Specific_Terms_and_Conditions_-_ADVA_Weed___Fertilizer.docx

Specific Terms and Conditions Award:

Award will be made “all or none” to the lowest responsible bidder meeting all specifications.

Bid Submission Instructions Beginning on the Alabamabuys supplier portal page, select the desired sourcing project. Once project is opened make sure the left panel is expanded. If not, click on small double arrows to expand. Be sure to review each tab for necessary information, documentation and enter bid amounts on item grid as needed. After you have checked and completed each tab, you can validate and submit your bid.

***Please Note:

· Bidders should enter a per service amount in the unit price section for each line.

· Bidders may enter “NA” in the Supplier Part Number section.

Contract period:

Establish a 12 month contract with an option to extend for a second, third, fourth, and fifth 12 month period with the same pricing, terms and conditions. The second, third, fourth, or fifth 12 month period, if agreed by both parties, would begin the day after the first, second, third, or fourth 12 month period expires. Any successive extension must have written approval of both the state and vendor no later than 30 days prior to expiration of the previous 12 month period.

Price Escalation:

If, during the performance of this contract, the cost of material, labor, or any other contract component significantly increases through no fault of the supplier, a price increase may be considered. Supplier should provide justification of any price increase for materials, labor, or any other contract component, including documentation from the manufacturer where applicable. Any proposed increases in labor and/or materials should not exceed increases during the same time period in industry specific price index or in CPI (Consumer Price Index) if no industry index is available. All price increases must be approved by both the state and the supplier in writing. Any de-escalation in price shall be passed onto the state immediately while still meeting all specifications, terms, and conditions of the contract

Liability Insurance:

Vendor must have a minimum of $2,000,000.00 liability coverage with $1,000,000.00 per occurrence and must be in effect for the contract period. Insurance certificate, or letter of intent to provide the amount of coverage from the insurance company must be submitted with the bid, or the bid will be rejected. Vendor is responsible for all losses/damages caused by its employees. Insurance certificate, when issued, must show the State of Alabama as the certificate holder.

Indemnity: Contractor shall be fully liable for the actions of its agents, employees, officers, partners, and Subcontractors, and shall fully indemnify, defend, and save harmless the Division, Eligible Users, and the State of Alabama from all claims, losses, suits, actions, damages, and costs of every name and description arising out of Contractor’s performance of this Contract caused by any intentional act or negligence of Contractor, its agents, employees, officers, partners, or Subcontractors, without limitation; provided, however, that the Contractor shall not indemnify for that portion of any claim, loss, or damage arising hereunder due to the sole fault of the Division, Eligible Users, or the State of Alabama. The parties agree that if there are any limitations of the Contractor’s liability, including a limitation of liability clause for anyone for whom the Contractor is responsible, such limitations of liability will not apply to injuries to persons, including death, or to damages to property.

Quality of materials and labor:

Materials used that are not otherwise specified shall be the kind and quality consistent with the trade practice for such work and shall comply with all local codes. All labor shall be well experienced in this type work and it shall be completed in a professional manner.

Requested information:

Any additional information requested from a vendor must be furnished within five (5) days from receipt of request.

Quantity:

The exact quantity of each item is unknown. The Division of Procurement does not guarantee the State will buy any amount. Orders will be placed by the agency as needed and give complete shipping instructions.