County of Mohave Capital Pavement Preservation Contract Award

Tara L. Acton
2012-08-08
Mohave County, AZ

COUNTY OF MOHAVE

CAPITAL PAVEMENT PRESERVATION PROGRAM

CONTRACT  N0. 12-P-05-01

SOILWORKS, LLC CHANDLER,  ARIZONA

2012

COUNTY MANAGER

RON WALKER

BOARD OF SUPERVISORS

BUSTER D. JOHNSON

GARY WATSON

TOM SOCKWELL

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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 2.1.1.2.1.2.1 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 2.1.1.2.1.2.1 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 tara.actou@mohavecountv.us.

Sincerely,

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

OW/mm Attach

Copy to:                Office of Procurement Service

Jin, Baker, Public Works

(Please remove Serial 03033-C from your contract notebooks)

Soilworks Exhibit 1

DUST PALLIATIVE/STABILIZER

1.0      INTENT:

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).

2.1             SPECIFICATIONS:

2.2              TECHNICAL REQUIREMENTS:

2.2.1          ACRYLIC COPOLYMER: (Soil-Semen! or equivalent)

2.2.1.1     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,

2.2.1.2     Product Qualifications:

2.2.1.2.1 Contractor shall submit test reports to show that the dust palliative/stabilizer product proposed for use meets the following minin1um requirements.

2.2.1.2.1.1        Testing must be specific to the proposed product and not generic to typical industry acrylic copolymer products.

2.2.1.2.1.2        Testing shall be performed by independent AASHTO accredited laboratories and signed and sealed by Professional Engineers registered in the State of Arizona.

2.1.1.2.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.2.1.2.1.1 The test method used shall be in accordance with ASTM 01883 Test Method for CBR of Laboratory Compacted Samples, modified as follows:

2.l.1.2.1.2.1.1.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

2.1.1.2.1.2.1.1.2 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.1.2.1.2.1.2         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).

2.1.1.2.1.2.1.3         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:

2.1.1.1     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

2.1.1          Submittals:

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.

2.2.2.1.1 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:

2.2.3.1     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.

2.2.3.1     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.

2.2.3.2      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."

2.2.3.3      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.

2.2.3.4       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 

2.2.3.5.1 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:

2.2.4.1      Chemical dust palliative/stabilizer product shall be in compliance with the environ1nental criteria as described in MAG Section 792.3, except as modifiedherein.

2.2.4.2      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.

2.2.4.1   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:

2.2.4.1.1 Complete. aquatic toxicity test for lethal concentration at 50% (LC50). 2.2.4.4.2Provide 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.

2.2.4.4.3 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.

2.2.4.2      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:

2.2.5.1      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.

2.2.6           Delivery:

2.2.6.1      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:

2.2.4.1     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:

2.2.5.1      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.

2.2.12.1.1              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:

2.2.7.1      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:

2.2.16.1.1                    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.

2.2.16.1.2                    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:

2.2.17.1   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.

2.2.16.1   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.

2.2.16.2   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:

2.2.17.1   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 t\vo 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.

2.2.17.2   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.

2.2.17.3   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.

2.2.17.4    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.

2.2.16        Deficiencies:

2.2.16.1   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,

2.2.17        Cleaning:

2.2.17.1   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

2.5              TESTING:

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.

2.6              ACCEPTANCE:

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:

2.7.1.1     Documentation from the manufacturer that the material has been discontinued.

2.7.1.2      Documentation that names the replacement material.

2.7.1.3      Documentation that provides clear and convincing evidence that the replacement material meets or exceeds all specifications required by the original solicitation.

2.7.1.4      Documentation that provides clear and convincing evidence that the replacement material will be compatible with all the functions or uses of the discontinued material.

2.8.1.5 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               WARRANTY:

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.

2.4.2.1          The Contractor shall indicate on the Price Sheet the duration of the warranty and any applicable limitations or conditions which may apply.

2.4.2.2           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:

  • Company name, address and contact
  • County bill-to name and contact information
  • Contract Serial Number
  • County purchase order number
    • Invoice nu1nber and date
    • Payn1entterms
    • Date of service or delivery
    • Description of Purchase (product or services)
    • Pricing per unit of purchase
    • Extended price
    • Arrival and completion tin1e (if applicable)
    • Total Amount Due

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.

