IFB-2600007762.pdf

Mark Koskiniemi, Procurement Officer Publish: The Territorial: June 22, 23, 24, and 25, 2026

PIMA COUNTY NOTICE OF INVITATION FOR BIDS (IFB)

Solicitation Number: IFB-2600007762

Title: Asphaltic Concrete and Heatless Road Repair Tack

DUE IN AND OPENS: July 28, 2026 AT OR BEFORE 1:00 P.M. LOCAL TUCSON, AZ TIME (MST)

Submit Bid to:

Online submissions to the BidNet solicitation portal only

Remote Pre-Bid Conference:

June 25, 2026 AT 9:00 A.M. LOCAL TUCSON AZ TIME (MST) MS Teams Meeting Link:

https://teams.microsoft.com/meet/247607104602015?p=EVPqOmp48SGB8D6ct4

SOLICITATION: Pima County (“County”) is soliciting bids from Offerors qualified, responsible, and willing to provide asphaltic concrete and/or heatless road repair tack in compliance with all solicitation specifications and requirements contained or referenced herein.

GENERAL DESCRIPTION: Pima County requires asphaltic concrete materials as well as heatless road repair tack for the construction and maintenance of County roadways and other infrastructure, per specifications and requirements described herein.

You may download a full copy of this solicitation at https://www.bidnetdirect.com/solicitations/open-bids/ by searching and selecting the solicitation number. Offerors are required to check this website for amendments prior to the “Due In and

Opens” date and time to assure that the bid incorporates all amendments. Prospective Offerors may also pick up a copy, Monday through Friday excluding legal holidays (as observed by County, https://webcms.pima.gov/cms/one.aspx?portalId=169&pageId=2976), 8 A.M. to 5 P.M. LOCAL TUCSON ARIZONA TIME

(MST), at the address listed above.

PRE-BID CONFERENCE: County will hold a Pre-Bid Conference, via an MS Teams Meeting only, for the purpose of clarifying requirements and answering prospective Offeror questions. It is the responsibility of Prospective Offerors to familiarize themselves with all requirements of the solicitation and to identify any issues at the conference. Attendance is

Optional. Remote participation is via the MS Teams Meeting link included above.

MS TEAMS BID OPENING: County will publicly open bids, via an MS Teams Meeting only, immediately after the “Due In and Opens” date and time at the location as stated above or as subsequently changed by a solicitation amendment. County will read each respondent’s name and total bid amount. County invites all interested parties to attend the opening. Remote participation is via the following MS Teams Meeting link:

https://teams.microsoft.com/meet/280588743059505?p=7S2aKWdVzYKxxjE5PU.

Offerors must submit bids as required in the Instructions to Offerors, in accordance with the Standard Terms and Conditions, and all solicitation documents either referenced or included herein. Failure to do so may be cause for County to reject a bid as “Non-Responsive.”

Offerors must complete and return those documents identified in Section 4, Submission of Bids of the Instructions to Offerors document.

Offerors may not withdraw bids for sixty (60) days after opening except as allowed by Pima County Procurement Code.

Bonds are not required.

OFFERORS ARE REQUIRED TO READ THE ENTIRE SOLICITATION, INCLUDING ALL REFERENCED DOCUMENTS, ASSURE THAT THEY ARE WILLING AND ABLE TO COMPLY, AND INCORPORATE ALL ASSOCIATED COSTS IN

THEIR BID.

County will not accept verbal requests for clarifications or interpretations. Offerors must submit any questions or deviation requests through the BidNet solicitation portal.

All submittals must reference the Solicitation Number and Title. County may not answer any questions that Offerors submit within eight (8) days of the solicitation “Due in and Opens” Date and Time.

https://teams.microsoft.com/meet/247607104602015?p=EVPqOmp48SGB8D6ct4 https://teams.microsoft.com/meet/247607104602015?p=EVPqOmp48SGB8D6ct4 https://www.bidnetdirect.com/solicitations/open-bids/ https://webcms.pima.gov/cms/one.aspx?portalId=169&pageId=2976 https://teams.microsoft.com/meet/280588743059505?p=7S2aKWdVzYKxxjE5PU

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Instructions to Offerors Page 1 of 4 Revised March 2025

INSTRUCTIONS TO OFFERORS

FAILURE TO COMPLY MAY CAUSE COUNTY TO IMPROPERLY EVALUATE THE BID OR TO CONSIDER THE BID TO

BE “NON-RESPONSIVE”

1. PREPARATION OF RESPONSES

Offeror’s submission must use the forms contained in the solicitation. Offerors must print, in ink, or type all prices and notations. Erasures are NOT permitted. Offerors must cross out errors and print in ink or type corrections adjacent to the error, and the person signing the bid will initial any such correction. Pima County (“County”) prefers typed responses.

All bids must, if appropriate, indicate the registered trade name, stock number, and packaging of the items included in the bid.

Any surety required by this solicitation may be in the form of a bond, cashier's check or certificate of deposit made payable to Pima County. Personal or company checks are not acceptable.

