RDS_Only_Aggregate_-ITB_20-106_Aggregate_Road_Bid.docx

PIERCE COUNTY INVITATION TO BID NUMBER 20-106

ROAD-SPECIFIC AGGREGATE MATERIALS, LANDSCAPE BARK, AND TOPSOIL

RETURN BIDS VIA E-MAIL TO:

PCPURCHASING@PIERCECOUNTYWA.GOV

BID DUE DATE/TIME: DECEMBER 21, 2020 @ 1:00 PM PST

Via E-Mail: pcpurchasing@piercecountywa.gov

Pierce County Procurement and Contract Services Attention: Andrew Robson, Senior Buyer pcpurchasing@piercecountywa.gov 253-798-7456

TABLE OF CONTENTS

BID DOCUMENTS:

Invitation to Bid 3 Pages Bid Form 4 Pages Material and Technical Specifications 9 Pages General Provisions of the Contract 9 Pages Contract Compliance for Professional, Technical, Supply or Services 3 Pages

PURPOSE: It is the intent of this bid to establish sources of supply of crushed manufactured or naturally occurring aggregates, landscape bark, and topsoil meeting the attached Material Specifications and Technical Specifications for Pierce County. This bid is requesting unit pricing for materials that will be for pick up only. Pierce County plans to award multiple contracts to multiple suppliers. The contract term is five (5) years.

AWARD and USE of Contract:

Per RCW 36.32.256 Multiple Suppliers may be awarded multiple bid items.

Aggregate materials will be purchased based on the overall cost to complete the haul by the County in their own trucks or in a County paid rental trucking company on contract with the County. This additional cost will be computed by including the cost of travel distance from the Supplier’s location to the job site or County owned maintenance facility using a rate of $4.50 per mile.

This cost calculation will then be used to compute the overall low bid, on a case by case basis, per job. The computation will be made by the County prior to issuing a purchase notification.

Sample Computation:

The actual individual orders will be placed with the successful Supplier having the lowest adjusted bid price based on the total of quoted unit bid price plus $4.50 per mile hauling cost.

Example Computation:

Supplier 1: Unit Bid Price for Bid Item #1 = $5.00/ton x 10 tons = $50.00 Distance from Project Site = 17 miles x $4.50 = $76.50 Total Cost $126.50 Supplier 2: Unit Bid Price for Bid Item #1 = $5.50/ton x 10 tons = $55.00 Distance from Project Site = 4 miles x $4.50 = $18.00 Total Cost $73.00

Supplier 2 is the low bid for this purchase order example.

A list will be established of all eligible Bidders based upon the products and the rates provided. The most responsive Bidder with available product, meeting the requirements of the job and with the lowest rate shall be used first. If it is deemed to be in the County’s best interest, the County shall take travel time costs to vendor’s facilities into consideration. Travel time costs include but are not limited to: location of jobsite; average hauling time per trip (normal traffic conditions in route to supplier’s locations); and other related hauling factors. The initial award of contracts will be based upon anticipated work. The County shall award other contracts on an as needed basis.

To be awarded, pick up location must be within Pierce County limits. Delivery material will not have any limitation.

BID QUESTIONS:

All questions must be submitted within the Pierce County ProcureWare software, under the Clarifications Tab not later than seven days prior to bid opening. Bidders must be registered in the ProcureWare software in order to submit questions. Instructions for Pierce County ProcureWare registration.

PLANHOLDER’S LIST:

BIDDERS WHO REGISTER AND DOWNLOAD BID DOCUMENTS will be automatically added to the bidder’s list in the ProcureWare Bidding Software. Notifications for bid updates, addendum and other bid information will be sent to all bidders who register with Pierce County ProcureWare and are a ‘Bidder’ under this bid number. Instructions to register as a bidder are available here.