2.12            TAX:

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.

3.1              INDEMNIFICATION:

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:

3.5.11.1  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.

3.5.11.2  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.

3.5.12.1       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.

3.5.12.1.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.

3.5.12.1.2 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            SUBCONTRACTING:

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.

3.13            AMENDMENTS:

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.

3.17            Validity:

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.

3.19            RELATIONSHIPS:

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:

3.12.1.1        are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency;

3.12.1.2        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;

3.12.1.3        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

3.12.1.4         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:

3.25.1.1        Render a decision;

3.25.1.2        Notify the parties that the exhibits are available for retrieval; and

3.25.1.3        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.

ATTACHMENT D

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

Exhibit 2

Formula Placeholder

Caltrans letter

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County of Santa Clara Letter

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New Mexico Departmen of Transportation Letter

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Speedie and Associates

Physical Properites of Soils and Aggregates Lab Reports

Exhibit 4

Information withheld as confidential in accordance with

Mohave County Procurement Code, Art. 1, Sec. 5(3).

Formula Placeholder

Mohave County Letter

SUBJECT:        Request for Proposals No. 12-P-05, Capital Pavement Preservation Program Request for additional Information

County of Mohave

PROCUREMENT DEPARTMENT

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 tara.acton@mohavecounty.us.

 

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)

  • The following firms were present at the Pre-Proposal Conference held on April 1 9, 2012:

Cutler Repaving, Inc., Apache Junction, Arizona

McCormick Construction Co., Bullhead City, Arizona

Soilworks, LLC, Chandler, Arizona

  • The proposal due date has been revised. REVISED PROPOSAL DUE DATE: MAY 8, 2012 AT 2:00 P.M. LOCAL AZ TIME.
  • Mohave  Co1111tv's Five-Year Capital Road Improvement Program is attached and included as Exhibit A.  This program  was  adopted  in August  2011  and  shows programmed  funds for capital  pavement preservation from Fiscal Year 2012 through Fiscal Year 2016. Due to revenue constraints, the County did not carry out its Capital Pavement Preservation projects in Fiscal Year 2012.
  • A summary of the Engineering Study performed under the scope and direction of Mohave County Public Works coupled with study results is attached and included as Exhibit B.
  • The Pre-proposal Conference Agenda is included herein.
  • Additional Questions requiring clarification

 

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

RFP 12-P-05

April 19, 2012

9:30 a.m.

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

E-mail: tara.acton@mohavecounty.us

 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

  • All proposals must be sealed and time stamped  prior to this deadline at the Procurement Office located at  700 W. Beale  Street,  l '' Floor,  Kingman, AZ   86401.   Ki11gmr111  is considered  a  "rural" area  by ma11y express  delivery  carriers  and  thus,  they  do  not  guarantee  priority   delive1·  (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 offeror regardless of reason for being late.
  • Proposal Response must include signed Offer Page and signed amendment(s). Offerors should check the County's website to ensure they have complete documents before submitting a proposal. Web address is www.mohavecounty.us Go to "Quick Links", Go to "Bid Opportunities."
  • An original and 3 copies (4 total) of each proposal should be submitted on the forms and in the format specified in the RFP. The original copy of the proposal should be clearly marked "Original" and shall be unbound and single sided. The Material should be in sequence and related to the RFP.
  • Price Proposal must be submitted in a separate sealed envelope with your proposal.

Elaboration by Mohave County Public Works Staff
Questions

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

tara.acton@mohavecounty.us

Mohave County Procurement Department 700 W. Beale Street, l" Floor East

P.O.  Box 7000

Kingman, Arizona 86402-7000

TLA

ISSUE DATE:  03/30/12

I.           BACKGROUND

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.

