Soilworks products are the industry’s top standard due to our insistence on creating high performance soil stabilization and dust control products that stand up to rigorous testing – both in the lab and in the field. Our commitment to quality and performance has led to our involvement and testing in hundreds of real-world situations. The following library of reports, presentations, specifications, approvals and other similar documents provide you, our customer, the transparency and dependable assurance that is expected from Soilworks.
COUNTY OF MOHAVE
CAPITAL PAVEMENT PRESERVATION PROGRAM
CONTRACT N0. 12-P-05-01
SOILWORKS, LLC CHANDLER, ARIZONA
BOARD OF SUPERVISORS
BUSTER D. JOHNSON
June 29, 2012
SUBJECT: Request for Proposals No. 12-P-05, Capital Pavement Preservation Program Request for Additional Information
Dear Ms. Ambrose:
After review of the information you provided on June 13, 2012, additional clarification is still needed.
In response to the County’s request for warranty and/or performance criteria, your response is that “performance cannot be generalized on the exact expectations.” However, the submitted Maricopa County specification 08132-C Section 188.8.131.52.1.2.1 states “Results of treated soil must show a minimum 25% increase in CBR value over the untreated soil for the product to be accepted.”
The County is recommending a reference to Maricopa County specification 08132-C with the following revisions: UnderSection 184.108.40.206.1.2.1 infirst sentence, replace “Ullh’eated local A-7 soil” with “zmh·eated soil that is either representative of the site soils to be treated or be a local A-7 in accordance with AASmOM-145 as determined by the Engineer.”
Please respond confirming that this reference is acceptable. Kindly submit your firm’s response to the Department of Procurement prior to close of business on July 10,2012.
Again, the County appreciates your interest in providing services under this Contract. Should you have any questions or wish to discuss further, please do not hesitate to contact me at (928) 753-0752, Ext. 3 or via e-mail at firstname.lastname@example.org.
MOHAVE COUNTY PROCUREMENT DEPARTMENT
Tara L. Acton,
Procurement Officer Senior
cc: File No. 12-P-05
Mohave County Department of Procurement-Request for Additional Information -Capital Pavement Preservation Program No. 12-P-05
As specified by the County In the document emailed and faxed on June 7’h 2012, please see the following information requested below or as attached as an Exhibit:
Submission of at least one state DOT or Arizona agency approved specification of the material, equipment, surface preparation, application, curing, quality control and/or warranty involved in the use of the product proposed.
Soilworks LLC Response-Please see a copy of an attached exhibit labeled “Exhibit 1” which Is the Maricopa County Dusty Palliative/Stabilizer Contract Serial 08132 C. Also Included are additional approval letters by various State and County entities that have approved our product offering for road stabilization and/or dust control. These Letters of Acceptance are labeled “Exhibit 2”,
Warranty and/or Performance criteria under a range of soil conditions predominant to any project to include:
Gravels: GW,GP, GM and GC Sands: SW, SP, SM and SC
Silts and Clays: ML, CL, and OL Silts and Clays: MH, CH and OH
Soilworks, LLC Response-Because of the unique nature of the soils/aggregates referenced above the warranty and performance cannot be generalized on the exact expectations. There are many variables in each job requirement which would Include In situ moisture, soil and surface conditions, surface preparation, compaction, soils present, and the rate of the product applied. Soilworks, LLC has attached an exhibit labeled “Exhibit 3” which Is a Laboratory Report for Maricopa County DOT which tested the material AASHTO A-7 Soll. This Exhibit should help the County better understand how our proposed product corrected CBR Value at a 95% compaction rate with that specified soil.
Sollworks, LLC has also submitted to the County for review a Soll Matrix Study with different AASHTO SoilClassifications and the effect of our product on these soils. This Exhibit Is labeled “Exhibit 4”. This InformationIsconfident/al to Sol/ works. LLC and not to be published with the final bid tabulation resultsnorpart of the overall scope of the bid documents submitted to the Count y by Soi/works. LLC. This Information Is for the County’s review only to better understand our product offering.
County wishes to conf irm that t he price offered is for the prod uct delivered i n concentrated form.
Soilworks LLC Response-The pricing offered to the County for the product proposed (Solltac) Is $7.25 per gallon, bulk. The pricing if the County requests the product In a 275 gallon tote Is $7.75 per gallon. The prod uct will be delivered to the County In concentrated form. The dilution of product wlll occur on-site with the county paying for the direct cost of the water used. The pricing Is based on product only. The pricing Is FOB Chandler and does not Include applicable taxes.
SERIAL 08132 C DUST PALLIATIVE/STABILIZER
DATE OF LAST REVISION: March 16, 2012 CONTRACT END DATE: August 31, 2012
CONTRACT PERIOD THROUGH AUGUST 31, 2012
TO: All Departments
FROM: Office of Procurentent Services
SUBJECT: Contract for DUST PALLIATIVE/STABILIZER
Attached to this letter is published au effective purchasing contract for products aud/or services to be supplied to Maricopa County activities as awarded by Maricopa County on August OS, 2009.
All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above.
Wes Baysinger, Chief Procurement Officer
Office of Procurement Services
Copy to: Office of Procurement Service
Jin, Baker, Public Works
(Please remove Serial 03033-C from your contract notebooks)
Soilworks Exhibit 1
The intent of this call for bids is to establish a pricing agreement for DUST PALLIATIVE
/STABILIZER and related items. The quantities estimated in this specification are for reference only. Typically, all products will be delivered to the specified job site by the awarded vendor(s), in a concentrated form. (The County may desire to pick-up and deliver small quantities of product at times, with County equipment and personnel.) This invitation for bid requests pricing for the delivered product and the application by the award vendor(s) as well as pricing for County pick-up. Material ordered shall be delivered to the specified job site or picked-up by County, .as covered by a purchase order only.
Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 2. 13 and 2.14, below).
2.2 TECHNICAL REQUIREMENTS:
2.2.1 ACRYLIC COPOLYMER: (Soil-Semen! or equivalent)
220.127.116.11 Acrylic copolymer dust palliative/stabilizer product shall conform to the requirements of MAG Section 792.2 (A) and section 230, except replace ASTM Test Method D244 with D2834 and as modified herein,
18.104.22.168 Product Qualifications:
22.214.171.124.1 Contractor shall submit test reports to show that the dust palliative/stabilizer product proposed for use meets the following minin1um requirements.
126.96.36.199.1.1 Testing must be specific to the proposed product and not generic to typical industry acrylic copolymer products.
188.8.131.52.1.2 Testing shall be performed by independent AASHTO accredited laboratories and signed and sealed by Professional Engineers registered in the State of Arizona.
184.108.40.206.l.2.I Performance Tests: Contractor shall submit tests showing the CBR (California Bearing Ratio) value of an untreated local A-7 soil and CBR values of that same soil at the vendor selected copolymer concentrate percentage. Results of treated soil must show a minimum 25% increase in CBR value over the untreated soil for the product to be accepted.
2. I.l.220.127.116.11.1 The test method used shall be in accordance with ASTM 01883 Test Method for CBR of Laboratory Compacted Samples, modified as follows:
2.l.18.104.22.168.1.1.l Curing – CBR specimens, after molding, shall be left in their old, on their sides and cured in the laboratory air for 7 days prior to being immersed in water for 96 hours and then tested for CBR
22.214.171.124.126.96.36.199.2 Moisture Content – CBR samples shall be compacted at the optimum moisture content, bothtreated and untreated (ASTM 0698, method C). Three specimen averages required. Surcharge weight shall be 10 lbs.
2. l.188.8.131.52.1.2 Test reporting shall include all the information required by ASTM 01883, Section 10.0 for both treated and untreated CBR samples. In addition, the penetration vs. stress plot w for each test shall be included (ASTM 01883, Fig. 2).
184.108.40.206.220.127.116.11 Material Tests: Contractor shall submit a test report showing that the undiluted acrylic copolymer (concentrate) product is in conformance with the material requirements as specified in MAG Section 792 for specific gravity, active solids content, pH and viscosity.
2.l.1.2.2 The Contractor is responsible for any costs associated with the testing of soil prior to the application of acrylic copolymer product and testing of the acrylic copolymer product as specified herein.