The following forms must be returned with the bid/proposal:

· Bid Form (7 Pages) including bid worksheet, bid signature page and Certification of Non-Segregated Facilities and Non-Collusion & Debarment Affidavit

The following must be returned by the successful bidder no later than 10 days after bid award:

· Signed Letter Accepting Award*

· Subcontractor's Participation Form (Page 2 of Contract Compliance) *

· Personnel Workforce Data Form (Page 3 of Contract Compliance) * *These will be executed on County forms and will be enclosed with award documents.

ESTIMATED QUANTITIES: The quantities shown in the Bid Proposals are an estimate only and are provided as the basis for comparison of bids. Pierce County does not guarantee that the actual quantities purchased will match the Bid Proposal quantities, and it reserves the right to increase or decrease the quantities or even eliminate bid items during the course of this contract. Pierce County may elect to order one or a combination of bid items.

The basis of payment to the successful Supplier will be the actual unit bid price times the quantity received. Bidders are encouraged to bid on all bid items listed in the Bid Proposal but are not required to bid on all items to qualify for consideration in the award of this bid.

Successful bidder must issue tickets for each load that shows Gross, Net, and Tare weights. The designated County pickup person must sign the tickets and copies of the signed tickets must be provided by the successful bidder.

BID ITEM MEASUREMENT:

Bid Proposal Items 1 – 30, Column D; Unit Price for Pierce County Pick-up: The unit bid price per Ton or Cubic Yard shall be full payment for all labor, equipment, materials and supplies necessary to produce and load the material into the County's owned trucks or in a County paid rental trucking company on contract with the County and no further compensation will be allowed.

No other charges such as surcharges, fuel charges, environmental charges, insurance charges, etc. will be allowed. Price decreases must be passed onto Pierce County immediately. Price decrease information must be provided to Pierce County with the invoice or sooner. Pierce County is entitled to any promotional pricing during the contract period which is lower than pricing provided in the bid. Price increase are subject to the General Provision included in this bid.

Material shall be readily available for owner pick-up Monday – Friday 7am – 4pm. If the requested material is not readily available, Pierce County reserves the right to obtain the material from the next lowest bidder.

Bid Form Washington State Sales tax will be added to the amounts below. The tax rate applicable will be based on the vendor location of pick up.

Bid Item

U/M

Description

Unit Price for Pickup

Estimated Quantity

Estimated Quantity Extended Total for Material Pickup (Contract Award)

Course (CSBC)

Course (CSTC)

Bedding

Sub-Total Items 1-30:

Grand Total:

FIRM NAME:

Bid Form (continued)

Supplier’s Registered Name:

The address for Supplier’s site to pick-up bid items is:

Will you supply additional items you carry that are not specifically covered by this bid at equivalent discounts used for this bid? ☐ YES ☐ NO

Will you supply other public agencies with these bid items under identical bid specifications? ☐ YES ☐ NO

In the case of a mathematical error, unit price will take precedence. Pierce County reserves the right to reject any and all bids, to waive any informality in bids and to accept any item in the bid.

This bid is subject to the attached General Provisions.

· Bid security is not required for this project. Delete paragraph 1.4 of the attached General Provisions.

· This contract shall be renewable. Please see renewal terms in paragraph 2.2 of the attached General Provisions.

· Pierce County reserves the right to reject any and all bids, to waive any informality in bids and to accept any item in the bid.

· Pierce County is required to pay State sales tax (or use tax if vendor does not collect sales tax) but is exempt from Federal excise tax.

As applicable, Pierce County Bids and RFP’s shall be available for use by all Pierce County Departments.

All documents, reports, proposals, submittals, working papers, or other materials prepared by the contractor pursuant to this proposal shall be printed on recycled paper whenever practicable.

ADDENDUM RECEIPT: Receipt of addenda numbered is acknowledged.

VENDOR INFORMATION & SIGNATURE:

Signature Date

Printed Name and Title

FIRM NAME:

Address:

Phone Number: Email Address:

UBI No: Federal Tax ID#

Complete the tax status information for one of the following business entity types. Individual or Corporate name must match exactly as registered with either Social Security Administration or Internal Revenue Service.