2. OFFER AGREEMENT for Asphaltic Concrete and Heatless Road Repair Tack

An authorized representative of Offeror MUST complete the Offer Agreement document and sign the Section 17

Bid/Offer Certification page of the Offer Agreement, certifying that the Offeror is willing and able to meet all requirements of the solicitation. The completed and signed Offer Agreement becomes a binding offer once submitted by Offeror and opened by County on the “Due In and Opens” date. Once County accepts and executes the Offer Agreement, as described below in Section 10 Award of the Instructions to Offeror and Section 2 Contract Term, Renewals, Extensions and Revisions of the Offer Agreement, the Offer Agreement becomes a binding contract between Offeror and County for the goods and services described therein.

2.1. Contractor Minimum Qualifications

In order for County to evaluate and consider bids for award, they must be “Responsive” and “Responsible”.

“Responsive” means that the submitted bid documents conform in all material respects to the requirements in the solicitation. “Responsible”, means that Offerors document and substantiate their capability to fully perform all requirements of the solicitation. Factors include and may not be limited to experience, integrity, perseverance, reliability, capacity, facilities, equipment, credit and any other matter necessary to provide the performance that the solicitation requires. The Contractor Minimum Qualifications section of the Offer Agreement establishes the

Offeror’s capacity and responsibility for providing the services or products solicited. To be evaluated and considered for award of contract, Offeror must submit with the Offer Agreement all documents specified in Section

3 Contractor Minimum Qualifications of the Offer Agreement. If requested in that section, Offeror must list the license numbers or descriptions and other information requested.

2.2. Unit Prices & Bid/Offer Certification

Offerors must complete unit prices in the Documents and Items tab in the BidNet solicitation portal for any items they are bidding on.

Offeror must provide requested information and data in the precise manner that County requests. Product descriptions must provide sufficient information for the product being offered. Offeror’s unit prices must include all costs required to implement and actively conduct and document cost control and reduction activities. Offeror’s unit prices must not include taxes applied to the unit price and legally applicable to County purchase transactions.

Offeror’s unit prices must include all costs incidental to the provision of the goods or services being solicited.

Offerors must price each item separately.

County may question, clarify, and correct obvious errors.

3. SPECIFICATION DEVIATIONS

The specifications of the Offer Agreement identify the kind and quality of goods or services Offeror will provide without being unnecessarily restrictive and allow Offeror to provide the information needed for the development of consistent and comprehensive bids.

Equipment brand names, models, and numbers, when given, identify a level of quality, equivalent performance, and dimensional specifications, and are for reference only, unless the solicitation otherwise specifies.

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Instructions to Offerors Page 2 of 4

Failure to perform appropriate research, discovery, examine any drawings, specifications, and instructions will be at the

Offeror's sole risk.

Items included in Offeror’s bid must meet the specifications and requirements in the solicitation.

Offeror may request deviations that specifically document and clearly illustrate the requested deviation to the particular specification or the requirement in this solicitation and fully explain the requested deviation’s impact on the end performance of the item. Offerors must submit deviation requests to County prior to the initial “Due In and Opens” date. County may not answer requests submitted within eight (8) days of the “Due In and Opens” date. County may accept or reject deviation requests in accordance with the Pima County Procurement Code.

County may consider conditional bids that do not conform to or that request exceptions to the published solicitation (and amendments) as “Non-Responsive” and may not evaluate them.

4. SUBMISSION OF BIDS

County will consider Offeror’s submission of a signed Offer Agreement to be a firm offer that will become a binding contract once County issues a system-generated Supplier Contract (SC) or Purchase Order (PO) to the successful

Offeror.

Offerors must complete, execute, and submit their full and complete response online to the BidNet solicitation portal.

A COMPLETE & SIGNED OFFER AGREEMENT MUST BE SUBMITTED. A complete Offer Agreement includes:

1. All sixteen (16) pages of the Offer Agreement, with the following sections and their requirements completed by the Offeror:

• Section 3: Contractor Minimum Qualifications and supporting documents (check appropriate answer and include supporting documents)

• Section 4.2: Provide required supporting documents, including documents that demonstrate item equivalency for substitute items

• Section 5: Sustainability

• Section 8: Compensation & Payment

• Section 15: Acknowledgement of Solicitation Amendments

• Section 16: Small Business Enterprise (SBE) Certification

• Section 17: Bid/Offer Certification Page

2. Any other documents required by the solicitation.

NOTE: Insurance certification, and Performance Bond documents, if applicable, will be required from the successful Offeror within two (2) business days after County posts the Notice of Recommendation for Award on the Procurement website.

An authorized agent of Offeror must sign bids and submit their response to the BidNet solicitation portal and not later than the “Due In and Opens” date and time specified in the IFB.

County will not accept emailed or faxed bids. Only bids submitted through the BidNet solicitation portal will be accepted.

Offeror’s failure to comply with the solicitation requirements, including but not limited to submittals that do not contain all documents, or that modify the solicitation requirements, may be cause for County to reject Offeror’s bid as “Non-

Responsive” and not evaluate it.

5. INQUIRIES & CLARIFICATIONS

All inquiries to County regarding this solicitation must be submitted via the BidNet solicitation portal. No oral interpretations or clarifications made by County to any Offeror as to the meaning of any of the solicitation documents will be binding on County. If a prospective Offeror believes a solicitation requirement is needlessly restrictive, unfair, or unclear, Offeror must notify the Pima County Procurement Department in writing identifying the solicitation number, page and paragraph number and clearly state the issue and suggested solution prior to the “Due In and Opens” date.