2.1.1 Shelf Life:
18.104.22.168 Product shall have a shelf life of at least 15 calendar days from the date of delivery to the County. If the product is unusable due to manufacturer defects within the shelf life, Contractor assumes full responsibility, and shall reimburse the County for returned product, at the contract unit price.
2.2 GENERAL SPECIFICATIONS:
2.2.1 Reference Standards:
Reference to standards and/or specifications herein shall be interpreted to mean the latestrevision unless noted otherwise. The following abbreviations appear in this Specification.
ADOT Arizona Department of Transportation Standard Specifications for Road and Bridge Construction
Test Method ASTM
Arizona Department of Transportation Materials Testing Manual
American Society for Testing and Materials
MAG Maricopa Association of Governments Uniforn1 StandardSpecifications for Public Works Construction
The following standards shall be made part of this Specification ADOT 404 Bituminous Treatments
ASTM D698 Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbflft3 (600 kN-mim 3 )
ASTM 01883 Test Method for CBR (California Bearing Ratio) of Laboratory Compacted Soils
ASTM 02834 Test Method for Nonvolatile Matter (Total Solids) in Water-Emulsion Floor Polishes, Solvent-Based Floor Polishes, and Polymer-Emulsion Floor Polishes
ASTM 04944 Test Method for Field Determination of Water (Moisture) Content of Soil by the Calcium Carbide Gas Pressure Tester
ASTM 06938 Test Method for In-Place Density and Water Content of Soil and Soil Aggregate by Nuclear Methods (Shallow Depth)
MAG 792 Dust Palliative
2.2.2. I The Contractor shall provide the following submittal items at the time of bid. The document shall be bound together with a cover sheet titled “Dust Palliative/Stabilizer Submittals” and stating the project title with bid request number, name and address of bidder, name and address of dust palliative/stabilizer product vendor, and dust palliative/stabilizer product type and trade name. Failure to provide adequate proof of conformance to the criteria herein shall be considered grounds for rejection of product and/or bid.
22.214.171.124.1 Dust palliative/stabilizer product Applicator’s qualifications in accordance with Section 2.2.13 6.
2.2.2. l.2 Test reports and certifications: Proof of conformance of materials to the criteria defined in Section 2.1 in the form of test reports and certifications.
2.2.2. l .4 Proof of compliance with all environmental requirements in accordance with Section 2.2.4.
2.2.3 Contractor equipment:
126.96.36.199 The Contractor shall provide distribution equipment and on-site storage tank necessary to complete the work as requested by the County. All equipment used for this work is subject to approval by the County Engineer. Equipment which fails to provide an acceptable application of properly diluted dust palliative/stabilizer product or does not perform satisfactorily shall be removed from the project and replaced with acceptable equipment meeting the requirement of this specification.
188.8.131.52 Dust palliative/stabilizer product shall be applied by a pressure-type distribution vehicle equipped with a power unit for the pump, full circulation spray bars adjustable laterally and vertically, and computer controls. The distribution vehicle shall be calibrated to ensure a controlled application method. Valves which control the flow from nozzles shall be of a positive active design so as to provide a uniform, unbroken spread of dust palliative/stabilizer on the surface.
184.108.40.206 Distributor equipment shall be equipped with a tachometer and pressure gauge. To provide for accurate) rapid determination and control of the amount of dustpalliative being applied, distributor equipment shall include one or more of the following: accurate volu1ne measuring devices, a calibrated tank} and/or acertified meter or weight tickets and calibration charts relating to the specific gravity of the concentrate and/or dilution. A sight glass on the tank that has been calibrated or a tank that has gone through a calibration process with a graduated, calibrated rod are examples of “accurate volume measuring devices.”
220.127.116.11 Distributor trucks shall be in accordance with ADOT Section 404-3.02, except as modified herein. Distributor trucks shall be designed, equipped, maintained and operated so that dust palliative/stabilizer product may be applied uniformly on variable widths of surface up to 16 feet at readily determined and controlled rates from 0,03 to 1.0 gallons per square yard, with uniform pressure, and with an allowable transverse variation fro1n any specified rate not to exceed l 0% or 0.02 gallon per square yard, whichever is less.
18.104.22.168 Distributor trucks proposed for use shall have been tested within 6 months from the date of spreading to detem1ine the rate of the transverse spread
22.214.171.124.1 The contractor shall furnish the County with evidence that the transverse spread of the distributor truck, when the trucks were approved for use, wasas uniform as practicable and under no condition was there a variance on any of the test pads greater than the allowable transverse variation; however, the County may require thateach distributor truck be tested to determine the rate of the transverse spread. The rate of the transverse spread shall be determined in accordance with the requirements of Arizona Test Method 411.
2.2.4 Environmental Compliance:
126.96.36.199 Chemical dust palliative/stabilizer product shall be in compliance with the environ1nental criteria as described in MAG Section 792.3, except as modifiedherein.
188.8.131.52 Contractor shall provide a copy of the current Material Safety Data Sheet (MSDS) for the dust palliative/stabilizer product with their bid. The MSDS must include all chemical compounds present in concentrations greater than G.-1-% 1.0% for dust palliative/stabilizer product.
184.108.40.206 Contractor shall provide adequate proof that stom1 water runoff from treated areas (as a result of application of the chemical dust palliative/stabilizer product) shall not contain concentrations that exceed benchmark values of the parametersdesignated in paragraph 26 Table 3 .J. (Parameter Benchmark Values (page 64767), Section VI Summary of Common Permit Conditions, subsection E Monitoring and Reporting Requirements +able) of the Final Reissuance of the National Pollutant Discharge Elimination System Storm Water Multi-Sector General Permit for Industrial Activities, as of Monday, October 30, 2000 or the Arizona Surface Water Quality numeric standards as defined in the Arizona Administrative Code, Title 18, Chapter JI, for stretches of the Salt River in Phoenix, Arizona. Adequate proof can be shown by providing all ene of the following:
220.127.116.11.1 Complete. aquatic toxicity test for lethal concentration at 50% (LC50). 18.104.22.168.2Provide complete and accurate listing of all individual chemical
constituents (including proprietary chemical information) and percentage of each in a given volume of pure chemical product.
22.214.171.124.3 Surface water runoff test. This test involves running distilled water over a treated soil area, collecting the test, water, and submitting to acertified lab for analysis.
126.96.36.199 Contractor shall obtain from the dust palliative/stabilizer product manufacturer independent verification and certification of perforn1ance and environn1entalclaims by a recognized agency of the United States or Canadian Precertification or Environmental Technology Verification programs for chemical dust suppressants. Verification and certification shall be submitted to the Buyer at time of bid.
2.2.5 Certificates of Compliance:
188.8.131.52 Contractor shall provide a certificate of compliance with each lot purchased. The certifications shall state as a minimum that the product complies with specifications submitted with the bid.
184.108.40.206 Contractor shallbe required to deliver and apply bulk concentrated product as determined by the County, to any part of Maricopa County within seven (7) days of receipt of Purchase Order. Minimum order quantity shall typically be 4000 gallons of concentrate, unless requested otherwise.
2.2.4 Application Dust Control:
220.127.116.11 Work shall consist of topical application of diluted acrylic copolymer dust palliative, and other associated miscellaneous work required for the completion of the work. Miscellaneous work includes, but is not limited to, handling of onsite tanker, pumping, dilution and mixing product, record keeping and reporting daily usage, providing sample containers, sampling and on-site technical support. Minor grading, moisture conditioning, and compaction, will be done by the County. County shall provide water for product dilution at the site.
2.2.5 Terminal Facilities:
18.104.22.168 Contractor shall have terminal facilities in the Phoenix Metropolitan area where the County can use their own equipment to pick up reasonable and minimumquantities of contract materials Monday through Friday, 5:00 a.m. to 4:00 p.m.
2.2.4 Measuring Device:
2.2.12.l Contractor shall have a “calibrated” device capable of accurately measuring, in gallons, the amount of material loaded into trucks.
22.214.171.124.1 This device will be used by the contractor at all times to accurately measure the amount of material, in gallons, loaded intovendor supplied or County supplied trucks.
2.2.5 Mixing Water:
2.2.13.l Product shall be easily prepared for application by mixing with water at ambient temperature front sources, including but not limited to, wells, canals,lakes, and fire hydrants. The County will provide water on site for the vendor’s use to dilute product.