Identification of Vendor as a sole proprietor, a partnership, a joint venture, a corporation or another described form of legal entity:

PLEASE NOTE: Proposals shall be signed by the person or persons having authority to sign them. If a bidder is a corporation the proposal shall be signed on behalf of the corporation by such an authorized person.

All questions and blanks in this bid must be completed in full for valid bid response.

REST OF PAGE 6 IS PURPOSELY LEFT BLANK

FIRM NAME:

CERTIFICATION OF NONSEGREGATED FACILITIES

The contractor certifies that no segregated facilities are maintained and will not be maintained during the execution of this contract at any of contractor's establishments.

The contractor further certifies that none of the contractor's employees are permitted to perform their services at any location under the contractor's control during the life of this contract where segregated facilities are maintained.

The contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained.

The contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise.

The contractor agrees that identical certifications from proposed contractors will be obtained prior to the award of any subcontracts. Contractor will retain a copy of any subcontractor's certification and will send original to Contract Compliance Division.

NON-COLLUSION & DEBARMENT AFFIDAVIT

I, the undersigned, having carefully examined the Invitation to Bid, propose to furnish materials, equipment, supplies and/or services as set forth herein.

Being first duly sworn, on my oath, I hereby certify that this proposal is genuine and not a sham or collusive proposal, or made in the interests or on behalf of any person not therein named; and I have not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham proposal or any person or corporation to refrain from submitting a proposal; and that I have not in any manner sought by collusion to secure to myself an advantage over any other contractor(s) or person(s).

I further certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; does not have a proposed debarment pending; and has not been indicted, convicted or had a civil judgement rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the last three years. Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted, indicate above to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions.

"A suspending or debarring official may grant an exception permitting a debarred, suspended, or excluded person to participate in a particular transaction upon a written determination by such official stating the reason(s) for deviating from the Presidential policy established by Executive Order 12549..." (49CFR Part 29 Section 29.215).

Firm Name:

Signature:

Printed Name and Title:

MATERIAL AND TECHNICAL SPECIFICATIONS

MATERIAL SAMPLING AND TESTING:

Pierce County may pull samples and test material from the successful Supplier at the site of manufacturing to determine compliance with any of the Technical Specifications. This sampling may occur randomly during the course of the contract. Pierce County will provide 24-hour advance notice to each Supplier to arrange for pulling material samples.

If material samples do not meet the Technical Specifications, Pierce County will alert the Supplier and move to the next lowest acceptable bidder until the original low bid Supplier notifies the County that their material is now meeting the Technical Specifications. At that time, the County will arrange to take another sample and confirm that the material is now meeting the Technical Specifications.

INVOICE BILLING:

All invoices for bid items shall be invoiced by material type and bid items as shown in the Bid Proposal. Each invoice shall show the quantity purchased by unit of measurement and the appropriate unit bid prices.

Invoicing will be sent to PCRoadsAP@piercecountywa.gov.

Items by the Ton (Bid Items 1-28) Material that is measured by the ton shall be based on a certified scale and weight tickets provided by the supplier at the time of pickup. The County reserves the right to verify by an independent scale the weight of any haul.

Items by the Cubic Yard (Bid Items 29 and 30) Material measured by the cubic yard shall be based on the size of the loading vehicle’s scoop at the supplier’s site and tickets by the cubic yards provided at the time of loading. The County reserves the right to verify the dimensions of the loading vehicle to confirm the accuracy of the quantity that is being purchased.

Items by the Ton or Cubic Yard for Pick Up The unit bid price per Ton or Cubic Yard shall be full payment for all labor, equipment, materials and supplies necessary to produce and load the material into the County's owned trucks or in a County paid rental trucking company on contract with the County and no further compensation will be allowed.

MATERIAL SPECIFICATIONS

Crushed Screenings:

Crushed screenings shall meet all the applicable requirements of Section 9-03 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 except as modified below.