County will respond to inquiries and issue clarifications through the BidNet solicitation portal and/or by written solicitation

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Instructions to Offerors Page 3 of 4 amendment posted to the BidNet solicitation portal. County may not answer issues identified less than eight (8) days prior to the “Due In and Opens” date.

6. OPENING

County will publicly open responses on the date stated in the IFB. County will read each respondent’s name and the total bid amount. County invites all interested parties to attend the bid opening via the MS Teams link provided in the

IFB.

7. EVALUATION

County will tabulate responses that are “Responsive” and “Responsible” to determine which are most advantageous to County considering the specifications stated in the Offer Agreement and other relevant factors. County will determine the low or lowest bids considering all items listed in the Unit Price Schedule. Unit prices prevail in the event of an extension error.

County may: 1) waive informalities in the bid or bid procedure; 2) reject the response of any persons or corporations that have previously defaulted on any contract with County or who have engaged in conduct that constitutes a cause for debarment or suspension as set forth in Pima County Procurement Code Section 11.32; 3) reject any and all responses; 4) re-advertise for bids previously rejected; 5) otherwise provide for the purchase of such equipment, supplies materials and services as required herein; 6) award on the basis of price and other factors, including but not limited to such factors as delivery time, quality, uniformity of product, suitability for the intended task, and bidder’s ability to supply; 7) increase or decrease the item quantity or eliminate any item of this solicitation prior to the award. Pricing evaluations will be based on pre-tax pricing submitted by Offeror.

7.1. SMALL BUSINESS ENTERPRISE PREFERENCE

Any contract funded in any amount with federal funds is not eligible for the Small Business Enterprise (SBE) preference.

For bids that do not exceed $500,000 per contract year, County will give a 5% bid preference to firms submitting

SBE Certificates issued by the City of Tucson with their bid. The certification is subject to verification and acceptance by County. If County accepts the certification, it will evaluate the bid at 95% of the bid amount to determine the low and responsive bid. If an SBE firm is the successful Offeror, the contract will include the unit prices, or Lump Sum, as bid.

To be eligible for the price preference, SBE firms must include with their bid documents a copy of their current certification document which they may acquire from the City of Tucson; Department of Procurement.

The City of Tucson SBE website, which typically includes an SBE Application Form and a Directory listing firms holding SBE Certification, is located at: http://www.tucsonprocurement.com/bidders_SBE.aspx.

The process of acquiring SBE Certification may take several weeks. Please contact the Pima County Business

Enterprise Program Coordinator at (520) 724-3807 for assistance or further information.

8. AWARD NOTICE

County will post a Notice of Recommendation for Award (“NORFA”) for the IFB on the BidNet solicitation portal and the

Procurement Department will maintain the tabulation of bids, available for review by interested parties. Offerors that submitted a bid in response to the IFB may also receive an email notice from the Procurement Department of the posting of the NORFA. County will not provide the results of this solicitation in any other manner, or at any time prior to the posting of the NORFA.

9. PROTESTS

An interested party may file a protest regarding any aspect of a solicitation, evaluation, or recommendation for award.

County’s protest procedures are in Chapter 11.20 of the Pima County Procurement Code, available at Pima County

Code | Pima County, AZ. The five-day period to file a protest of the award will be measured from the date the Notice of

Recommendation for Award is posted on the BidNet Portal without regard to whether County issued individual notices. Offerors are responsible for checking the website.

10. AWARD

If County makes an award, County will enter into a contract with one or more Contractor(s) that submitted the lowest responsive bid(s) that County determined “Responsible” for providing the required goods or services. Either the http://www.tucsonprocurement.com/bidders_SBE.aspx https://codelibrary.amlegal.com/codes/pimacounty/latest/pimacounty_az/0-0-0-7273 https://codelibrary.amlegal.com/codes/pimacounty/latest/pimacounty_az/0-0-0-7273 https://bidnetdirect.com/

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Instructions to Offerors Page 4 of 4

Procurement Director or Board of Supervisors will make the contract award in accordance with the Pima County

Procurement Code. Unless County expressly agrees otherwise, resulting contracts are not exclusive, they are for the sole convenience of County, and County may obtain like goods or services from other sources.

11. DOCUMENTS MARKED CONFIDENTIAL

County must comply with A.R.S. § 39-121 et seq., and A.R.S. § 34-603(H) in the case of construction or Architectural and Engineering services procured under A.R.S. Title 34, Chapter 6. The Offer Agreement includes a specific provision about public records in Section 18. Please note that all records submitted in response to this solicitation, including, but not limited to, pricing schedules, product specifications, work plans, and any supporting documents are public records and are subject to release or review by the general public upon request, including competitors. Under County policy, if

Offeror reasonably believes that some of the records that will be submitted to County in response to this solicitation contain proprietary, trade-secret or otherwise-confidential information, Offeror must prominently mark those records

“CONFIDENTIAL”. If County received a public-records request for records marked CONFIDENTIAL, County will notify

Offeror of the request as soon as reasonably possible. County will release the records ten (10) business days after the date of that notice, unless Offeror has, within that period, secured an appropriate order from a court of competent jurisdiction, enjoining the release of the records. County will not, under any circumstances, be responsible for securing such an order, nor will County be in any way financially responsible for any costs associated with securing such an order.