2.2.6 Application Preparation:
2.2.14.l The County will pre-moisten the application area with water to a point short of optin1um moisture content, to break surface tension
2.2.7 On-site Technical Assistance:
126.96.36.199 Contractor shall provide on-site technical assistance during application, when requested by the County, to offer advice regarding proper dilution ratios and application rates in various soil types, at no additional cost to the County.
2.2.8 Quality Assurance:
2.2.16.! Applicator’s Qualifications: The entity (hereafter noted as “Applicator”) who will apply the dust palliative/stabilizer product (either the Bidder or a subcontractor to the Bidder) must meet or exceed the following qualifications. Bids that include Applicators who do not meet the following qualifications outlined herein may be deemed non-responsive and will not be considered. The Applicator must:
188.8.131.52.1 Have at least three (3) years of experience within the last five (5) years serving as either a primary contractor or subcontractor in delivering and applying dust palliative/stabilizer product services.
184.108.40.206.2 Provide a minimum 3 local references to demonstrates that the Applicator is familiar with local environmental and permitting requirements associated with soil stabilization and dust palliative. The references shall include the company/organization name, contact person and telephone number.
2.2.16,1.3 Provide copy of State of Arizona Registrar of Contractors License.
2.2.17 Quality Control:
220.127.116.11 The Contractor must provide manufacture-trained personnel for on-site technical assistance during delivery and application. This teclu1ical assistance is to assure that the acrylic copolymer dust palliative/stabilizer product is applied to proper dilution ratios and application rates on various soil, and subgrade types foroptimum results.
18.104.22.168 At the start of each workday, the bulk tanker will be measured to verify the gallons of liquid polymer product brought to the job site. At the end of the day, the bulk tanker will be measured to verify the gallons of liquid polymer prod uct remaining at the job site. The distributor truck shall be inspected to insure it is empty at the end of the day. The total gallons of liquid polymer product used for the day will be established by the start and end of day measurements of the bulk tanker. The contractor shall perform the work and be witnessed by the County Inspector. The County Inspector may use the contractor’s calibrated measuring device, or other measuring devices at any time to check tank levels.
22.214.171.124 A daily “Gallon Use Report”, provided by the Contractor, will be filled out by the distributor truck driver or Contractor. The report will also identify the size of area treated for the day. It will be verified and signed by the County Inspector. This report will be used to verify application rate and total product used. If the report indicates that the minimum application rate was not achieved, the work shall be deemed deficient by the county and additional product applied by the Contractor
2.2.17 Product Verification:
126.96.36.199 The Contractor, in the presence of the County Inspector, shall obtain samples of the bulk, undiluted liquid polymer product as it is delivered to the job site. Samples shall be taken from each bulk tanker that delivers the liquid polymer for product verification testing purposes. If the bulk undiluted liquid polymer is delivered in containers, a sample must be taken fro1neach containerdelivered to the job site. The County Inspector will select the exact locations and times of sampling. The obtained liquid polymer samples will be split in three equal portions, whereby the Contractor may retain one sealed portion for verification testing, and the Engineer Viii retain tvo sealed portions.One portion of the Buyer’s samples will be provided to an AASHTO accredited test lab chosen by the Contractor. The other sample will be held for backup until the testing is completed. Sample containers will be labeled and sealed by the Contractor under the supervision of the County Inspector.
188.8.131.52 The accredited lab will test the product utilizing ASTM D2834 to confirm that the liquid polymer product delivered and applied meets the requirements of specifications for active solids. All testing and will be provided by the Contractor (vendor) at no charge to the Buyer.
184.108.40.206 If the test reports indicate that the minimum acceptable active solids content value (as specified in MAG Section 792.2 (A)) is not achieved, the quality of the liquid polymer product shall be deemed deficient by the County. The delivery and application of a deficient product shall be stopped.
220.127.116.11 The Contractor may perform additional verification testing on the split samples obtained. In case of dispute, where the verification tests produce different results by the Contractor than the County Engineer, the County Engineer will hire a different independent AASHTO accredited testing laboratory to perform a third round of testing. Such testing and the results of the testing shall be considered final by both the County and Contractor for verification.
18.104.22.168 If product active solids content, of the concentrate is found deficient at any time, the Contractor shall remove that product from the site and replace it with new material. Product will not be applied until new test results are compliant. per Section 2.2.18,
22.214.171.124 Contractor shall be responsible to assure that acrylic copolymer dust palliative/stabilizer product is prevented from over-spraying onto adjacent landscaping, property, improvements, etc. Any damage resulting from over spray shall be corrected at the Contractor’s expense.
2.3 DELIVERY AND INSTALLATION:
2.3.1 Delivery is desired as soon as possible, but REQUIRED no later than seven (7) days after Contractor’s receipt of a purchase order or contract release order.
2.3.2 The Contractor shall be responsible to install and present for inspection all equipment in a complete and ready-for-use condition, with all components functioning, cleaned and tested.
Delivery shall be F.O.B. Destination within seven (7) days of receipt of Using Agency purchase order, to any delivery location, within Maricopa County.
2.3 SHIPPING DOCUMENTS:
A packing list or other suitable shipping document shall accompany each shipment and shall include the following:
2.3.1 Contract Serial number.
2.3.2 Contractor’s name and address.
2.3.3 Using Agency name and address.
2.3.4 Using Agency purchase order number.
2.3.5 A description of product(s) shipped, including item number(s), quantity (ies), number of containers and package number(s), as applicable.
2.4 SHIPPING TERMS:
Bid price(s) and terms shall be F.O.B. Destination at: Project sites to be determined Within Maricopa County
Unless otherwise specified, materials purchased will be inspected by the Using Agency to ensure the materials meet the quality and quantity requirements of the Specifications. When deemed necessary by the County, samples of the materials may be taken at random from stock received for submission to a commercial laboratory or other appropriate agency for analysis and tests as to whether the materials conform in all respects to the Specifications. In cases where commercial laboratory reports indicate that the materials do not meet the Specifications, the expense of such analysis shall be borne by the Contractor.
Upon delivery and/or successful application, the materials shall be deemed accepted and the warranty period shall begin. All documentation shall be completed prior to final acceptance.
2.7 DISCONTINUED MATERIALS:
2.7.1 In the event that a manufacturer discontinues materials, the County may allow the Contractor to provide a substitute for the discontinued item or may cancel the Contract. If the Contractor requests permission to substitute a new material, the Contractor shall provide the following to the County:
126.96.36.199 Documentation from the manufacturer that the material has been discontinued.
188.8.131.52 Documentation that names the replacement material.
184.108.40.206 Documentation that provides clear and convincing evidence that the replacement material meets or exceeds all specifications required by the original solicitation.
220.127.116.11 Documentation that provides clear and convincing evidence that the replacement material will be compatible with all the functions or uses of the discontinued material.
18.104.22.168 Documentation confirming that the price for the replacement is the sa1ne as orJess than the discontinued material.
2.3.1 Material discontinuance applies only to those materials specifically listed on any resultant contract. This will not apply to catalog items not specifically listed on any resultant contract.
2.4.1 All items furnished under this Contract shall conform to the requirements of this Contract and shall be free from defects in design, materials and workmanship.
2.4.2 The warranty period for workmanship and materials shall be for an initial period of twelve (12) months and commence upon acceptance by County.
22.214.171.124 The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply.
126.96.36.199 The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defectiveworkmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the materials and equipment to be supplied or used, complies with all applicable regulations.
2.5 BRAND NAME:
The County reserves the right to request samples to determine quality and acceptability of materials bid by Contractor. In some cases, brand names have been listed in order to define the desired quality and are not intended to be restrictive or to limit competition. Materials substantially equivalent to those designated shall qualify for consideration.
2.6 INVOICES AND PAYMENTS:
2.6.1 The Contractor shall submit two (2) legible copies of their detailed invoice before payment(s) can be made. At a minimum, the invoice must provide the following information:
2.1 l.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order.
2.11.3 Payment may shall be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Award the Contractor shall fill out an EFT Enrollment form (to be provided by the Procurement Officer) or as located on the County Department of Finance Website as a fillable PDF document (www.maricopa.gov/financei).