The portion of aggregate for bituminous surface treatment retained on a U.S. No. 4 sieve shall not contain more than

0.1 percent deleterious materials by weight.

1/2" - U.S. No. 4 Crushed Screenings:

REST OF PAGE 9 IS PURPOSELY LEFT BLANK

TECHNICAL SPECIFICATIONS

These Technical Specifications are based on the Standard Specifications for Road, Bridge, and Municipal Construction 2020, unless stated otherwise. Revisions or modifications may have been made to the associated Standard Specification and is explained in detail below or a new Pierce County (P.C.) Specification may be have been created and labeled as such with the appropriate technical information provided.

9-03.4 Aggregate for Bituminous Surface Treatment (Chip Seals) Crushed screenings shall meet all the applicable requirements of Section 9-03.4 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 except as modified below. Note: All percentages are by weight.

In addition, the fractured rock shall be cubical aggregate shapes and be required to pass the percent flakiness index by weight using the FLH T508 test method (WSDOT).

In addition, the fractured rock shall be cubical aggregate shapes and be required to pass the percent flakiness index by weight using the FLH T508 test method (WSDOT).

In addition, the fractured rock shall be cubical aggregate shapes and be required to pass the percent flakiness index by weight using the FLH T508 test method (WSDOT).

P.C. Specification Road Ice Sanding Material This is a new Pierce County Specification and does not modify any WSDOT Standard Specification. Aggregate material shall be sand and crushed aggregate and crushed fines by gradation specified and shall be clean, hard, sound material either naturally occurring or crushed. Note: All percentages are by weight.

#5) Sand P.C. Road Operations Specification.

9-03.9 Aggregates for Ballast and Crushed Surfacing Aggregate for Ballast and Crushed Surfacing shall meet all requirements of Section 9-03.9 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 and gradation is listed for convenience. All other Specifications in 9-03.9(3) also apply.

P.C. Specification 1-1/4” Shoulder Ledge Rock This is a new Pierce County Specification and does not modify any WSDOT Standard Specification. Crushed surfacing shoulder rock shall be manufactured 100% from ledge rock. Crushed surfacing shoulder rock shall be crushed aggregate and crushed fines by gradation specified and shall be clean, hard, sound material that has been 100% fractured by crushing. The material shall be uniform in quality and free from wood, roots, bark, and other extraneous material. Note: All percentages are by weight.

#11) ¾” Shoulder Ledge Rock P.C. Road Operations Specifications:

9-03.10 Aggregate for Gravel Base Aggregate for Gravel Base shall meet all the applicable requirements of Section 9-03.10 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 and gradation is listed for convenience. All other Specifications in 9-03.10 also apply.

9-03.12 Gravel Backfill Gravel backfill shall meet all requirements of Section 9-03.12 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 and gradation is listed for convenience. All other Specifications in 9-03.12 also apply.

Material shall be non-fractured washed drain rock, free from wood, bark, or other extraneous material.

P.C. Specification Pea Gravel

This is a new Pierce County Specification and does not modify any WSDOT Standard Specification. Aggregate material shall be washed rock and meet the gradation specified. Note: All percentages are by weight.

#17) Pea Gravel P.C. Road Operations Specification.

This is a new Pierce County Specification and does not modify any WSDOT Standard Specification.

Material shall be non-fractured washed drain rock, free from wood, bark, or other extraneous material.

9-03.13 Backfill for Sand Drains Sand Medium shall meet all the applicable requirements of Section 9-03.13 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 except as modified below. Note: All percentages are by weight.

#18) Backfill for Sand Drains P.C. Road Operations Specification per Stormwater Management and Site Development Manual for this material replace WSDOT Standard Specification 9-03.13 with the following:

Backfill for sand drains shall conform to the following grading:

Aggregate for the sand medium shall consist of granular material, free from wood, bark or other extraneous material. (Note WSDOT Standard Specification 9-03.13 does not meet this P.C. Road Operations Specification.)

9-03.14 Borrow Gravel backfill shall meet all requirements of Section 9-03.14 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 and gradation is listed for convenience. All other Specifications in 9-03.14 also apply.