Offeror must also provide County with an index specifically identifying and describing the general contents of each page

CONFIDENTIAL. The index is also a public record and must not include any information considered confidential.

The Offeror agrees to waive confidentiality of any price terms in the event of an awarded contract.

END OF INSTRUCTIONS TO OFFERORS

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Offer Agreement Page 1 of 16 Revised September 2025

OFFER AGREEMENT

1. PURPOSE

This contract establishes a system-generated form Supplier Contract (“SC”) for Contractors to provide Pima County

(“County”) with asphaltic concrete and/or heatless road repair tack on an “as required basis” by issue of Delivery Order

(“DO”).

The established SC will be issued to all Contractors awarded on this contract. County will order Good/Services from the

Contractor on the contract offering best value to County. Should that Contractor be unable to provide the Good/Service at the time requested, County will then order the Good/Service from another Contractor available on the contract.

The established SC will identify the Contractor to provide the required items as designated by the following groups:

Group A: Packaged Mixes

Packaged cold mix and patch materials.

Group B: Hot and Cold Mix Bulk Mixes

Cold mixes and PAG high and low volume hot mixes.

Group C: Heatless Road Repair Tack

Road Repair Heatless High Performance Emulsion Tack or Equivalent.

2. CONTRACT TERM, RENEWALS, EXTENSIONS and REVISIONS

The SC will document the commencement date of the contract and will be for a one (1) year period with four (4) one-year renewal options that the parties may exercise as follows: County will issue contract extensions, renewals, or revisions to Contractor with a revised SC document. Contractor must object in writing to the proposed revisions, terms, conditions, scope modifications and/or specifications within ten (10) calendar days of issuance by County. If Contractor does not notify county of any objections within that timeframe, the revision(s) will be binding on the parties.

3. CONTRACTOR MINIMUM QUALIFICATIONS

The Contractor certifies that it is competent, willing, and responsible for performing the services or providing the products in accordance with the requirements of this contract.

Contractor shall check the appropriate response(s) below and shall submit all required documentation.

Contractors that are unable to affirmatively respond to all required ‘Yes’ box(es) shall be deemed non-responsive. Failure to check the appropriate response and submit the required documentation will result in the bid being rejected as non-responsive and not considered for award:

Contractor has been in the business of providing asphaltic concrete and/or heatless road repair tack for a minimum of three (3) consecutive years. One (1) copy of either the Contractor’s Articles of Incorporation, or the Arizona Corporation Commission or other equivalent state website registration, notating the organization’s formation date MUST be included with bid submittal.

Yes No

GROUP B: Hot and Cold Mix Bulk Mixes offerors only - Contractor has at least one (1) asphaltic concrete manufacturing plant in or near the Tucson Metropolitan Area.

Enter address of asphaltic concrete plant here:

Yes No

4. PRODUCT OR SERVICE SPECIFICATIONS & SCOPE OF WORK

4.1. General Specifications

Contractor will provide hot and cold asphaltic concrete mixes in packaged (Group A) or bulk (Group B and Group

C) as listed in the Documents and Items tab in the BidNet solicitation portal. County reserves the right to add

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Offer Agreement Page 2 of 16 related products to either group in this agreement. Items added to any group in this agreement after award of contract are subject the scope, terms and conditions herein.

a. Group A products may be purchased in single bag or full pallet orders. County will specify pickup or delivery preference at the time order is placed. County will reject delivered packages which are unsealed or broken.

Contractors will replace rejected products at no cost to County. Minimum order quantities are allowed.

b. Group B and Group C products may be purchased in various bulk quantities. County will specify pickup or delivery preference at the time order is placed. If delivered, Contractor must have the ability to deliver from

3 to 5 tons of asphaltic concrete in a single drop. Hauling vehicles will be tight and have clean, smooth beds. County reserves the right to request delivery or pick up of a mix from any plant nearest to the job site. County will provide the Contractor with a planned delivery or pick-up date for the requested mix.

Contractor will be requested to prepare hot or cold mix orders in sufficient quantities necessary for scheduled

County projects. County will give Contactor five (5) days advanced notice for PAG 3 orders. Contractor must notify County within eight (8) hours of request if it cannot meet the scheduled demand. County will notify the Contractor in writing at least 48 hours in advance if the order delivery or pick-up date has changed, or if order must be modified or cancelled. County is responsible for material and/or delivery costs if it fails to confirm order changes or cancellations prior to production.

4.2. Item Specifications

Asphaltic concrete mixes will meet the Pima Association of Governments (PAG) Standard Specification and

Details for Public Improvements, Section 406, Asphaltic Concrete. A copy of this standard can be downloaded at https://apps.pagregion.com/standardspecifications/. The published PAG standards are subject to change.

Bituminous Material (BM) will be a performance grade, appropriate for the climate/region, which conforms to

AASHTO M 320, unless otherwise specified. The percentage of bituminous material used shall be sufficient to produce mix voids of 4.0% +/- 2.0%.