2.11.3 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details.
Tax shall not be levied against labor. Sales/use tax will be determined by County. Tax will not be used in determining Iow price.
2.13 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE)
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, 1nany Phoenix metropolitan area n1unicipalities, and many K 12 unified school districts.Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please so state in your proposal. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this Request for Proposal. ‘
2.14 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s)
County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, ,with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract.
2.15 WORK PERFORMED OUTSIDE MARICOPA COUNTY
2.15.1 Mobilization for vehicles and equipment to project locations outside of Maricopa County. The rates shall be charged as Time, Material & Mileage.
2.15.2 Per Diem -Hotel, meals, and travel for personnel assigned to project locations outside of Maricopa County. The rates shall be charged at GSA pricing for hotel, meals, mileage, etc. (Refer to Attachment D)
3.1 SPECIAL TERMS & CONDITIONS:
3.2 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of three (3) year.
3.3 OPTION TO RENEW:
The County may, at its option and with the approval of the Contractor, renew the term of this Contract up to a maximum of three (3) years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least thirty (30) calendar days prior to the expiration of the original contract tern.
3.4 PRICE ADJUSTMENTS:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary. Requests for adjustment in cost of labor and/or n1aterials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey.
3.4.l To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors} officials, and e1nployees fron1 and against all claims, damages, losses and expenses, including, but not limited to,attorney fees, court costs, expert ,witnessfees, and the cost of appellate proceedings,relating to, arising out of, or alleged to have resulted from the negligent acts, errors,omissions, mistakes or n1alfeasance relating to the performance of this Contract.Contractor’s duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection withany client, damage, loss or expense that is caused by any negligent acts, errors, omissionsor mistakes in the performance of this Contract by the Contractor, as well as any person or entity for , whose acts, errors, omissions, mistakes or malfeasance Contractor may be legally liable.
3.1.2 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph.
3.1.3 The scope of this indemnification does not extend to the sole negligence of County.
3.2 INSURANCE REQUIREMENTS
3.5. I Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies,, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County.
3.2.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract.
3.5.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it.
3.5.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies.
3.5.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, 1nay require Contractor to secure payment of such deductibles or self-insuredretentions by a surety bond or an irrevocable and unconditional letter of credit.
3.5.6 County reserves the right to request and to receive, within IO working days, certified copies of any or all of the herein required insurance certificates. County shall not be obligated to review policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor fron1, or be deen1ed a ,waiver of County 1srighttoinsistonstrictfulfillmentof Contractor’sobligationsunderthisContract.
3.5.7 The insurance policies required by this Contract, except Workers’ Con1pensation, shallname County, its agents, representatives, officers, directors, officials and e1nployees asAdditional Insureds.
3.5.8 The policies required hereunder, except Workers’ Compensation, shall contain a ,waiverof transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any clain1s arising out of Contractor’s work or service.
3.5.9 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrellainsurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
3.5.10 Automobile Liability:
Comn1ercial/Business Automobile Liability insurance and, if necessary, Con1mercialUmbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in perforn1ance of the Contractor’s work or services under this Contract.
3.5.11 Workers’ Compensation:
188.8.131.52 Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit.
184.108.40.206 Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor pursuant to this Contract.
3.5.12 Certificates of insurance.
220.127.116.11 Prior to commencing work or services under this Contract, Contractor shall have insurance in effect as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall be made available to the County upon 48 hours notice. BY SIGNING THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF CONTRACT.
18.104.22.168.l In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past con1pletion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
22.214.171.124.2 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date.
3.5.9 Cancellation and Expiration Notice.
Inssrance required herein shall not be pem1itted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County.
3.6 PROCUREMENT CARD ORDERING CAPABILITY:
County may determine to use a procurement card that may be used from time-to-time, to place and make payment for orders under this Contract. Contractors without this capability may be considered non-responsive and not eligible for award consideration.
3.7 INTERNET ORDERING CAPABILITY:
It is the intent of County to use the Internet to communicate and to place orders under this Contract. Contractors without this capability may be considered non-responsive and not eligible for award consideration.
3.8 REQUIREMENTS CONTRACT:
3.8.1 Contractors signify their understanding and agreement by signing a bid submittal, that the Contract resulting from the bid will be a requirements contract. However, the Contract doesnot guarantee any minimun1 or maximum number of purchases ,viii be n1ade. It only indicates that if purchases are made for the materials contained in the Contract, they will be purchased from the Contractor awarded that item. Orders will only be placed when the County identifies a need and proper authorization and documentation have been approved.
3.8.2 County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits,shipment of product prior to issuance of Purchase Order, etc.
3.8.3 Contractors agree to accept verbal notification of cancellation from the Office of Procurement Services Procurement Officer with written notification to follow. By submitting a bid in response to this Invitation for Bids, the Contractor specifically acknowledges to be bound by this cancellation policy.
3,9 ORDERING AUTHORITY.
3.9.l The Contractor should understand that any request for purchase of product(s) shall be accompanied by a valid purchase order, issued by Office of Procuren1ent Services, orby a Certified Agency Procurement Aid (CAPA).
3.9.2 County departments, cities, other counties, schools and special districts, universities,nonprofit educational and public health institutions may also purchase from under this Contract at their discretion and/or other state and local agencies (Customers) may procure the products under this Contract by the issuance of a purchase order to the Respondent. Purchase orders must cite the Contract nun1ber.
3.9.3 Contract award is in accordance with the Maricopa County Procurement Code. All require1nents for the competitive award of this Contract have been met. A purchase orderfor the product(s) is the only document necessary for Customers to purchase and for the Contractor to proceed with delivery of product(s) available under this Contract.
3.9.3 Any attempt to represent any product not specifically awarded under this Contract is a violation of the Contract. Any such action is subject to the legal and contractual remedies available to the County, inclusive of, but not limited to, Contract cancellation, suspensionand/or debarment of the Contractor.
3.10 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor.
3.11 TERMINATION FOR DEFAULT:
If the Contractor fails to meet deadlines or fails to provide the agreed upon service/material altogether, a termination for default will be issued. The termination for default will be issued only after the County deems that the Contractor has failed to remedy the problem after being forewarned.
3.12 TERMINATION BY THE COUNTY:
If the Contractor should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the County may tem1inate the Contract. If the Contractor should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to provide enough properly skilled workers or proper materials, or persistently disregard laws and ordinances, or not proceed ,withwork or otherwise be guilty of a substantial violation of any provision of this Contract, then the County may terminate the Contract. Prior to termination of the Contract, the County shall give the Contractor fifteen- (15) calendar day’s written notice. Upon receipt of such termination notice, the Contractor shall be allowed fifteen (15) calendar days to cure such deficiencies.
3.13 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the contract onbehalf of the County from any other party to the contract arising as the result of the Contract.
3.14 OFFSET FOR DAMAGES;
In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract.
3.15 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete materials to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the bid price. If additional materials are required from aContract, prices for such additions will be negotiated between the Contractor and the County.
3.16.1 The Contractor may not assign a Contract or Subcontract to another party for performance of the terms and conditions hereof ,without the ,written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project.
3.12.1 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to the Prin1e Contractor,who in tum shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice n1ust accompany the Prime Contractor’s invoice.
All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County.
3.14 RETENTION OF RECORDS
The Contractor agrees to retain all financial books, records, and other documents relevant to a Contract for five (5) years after final payment or until after the resolution of any audit questions which could be more than five (5) years, whichever is longer. The County, Federal or State auditors and any other persons duly authorized by the County shall have full access to, and the right to examine, copy and make use of, any and all said materials.
3.15 ADEQUACY OF RECORDS:
If the Contractor’s books, records and other documents relevant to a Contract are not sufficient tosupport and document that allowable materials were provided, the Contractor shall reimburse Maricopa County for the materials not so adequately supported and documented.
3.16 AUDIT DISALLOWANCES:
If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance and the required course of action, which shall be at the option of the County either to adjust any future claim submitted by the Contractor by the amount of the disallowance or to require repayment of the disallowed amount by the Contractor forthwith issuing a check payable to Maricopa County.
The invalidity, in whole or in part, of any provision of the Contract shall not void or affect the validity of any other provision of the Contract.