Chart Graph Placeholder

II.          SCOPE

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

  1. Products furnished through this document shall meet or exceed the following requirements:
    1. All products shall demonstrate full compliance under a minimum of one (1) published state department of transportation specification. Mohave County will assign preference to products fully compliant under three (3) or more published state department of transportation specifications as well as any products compliant with published Arizona Depm1ment of Transp011ation and/or Maricopa Association of Governments (MAG) specifications. - Please see Exhibit One
    2. All products shall have been tested and evaluated under a minimum of one (1) scientific study performed through a ABET accredited university or engineering,: valuation performed by a professional engineer licensed m the United States. -Please see Exhibit Two
  2. Mohave County shall, in its sole discretion, select any or use a combination of awarded contractor-provided specifications under Section Ill.A. I as well as add, amend, or substitute provisions of Mohave County Stm1dm·d Specifications and Details for product composition, performance, and installation.
  3. The awarded contractor shall have sole responsibility and liability for furnishing and installing products ordered by Mohave County at stated proposal price. Mohave County shall, in its sole discretion, specify product quantities and application rates at time of order in accordance with proposal price quantity  ranges and applicable product specification. -Please see Response One
  4. The awarded contractor shall reasonably coordinate the timing and manner of product installation with other pavement subsurface work, surface work, and/or all non-product installations to be performed by others to provide a complete pavement structural section as directed by Mohave County. -Please see Response Two

IV.              PRODUCT REQUIREMENTS

Chart

 

INSTRUCTIONS TO OFFERORS

 

  1. PRE-PROPOSAL CONFERENCE: Prospective offerors  are  encouraged  to  attend  a  Pre-Proposal Conference. The date and time of the pre-proposal conference is indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this Request for Proposals in order to prevent any misunderstanding of the County's position. Any doubt as to the requirements of this Request for Proposals or any apparent omission or discrepancy should be presented to the County at this conference. The County will then determine the appropriate action necessary, if any, and issue a written amendment to the Request for Proposals. Oral statements or instructions will not constitute an amendment to this Request for Proposals. "Persons with a disability or that are unable to physically attend may ,·request a reasonable accommodation by contacting the responsible Procurement Officer al (928) 753-0752. Requests for accommodations must be made fo, ·ty-eight (48) hours ill advance of the event."
  2. PROPOSAL FORMAT:  Original  and 3 copies (4  total)  of  each proposal  should be  submitted  on the forms  and in the format specified in the RFP. The original copy of the proposal should be clearly labeled "Original" and shall be unbound and single-sided. The material should be in sequence and related to the RFP. The sections of the submittal should he tabbed, clearly identifiable and shall include a minimum of the following sections: Price, Offer and Acceptance, Original RFP, Evaluation Criteria, The County will not provide any reimbursement for the cost of developing or presenting proposals in response to this RFP. Failure to include the requested information may have a negative impact on the evaluation of the offeror's proposal.
  3. PREPARATION OF PROPOSAL:
    1. All proposals shall be on the forms provided in this Request for Proposal package. It is permissible to copy these forms as required.  Facsimiles, telegraphic proposals or mailgrams shall not be considered.
    2. The offer and acceptance page shall be submitted with an original ink signature by the person authorized to sign the proposal.
    3. Erasures, interlineations, or other modifications in the proposal shall be initialed in original ink by the authorized person signing the vendor offer.
    4. In case of error in the extension of prices in the proposal, unit price shall govern when applicable.
    5. Periods of time, stated as a number of days, shall be in calendar days.
    6. It is the responsibility of all offerors to examine the entire Request for Proposal package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing a proposal confers no right of withdrawal after due time and date.
  4. WHERE TO SUBMIT PROPOSALS: In order to be considered, the offeror must complete  and  submit their proposal to the Procurement Office at the location indicated, or prior to the exact time and date indicated  on the Notice of Request for Proposal page. The offeror' s proposal shall be presented in a sealed envelope. The words "SEALED PROPOSAL" with SERVICE DESCRIPTION, RFP NUMBER, DATE AND TIME OF PROPOSAL OPENING shall be written on the envelope.
  5. OFFER AND ACCEPTANCE PERIOD: In order to allow  for  an  adequate  evaluation,  the  County  requires an offer in response to this solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
  6. INQUIRIES: Any question related to a Request for Proposal shall be directed  to the Procurement  Officer whose name appears on the front side of this document. The offeror shall not contact or ask questions of the department for whom the requirement is being procured. Questions should be submitted in writing when time permits. The Procurement Officer may require any and all questions to be submitted in writing at the Procurement Officer's sole discretion. Any correspondence related to a solicitation should refer to the appropriate Request for Proposal number, page and paragraph number. However, the offeror must not place the number on the outside  of  an envelope containing questions since such an envelope may be identified as a sealed proposal and may not be opened until after the official proposal due time and date. Oral interpretations or clarifications will be without legal effect. Only questions answered by formal written Request for Proposal amendment will be binding.
  7. REQUEST FOR ADDITIONAL INFORMATION: The County reserves the right to request additional information from Offerors for the purpose of explaining the contents of their proposal. Any such request shall be for informational purposes only and does not constitute discussions.
  8. CONTRACT NEGOTIATIONS: The County reserves the right to enter into negotiations with the Offeror(s) determined to be reasonably susceptible of being selected for award, or to enter into exclusive negotiations with the Offeror whose proposal is deemed most advantageous, whichever is in the County's best interest, for the purpose of negotiation. In the event that exclusive negotiations are conducted and an agreement is not reached, the County reserves the right to enter into negotiations with the next highest ranked Offeror without the need to repeat the formal solicitation process.
  9.  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.