Percent Passing MIX DESIGNATION No. 1 No. 2 No. 3

Sieve Size 1" 100 --- ---

3/4" 90-100 100 --- 1/2" 72-90 90-100 100 3/8" 60-76 70-85 85-100

#4 48-62 54-68 55-75 #8 40-52 (Note 1) 44-52 (Note 1) 38 - 50 (Note 1)

#40 12-24 13-23 16-26 #100 --- --- ---

#200 (Note 2) 3-7 3-8 3-8 Notes:

1. A minimum of 85 percent, by weight, of the material retained on the No. 8 (2.36 millimeters) sieve shall have at least two fractured surfaces and a minimum of 92% with at least one fractured face (plus 4 material), produced by crushing when tested in accordance with the requirements of Arizona Test Method 212a.

2. The percentage passing the No. 200 (0.75 millimeters) sieve shall include the amount of mineral admixture.

Mineral aggregate shall conform to the requirements found in Table 406-4 when tested in accordance with the applicable test methods.

Mix design proposals will comply with Section 406, Subsection 406.2.06. For each item in Group B, Contractor will provide data on each mix in the table below and indicate the approximate percent of recycled asphalt https://apps.pagregion.com/standardspecifications/

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Offer Agreement Page 3 of 16 pavement (%RAP) if utilized, and percent of bituminous material (%BM). The term “bituminous materials” as used herein shall include asphalt cement, liquid asphalt and asphalt emulsions.

Item No.

Item Description (Group B – Hot and Cold Mix Bulk Mixes)

5 Cold Mix (______%BM) (______%RAP)

7 Hot Mix PAG 2 High Volume (______%BM) (______%RAP)

8 Hot Mix PAG 2 Low Volume (______%BM) (______%RAP)

9 Hot Mix PAG 3 High Volume (______%BM) (______%RAP)

10 Hot Mix PAG 3 Low Volume (______%BM) (______%RAP)

Handling of asphaltic concrete will always be such as to minimize segregation. Contractor must never blend or cross-contaminate hot and cold mixes. Any asphaltic concrete which displays segregation shall be removed and replaced at Contractor’s expense.

Road Repair Heatless High Performance Emulsion Tack or Equivalent should meet the following material specifications and shall be available for purchase year round:

• Product Type: Polymer Modified High-Performance (PHPM-50)

• Container Size: 275 Gallon Tote

• Water Content: 48% - 53%

• Non-Volatile (Residue): 47% - 52%

• Specific Gravity (77%): 1.19 – 1.29

• Application: No heat required; suitable for all patch mixes

• Coverage: Up to 27,500 sq ft

All items must be current production models featuring the latest design and technology, new and unused unless otherwise specified.

Contractor must provide documentation, including but not limited to the following: manufacturer’s warranty;

cautionary and informational warnings; recommended maintenance schedules and procedures; recommended spare parts lists; operating, technical, and maintenance manuals, including drawings, if applicable; product brochures; and safety data sheets (SDS).

All requested documentation must be submitted promptly upon County’s request at no additional cost.

Equivalent items may be considered if Contractor provides sufficient documentation demonstrating that the substituted items meet or exceed specifications, performance, and functionality of the referenced models. It is

Contractor’s responsibility to clearly demonstrate that the substituted item is equal in all material respects.

5. SUSTAINABILITY

In accordance with Board of Supervisors Resolution 2007-84, Pima County values and highly encourages contractors to utilize sustainable practices. Please CHECK any of the following that your business incorporates:

Waste prevention/reduction or material recycling/reuse.

Alternative energy/fuels (such as solar/wind energy; biodiesel; alternative fuels; hybrid vehicles) in your program’s preparation, transportation, and demonstration.

Environmentally preferable materials (such as recycled materials; locally produced/manufactured products).

Sustainable practices that lessen impact on non-renewable resources and global climate change (such as reduction in water/energy/paper use; minimization of hazardous materials; use of compressed/flexible work schedules).

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Offer Agreement Page 4 of 16

Other practices which coincide with County’s definition of sustainable practices (such as alternative modes of transportation; transportation minimization; life-cycle costs; product/packaging “take back” practices; preference to firms located with Pima County).

6. OFFER ACCEPTANCE & ORDER RELEASES

County will accept offers and execute this contract by issuing an SC (recurring requirements) to be effective on the document’s date of issue without further action by either party. The SC will include the term of the contract.

Pursuant to the executed SC, County departments requiring the goods or services described herein will issue a DO to the Contractor. County will furnish the DO to Contractor via facsimile, e-mail or telephone. If County gives the order verbally, the County Department issuing the order will transmit a confirming order document to Contractor within five (5) workdays of the date it gives the verbal order.

Contractor must not supply materials or services that are not specified on the SC and are not documented or authorized by a DO at the time of provision. County accepts no responsibility for control of or payment for materials or services not documented by a County DO.

