CTR062276.M22-0024_Award_Documents_Crushed_Asphalt__APP_Upload__Southwest_Siteworks.pdf

Douglas A. Ducey Maj Gen Kerry L Muehlenbeck Governor The Adjutant General

September 20, 2022

Southwest Siteworks LLC 6727 N Silverbell Rd Tucson, AZ 85743 Attn: Jacob Buckley Email: jakebuckley@southwestsiteworks.com

Re: NOTICE OF INTENT TO AWARD: Crushed Asphalt

BPM004630/M22-0024

Dear Mr. Buckley, The purpose of this letter is to inform you that the Arizona Department of Emergency and Military Affairs intends to award to your firm a contract for your bid on all materials at Camp Navajo and your Rip Rap bid at Florence and Papago Park.

Prior to making the formal award and issuing the resultant purchase order, you must provide:

1. Certificate(s) of Insurance.

2. Workers Compensation Documentation.

Each of these documents/forms must be provided within five (5) calendar days after receipt of this letter.

The Arizona Department of Emergency and Military Affairs must be named as the certificate holder and as the additional insured on the certificate of insurance. The insurance certificate must be provided on an ACORD form (or equivalent format approved by the State of Arizona). Additionally, your firm must maintain the minimum coverage limits stated in the contract/solicitation throughout the contract performance period. A minimum thirty

(30) day cancellation notice must be provided for any change or modifications to the required insurance coverage(s).

You are hereby cautioned not to commence any billable work or provide any material, service or construction under this contract until you receive an executed purchase order or contract release document.

If you have questions, I may be reached by email, robert.coleman@azdema.gov.

Sincerely, Robert Coleman Procurement Specialist

Cc: Electronic File

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILTARY AFFAIRS

5636 East McDowell Road, Bldg M5800 Phoenix, Arizona 85008-3495 mailto:jakebuckley@southwestsiteworks.com mailto:robert.coleman@azdema.gov

STATE OF ARIZONA

DEPARTMENT OF EMERGENCY AND MILITARY AFFAIRS

DEMA Procurement Office, Building #M5800

5636 East McDowell Road

Phoenix, Arizona 85008-3495

Maj Gen Kerry L Muehlenbeck

The Adjutant General

REQUEST FOR QUOTATION: APP #BPM004630/M22-0024

Crushed Asphalt

OFFER /AND ACCEPTANCE

(Required - Submit with Bid)

Arizona Department of Emergency and Military Affairs

OFFER

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the

Solicitation and any written exceptions in the offer. Signature also certifies Small Business status.

Company Name Signature of Person Authorized to Sign Offer

Address Printed Name

City State Zip Title

Phone:

Fax:

Contact Email Address

By signature in the Offer section above, the Offeror certifies:

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order

11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection of the offer.

Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER

The Offer is hereby accepted.

The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

This Contract shall henceforth be referred to as Contract No. ____________________________________________________.

The effective date of the Contract is ____________________________________________________.

The Contractor is cautioned not to commence any billable work or to provide any material or service under this contract until

Contractor receives purchase order, contact release document or written notice to proceed.

State of Arizona

Awarded this day of 20

Chief Procurement Officer

Southwest Siteworks LLC

6727 N Silverbell RD

Tucson AZ 85743 President

520-904-2456

Jacob Buckley jakebuckley@southwestsiteworks.com

CTR062276/M22-0024

09/21/2022

23rd September 22

DEMA Procurement Office, Building #M5800

5636 East McDowell Road

Phoenix, Arizona 85008-3495

Maj Gen Kerry L Muehlenbeck

The Adjutant General

REQUEST FOR QUOTATION: APP #BPM004630/M22-0024

Crushed Asphalt

ATTACHMENT A: SUBCONTRACTORS AND MATERIAL SUPPLIERS LIST

(Required - Submit with Bid)

INSTRUCTIONS:

List of all manufacturers and the manufacturer’s equipment and material to be furnished and/or installed by the Contractor on the project as specified herein and the names of qualified subcontractors and material suppliers to be employed in the performance of this contract. Failure on the part of the Offeror to complete this list properly may constitute sufficient grounds to reject this Quote. Where more than one subcontractor or material supplier is involved in a specific discipline, all of the subcontractors and material suppliers shall be listed. Listing the subcontractor(s) license number(s) IS required at the time of quote submission.