  10. 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.

  11. 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.

     

  12. 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.

  13. 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.

  14. SUBMITTAL: The offer and contract award sheet, the pricing schedule, and any solicitation amendments must be signed and returned with the offeror's proposal.

  15. 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.

  16. SUBCONTRACTORS: Offeror must list any subcontractor to be utilized in performance of  services herein.  For each subcontractor, detail on respective qualifications must be included. 

  17. 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.

  18. 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. 

  19. 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.

     

  20. 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

  1. PROPOSAL EVALUATION CRITERIA - {listed  in relative order of importance):
  • PRODUCT (40 POINTS)
  • PRICE PROPOSAL (20 POINTS) (Submitted ill a separate, sealed envelope, On  the forms provided  with your  proposal)
  • EXPERIENCE (15 POINTS)
  • METHOD OF APPROACH AND SCHEDULE (15 POINTS)
  • PROJECT TEAM (10 POINTS)
  1. REQUIREMENTS   SPECIFIC   TO   EVALUATION    CRITERIA:    The  narrative  portion  and  the  materials presented in response to this Request for Proposal  shall be submitted in the same order as  requested  and must contain, at a minimum, the following:
  • PRODUCT (40 POINTS)
  1. Provide proposed product specifications and evaluations in accordance with section III. General Requirements and IV. Product Requirements in this RFP. -Please see Exh1b1t 3
  2. Provide Product Warranty  Information  for each Product  specified. -Please see Response 6
  • PRICE PROPOSAL (20 POINTS) -Please see Response 7 and 8 (Submitted ill a separate, sealed envelope, 011 the forms provided  with your  proposal)
  1. All proposed products shall be indicated on the Price Sheet by Manufacturer and Manufacturer Product Name and/or Product Number in the space provided and marked "Proposed Product".
  2. Prices shall incorporate and provide for material, jobsite delivery, and complete installation. This includes all costs, of any nature whatsoever, to construct, maintain, repair, and replace the installed product treatment throughout its warranty period and shall include subgrade repair, surface preparation, traffic control, general conditions, and any and all associated or miscellaneous costs.
  3. Warranty service includes product and installation maintenance, repair, and  replacement as applicable to restore and sustain expected product treatment condition and performance through its warranty period in accordance with good industry practice and standards. Warranty service shall be performed at the direction of and witnessed by the County at no additional cost to the County. Complete maintenance and cost records shall be furnished to the County after any maintenance, repair, and replacement activity during the warranty period. Catastrophic pavement damage resulting from an Act of God is excepted from this requirement. Road pavement structure damage resulting from seasonal weather effects, including normal monsoon activity, to the road surface are not excepted from warranty service obligation.
  4. Exclusions and surcharges shall consider potential jobsite locations, specific to roads and streets currently maintained by Mohave County or established as County Highways, throughout the unincorporated area of Mohave County, Arizona.
  • EXPERIENCE (15 POINTS)
  1. List previous projects, specific to each product type, for which the product was supplied and/or installed including project location, project scope, completion date, and customer name and contact information. -Please see Exhibit 4 (Confidential)
  2. Indicate any relevant licenses, certifications, and/or awards specific to the supply and/or  installation of each product type. Please see Exhibit 5
  3. Provide a minimum of five (5) References. References should include governmental entities similar in size and function to Mohave County Department of Public Works, For each client, include:
  • Name of Public Entity represented
  • Contact Person's Name
  • Contact Person's Title
  • Phone Number