Contractor will establish, monitor, and manage an effective contract administration process that assures compliance with all requirements of this contract. In particular, Contractor will not provide goods or services in excess of the executed contract items, item quantity, item amount, or contract amount without prior written authorization by contract amendment that County has properly executed and issued. Any items Contractor provides in excess of those stated in the contract are at Contractor’s own risk. Contractor will decline verbal requests to deliver items in excess of the contract and will report all such requests in writing to County’s Procurement Department within one (1) workday of the request.

The report must include the name of the requesting individual and the nature of the request.

7. ACCEPTANCE OF GOODS & SERVICES

The County Department designated on the issued order DO will accept goods and services only in accordance with this contract. Such acceptance is a prerequisite to the commencement of payment terms.

8. COMPENSATION & PAYMENT

The SC will establish the contractual unit pricing and Not-to-Exceed Amount (“NTE Amount”). The NTE Amount represents the funding appropriated by County for this contract, and neither the NTE Amount nor unit pricing can be altered without amendment. For this contract, the NTE Amount is shared between each Contractor awarded. The sum total of County payments to all Contractors cannot exceed the established NTE Amount, regardless of the independent total of each Contractor. Contractor will not accept orders, or provide services or products that cumulatively exceed the contract amount.

8.1. Unit Prices (Net 30-day Payment Terms)

Contractor’s unit prices for bulk mixes are per “English” ton and must include all incidentals and associated costs such as equipment, labor, fuel, tools and supplies required to comply with and satisfy all requirements of this solicitation, which includes the Instructions to Offerors, Standard Terms and Conditions, and Offer Agreement.

County will make no payment for items not in the contract and Contractor will not invoice them.

Quantities in this solicitation are estimates only. County may increase or decrease quantities and amounts.

County makes no guarantee regarding actual orders for items or quantities during the term of the contract. County is not responsible for Contractor inventory or order commitment.

For Group A and Group C items: Unless the parties otherwise agree in writing, all pricing will be F.O.B.

Destination & Freight Prepaid Not Billed ("F.O.B. Destination"). Contractor will deliver and unload products or services at the destination(s) that the delivery article of this contract or accepted Order indicates. The offered

Unit Price must include all freight costs.

For Group B items: All Delivery Rates per mile are round-trip from the Contractor’s dispatch location to the delivery site and back, and include all fuel and labor costs. County will ascertain actual mileage site-to-site using

Google Maps online. County will pay delivery on most direct route mileage unless Contractor detoured due to construction or emergencies. Payment for Standby Time is allowed if County required a driver to wait at the delivery site for more than 15 minutes before unloading.

Solicitation No. IFB-2600007762 Title: Asphaltic Concrete and Heatless Road Repair Tack

Offer Agreement Page 5 of 16

Although an order may not fully include State and City sales tax, County will pay such taxes as are DIRECTLY applicable to County and Contractor invoices such taxes as a separate line item. Contractor must not include such taxes in the item unit price.

8.2. Price Warranty and Trade-In Allowance

The tons of asphaltic concrete which are paid for on an invoice basis and for which an adjustment is applicable are the tons which have been delivered to the project and incorporated into the work. The adjustment will be applicable for each date of asphaltic concrete use. No further compensation, beyond the computed offer, will be made for any increased or additional charges, costs, expenses, taxes, etc., which the Contractor may have incurred subsequent to the bid opening date, and which may have resulted from an increase in the “initial” cost of bituminous material. Adjustment will not be made for wasted, rejected or unused asphaltic concrete.

Contractor will give County the benefit of any price reduction before actual time of shipment. Parties may negotiate a fair and equitable trade-in allowance value for County surplus property to be applied through either a discounted purchase price or account credit. The trade-in value must be stated on a written price quote prior to

County making a purchase, or on a credit memo invoice for a prior purchase. Trade-In property will be itemized on the quote or invoice by description, model/part number, quantity and guaranteed trade-in value. County will coordinate and document the delivery of surplus trade-in property to Contractor. Award of contract constitutes disposition authority to trade-in surplus property pursuant to Board of Supervisors’ Policy D.29.11, Surplus

Personal Property.

8.3. Price Escalation

For Group A and Group C items: All unit prices shall consider/provide for current economic and market conditions and include compensation for Contractor to implement and actively conduct cost and price control.

No additional compensation shall be paid to Contractor to reimburse efforts to implement and conduct cost and price controls. Prices shall remain fixed for the initial contract term, after which Contractor may submit no more than one (1) written Price Escalation Request (“PER”) per term. The PER must be submitted not later than 90 days prior to the contract renewal date and must clearly demonstrate justification for the increase in price, such as continued and significant changes in economic and/or market conditions justifying any requested price escalation. The PER must reference/cite any source materials used to form the basis of the proposed justification but must not include historical information prior to the initial contract term. County will research Bureau of Labor

Statistics (BLS) Producer Price Index (PPI) and/or other related indicators or sources and conduct an analysis to determine 1) if the submitted justification and evidence are sufficient, 2) the requested price escalation is fair and reasonable, and 3) if approving the PER is in the County’s best interest. County reserves the right to negotiate, accept or reject the PER, or terminate and re-solicit the contract.

