overhead and profit calculation applies to add and deduct Change

Orders (as a matter of equity). Project manager and superintendent time to prepare and execute this the work is included in the overhead. Allowable mark-up is shown in the table below for the value of the change order.

$0-49,999 $50,000-

99,999

$100,000-

499,999

$500,000+

Self - perform 12% 10% 8% 7%

Subcontractor 8% 6% 5% 4%

v. Supporting documentation shall include but not limited to sub-contractor quotes, material quotes, Equipment rental quotes or blue book rental rate whichever is less, and labor broken down by position.

vi. Sales tax shall be calculated per ARS 42-5075(B) and included in the cost provided.

vii. When a Change Order consists of both additives and deductive each must be calculated

SEPARATELY and then totaled.

viii. If the contract provides for a specific lump sum or unit price these may be substituted for itemized breakdowns. In these cases attached the contract's provision of these sums.

e. Samples forms:

The following Documents are SAMPLES: to be used by both General Contractor and sub-contractors issued to the general.

i. CHANGE ORDER BREAKOUT WORK SHEET

ii. CONSTRUCTION CONTRACT CHANGE AZGFD CHANGE ORDER FORM.

27. LICENSES

Contractor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor. The Contractor shall be responsible for ensuring the current license and permit status of subcontractors, if any. Failure of the Contractor to obtain or maintain approved federal, state and local licenses and permits required for the operation of the business and performance of this IFB may be considered a failure to perform to expectations.

The Contractor shall provide their contractors license number and the type of license in the space provided on the Data Sheet found in the “Required Forms” located under “Exhibits” in APP. If subcontracting, the

Offeror shall provide the license numbers for subcontractors on the provided form found in “Required

Forms” located under “Exhibits” of…