 

  • METHOD OF APPROACH AND SCHEDULE (15 POINTS) -Please see Response 12 through 14
  1. Describe specific services to be provided in the delivery and/or installation of each product type including approaches to the work and all aspects of the work requiring a subcontractor(s).
  2. For each product, indicate anticipated product delivery and/or installation response times in addition to times to complete typical tasks in the prosecution of the work.
  3. Indicate any exclusions to products supplied and/or services provided in specific geographic areas, considering potential jobsite locations, specific to roads and streets currently maintained by Mohave County or established as Mohave County Highways, throughout the unincorporated areas of Mohave County, Arizona.
  • PROJECT TEAM (10 POINTS)
  1. Identify key personnel proposed for product delivery and installation, including Project Manager(s) and worksite supervisor(s). -Please see Exhibit 7 (Confidential)
  2. Describe experience of key personnel on comparable product deliveries and installations. -Please see Exhibit 7
  3. Identify subcontractors, as applicable, to be used and describe their experience on  comparable product installations. -Please see Response 16
  • GENERAL:
  1. Shortlist: The County reserves the right to shortlist the offerors on all of the stated criteria. However, the County may determine that short-listing is not necessary.
  2. Interviews: The County reserves the right to conduct interviews with all or some of the offerors at any point during the evaluation process. However, the County may determine that interviews are not necessary. In the event interviews are conducted, information provided  during the interview  process shall be taken into consideration when evaluating the stated criteria.
  3. Additional   Investigations:  The County  reserves  the  right  to  make  such  additional  investigations as  it deems necessary to establish the competence and financial stability of any firm submitting a proposal. -Please see Response 17
  4. Prior   Experience:   Experiences  with  the  County  and  entities  which  evaluation    committee  members represent shall be taken into consideration when evaluating qualifications and experience.
  5. Multiple Awards: To provide adequate contract coverage, multiple awards may be made.

STANDARD TERMS AND CONDITIONS

  1. CERTIFICATION: By signature in the offer section of the Offer and Acceptance page, offeror certifies:
    1. The submission of the offer did not involve collusion or other anti-competitive practices.
    2. The proposer shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, or A.R.S. § 31-1461, et seq.
    3. The proposer has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection ,with the submitted offer.
    4. The proposer submitting the offer hereby certifies that the individual signing the proposal is an authorized agent for the company and has the authority  to bind  the proposer  to the  contract.
  1. TERMINATION   OF  CONTRACT:    This  contract  may  be  terminated  at  any  time  by  mutual  written  consent,  or  by  the County,  ,with  or without  cause,  upon  giving  thirty  (30) days ,written  notice  to  you.   The County  at its convenience,  by  ,written notice,  may  terminate  this  contract,  in  ,whole  or  in  part.    If  this  contract  is  terminated,  the  County  shall  be  liable  only  for payment  under  the  pay1nent  provisions  of  this  contract  for  services  rendered  and  accepted  1naterial  received  by  the  County before the effective date of termination.

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.

  1. RECORDS:   Internal  control  over  all  financial  transactions  related  to  this  contract  shall  be  in  accordance  ,with  sound  fiscal policies.    The  County  may,  at  reasonable  times  and  places,  audit  the  books  and  records  of  you  or  any  and  all  of  your subcontractors.   Said audit shall be limited to this contract  and its scope of services.
  1. ARBITRATION:   It is understood  and  agreed  that  no provision  of  the contract  relating  to arbitration  or requiring  arbitration shall apply to or be binding  upon  the County except  by  the County's express ,written consent  given subsequent  to the execution of the  contract.   However,  at  the County's  sole option,  or by  other means  expressly  approved  by  the County,  disputes may  be resolved  through  arbitration.    The  dispute  shall  be  resolved  as  provided  for  in  A.R.S.  §  12-1501, et  seq.   Contractor  shall continue to render the services required  by this contract \Without  interruption, notwithstanding the provisions of this section.
  1. INDEPENDENT CONTRACTOR: It is clearly understood that each party shall act in its individual capacity and not as  an agent, e1nployee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be dee1ned or constn1ed to be the employee or agent of the other party for any purpose whatsoever. Contractor shall not be entitled to compensation in the form of salaries, or to paid vacation or sick days by the County, and that such days do not accu1nulate  for the use of same at a later  date.

