80DOT-S1674 Additional Requirements.docx

Additional Requirements

1) Traffic Beads shall be delivered within 30 days of placement of order. A liquidated damage charge of one cent ($.01) per day, per lb. for each day beyond the 30-day delivery deadline will either be reflected on the invoice by the vendor as a credit line item OR deducted from the invoice upon payment by the using agency. Quantity and order date will be confirmed by E-mail from NDOT to the vendor. Vendor must confirm delivery date by return E-mail. Failure to comply with this stipulation and failure to complete delivery of beads because of assessed liquidated damages will be cause for immediate termination of this contract.

2) Price increases WILL NOT be honored during the term of the contract. Any vendor awarded a contract as a result of this bid who feels, because of price increases from their supplier, they cannot honor a price, must notify State Purchasing in writing, requesting their contract be cancelled. The State of Nevada will then obtain the product from the next lowest bidder.

3) Purchase orders issued as a result of this bid will be processed for payment by the Nevada Department of Transportation as each order is delivered and invoiced complete. Purchases will be made by the using agency by issuing an Asphalt Purchase Requisition (or equal paperwork) to the vendor for each delivery at the time it is made. Invoices shall be sent direct to the district engineer in each district attached to the corresponding purchase order and shall be paid direct to the vendor by the using agency. Invoices shall show the REQUISITION OR PURCHASE ORDER NUMBER AND THE DELIVERY TICKET NUMBER.

4) Quantities specified hereinbefore are approximate estimates of usage only; therefore, the State of Nevada, Division of Purchasing OR the Department of Transportation, SHALL NOT be obligated in any way whatsoever implied or otherwise to a definite quantity during the entire period of the contract.

5) This contract is primarily for use by the Nevada Department of Transportation; however, orders may be placed by the Nevada State Purchasing Division or other State agencies, Cities, Counties or political subdivisions should the need arise.

6) ADHERANCE TO SPECIFICATIONS: Deviations to any of the requirements set forth in this bid shall be stated on a separate sheet and attached to this bid. Unless so stated by the bidder, the State of Nevada shall assume that all requirements have been met and shall hold the bidder to each part of the specification.

7) Contractor, in bidding on and in the performance of this contract, shall be solely responsible for complying with all laws, including but not limited to, codes, statutes, regulations and ordinances of the City, County, State and Federal governments.

8) The State of Nevada, Division of Purchasing, reserves the right to have successful bidder furnish sample(s) of the traffic beads bidding.

9) The State of Nevada shall reserve the right of inspection, approval and final acceptance upon completion of the delivery by the contractor.

10) Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior to submitted bid as changes in bid prices after opening date and hour of bid due to an error WILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnish traffic beads at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

11) For purposes of addressing questions concerning this solicitation, the sole contact will be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein will not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

12) No proposal will be considered unless accompanied by a Commercial General Liability Insurance policy in the amount of $1,000,000.00 per occurrence, and maintained for the duration of this contract, for bodily injury, property damage, including but not limited to personal injury, sickness, disease or death or damage to or destruction of the property of persons arising directly or indirectly out of or in connection with the performance under this contract by the Contractor, his agents, representatives, employees, or subcontractors. The policies are to contain or be endorsed to contain, the following provisions:

1. The State of Nevada, its officers, officials, employees and volunteers are to be covered as additional insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor and said coverage shall contain no special limitations on the scope of protection afforded the State.

2. The Contractor’s insurance coverage shall be the primary insurance as respects the State. Any insurance maintained by the State shall be excess and shall not contribute with the primary.

3. The insurance companies that provide Commercial General Liability coverage shall waive their rights of subrogation against the additional insured, the State of Nevada, its elected or appointed officers, officials, agents and employees for losses paid under the terms of the policy which arise from work performed by the named insured for the State of Nevada.

4. Each policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after 30 days prior notice to the State of Nevada.

5. Nothing contained in these requirements is to be construed as limiting the extent of the Contractor’s total responsibility for payment of claims arising from the actions of a third party when such actions might be taken as a result of the Contractor’s operations under this contract.

6. The State of Nevada is not liable for the payment of any deductibles or assessments on any insurance policies purchased by the Contractor.