3.18 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a Contract and to the performance thereunder.
In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or in1plied herein shall at any tllne be construed as tocreate the relationship of employer and employee, partnership, principal and agent, or joint venture between the County and the Contractor.
3.12 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
3.12.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, defined as the primary participant in accordance with 45 CPR Part 76, and its principals:
126.96.36.199 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;
188.8.131.52 have not within 3-year period preceding this Contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in correction ,with obtaining, attempting to obtain, orperforming a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
184.108.40.206 are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
220.127.116.11 have not within a 3-year period preceding this Contract had one or more public transaction (Federal, State or local) terminated for cause of default.
3.12.2 Should the Contractor not be able to provide this certification, an explanation as to why should be attached to the Contact.
3.12.3 The Contractor agrees to include, without modification, this clause in all lower tier covered transactions (i.e. transactions ,with subcontractors) and in all solicitations forlowertier covered transactions related to this Contract.
3.13 ALTERNATIVE DISPUTE RESOLUTION:
3.25.I After the exhaustion of the administrative remedies provided in the Maricopa County Procurement Code, any contract dispute in this matter is subject to compulsory arbitration. Provided the parties participate in the arbitration in good faith, such arbitration is not binding and the parties are entitled to pursue the matter in state or federal court sitting in Maricopa County for a de novo determination on the law and facts. If the parties cannot agree on an arbitrator, each party will designate an arbitrator and those two arbitrators will agree on a third arbitrator. The three arbitrators will then serve as a panel to consider the arbitration. The parties will be equally responsible for the compensation for the arbitrator(s). The hearing, evidence, and procedure will be in accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (10) days of the completion oftl1e hearing the arbitrator(s) shall:
18.104.22.168 Render a decision;
22.214.171.124 Notify the parties that the exhibits are available for retrieval; and
126.96.36.199 Notify the parties of the decision in writing (a letter to the parties or their counsel shall suffice).
3.25.2 Within ten (10) days of the notice of decision, either party may submit to the arbitrator(s) a proposed form of award or other final disposition, including any form of award forattorneys’ fees and costs. Within five (5) days of receipt of the foregoing, the opposing party may file objections. Within ten (10) days of receipt of any objections, the arbitrator(s) shall pass upon the objections and prepare a signed award or other final disposition and n1ail copies to all parties or their counsel.
3.25.2 Any party which has appeared and participated in good faith in the arbitration proceedings may appeal from the award or other final disposition by filing an action in the state or federal court sitting in Maricopa County within twenty (20) days after date of the award or other final disposition. Unless such action is dismissed for failure to prosecute, such action will make the award or other final disposition of the arbitrator(s) a nullity.
3.26 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §23- 214 AN D FEDERAL IMMIGRATION LAWS AND REGULATIONS:
3.26.1 By entering into the Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA e-verify) and all other Federal immigration laws and regulations related to the immigration status of its employees. The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procuren1ent Officer upon request. These ,warranties shall remain in effectthrough the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (1-9) as required by the U.S. Department of Labor’s Immigration and Control Act, for all employees performing work under the Contract. 1-9 forms are available for download at USCIS.GOV.
3.26.1 The County may request verification of compliance for any contractor or subcontractor performing work under the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in compliance, the County may pursue any and allremedies allowed by law including, but not limited to: suspension of work, termination ofthe Contract for default, and suspension and/or department of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
3.27 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §§35- 391.06-AND 35-393.06 BUSINESS RELATIONS WITH SUDAN AND IRAN:
3.27.1 By entering into the Contract, the Contractor certifies it does not have scrutinized business operations in Sudan or Iran. The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish tl1e statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract.
3.27.2 The County may request verification of compliance for any contractor or subcontractor performing work under the Contract. Should the County suspect or find that the Contractor or any of its subcontractors are not in con1pliance, the County may pursue any and allren1edies allowed by law, including, but not lin1ited to: suspension of work, termination ofthe Contract for default, and suspension and/or department of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
3.28 CONTRACTOR LICENSE REQUIREMENT:
3.28.1 The Respondent shall procure all pem1its, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his business. The Respondent shall keep fully informed of existing and future Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same.
3.28.2 Respondents furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licensesrequired. A Respondent is not relieved of its obligation to posses the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, at (602) 542-1502 to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract.
4.8 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of tl1e Contract.
OFFICE OF PROCUREMENT SERVICES CONTRACTOR TRAVEL AND PER DIEM POLICY
1.0 All contract-related travel plans and arrangements shall be prior-approved by the County Contract Administrator.
2.1 Lodging, per diem and incidental expenses incurred in performance of Maricopa County/Special District (County) contracts shall be reimbursed based on current U.S. General Services Administration (GSA) domestic per diem rates for Phoenix, Arizona. Contractors n1ust access the following internet site to determine rates (no exceptions): VA’\’.gsa.gov
2.2 Additional incidental expenses (i.e., telephone, fax, internet and copying charges) shall not be reimbursed. They should be included in the contractor’s hourly rate as an overhead charge.
2.3 The County will not (under no circumstances) reimburse for Contractor guest lodging, per diem or incidentals.
3.1 Commercial air travel shall be reimbursed as follows:
3.2 Coach airfare will be reimbursed by the County. Business class airfare may be allowed only when preapproved in writing by the County Contract Administrator as a result of the business need of the County vhen there is no lower fare available.
3.3 The lowest direct flight airfare rate from the Contractors assigned duty post (pre-defined at the time of contract signing) will be reimbursed. Under no circumstances will the County reimburse for airfares related to transportation to or from an alten1ate site.
3.4 The County will not (under no circumstances) reimburse for Contractor guest commercial air travel.
4.1 Rental vehicles may only be used if such use would result in an overall reduction in the total cost of the trip, not for the personal convenience of the traveler. Multiple vehicles for the same set of travelers for the same travel period will not be permitted without prior written approval by the County Contract Administrator.
4.2 Purchase of comprehensive and collision liability insurance shall be at the expense of the contractor. The County ,viii not reimburse contractor if the contractor chooses to purchase these coverage.
4.2 Rental vehicles are restricted to sub-compact, compact or mid-size sedans unless a larger vehicle is necessaryfor cost efficiency due to the number of travelers. (NOTE: contractors shall obtain pre-approval in writing from the County Contract Administrator prior to rental of a larger vehicle.)
4.3 County will reimburse for parking expenses if free, public parking is not available within a reasonable distance of the place of County business. All opportunities must be exhausted prior to securing parking that incurs costs for the County. Opportunities to be reviewed are the DASH; shuttles, etc. that can transport the contractor to and from County buildings with minimal costs.
4.4 County will reimburse for the lowest rate, long·tem1 uncovered (e.g. covered or enclosed parking will not be reimbursed) airport parking only if it is less expensive than shuttle service to and from the airport.
4.5 The County will not (under no circumstances) reimburse the Contractor for guest vehicle rental(s) or other any transportation costs
5.0 Contractor is responsible for all costs not directly related to the travel except those that have been pre-approved by the CountyContractAdn1inistrator. These costs include (but not lin1ited to) the following: in-roon1 movies, valet service, valet parking, laundry service, costs associated ,with storing luggage at a hotel, fuel costs associated ,with non-County activities, tips that exceed the per diem allowance, health club fees, and entertainment costs. Claims for unauthorized travel expenses will not be honored and are not reimbursable.
6.0 Travel and per diem expenses shall be capped at 15% of project price unless otherwise specified in individual contracts
County of Santa Clara Letter
New Mexico Departmen of Transportation Letter
Speedie and Associates
Physical Properites of Soils and Aggregates Lab Reports
Information withheld as confidential in accordance with
Mohave County Procurement Code, Art. 1, Sec. 5(3).
Mohave County Letter
SUBJECT: Request for Proposals No. 12-P-05, Capital Pavement Preservation Program Request for additional Information
County of Mohave
REQUEST FOR PROPOSALS NO. 12-P-05 CAPITAL PAVEMENT PRESERVATION PROGRAM (CPPP)
AMENDMENT NO. ONE (1)
DATE ISSUED: APRIL 27, 2012
The referenced document has been modified as per the attached Amendment No. ONE (1).