    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.

  2. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agree1nent that it is for the sole convenience of the County. The County reserves the right to obtain like goods or services fro1n another source ,when necessary. 
  1. PATENT  INFRINGEMENT:   The procuring  agency should  advise the Contractor  of any impending patent  suit and provide a1l  information  available.   The Contractor shall defend any suit or proceeding  brought  against  the procuren1ent  agency based  on a claim that  any equip1nent 1  or any part  thereof,  furnished  under  this contract  constitutes an infringement  of any patent,  and the Contract  shall  pay  all  damages  and  costs  awarded  therein,  excluding  incidental  and  consequential   damages,  against  the procuring  agency.   In case said  equipment,  or any part  thereof,  is  in such  suit  held  to constitute infringen1ent  and  use of  said equipment or part  in enjoined, the Contractor shalt at its own expense and at its option, either procure for the procuring  agency the right  to continue  using  said  equip1nent  or part,  or  replace  same ,with  non-infringing  equipment,  or 1nodify it  so it becomes non-infringing.
  2. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply  with  all applicable provisions  of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act. 
  3. 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.

  4. 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

  5. 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.

  6. 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.

  7. 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.

  8. LEGAL REMEDIES: All claims and controversies shall be subject to the Mohave County Procurement Code.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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

  15. 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.

  16. 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.

