80DOT-S2975 Additional Requirements.pdf

Additional Requirements

1) 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.

2) The validity, interpretation, effect, and/or any dispute regarding this agreement is governed by the laws of the State of Nevada.

3) The bidder certifies by electronic submission of their proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any Federal department or agency sponsored program.

4) Award of bid may be made to multiple vendors. Award will be determined by lowest cost per gallon, for the container types meeting specifications and required for the southern regions of the State.

5) 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.

6) 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 traffic paint at price or prices bid or shall be penalized by being removed from bidder’s list for a period of one year.

7) Bid MUST be submitted on the pricing sheet in NevadaEPro to be considered.

8) 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.

9) Due to the current economic climate and budget constraints the State of Nevada does not anticipate extending this contract beyond the first year but chooses to include language that addresses the “possibility” of extension should it be deemed to be in the best interest of the State. Should the State decide to exercise the option of extension, a written request will be provided to awarded vendor(s) during the 11th month of the contract. Price adjustments may be allowed after the first year of the contract period either increasing or decreasing the unit price by the same amount as received by the contractor from his refinery or supplier and must be accompanied by a copy of substantial documentation indicating that the change is based on general industry changes.

Should the State of Nevada decide not to accept proposed increases, the contract will be re-solicited.

10) 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.

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

12) 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.

13) The successful vendor must furnish three (3) “Safety Data Sheets” for each chemical awarded, two to accompany product shipment within ten (10) business days after receipt of order.

14) Items furnished by successful bidder as a result of this bid MUST BE packaged as bid. Items received that are not packaged as bid will be returned at bidder's expense.

15) 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.

16) This contract may be canceled by the State for reasons that shall include, but not limited to the following:

(1) If awarded vendor delivers unacceptable paint which is rejected or delivers paint late or fails to make a delivery entirely, or any combination of the above stated reasons on two (2) occasions during any one year of the contract, in this instance cancellation of the contract will be effective ten

(10) calendar days from the date of the letter from the State to the awarded vendor canceling the contract.

(2) If paint is shown to be or becomes incompatible with the State’s current spray paint equipment, or if the spray equipment must be modified to accept the supplied paint or paint container. In this instance, the cancellation would be effective on the date that it was determined the paint was incompatible with the spray equipment. Incompatibility is to mean that paint clogs the machine or any of its pumps, pipes or tubing or any other part thereof; leaks through seals or any other part of the equipment or in any way damages the equipment or causes any difficulty in use.

(3) The contract shall be subject to cancellation or termination should more than two (2) delivered batches fail to match to the “Base Line” standard.

(4) In the event of a paint or performance failure due to unclean totes the Nevada Department of

Transportation upon notification of two failures will require the use of bladders.

17) Additional Support Requirements: In the event that the successful vendor delivers paint to the State and the Transportation Department experiences serious problems and suspect that the delivered paint no longer conforms to the specification, the vendor will be financially responsible for the written analysis from an independent laboratory (of the State’s choice) of the delivered paint and the paint originally submitted as test samples. The State will not be obligated or liable for any delivery, pick-up or transportation charges for rejected paint shipments, nor for payment of any kind.

18) The State expects immediate response from the successful bidder in the event of a paint failure causing a down condition of the striping or spray equipment, for example:

(1) “Critical Situation”: In the event delivered paint affects the operations ability of the equipment, such as plugged paint lines, pumps, paint guns, etc., the vendor will contact the Transportation Department within two (2) hours of notification and remedy the situation within “thirty six (36)” hours of notification.

(2) “Problem Situation”: In the event performance or quality of the delivered paint is questioned, such as dry time, bead retention, poor adhesion, etc., the vendor will contact and remedy the situation within “seventy-two (72)” hours of notification.

(3) Service Representative: If the State requires a “Service Representative” to participate in the problem-solving situation (either on site or by telephone) outlined in either of the above described situations, the vendor’s representative must be fully qualified, both mechanically and technically, to solve the problem. A “salesman” or “Regional Manager” or other unqualified representative does not fulfill the intention of this section.

19) 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.