9-13 Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour Protection and Rock Walls

Riprap, Quarry Spalls, Slope Protection, and Rock for Erosion and Scour Protection and Rock Walls shall meet all requirements of Section 9-13 of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020 and gradation is listed for convenience. All other Specifications in 9-03.14 also apply.

Rock for rock walls and chinking material shall be hard, sound and durable material, free from seams, cracks, and other defects tending to destroy its resistance to weather, and shall meet the following test requirements:

Rock for rock wall sizes are approximately as follows:

Chinking material shall be a minimum of 4 inches average dimension.

#25 Four Man Rock P.C. Road Operations no modification to 9-13.7(1).

#26 Five Man Rock P.C. Road Operations no modification to 9-13.7(1).

#27 Six Man Rock P.C. Road Operations no modification to 9-13.7(1).

#28 Seven Man Rock Section 9-13.7(1) is supplemented with the following:

Seven Man rock shall be hard, sound, and durable material, free from seams, cracks, and other defects tending to destroy its resistance to weather, and shall meet the following test and size requirements:

Assuming density = 165 pounds per cubic foot

P.C. Specification Topsoil This is a new Pierce County Specification and does not modify any WSDOT Standard Specification.

Topsoil shall be native topsoil and consist of sandy loom with an organic matter content of 10 to 20% naturally or 10 to 15% maximum added compost mixture with no more than 20% clay. All organic matter or rocks larger than 1” diameter shall be screened from the topsoil. The topsoil shall be suitable for grass seeded lawn growth.

#29) Topsoil Lawn Mix P.C. Road Operations Specification.

9-14.4(3) Medium Landscape Bark Medium Landscape Bark shall meet all requirements of Section 9-14.4(3) of the Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge, and Municipal Construction 2020, except the name has been changed. The Standard Specification is listed for convenience.

Landscape bark shall be derived from Douglas fir, pine or hemlock species. It shall not contain resin, tannin, or other compounds in quantities that would be detrimental to plant life. Sawdust shall not be used as bark.

GENERAL PROVISIONS

1. BIDDING REQUIREMENTS

1.1 USE AND COMPLETION OF COUNTY PROPOSAL SHEETS

A. Bidder's Proposal Each Bidder must bid exactly as specified on the Invitation to Bid (hereinafter referred to as bid) sheets. All bids must remain open for acceptance by the County for a period of at least 60 calendar days from the date of opening of the bids.

B. Alterations of Proposals Not Allowed Proposals that are incomplete or conditioned in any way, contain alternatives or items not called for in the General Provisions and Specifications, or not in conformity with law may be rejected as being nonresponsive. The County cannot legally accept any proposal containing a substantial deviation from these Specifications.

C. Filling Out County Bid Forms All proposals must be made upon blanks furnished by the Purchasing Department of Pierce County and the prices must be stated in figures either written in ink or typewritten. No proposal having erasures or interlineations will be accepted unless initialed by the Bidder in ink.

1.2 CLARIFICATION OF PROPOSAL FOR BIDDER

If a prospective Bidder has any questions concerning any part of the Bid/Proposal, he/she may submit a written request to the Pierce County Purchasing Office for answer of his/her questions. Any interpretation of the Bid will be made by an Addendum duly issued and mailed or delivered to each prospective Bidder. Such addendum must be acknowledged (a) by signing and returning the addendum or (b) by letter. Such acknowledgement must be received by the County prior to the bid opening. Pierce County will not be responsible for any other explanation or interpretation of the bid documents.

1.3 BLANK

1.4 BID SECURITY (When specifically required by the Invitation to Bid)

Each bid must be accompanied either by a certified or cashier's check for 5% of the total amount bid, payable to the Pierce County Treasurer, or an approved Bid Bond, by a surety company authorized to do business in the State of Washington, for 5% of the total amount bid. The check or Bid Bond is security that the bidder will, if awarded the bid, enter into a contract with the County for this activity within the time set forth in these requirements. Any bidder who refuses to enter into a Contract after it has been awarded to the Bidder will be in breach of the agreement to enter the Contract and the Bidder's certified or cashier’s check or Bid Bond shall be forfeited.