Please sign this Amendment where designated and return an executed copy with your sealed proposal. This amendment is hereby made part of the referenced solicitation as though fully set fo1th therein. Any questions regarding this amendment should be addressed to Tara Acton at email@example.com.
A SIGNED COPY OF THIS AMENDMENT MUST BE SUBMITTED WITH YOUR SEALEDBID, THIS REQUEST FOR PROPOSALS IS AMENDED AS FOLLOWS:
REQUEST FOR PROPOSALS NO. 12-P-05
CAPITAL PAVEMENT PRESERVATION PROGRAM (CPPP)
Cutler Repaving, Inc., Apache Junction, Arizona
McCormick Construction Co., Bullhead City, Arizona
Soilworks, LLC, Chandler, Arizona
QUESTION 1: With regards to Product 5a Pavement Subsurface Preservation Treatment, will the Contractor be required to remove existing surface or will that be completed before hand by the County?
RESPONSE 1: Surfaces will be prepared as required in advance.
QUESTION 2: What is the condition of the roads currently?
RESPONSE 2: The Capital Pavement Preservation Program targets over 300 centerline miles of paved principal roads countywide inclusive of regional County highways, arterials, and major collectors. A detailed engineering study performed by Mohave County Public Works indicates 80 percent of these principal roads may have reached or surpassed pavement structural section service life. The study found most roads in the study lie on coarse grained native foundation soils. This includes 42 percent and 40 percent on gravelly and sandy roadbed soils, respectively.
QUESTION 3: With regards to Product 5b Pavement Subsurface Preservation Treatment, will the Contractor be required to remove existing surface or will that be completed before hand by the County?
RESPONSE 3: See RESPONSE 1, Above.
QUESTION 4: What is the condition of the roads currently?
RESPONSE 4: See RESPONSE 2, Above.
QUESTION 5: What are the required solids content of the Polymer?
RESPONSE 5: As per Section III.A. l of the RFP, The County requires interested proposers to submit published specifications for proposed pavement preservation treatments.
QUESTION 6: Is there a list of roads that fall under Sections 5a and 5b?
RESPONSE 6: Please refer to Exhibit B for a list of paved principal roads considered in the County’s Capital Pavement Preservation Program.
QUESTION 7: Have any of the soils been tested with a credited soil lab testing facility on the good grade soils or poor grade soils? If so, is that data available to contractors?
RESPONSE 7: Exhibit B indicates the Unified Soil Classification rating for all paved principal road subgrade soils. Mohave County Public Works obtained USC soil classifications for gauging native soil strength and stiffness by incorporating technical information and data contained in United States National Resources Conservation Service (NRCS) published soil surveys available in a GIS application, the NRCS Web Soil Survey. The NRCS National Soil Survey Hand book details the operational policy and guidance employed to define, collect, test, and denote the breadth and depth of soil property and feature descriptions packaged in NRCS soil surveys.
QUESTION 8: What type of traffic is to be expected on the defined roads for Section 5a and 5b? Is the traffic less during winter months?
RESPONSE 8: Mohave County Public Works publishes traffic volume count data on its website and accessible via the following hyperlink (if you have trouble using the hyper/ink, please copy and paste into the Internet browser address ba1):
QUESTION 9: Section III – General Requirements, can it be defined what type of scientific study is required for this bid to be accepted?
RESPONSE 9: Section III.A.2 of the RFP indicates the minimum parameters of an acceptable scientific study for proposed pavement maintenance treatments. The County does not establish, for example, specific evaluation methods or minimum page lengths for the requested study(s).
QUESTION 10: Proposal Evaluation Requirements – Section II – Requirements Specific to the EvaluationCriteria, Sub Section B – Price Proposal (20 Points) #3 – With regards to WarrantyInformation required for evaluation criteria, the warranty period is defined by the contractors recommended specifications. If the County has the discretion to specify product quantities and application rates which could not be in accordance with our application recommendation, how is the warranty justified in the Counties RFP if the roads need repaired?
QUESTION 11: Section II Requirements Specific to the Evaluation Criteria, Section B – Price Proposal (20 Points}, Subsection 3 – Please clarify the following: catastrophic pavement damage and Road pavement structure damage resulting in seasonal weather effect, including normal monsoon activity to the road surface are not excepted from warranty service obligation
RESPONSE 11: The County excepts only catastrophic pavement damage resulting from an Act of God from the contractor’s warranty service. The warranted pavement maintenance treatment is expected to perform under environmental and ambient conditions common to the application location and inclusive of normal monsoon activity.
QUESTION 12: Section II – Requirements Specific to Evaluation Criteria, Subsection C – Experience (15 Points) #J – Clients are confidential, will the details of the bid for scoring criteria be shared when bids are published?
RESPONSE 12: For additional information regarding confidentiality of information, please see INSTRUCTIONS TO OFFERORS; 15. CONFIDENTIAL INFORMATION and STANDARD TERMS AND CONDITIONS; 38. PUBLIC RECORD.
QUESTION 13: Section II – Requirements Specific lo Evaluation Criteria, Subsection C – Experience #2. Will the County define in 111ore detail the specifics of what type of licenses, certifications and/or awards they are requesting?
RESPONSE 13: Licenses include minimum regulatory licenses to perform all work detailed in the RFP in the State of Arizona. Certifications include product manufacturer certifications of the vendor and/or installing contractor. Awards include recognitions by nationally recognized organizations and/or government bodies.
QUESTION 14: Section II – Require111ents Specific to Evaluation Criteria, Subsection C – Experience (I 5 Points) #3 – Clients are confidential, will the details of the bid for scoring criteria be shared when bids are published?
RESPONSE 14: See RESPONSE 12, Above.
QUESTION 15: Section III – General, Subsection C. Additional Investigations – Our information is confidential or will this be part of the published bid for the County?
RESPONSE 15: See RESPONSE 12, Above.
QUESTION 16:Special Terms and Conditions – Number 8-Discounts – Will the County Define the percent of discount they require if an invoiced is paid within 21 days as specified in the RFQ or is the County reviewing· om the Contractor of what discount will be offered? Please define.
RESPONSE 16: See PROMPT PAYMENT DISCOUNT section of the OFFER FORM; Offerors are being asked to provide information regarding discounts they would be willing to offer for prompt payment.
QUESTION 17: Is the County requiring specific PSI/or the roads defined under Sections 5a and 5b?
RESPONSE 17: See RESPONSE 5, Above.
QUESTION 18: Can the County define the typical materials to be treated (what is the existing subgrade material under the overlay)?
RESPONSE 18: See RESPONSES 2 and 7, Above.
QUESTION 19: What is timeframe if bid is awarded to a contractor that the County expects work to begin?
RESPONSE 19: The County will order Projects on basis of need and funding availability to begin no earlier than August 2012 and subsequent to approval of the County’s FY 13 budget.
QUESTION 20: Will water always be mailable to the contractor on a job site? If not, how is water provided?
RESPONSE 20: Refer to Section III.C of the RFP.
QUESTION 21: How is compaction verified by the County after stabilization applications have been pe1formed?
RESPONSE 21: The County employs testing methods recognized under the MAG Uniform Standard Specifications and Details for Public Works Construction, latest edition.
QUESTION 22: Is the County requesting any environmental data on the polymers?
RESPONSE 22: Refer to the restrictions published in the RFP for Products Sa and Sb.
QUESTION 23: Are they testing for “active” solids of the polymers?
RESPONSE 23: See RESPONSE 5, Above.
QUESTION 24: Will the due date of the RFP been extended?
RESPONSE 24: Please see the revised Proposal Due Date, listed above.
QUESTION 25: Special Terms and Conditions Sub Section 2 -Payment and Performance Bonds -Howdoes the County determine which vendor will require the bonds as specified in the RFP? If no work is guaranteed as stated in the bid (Under Section II – Scope) how does the County determine the total scope of work? Will the bid bond be determined on the overall pricing aspects of the contractor’s specification to include maintenance, traffic control, application, etc.? How long is the requirement of the bond to remain in place (one year, if the contract is extended, etc.)?
RESPONSE 25: Bonds will be project specific, and will only be required if the total cost of the individual project exceeds the formal bidding threshold of $50,000.00. No bid bond is required.
QUESTION 26: What type of construction equipment is currently being used at the County (example an excavator, compact track and multi terrain loaders, compactors, backhoes)?