TYPE OF WORK OR MATERIAL

CONTRACTOR/SUPPLIER

ARIZONA

CONTRACTOR

COMMERCIAL

LICENSE NO.

CONTRACTOR PAYMENT

TERMS:

NET__________DAYS / OR INVOICES HEREIN CAN BE DISCOUNTED BY ____________% IF

PAYMENT IS MADE WITHIN___________DAYS OF INVOICE RECEIPT.

Date General Contractor Signature

Aggregate

CEMEX

Calportland

Vulcan

N/A

N/A

N/A

Aggregate

Aggregate

30 1

6.14.22

DEMA Procurement Office, Building #M5800

2.3.9. Subcontracts:

The Contractor shall not enter into any Subcontract under this Contract for the performances of this contract without the advance written approval of the Procurement Officer. The Contractor shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities.

The Subcontractor shall incorporate by reference the terms and conditions of this Contract.

2.3.10. Licenses (Required - Submit with Bid)

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. Should the awarded contractor choose to sub-contract any portion of the job, the following requirements are necessary according to the Arizona Revised Statute § 32-1121, Professions and Occupations: This requirement applies to both in-state and out of state contractors.

The awarded contractor must have an Arizona Contractors License if the cost of material and installation exceed $ 1,000.00.

Contractor’s License No.

Type of License

State of License

The sub-contractors license number and type must be identified in the contractor's solicitation submitted.

Sub-Contractors Name

Sub-Contractors License No.

Type of License

State of License

2.3.11. Confirmation of Services

A service-ticket/work-order must be provided by the contractor upon completion of the project, and signed by DEMA staff. A copy of the service-ticket/work-order shall be left at the facility as proof of service and provided with the invoice. Failure to provide could delay processing of invoice until received.

2.4. PRICING

2.4.1. Pricing

All Inclusive. Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the Statement of Work/Scope of Work and all aspects of the Contractor’s offer as accepted by the State. Details of service not explicitly stated in the Statement of Work or in the

Contractor’s Offer, but necessarily a part of, are deemed to be understood by the Contractor and included herein. All administrative, reporting or other requirements, all overhead costs and profit

331856

KA Engineering

AZ

N/A

N/A

N/A

N/A

DEMA Procurement Office, Building #M5800

1.2.11. References

Upon request, the bidder shall furnish no less than three (3) firm/company names, contact names, e-mail address and telephone numbers of customers for whom he has provided the same type service specified in this solicitation. All references provided must be for work performed within the last three (3) calendar years.

1.2.12. Offer and Acceptance

Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance Form shall be signed with an original signature by the person signing the Offer, and shall be submitted electronically with the submitted quotation no later than the Offer due date and time.

Failure to return an Offer and Acceptance Form may result in rejection of the Offer.

1.2.13. Contract Payment Terms (Required - Submit with Bid)

Offerors must indicate the prompt payment terms that they will offer to the State (for example:

2/10 Net 30; 2/15 Net 30, etc.)

1.2.13.1. At a minimum, Offeror's payment terms shall comply with the requirements of

A.R.S. Titles 35 and 41, Net 30 days.

1.2.13.2. Payment Terms: Net Days/Or Invoices herein can be discounted by

% if payment is made within Days of Invoice Receipt.

1.2.14. Prompt Payment Discounts

1.2.14.1. Payment discount periods shall be computed from the date of receipt of the material/service or correct invoice, whichever is later, to the date Department’s warrant is mailed. Unless freight and other charges are itemized, any discount provided shall be taken on full amount of invoice. The Department shall be entitled to take advantage of any payment discount offered by Contractor provided payment is made within the discount period

1.2.15. Delivery (Required - Submit with Bid)

1.2.15.1. As delivery will be an important consideration in awarding this bid, vendor shall indicate his best delivery time below:

1.2.15.2. Delivery time: days after receipt of (ARO) Purchase Order.

1.2.16. Shipping Terms

Vendor is requested to submit their best price, F.O.B. Destination, freight prepaid, to the previously cited location(s).