If a Bid Bond is used, the 5% may be shown either in dollars and cents, or the Bid Bond may be filled in as follows, "5% of the total amount of the accompanying proposal".

Upon award and signing of the Contract the bid security will be returned if a check or will automatically expire if a Bid Bond. The bid securities of all other bidders will be processed in the same manner immediately upon the award of the Contract.

1.5 DELIVERY OF PROPOSALS TO PIERCE COUNTY

All bid proposals and documents must be delivered via e-mail to pcpurchasing@piercecountywa.gov. Bids received after the time stated in the invitation to bid will not be accepted. There will be no exceptions or waivers of this requirement.

1.6 CONTRACTOR'S STATE REGISTRATION NO. (NOT APPLICABLE TO SUPPLY ONLY CONTRACTS) Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration number must be listed on the bid.

1.7 BID IS NONCOLLUSIVE

The Bidder represents by the submission of the Proposal that the prices in this Bid are neither directly nor indirectly the result of any formal or informal agreement with another bidder.

1.8 EVALUATION OF BID

A. Experience, Delivery Time and Responsibility In the evaluation of otherwise responsive bids, the Bidder's experience, delivery time and responsibility in performing other contracts will be considered. In addition to price, the following may be considered:

I. The ability, capacity and skill of the bidder to perform the contract, provide the services required.

II. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference.

III. The character, integrity, reputation, judgment, experience and efficiency of the bidder.

IV. The quality of performance of previous contracts or service.

V. The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services.

VI. The sufficiency of the financial resources and ability of the bidder to perform the contact or provide the service.

VII. The quality, availability and adaptability of the supplies or contractual services to the particular use required.

VIII. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract.

IX. Compliance with all affirmative action requirements, minority business enterprise and women's business enterprise subcontracting and contracting requirements.

B. Insertions of Material Conflicting with Specifications Only material inserted by the Bidder to meet requirements of the Specifications will be considered. Any other material inserted by the Bidder will be disregarded as being nonresponsive and may be grounds for rejection of the Bidder's Bid/Proposal.

C. Correction of Ambiguities and Obvious Errors The County reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non-material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern.

1.9 WITHDRAWAL OF BID

A. Prior to Bid Opening Any Bidder may withdraw his/her Bid prior to the scheduled bid opening time by delivering a written notice to the Chief Clerk, Pierce County Council Office. The notice may be submitted in person or by mail; however, it must be received by the County Council Office prior to the time for bid opening.

B. After Bid Opening No bidder will be permitted to withdraw his/her Bid/Proposal after the time of bid opening, as set forth in the Invitation To Bid, and before the actual award of the Contract, unless the award of Contract is delayed more than sixty (60) calendar days after the date set for bid opening. If a delay of more than 60 calendar days does occur, then the Bidder must submit written notice withdrawing his/her Bid to the Pierce County Purchasing Agent.

1.10 OPENING OF BIDS

At the time and place set for the opening of bids, all Proposals, unless previously withdrawn, will be publicly opened and read aloud, irrespective of any irregularities or informalities in such Proposal.

1.11 TAXES

The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Vendor must pay all other taxes including, but not limited to: Business and Occupation Tax, taxes based on the Vendor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Where applicable the County shall furnish a Federal Excise Tax Exemption certificate.

1.12 APPROVED EQUAL

The brand names listed indicate the standard of quality required. Brands of equal quality, performance and use will be considered provided the offeror specifies the brand, model and other data for comparison with their bid. Pierce County will be the sole judge for approving other brands offered as equals to the brand specified. Bidders shall indicate if they are offering alternate brands in the space below each item and must provide descriptive specifications explaining the merits of the substitute item.