RESPONSE 26: Mohave County Public Works maintains and operates a wide range of heavy construction equipment fully capable of performing all aspects of road maintenance.
QUESTION 27: With regards to the format of how we answer questions, is it acceptable to the county that we add an addendum page that will list the exhibits, references, answers, etc? If I type ii in the bid itself, will change the formal of the RFP.
RESPONSE 27: In instances where forms are provided, the forms must be used (Offer Page, Price Page, etc.) If forms are not provided, Offerors may provide a narrative response; the narrative portion and the materials presented in response to this Request for Proposal shall be submitted in the same order as requested in PROPOSAL EVALUATION REQUIREMENTS.
ALL OTHER PROVISIONS OF THE REQUEST FOR PROPOSALS SHALL REMAIN IN THEIR ENTIRETY.
PRE-PROPOSAL CONFERENCE AGENDA
CAPITAL PAVEMENT PRESERVATION PROGRAM
April 19, 2012
This Pre-Proposal Conference, including discussions, questions and response, and this Agenda do not Change, Modify or Supplement any of the Terms or Conditions of the Original Proposal Documents. Any and All Changes, Modifications or Supplements are effective ONLY through a Formal written Amendment to the Proposal Documents during the Solicitation Period.
Sign in Sheet: In addition to signing in on the Pre-Proposal Sign In Sheet, please provide a business card with contact info1mation (if available).
Introductions: Tara Acton, Mohave County Procurement Officer Senior Steven Latoski, P.E., PTOE, Mohave County Public Works Director Monte Wilson, P.E., Mohave County Public Works Engineering Manager Manuel Esquibel, Mohave County Roads Superintendent
The County of Mohave has issued the Request for Proposals for the sole purpose of obtaining proposals from interested and qualified Offerors in order to define the product requirements and the subsequent procedures for obtaining, at the sole discretion of Mohave County, a Qualified Products Listing (QPL), and establish an annual requirements contract per specifications, on an as-needed basis on behalf of the Public Works Department.
Complete proposal documents consist of the twenty-three (23) page RFP Number 12-P-05 and any solicitation amendments which may be issued.
All questions concerning the Request for Proposals are to be submitted IN WRITING: Questions may be submitted via e-mail, FAX or letter.
All questions must be directed to:
MOHAVE COUNTY PROCUREMENT DEPARTMENT
ATTENTION: Tara Acton, Procurement Officer Senior 700 W. BEALE ST., 1st FLOOR EAST
KINGMAN, AR1ZONA 86402-7000
FAX: (928) 753-0787
Written questions will be received until 4:00 PM, Local AZ Time, April 23, 2012. Individual responses to questions will not be given.
Proposal Due Date is May 1, 2012, a t 2:00 p.m. Local AZ Time
Elaboration by Mohave County Public Works Staff
COUNTY OF MOHAVE
NOTICE OF REQUEST FOR PROPOSALS
RFP No. 12-P-05
CAPITAL PAVEMENT PRESERVATION PROGRAM (CPPP)
INTERESTED OFFERORS MAY DOWNLOAD A COPY OF THIS SOLICITATION FROM THE MOHAVE
COUNTY PROCUREMENT WEB SITE AT: www.co.mohave.az.us/depts/purch/purch default.asp INTERNET ACCESS IS AVAILABLE AT ALL PUBLIC LIBRARIES. INTERESTED OFFERORS MAY ALSO OBTAIN A COPY OF THIS SOLICITATION BY CALLING (928) 753-0752.
Competitive sealed proposals for the specified material or service shall be received by the Procurement Department, 700 W. Beale Street Floor East, Kingman, Arizona 86401, until the time and date cited. Proposals received by the correct time and date shall be publicly recorded. The Mohave County Procurement Department takes no responsibility for informing recipients of changes to the original solicitation document. Failure to submit amendments with the solicitation response may be grounds for deeming submittal non-responsive.
Proposals must be in the actual possession of the Procurement Department at the location indicated, on or prior to the exact time and date indicated above. Late proposals shall not be considered. The prevailing clock shall be the Mohave County Procurement Department clock.
Proposals must be submitted in a sealed envelope. The Request for Proposals number, bidder’s name and address shall be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the responsible Procurement Officer listed below.
PROPOSAL DUE DATE :MAY 1, 2012 AT 2:00 P.M. LOCAL AZ TIME
PROPOSAL LOCATION: Mohave County Procurement Department 700 W. Beale Street, lst Floor East Kingman, Arizona 86401
PRE-PROPOSAL CONFERENCE DATE: APRIL 19, 2012
TIME: AT 9:30 A.M. LOCAL AZ TIME
LOCATION: Traffic Control Conference Room 3675 East Andy Devine Avenue Kingman, Arizona 86401
QUESTIONS SHALL BE DIRECTED TO: Tara L. Acton
Procurement Officer Senior (928) 753-0752, EXT. 3
Mohave County Procurement Department 700 W. Beale Street, l” Floor East
P.O. Box 7000
Kingman, Arizona 86402-7000
ISSUE DATE: 03/30/12
Mohave County desires to execute a Capital Pavement Preservation Program (CPPP) toward an overarching goal of achieving cost-effective rehabilitation of County highways, arterials, and major collector roadways which have approached the end of their structural service life and in interest of using best practice preservation treatments proven to sustain pavement structural section performance for purpose of maximizing CPPP coverage under available year-to-year budget.
For a map-based display of County maintained roads and streets, offers can visit the County’s Geographic Information System (GIS) at: http:1/gis.co.mohave.az.us and activate the “County Maintained Roads” layer under the “Layers” toolbar.
The following matrix presents a general characterization of CPPP objectives under an array of pavement structural section conditions.
This specification establishes requirements for surface and subsurface pavement preservation treatment products as listed in this Request for Proposals (RFP). The intent of this specification is to define the product requirements and the subsequent procedures for obtaining, at the sole discretion of Mohave County, a Qualified Products Listing (QPL), and establish an annual requirements contract per specifications, on an as-needed basis. After Mohave County approves any product proposals, the product(s) trade name, type, and application will be used as the sole approval source for products proposed under this RFP.
This RFP uses product trade names for informational or illustrative purposes only, and such use does not represent an endorsement of any product or company by Mohave County. In such instances, equivalent products and suppliers may be available.
Services will be requested on an as-needed, if-needed basis; and, the resultant contract is neither exclusive nor a commitment by Mohave County that the Contractor’s services will be required. Actual need is not guaranteed. In submitting a response, Offeror acknowledges, understands and agrees Mohave County does not guarantee or warrantee the quantity of material which will be purchased, or if any material what-so-ever will be purchased by the County under this Contract. Further, Bidder shall not be entitled to any compensation for any costs associated with this response, unless material is specifically purchased by the County.
III. GENERAL REQUIREMENTS
IV. PRODUCT REQUIREMENTS
INSTRUCTIONS TO OFFERORS
AWARD OF CONTRACT: Notwithstanding any other provision of the Request for Proposal, the County reserves the right to:
(I) Award multiple contracts; or
(2) Waive any immaterial defect or informality; or
(3) Reject any or all proposals, or portions thereof; or
(4) Reissue the Request for Proposal.
A response to any Request for Proposal is an offer to contract with the County based upon the terms, conditions, and specifications contained in the County’s Request for Proposal. Proposals do not become contracts unless and until they are executed by the County’s Procurement Manager or the Mohave County Board of Supervisors. A contract has its inception in the award, eliminating a formal signing of a separate contract. For that reason, all of the terms and conditions of the contract are contained in the Request for Proposal, unless any of the terms and conditions are modified by a Request for Proposal amendment, a contract amendment, or by mutually agreed terms and conditions in the contract documents.
FAMILIARIZATION OF SCOPE OF WORK: Before submitting a proposal, each Offeror shall familiarize itself with the Scope of Work, laws, regulations and other factors affecting performance of work. It shall carefully correlate its observations with requirements of the Contract and otherwise satisfy itself as to the expense and difficulties attending the performance of the work. The submission of a Proposal will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the Contract, for lack of such familiarization.