Reference Special Terms and Conditions for additional shipping information and requirements.

1 10

1-5

DEMA Procurement Office, Building #M5800

ATTACHMENT B: CERTIFICATE OF CORPORATE AUTHORITY

Offerors must provide the following information:

A Corporation existing under the laws of the State of:

A Partnership consisting of:

An Individual trading as:

If your firm is a corporation, completion of the following certification is mandatory. (NOTE: THE

CERTIFICATE MUST BE COMPLETED BY AN OFFICER OF THE CORPORATION AND

WHO DID NOT SIGN THE OFFER PAGE).

I, , certify that I am the of the Corporation named as Offeror herein; that who signed this

Proposal on behalf of the Corporation, was then the of said Corporation;

that said Proposal was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers.

CORPORATE OFFICER

(Signature)

CORPORATE OFFICER

(Print)

DEMA Procurement Office, Building #M5800

Designation of Confidential, Trade Secret & Proprietary Information

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C.

R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

City State Zip Title x

6727 N Silverbell RD

Tucson AZ 85743 President

Jacob Buckley

DEMA Procurement Office, Building #M5800

R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice;

or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

DEMA Procurement Office, Building #M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

Unless and until the District Court's injunction in Jordahl v. Brnovich et al., Case No. 3:17-cv-08263 (D. Ariz.) is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. 35-393.01 (A)) is unenforceable and the State will take no action to enforce it. This attachment (Participation in Boycott of Israel) is not a mandatory part of the offer as long as the injunction remains in place. Offers will not be evaluated based on whether this certification has been completed.

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01 This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance.

As defined by A.R.S. §35-393.01:

1."Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States

Code section 4607(c) applies.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means a Sole Proprietorship, Organization, Association, Corporation, Partnership, Joint Venture, Limited

Partnership, Limited Liability Partnership, Limited Liability Company or other entity or business association, and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate.

3. "Direct holdings" means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests.

4."Indirect holdings" means all securities of a company that are held in an account or fund, including a mutual fund, that is managed by one or more persons who are not employed by the state treasurer or a retirement system, if the state treasurer or retirement system owns shares or interests either:

(a) together with other investors that are not subject to this section.

(b) that are held in an index fund.

5.”Public entity" means this State, a political subdivision of this STATE or an agency, board, commission or department of this state or a political subdivision of this state.

6. ”Public fund" means the state treasurer or a retirement system.

7. "Restricted companies" means companies that boycott Israel.

8. "Retirement system" means a retirement plan or system that is established by or pursuant to title 38.

DEMA Procurement Office, Building #M5800

PARTICIPATION IN BOYCOTT OF ISRAEL

All offerors must select one of the following:

My company does not participate in, and agrees not to participate in during the term of the contract a boycott of

Israel in accordance with A.R.S. §35-393.01. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01. :

By submitting this response, proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s action based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