  17. 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
  • Identification of the Request for Proposal or contract number;
  • A detailed statement of the legal and factual grounds of protest including copies of re1evant documents; and,
  • The form of relief requested.
  1. WARRANTIES: Contractor ,warrants that all n1aterial or service delivered under this contract shall conforn1 to  the specifications of this contract. Mere receipt of shipment of the n1aterial or service specified and any inspection incidental thereto  by the County,  shall  not  alter or affect  the obligations  of  the Contractor  or the rights  of  the County under  the   foregoing warranties. Additional ,warranty req uirements  may be set forth in this document.
  1. INDEMNIFICATION:   To the fullest extent permitted  by law, Contractor shall defend,  indemnify and hold  harmless Mohave County, a body politic and corporate of the State of Arizona, it's board  members, officers, e1nployees, agents and other officials (hereafter called  "County")  from and  against  all claims, damages,  losses  and expenses,  including  but  not  limited  to attorneys' fees,  court  costs  or  other  alternative  dispute  resolution  costs  arising  out  of  or  resulting  from  Contractor's  ,work  or  services; provided  that  any such claim, damage,  loss or expense is attributable to bodily  injury, sickness, disease,  death, personal injury, or property damage, including the loss of use or diminution in value,  resulting therefrom;  but only to the extent caused in ,whole or in part by the actual or alleged negligent  acts, errors or omissions of Contractor,  or anyone for whose  acts Contractor 1nay be liable.  Contractor shall not be obligated  to indemnify, defend and hold  harmless the County for any claims to the extent that the injury or damage is attributable  to or arose from  the  negligence  or willful misconduct  on the part  of the County, its agents  or employees.   The County reserves  the right,  but  not  the obligation,  to participate  in defense ,without  relieving  the Contractor of any obligation hereunder.   The amount and type of insurance coverage requirements  set forth in this contract shall in no ,way be construed as limiting the scope of the indemnity in this paragraph.   The provisions  of this Section shall survive the expiration or early termenation  of this Contract.
  1. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the fom1er party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given ,within five (5) days, the demanding party may treat this failure as an anticipatory repudiation ,with this contract.
  1. ADVERTISING: Contractor shall not advertise or publish  information  concerning this contract ,without prior ,written  consent of the County.
  2. RIGHT TO INSPECT: The County may, at reasonable times, and at the County's expense, inspect the place of a Contractor or subcontractor ,which is related to the performance of any contract as awarded or to be awarded.
  1. FORCE MAJEURE:
    1. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the  extent  that  such  party's  performance  of  this  contract  is  prevented   by  reason  of  Force  Majeure.    The  term  "Force Majeure11   n1eru1s  an  occurrence  that  is beyond  the control  of the party  affected  and  occurs ,without  its fault or negligence. Force  Majeure  shall  not  include  late  performance  by  a  subcontractor  unless  the  delay  arises  out  of  a  Force  Majeure occurrence in accordance ,with this Force Majeure term and condition.
    2. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in ,writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party fro1n performing in accordance ,with this contract.
  1. INSPECTION: All material or service is subject to final inspection and acceptance by the County. Material or service failing to confor1n to the specifications of this contract shall be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Nonco1npliance shall conform to the cancellation clause set forth in this document.   -Please see response 22
  1. EXCLUSIVE POSSESSION: All services, information,  computer program  elements, reports,  and  other deliverables which 1nay be created under this contract are the sole property of the County and shall not be used or released by the Contractor or any other person except ,with prior ,written permission by the County.
  1. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to tl1e County until the County actually receives the n1aterial or service at the point of delivery, unless otherwise provided ,within this contract.
  1. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver  conforming n1aterials in each installment or lot of this contract ru1d may not substitute nonconforming materials. Delivery of nonconforming
  1. Ill General Requirements, Page 3 of 23, Section C: All earthwork and preparation of project site, including providing water, will be the responsibility of the County.  Soilworks, LLC would supply the product as specified in this RFP and Application of recommended product only. Application rates will be provided on a project case basis and the inspection of each project will determine application rates. Any application rates that the County specifies that are not the recommended application rates set forth Soilworks, LLC could possibly result in less optimum results for the project.
  2. Ill General Requirements. Page 3 of 231 Section D: The timing and manner of production installation with other pavement subsurface work, surface work, and/or all non-product installations will be determined on a project basis. All earthwork and preparation of project site, including providing water, will be the responsibility of the County.
  3. Proposal Evaluation Requirements Page 8 of 23, Section II-Requirements Specific to Evaluation Criteria, Sub Section A-Product - Please see Exhibit One.
  4. Proposal Evaluation Requirements Page 8 of 23, Section II-Requirements Specific toEvaluation Criteria, Sub Section A-Product - Please see Exhibit Two.
  5. Proposal Evaluation Requirements Page 8 of 23, Section II-Requirements Specific to Evaluation Criteria, Sub Section A-Product Ill- Please see Exhibit Three.
  6. Proposal Evaluation Requirements Page 8 of 23, Section II-Requirements Specific to Evaluation Criteria, Sub Section A-Product 112 - Product Warranty Information/Specifications will be provided based on the scope of project specifications, information about the type of roadway, traffic conditions, conditions of the soil after soils testing and other varying factors of the project.
  7. Proposal Evaluation Requirements Page 8 of 23. Section II-Requirements Specific to Evaluation Criteria. Sub Section B-Price Proposals 112- The pricing included in this RFP is the recommended product only. The Scope of Project based on the County provided information will determine the cost of delivery (if applicable) application (if part of the overall scope of the project) applicable taxes,  mileage and installation/ application.   The pricing for those above items will  be determined on a project basis only. The County shall, per the bidder's conference, prep the site and handle the construction of the proposed project. Site will be prepared based on Soilworks, LLC Application Instructions for Soil Stabilization.
  8. Proposal Evaluation Requirements  Page 8 of 23. Section II-Requirements Specific   toEvaluation Criteria. Sub Section B-Price Proposals 113- With regards to the Warranty Service, this would be determined on a project  basis and cannot  be specifically designed or  determined within the scope of this RFP. Per the County's Amendment to RFP, acts of Force Majeure will be excluded from the warranty specifications
  9. Proposal Evaluation Requirements Page 8 of 23. Section II-Requirements Specific to Evaluation Criteria. Sub Section C-Experience Ill-Please see Exhibit Four- THIS INFORMATION IS CONFIDENTIAL TO SOILWORKS, LLC AND NOT AUTHORIZED TO BE PUBLISHED WITH THE PUBLIC BID.
  10. Proposal Evaluation Requirements Page 8 of 23. Section II-Requirements Specific to Evaluation Criteria. Sub Section C-Experience 112-Please see Exhibit Five.
  11. Proposal Evaluation Requirements Page 9 of 23, Section II-Requirements Specific to Evaluation Criteria. Sub Section C-Experience 11314-Please see Exhibit Six- THIS INFORMATION IS CONFIDENTIAL TO SOILWORKS, LLC AND NOT AUTHORIZED TO BE PUBLISHED WITH THE PUBLIC BID.
  12. Proposal Evaluation Requirements Page 9of23.SectionII RequirementsSpecifictoEvaluation Criteria.SubSectionDMethodofApproachandSchedulingIll-Each project as defined by the County is specific to that asset/road.   Specific services with regards to delivery and/or installation would be on a project basis and will need to be analyzed before 'that project is started. Soilworks, LLC would give a recommendation based on the criteria of the project offered by the County.
  13. Proposal Evaluation Requirements Page 9 of 23. Section II-Requirements Specific to Evaluation Criteria. Sub Section D Method of Approach and Scheduling #2-Each project as defined by the County is specific to that asset/road . Specific services with regards to delivery and/or installation response time would be on a project basis and will need to be analyzed before that project is started. Soilworks, LLC would give a recommendation based on the criteria of the project offered by the County.
  14. ProposalEvaluation Requirements  Page 9of23.SectionII-RequirementsSpecifictoEvaluation Criteria.SubSectionDMethodofApproachandScheduling#3-Each project as defined by the County is specific to that asset/road.  Specific services with regards to delivery and/or installation and to the exclusions would be on a project basis and will need to be analyzed before that
  15. project is started. Soilworks, LLC would give a recommendation based on the criteria of the project offered  by the County.
  16. ProposalEvaluation Requirements Page 9of23.SectionII-RequirementsSpecifictoEvaluation Criteria.SubSectionEProjectTeam#1and#2-Please see Exhibit 7- THIS INFORMATION IS CONFIDENTIAL TO SOILWORKS, LLC. AND NOT AUTHORIZED  TO BE PUBLISHED WITH THE PUBLIC BID. 
  17. Proposal Evaluation Requirements Page 9 of 23. Section II-Requirements Specific to Evaluation Criteria. Sub Section E Project Team #3- Not applicable for this RFP. All earthwork and site preparation shall be completed by the County. Soilworks, LLC will provide the proposed product and application will be based on a project basis.
  18. ProposalEvaluation Requirements Page 9of23.SectionIll-GeneralSubSectionC-Additional investigations-Soilworks,  LLC acknowledges the County's right to make additional investigations as it deems necessary, however the financial reports, documentation, specifications, contact information, clients, audited financial and any other documentation that is requested by the County and is deemed confidential to Soilworks, LLC and will not be documented under this RFP and not made public what-so-ever  in the scope of this RFP or Response to RFP.
  19. 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.

