80DOT-S2523 Additional Requirements.docx

ADDITIONAL REQUIREMENTS

a) Bidders are especially cautioned to recheck bid prices for errors prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error shall not be permitted or accepted. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

b) Orders will be placed by the Department of Transportation on an “as needed” basis for delivery to locations specified in this bid.

c) Quantities listed are ESTIMATES of usage only, therefore, State of Nevada, Division of Purchasing or the Nevada Department of Transportation WILL NOT be obligated in any way whatsoever implied or otherwise to a definite quantity during the entire period of the contract.

d) Bids are restricted to specific products listed in the bid specifications and as referenced in Section 408.02.05 the Department of Transportation’s Qualified Product List (QPL).

e) The State of Nevada, Division of Purchasing OR the contractor (successful bidder), shall reserve the right of cancellation of any item or items hereinbefore specified and bid on provided such cancellation is for cause and given in writing by either to the other 15 days prior to cancellation. Cause shall be defined as change in manufacturer’s price to the general public, increase in freight rates, poor delivery, etc.

f) Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior to submitting 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 products at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

g) Price increases WILL NOT be honored during the initial 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.

h) Purchase orders issued as a result of this bid will be processed for payment by the Nevada Department of Transportation (or any using agency) 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.

i) 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.

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.

k) Vendor shall be required to mark each container or bag with the Cubic Feet of material contained within.

l) For purposes of addressing questions concerning this solicitation, the sole contact shall be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein shall 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.

Bid 80DOT-S2523