City State Zip Title x

Southwest Siteworks LLC

6727 N Silverbell RD

Tucson AZ 85743 President

Jacob Buckley

Material Units Unit Unit Price

Crushed Aspaht 1 TN 45.00$

Crushed Rock 1 TN 50.00$

Sand 1 TN 45.00$

AB 1 TN 40.00$

Rip Rap 1 TN 60.00$

Material Units Unit Unit Price

Crushed Aspaht 1 TN 60.00$

Crushed Rock 1 TN 70.00$

Sand 1 TN 55.00$

AB 1 TN 50.00$

Rip Rap 1 TN 70.00$

Material Units Unit Unit Price

Crushed Aspaht 1 TN 45.00$

Crushed Rock 1 TN 50.00$

Sand 1 TN 40.00$

AB 1 TN 45.00$

Rip Rap 1 TN 60.00$

Papago Park

Florence Training

Camp Navajo

BPM#00004630/M22-0024 Pricing Southwest Siteworks

S T A T E O F A R I Z O N A

DEMA Procurement Office 5636 East McDowell Road, Bldg M5800

SOLICITATION NUMBER: BPM004630/M22-0024

SOLICITATION AMENDMENT # One (01) ISSUE DATE: June 14, 2022

SOLICITATION AMENDMENT

The Due Date, June 16, 2022 at 3:00 PM (AZ TIME) shall remain unchanged.

Vendors shall acknowledge all changes/additions/deletions by signing and submitting this amendment with their bid.

Vendor Acknowledgement: ___ ____ Date: ____________________

Please be advised, if your company already submitted a bid and attachments in a previous round of the above listed solicitation, the bid MUST be resubmitted in the current round to have your company considered in the bidding process of this project. Failure to do so would negate previous submission and the bid submitted would not be reviewed.

The following changes, additions, and/or deletions are for the above noted solicitation. This amendment forms a part of the contractual documents/solicitation and modifies them as follows:

The following items for pricing are a part of the original Scope of Work but were not added in the line items of the solicitation. The following line items have now been added for pricing.

Add/Remove/Replace in the scope of work:

1.2 Location One, 1.3 Location Two and 1.4 Location Three per Scope of Work:

Sand – washed or mortar sand

Riprap – 4” – 6” size

Gravel – mag spec AB, ¾” surface-based aggregate Question(s) Submitted:

Question:

Can you please specify the type of sand, AB and Rip rap required?

Response:

Specification of types of sand, AB and rip rap, please see above add to the Scope of Work.

Question:

Also is an estimated amount per location?

Response:

Estimated Amount per location shall be 24 cubic yards.

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN IN THEIR ENTIRETY.

END OF AMENDMENT

6.20.22

S T A T E O F A R I Z O N A

DEMA Procurement Office 5636 East McDowell Road, Bldg M5800

SOLICITATION NUMBER: BPM004630/M22-0024

SOLICITATION AMENDMENT # Two (02) ISSUE DATE: June 16, 2022

SOLICITATION AMENDMENT

The Due Date, June 20, 2022 at 3:00 PM (AZ TIME) shall remain unchanged.

Vendors shall acknowledge all changes/additions/deletions by signing and submitting this amendment with their bid.

Vendor Acknowledgement: ___ ____ Date: ____________________

Please be advised, if your company already submitted a bid and attachments in a previous round of the above listed solicitation, the bid MUST be resubmitted in the current round to have your company considered in the bidding process of this project. Failure to do so would negate previous submission and the bid submitted would not be reviewed.

The following changes, additions, and/or deletions are for the above noted solicitation. This amendment forms a part of the contractual documents/solicitation and modifies them as follows:

The following items for pricing are a part of the original Scope of Work but were not added in the line items of the solicitation. The following line items have now been added for pricing.

Remove in the scope of work:

1.3.3. Annual Contract Delivery Requirements (Required - Submit with Bid)

1.3.3.1 The Department of Emergency and Military Affairs will be purchasing, as needed, quantities of the requested materials during the contract period. The vendor shall take this into consideration and provide below the minimum quantities of assorted items and/or minimum quantities of one item for freight prepaid delivery or provide the dollar amount required to qualify for pre-paid delivery.

1.3.3.2. Amount for Pre-Paid Delivery $ _____________

1.3.4. Estimated Quantities

1.3.4.1. The Department anticipates considerable activity resulting from contract(s) that will be awarded as a result of this solicitation; however, no commitment of any kind is made concerning quantities actually acquired and that fact should be taken into consideration by each potential contractor.

1.3.4.2. This total contract worth is approximately $_____________ annually.

ALL OTHER TERMS AND CONDITIONS SHALL REMAIN IN THEIR ENTIRETY.

END OF AMENDMENT

6.20.22