LATE PROPOSALS: Late proposals shall not be considered. Kingman is considered a “rural” area by many express delivery carriers and thus, they do not guarantee priority delivery (next day). Offerors are encouraged to keep this in mind when arranging delivery of their proposals and are advised herein that late proposals shall be rejected and returned to the bidder regardless of reason for being late.
WITHDRAWAL OF PROPOSAL: At any time prior to a specified solicitation due time and date an offeror (or designated representative) may withdraw the proposal. Facsimile or telephone withdrawals shall not be considered.
AMENDMENT OF REQUEST FOR PROPOSALS: The Offeror shall acknowledge receipt of a Request for Proposal amendment by signing and returning the document by the specified due time and date.
SUBMITTAL: The offer and contract award sheet, the pricing schedule, and any solicitation amendments must be signed and returned with the offeror’s proposal.
CONFIDENTIAL INFORMATION: If a person believes that any portion of a proposal, bid, offer, specification, protest, or correspondence contains information that should be withheld, then the Procurement Manager should be so advised in writing (price is not confidential and will not be withheld). The County shall review all requests for confidentiality and provide a written determination. If the confidential request is denied, such information shall be disclosed as public information, unless the person utilizes the “Protest” provision.
SUBCONTRACTORS: Offeror must list any subcontractor to be utilized in performance of services herein. For each subcontractor, detail on respective qualifications must be included.
UPON NOTICE OF INTENT TO AWARD: The apparent successful offeror shall sign and file with the County, within ten (10) days after Notice of Intent to Award, all documents necessary to the successful execution of the contract.
EXCEPTIONS TO CONTRACT PROVISIONS: A response to any Request for Proposal is an offer to contract with the County based upon the contract provisions contained in the County’s Request for Proposal, including but not limited to, the specifications, scope of services and any terms and conditions. Offerors who wish to propose modifications to the contract provisions must clearly identify the proposed deviations and any proposed substitute language and clearly demonstrate how the County will be better served by the substitute language. However, the provisions of the Request for Proposal cannot be modified without the express written approval of the Procurement Manager or his designee. U a proposal or offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Procurement Manager or his designee, the contract provisions contained in the County’s Request for Proposal shall prevail.
PROPOSAL RESULTS: Proposal results are not provided in response to telephone inquiries. A tabulation of proposals received is on file in the Procurement Department and available for review after official contract award.
VENDOR APPLICATION: Prior to the award of a contract, the successful Offeror shall have a completed vendor application on file with the Department of Procurement. The Vendor Application may be downloaded off of the Procurement Department website at: http://resource. co.mohave.az.us/Repository/Attachments/VENDOR REGISTRATIONPACKAGE2011 634502117213298750.pdf. Internet access is available for use at all County public libraries.
PROPOSAL EVALUATION REQUIREMENTS
STANDARD TERMS AND CONDITIONS
The County reserves the right to cancel the ,whole or any part of this contract due to failure of contractor to carry out any term, promise, or condition of the contract. The County ,will issue a written ten (10) day notice of default to contractor for acting or failing to act as in any of the following:
In the opinion of the County, contractor provides persom1el that do not n1eet the requirements of the contract;
In the opinion of the County, contractor fails to perforn1 adequately the stipulations, conditions or services/specifications required in this contract;
In the opinion of the County, contractor attempts to impose on the County personnel or 1uaterials, products or ,workmanship, which is of an unacceptable quality.
Contractor fails to furnish the required service and/or product ,within the time stipulated in the contract;
In the opinion of the County, contractor fails to make progress in the performance of the requiren1ents of the contract and/or give the County a positive indication that contractor ,will not or cannot perform to the requirements of the contract.
Each payment obligation of the County created hereby is conditioned upon the availability of County, State and Federal funds which are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the County and available for the continuance of service herein conte1nplated, the contract period for the service may be terminated by the County at the end of the period for which funds are available. The County shall notify contractor at the earliest possible time vhich service ,vill or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised, and the County shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph.
Mohave County Will not provide any insurance coverage to the Contractor, including Workmen’s Co1npensation coverage. The Contractor is advised that taxes or social security payn1ents shall not be ,withheld fron1a County pay1nent issued hereunder and that Contractor should 1nake arrange1nents to directly pay such expenses, if any.
CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the County for the purpose of assuring that no information contained in its records or obtained from the County or fron1 others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information should be referred to the County. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of contractor as needed for the performance of duties under the contract, unless otherwise agreed to in writing by the County.
SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the cancellation clause set forth ,within this document
GRATUITIES: The County may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the contractor or any agent or representative of the Contractor, to any officer or employee of the County amending, or the making of any detern1inations ,with respect to the performing of such contract. In the event this contract is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and ren1edies, to recover or ,withhold from the Contractor the an1ount of the gratuity.
APPLICABLE LAW: This contract shall be governed by, and the County and Contractor shall have all remedies afforded each by the Uniform Con1mercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in laws pertaining specifically to the County. This contract shall be governed by the law of the State of Arizona, and suits pertaining to this contract shall be brought only in Federal or State courts in the State of Arizona.
CONTRACT: The contract shall be based upon the Request for Proposal issued by the County and the offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal. The County reserves the right to clarify any contractual terms With the concurrence of the Contractor; however, any substantial non-conformity in the offer, as determined by the County’s Procurement Manager, sha11 be deemed non-responsive and the offer rejected. The contract shall contain the entire agree1nent between the County and the Contractor relating to this require1nent and shall prevail over any and all previous agree1nents, contracts, proposals, negotiations, purchase orders, or master agree1nents in any form.
LEGAL REMEDIES: All claims and controversies shall be subject to the Mohave County Procurement Code.
CONTRACT AMENDMENTS: This contract shall be modified only by a written contract amendment signed by persons duly authorized to enter into contracts on behalf of the County of Contractor.
PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the contract shall be read and enforced as though it ,were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.
SEVERABILITY: The provisions of this contract are severable in the sole discretion of the County to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which way remains in effect ,without the valid provision or application.
PROTECTION OF GOVERNMENT BUILDINGS: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment 1 and vegetation (such as trees, shrubs, and grass) on County property. If the Contractor fails to do so and dan1ages such buildings, equipment and vegetation, the Contractor shall replace or repair the damage at no expense to the County, as directed by the Procure1nent Manager. If the Contractor fails or refuses to 1nake such repair or replacen1ent, then the Contractor shall be liable for the cost thereof, which may be deducted from the contract price.
INTERPRETATION – PAROL EVIDENCE: This contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the 1neaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.
ASSIGNMENT – DELEGATION: No right or interest in this contract shall be assigned by the contractor without prior written permission of the County, and no delegation of any duty of Contractor shall be made ,without prior ,written permission of tl1e County’s Procurement Manager. The County shall not unreasonably withhold approval and shall notify the Contractor of the County’s position within fifteen (15) days of receipt of written notice by the Contractor
SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein ,without the advance ,written approval of the County’s Procurement Manager. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor where the Contractor referred to herein. The Contractor is responsible for contract performance ,whether or not subcontractors are used. The County shall not unreasonably withhold approval and shall notify the Contractor of the County’s position within fifteen (15) days of receipt of written notice by the Contractor.
RIGHTS AND REMEDIES: No provision in this document or in the Contractor’s proposal shall be construed, expressly or by implication as a ,waiver by either party of any existing or future right and/or remedy available by law in the event of any claim or default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or re1nedy provided in the contract, or by law or the acceptance of materials or services, obligations imposed by this contract or by law, and shall not be deemed a ,waiver of any right of either party to insist upon the strict performance of the contract.
PROTESTS: A protest shall be in writing and shall be filed with the Procurement Manager. A protest of a Request for Proposal shall be received at the Procuren1ent Office before the Request for Proposal opening date. A protest of a proposed award or of an award shall be filed ,within ten days after the protestor knows or should have known the basis of the protest. A protest shall include:
The name, address, and telephone nun1ber of the protestor
The signature of the protestor or its representative
Special Terms and Conditions Page 10 of 23 -1. Insurance Requirements. Sub Section B Insurance Conditions- Section #4 Endorsements and Certificates- Please see Exhibit 8.
Speedie and Associates Report
Letter of Introduction
Application Uses and Examples
Frequently Asked Questions
Application Equipment Examples
Material Safety Data Sheet
Process Mix-In Applications
Project Team Bio’s