1.13 FAILURE TO SUBMIT BIDS

If the recipient of this Bid does not submit an offer for the goods or services requested, they shall return it and/or a written notice stating whether they wish to continue to receive future solicitations for the type of supplies or services specified. Failure to do so may result in removal of the recipient's name from the bidders' mailing list.

1.14 APPROXIMATE QUANTITY REQUIREMENTS

The quantities listed are the County's current approximate requirements. Pierce County will neither be obligated by nor restricted to these quantities and may increase or decrease any item(s) ordered under this contract and pay according to the unit prices quoted in the Bid.

1.15 COOPERATIVE PURCHASING

The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods and services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties are willing. The Contract maximum for this contract per annual term, or for any renewal period, is for Pierce County’s use only. Other agencies may use this contract up to their contract limits, if any, exclusive of and in addition to the County’s contract maximum.

1.16 AWARD

The County reserves the right to award a contract for any or all items to one or more Bidders, to reject any and all Bids or any item(s) within the Bids, to waive any informality in the Bids, and to call for new Bids as best meets the needs of the County.

2. CONTRACT REQUIREMENTS

2.1 AWARD OF CONTRACT

Written notification will be mailed or otherwise furnished to the successful bidders (lowest responsive bidders).

Within 20 calendar days after the notice of proposed award, the apparent successful bidder shall return the signed contract or other specified award documents prepared by the County, insurance certification as required and any other pre-award information the County requires.

Until the County executes said contract or award/acceptance documents, no proposal shall bind the County to execute a contract, nor obligate it to bear any expense pursuant to the Invitation for Bids. Neither shall any work begin within the project limits or within the County furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency, and the Contractor is given written Notice to Proceed.

Pierce County is prohibited by RCW 39.06.010 from executing a contract with a Contractor who is not registered or licensed as required by the laws of the state. In addition, Pierce County may require persons doing business with the County to possess a business license prior to award.

When the Proposal Form provides spaces for a business license number, a Washington State Contractor's registration number, or both, the bidder shall insert such information in the spaces provided. The County may at its option, require legible copies of the Contractor's Registration and/or business license be submitted to the Architect/Engineer as part of the County's pre-award information and evaluation activities.

2.2 CONTRACT RENEWAL PERIODS (When specifically allowed by the Invitation to Bid)

This proposed agreement shall remain in effect for a period of one year from and after its effective date and shall automatically be renewed on a year-to-year basis thereafter unless either party hereto serves notice upon the other party of its intention to cancel at least 30 days in advance of the termination of the first year, or during any yearly renewal thereof. Notice during each renewal term may occur at any time during the course of such term. Prices will be considered firm for at least the first 12 months of the contract. No change in services or prices will be allowed without written consent of both parties, pursuant to the following conditions:

"Prices will be subject to increase or decrease in the same proportion as changes occur in the vendor's certified costs, providing the vendor requests an adjustment from the Purchasing Department 30 days prior to the effective date. The written request shall be accompanied by written proof of said changes in cost to vendor and is subject to acceptance by the Purchasing Department. The County shall have the option of accepting the price change or canceling the balance of the contract. All price decreases must be offered to the County."

Total contract period not to exceed 5 years.

2.3 CONFLICTS IN SPECIFICATIONS

Anything mentioned in the Specifications and not shown on the Drawings and anything on the Drawings and not mentioned in the Specifications shall be of like effect and shall be understood to be shown and/or mentioned in both. In case of differences between Drawings and Specifications, the Specifications shall govern. In addition, in the event of any conflict between these General Provisions, the Technical Provisions and/or the Proposal pages, the following order of precedence shall control:

a) Preprinted portions of the Proposal pages prevail if they conflict with the General or Technical Provisions.

b) Technical Provisions prevail if they are in conflict with the General Provisions.

c) Unit prices will prevail when an error in extending total amounts occurs. In case of discrepancy of figures between Drawings, Specifications or both, the matter shall immediately be submitted to the Pierce County Purchasing Agent for determination. Failure to submit the discrepancy issue to the Purchasing Agent shall result in the Vendor's actions being at his/her own risk and expense.