For Group B items: pricing will remain firm until December 31, 2026, after which the unit prices may be adjusted up or down every three (3) months. The first adjustment shall occur on or about January 1, 2027. Unit Prices will be adjusted using the Arizona Department of Transportation (ADOT) Bituminous and Fuel Price Adjustment

Schedule at:

https://azdot.gov/business/contracts-and-specifications/bituminous-and-fuel-price-adjustment and will be calculated using the change in index times the percentage bituminous content to determine the adjustment for the following quarterly period.

The BASE INDEX value will be the current ADOT Index value published for the month of July 2026 (anticipated to be issued in late June) and will remain unchanged throughout the life of this contract.

In the event ADOT has not published a new index by the 10th business day of a scheduled adjustment month, unit prices will remain unchanged until the next scheduled adjustment date. Any prices adjusted within 10 business days after the published index are retroactive to the first day of the index month.

8.4. Living Wage

All pricing will conform to Pima County’s Living Wage Ordinance 2002-1 if applicable, including required annual adjustments of the wage.

https://azdot.gov/business/contracts-and-specifications/bituminous-and-fuel-price-adjustment

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8.5. Additional Items and/or Services

This following section is for items that Contractor did not list or price above but are within the scope of this contract. Contractor may provide these items under this contract. Contractor will submit Master Price List (MPL) documents, compact disc (CD) or USB flash drive and file names or identify website address, identifying all other items offered pursuant to this contract. The MPL or website address specifically designed for County must include the supplier’s/manufacturer’s or retail price list and the discount percentage off utilized to get to include

Discounted Unit Price being offered to County i.e. Manufacturer’s List Price – (List price x Discount %) =

Discounted Unit Price. The resulting Unit Prices must be of similar discount off List Prices for those items specifically included above. Item Unit Prices above will govern in case of conflict with the Master Price List.

List MPL Document by Title, MPL Media & Filenames or MPL Internet Address and Title(s)

Qty of Pages

Dated

Percentage Discount (Mfr. List Price – (List price x Discount %) = Discounted Unit Price

The parties may negotiate and establish unit pricing in writing under the contract for items included in the scope of the contract that does not have previously listed unit pricing.

8.6. Standard Payment Term

Net 30, effective from the date of valid invoice document and does not commence until the later of 1) the receiving

County Department receives goods or services into County’s payment system or 2) County Financial Operations receives and verifies Contractor’s invoice.

8.7. Optional Early Payment Discount Term

Pima County Administrative Procedure No. 22-35 Section 2.2.4 describes County’s practice regarding discounts for early payment. Contractor offers the following discounts to those prices to be used for all orders issued pursuant to this contract. County will utilize the existing payment code that best matches that offered and does not exceed the offered discount percentage. Payment days cannot be less than ten (10) calendar days.

Contractor will submit valid invoice document consistent with the associated DO to County’s Finance Department at least seven (7) calendar days prior to the date on which the discounted payment is due. If desired, for any order issued pursuant with this contract, Contractor may offer early payment discounts that exceed this Early

Payment Discount.

Optional Early Payment Discount: % if payment tendered within Days as indicated above.

8.8. Invoicing

Contractor will submit Request(s) for Payment or Invoices to the location and entity identified by County’s DO document.

All Invoice documents will reference County’s DO number under which the services or products were ordered.

Contractor must utilize the item description, precise unit price, AND unit of measure included in County’s order document for ALL Invoice line items. County may return invoices that include line items or unit prices that do not match those documented by County’s order to Contractor unprocessed for correction.

Contractor will provide detailed documentation in support of payment requests, which should be consistent with and not exceed County’s DO document. Contractor will bill County within one (1) month after the date on which

Contractor’s right to payment accrues (“Payment Accrual Date”), which, unless this contract specifically provides otherwise, is the date Contractor delivers goods, performs services or incurs costs. Invoices must assign each billed amount to an appropriate line item of County’s order and document each Payment Accrual Date. County may refuse to pay any amount that Contractor bills in which does not conform to County’s DO document. County will refuse to pay any amount that Contractor bills more than six (6) months after the Payment Accrual Date, pursuant to A.R.S. § 11-622(C).

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9. SUPPLIER RECORD MAINTENANCE

9.1. Pima County Supplier Record

Contractor must establish and maintain a complete Pima County Supplier record, which includes the provision of a properly completed and executed “Request for Taxpayer Identification Number and Certification” document

(Form W-9). The record must be registered with a valid and monitored email address for Contractor. In the event of any change that renders the information on that record inaccurate Contractor must update the record within ten (10) calendar days of the change and prior to the submission of any invoice or request for payment. Contractor must register through vendors@pima.gov.

9.2. BidNet Vendor Record

Contractor must establish and maintain an active BidNet Vendor record, The record must be registered with a valid and monitored email address for Contractor. Use of BidNet by Contractor may be governed by terms and conditions as determined by BidNet, and County is not a party to any agreement formed by Contractor’s use of the BidNet platform.

10. DELIVERY

“On-Time” delivery is an essential part of the consideration that Contractor is to provide to County under the contract.

Contractor will make delivery in accordance with the Standard Terms and Conditions and to the location(s) on the DO document.

Contractor shall notify the requestor within eight (8) hours after issue date of order of product availability for the required

County delivery date. If County is transporting product material, County shall email Contractor with a PO number and estimated pickup date and time.