  20. 19. SpecialTermsandConditions Page 11of23-1.Insurance Requirements.SubSectionB-2 Payment andPerformance Bonds: - Bonds as defined by the County will be required for only those projects that exceed $50,000  and not be included in this RFP for award and consideration.
  21. SpecialTermsandConditions Page 1 2 of 23-#8 Discounts-As specified in the County's RFP, a discount determination to be offered if the invoices are paid within 21calendar days of invoice. Determined discount will be negotiated if a contract is awarded by County to Soilworks, LLC.  This statement does not guarantee a discount if Soilworks, LLC is awarded a contract with the County.Standard Terms and Conditions-Page 1 6 of 23 #18-Protecti on of Government Buildings: Soilworks, LLC will make every reasonable effort to avoid damaging existing buildings and equipment. If damage does occur during a project, the damage would need to be documented and submitted with photographs to Soilworks, LLC by the County for review.
  22. Standard Terms and Conditions-Page 1 7 of 23 #30 Inspection: County has not set forth in this RFP any specifications with regards to active solids in the Polymer as requested in Product Sa and Product Sb. Any final inspection of the product provided by Soilworks, LLC would be based on the specifications for the proposed  product.

Speedie and Associates Report

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Aquatic Testing

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Letter of Introduction

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Application Uses and Examples

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Frequently Asked Questions

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Application Equipment Examples

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Environmental Data

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Material Safety Data Sheet

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Process Mix-In Applications

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Caltrans Letter

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BLM Letter

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Press Release

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Project Team Bio's

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References

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