2.4 INSPECTION

A. Of the Work All materials furnished and work done shall be subject to inspection.

The Inspector administering the Contract shall at all times have access to the work wherever it is in progress or being performed, and the Vendor shall provide proper facilities for such access and inspection. Such inspection shall not relieve the Vendor of the responsibility of performing the work correctly, utilizing the best labor and materials in strict accordance with the Specifications of the Contract. All material or work approved and later found to be defective shall be replaced without cost to Pierce County.

B. Inspector's Authority The Inspector shall have power to reject materials or workmanship which do not fulfill the requirements of these Specifications, but in case of dispute the Vendor may appeal to the Pierce County Purchasing Agent, whose decision shall be final.

The Contract shall be carried out under the general control of the representative of the particular Department administering the Contract, who may exercise such control over the conduct of the work as may be necessary, in his or her opinion, to safeguard the interest of Pierce County. The Vendor shall comply with any and all orders and instructions given by the representative of the particular Department administering the Contract in accordance with the terms of the Contract.

Nothing herein contained, however, shall be taken to relieve the Vendor of his/her obligations or responsibilities under the Contract.

2.5 FEDERAL, STATE AND MUNICIPAL REGULATIONS

This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington.

2.6 GUARANTEE

The supplier and/or manufacturer of the supplies, material and/or equipment furnished pursuant to this Contract agrees to correct any defect or failure of the supplies, materials and/or equipment which occurs within one year from the date of: (1) test energization if electrical or mechanical equipment; (2) commencement of use if supplies or materials, provided, however, said guarantee period shall not extend beyond eighteen months after date of receipt by the County. All of the costs (including shipping, dismantling and reinstallation) of repairs and/or corrections of defective or failed equipment, supplies and/or material is the responsibility of the supplier and/or manufacturer.

When the supplier is not the manufacturer of the item or equipment, supplier agrees to be responsible for this guarantee and supplier is not relieved by a manufacturer's guarantee. The supplier hereby assigns to the County the contractor’s right to enforce all manufacturer’s warranties for materials or systems incorporated into the work, to the extent defects which are not corrected by the supplier under their guarantee. The supplier shall provide evidence of all manufacturers’ warranties prior to acceptance.

The Contract guarantee period shall be suspended from the time a significant defect is first documented by the County until the work or equipment is repaired or replaced by Vendor and accepted by the County. In addition, in the event less than ninety (90) days remain on the guarantee period (after deducting the period of suspension), the guarantee period shall be extended to allow for at least ninety (90) days from the date the work or equipment is repaired or replaced and accepted by the County.

2.7 PIERCE COUNTY'S RIGHT TO TERMINATE CONTRACT

A. Termination for Default If the Vendor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Vendor in the U.S. mail, postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. If the contract is terminated for default, the Vendor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Vendor. The Vendor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default.

If a notice of termination for default has been issued and it is later determined for any reason that the Vendor was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof.

B. Termination for Public Convenience The County may terminate the contract in whole or in part whenever the County determines, in its sole discretion, that such termination is in the best interests of the County. Whenever the contract is terminated in accordance with this paragraph, the Vendor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this contract by the County at any time during the term, whether for default or convenience, shall not constitute a breach of contract by the County.

2.8 VENUE AND CHOICE OF LAW

In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the County of Pierce. This Agreement shall be governed by the law of the State of Washington.

2.9 PAYMENT

Payment discount periods of twenty (20) calendar days or more offered by the Contractor will be considered in determining the apparent lowest responsible bid. Invoices will not be processed for payment, nor will the period of cash discount commence, until receipt of a properly completed invoice, all invoice items are received, and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Payment will not be considered late if the payment is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Contractor for all risk, loss, damages, or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor.

2.10 WITHHOLDING PAYMENT

In the event the Contracting Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Contracting Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 8 days after it determines to withhold amounts otherwise due.