11. TAXES, FEES, EXPENSES

Pursuant to IRS Publication 510, County is exempt from federal excise taxes for goods. County is subject to State and

City sales tax. County will pay no separate charges for delivery, drayage, express, parcel post, packing, insurance, license fees, permits, costs of bonds, surcharges, or bid preparation unless the contract expressly includes such charges and the solicitation documents itemize them.

12. OTHER DOCUMENTS

Contractor and County are entering into this contract have relied upon information provided or referenced by Pima

County Solicitation No. IFB-2600007762 including the IFB, Offer Agreement, Standard Terms and Conditions, Solicitation Amendments, Contractor’s Bid Offer, documents submitted by Contractor or References to satisfy Minimum

Qualifications and any other information and documents that Contractor has submitted in its response to County’s

Solicitation. The Contract incorporates these documents as though set forth in full herein, to the extent not inconsistent with the provisions of this contract.

13. INSURANCE

The Insurance Requirements herein are minimum requirements for this contract and in no way limit the indemnity covenants contained in this contract. Contractor’s insurance shall be placed with companies licensed in the State of

Arizona and the insureds shall have an “A.M. Best” rating of not less than A- VII, unless otherwise approved by County.

County in no way warrants that the minimum insurer rating is sufficient to protect Contractor from potential insurer insolvency.

13.1. Minimum Scope and Limits of Insurance

Contractor will procure and maintain at its own expense, until all contractual obligations have been discharged, the insurance coverage with limits of liability not less than stated below. County in no way warrants that the minimum insurance limits contained herein are sufficient to protect Contractor from liabilities that arise out of the performance of the work under this contract. If necessary, Contractor may obtain commercial umbrella or excess insurance to satisfy County’s Insurance Requirements.

13.1.1. Commercial General Liability (CGL)

Occurrence Form with limits of $2,000,000 Each Occurrence and $2,000,000 General Aggregate. Policy shall include cover for liability arising from premises, operations, independent contractors, personal injury, bodily injury, property damage, broad form contractual liability coverage, personal and advertising injury and products – completed operations.

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13.1.2. Business Automobile Liability

Bodily Injury and Property Damage for any owned, leased, hired, and/or non-owned automobiles assigned to or used in the performance of this contract with a Combined Single Limit (CSL) of $1,000,000

Each Accident.

13.1.3. Workers’ Compensation (WC) and Employers’ Liability

Statutory requirements and benefits for Workers’ Compensation. In Arizona, WC coverage is compulsory for employers of one or more employees. Employers' Liability coverage with limits of $1,000,000 each accident and $1,000,000 each person - disease.

Sole Proprietor: The Workers’ Compensation requirement shall not apply to a Contractor that is exempt under A.R.S. § 23-901, and when such Contractor executes the appropriate “Pima County Sole Proprietor/Independent Contractor Waiver Form”.

13.2. Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this contract, the following provisions:

13.2.1. Claims-Made Insurance Coverage

If any part of the Required Insurance is written on a claims-made basis, any policy retroactive date must precede the effective date of this contract, and Contractor must maintain such coverage for a period of not less than three (3) years following contract expiration, termination or cancellation.

13.2.2. Additional Insured Endorsement

The General Liability, and Business Automobile policies must each be endorsed to include Pima County and all its related special districts, elected officials, officers, agents, employees and volunteers

(collectively “County and its Agents”) as additional insureds with respect to vicarious liability arising out of the activities performed by or on behalf of the Contractor. The full policy limits and scope of protection must apply to County and its Agents as an additional insured, even if they exceed the Insurance

Requirements.

13.2.3. Subrogation Endorsement

The General Liability, Business Automobile Liability, Workers’ Compensation policies shall each contain a waiver of subrogation endorsement in favor of County, and its departments, districts, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

13.2.4. Primary Insurance Endorsement

Contractor's policies shall stipulate that the insurance afforded Contractor shall be primary and that any insurance carried by County, its agents, officials, or employees shall be excess and not contributory insurance. The Required Insurance policies may not obligate County to pay any portion of Contractor’s deductible or Self Insurance Retention (SIR).

Insurance provided by Contractor shall not limit Contractor’s liability assumed under the indemnification provisions of this Contract.

13.2.5. Subcontractors

Contractor must either (a) include all subcontractors as additional insureds under its Required Insurance policies, or (b) require each subcontractor to separately meet all Insurance Requirements and verify that each subcontractor has done so, Contractor must furnish, if requested by County, appropriate insurance certificates for each subcontractor. Contractor must obtain County’s approval of any subcontractor request to modify the Insurance Requirements as to that subcontractor.

13.3. Notice of Cancellation

Each Required Insurance policy must provide, and certificates specify, that County will receive not less than thirty

(30) days advance written notice of any policy cancellation, except 10-days prior notice is sufficient when the cancellation is for non-payment of a premium. Notice must be mailed, emailed, hand-delivered or sent via facsimile transmission to County’s Contracting Representative, and must include the project or contract number and project description.

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13.4. Verification of Coverage

Contractor shall furnish County with certificates of insurance (valid ACORD form or equivalent approved by

County) as required by this contract. An authorized representative of the insurer shall sign the certificates.