HomeMy WebLinkAboutC2022-027 - Franklin Striping, Inc.1
Contract No. 2020-027
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FRANKLIN STRIPING, INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of September 10, 2022, between the Town of Fountain Hills, an Arizona municipal corporation
(the “Town”), and Franklin Striping, Inc, a(n) Arizona corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, Maricopa County (“County”) entered into
Contract No. 210109-S, dated February 1, 2021 (“County Contract”) for the Contractor to provide
installation of paint stripes and markings. A copy of the County Contract is incorporated herein by
reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the County Contract, at its discretion and with the agreement of the awarded
Contractor, and the County Contract permits its cooperative use by other public entities, including
the Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the County Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with installation of paint stripes and markings for roadways (the “Materials and Services”),
and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related
to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until September 9, 2022 (the “Initial Term”), unless
terminated as otherwise provided in this Agreement or the County Contract. After the expiration
of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
“Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) the term of the County Contract
has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term
of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv) the Town approves the additional one-year term in writing (including any
2
price adjustments approved as part of the County Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
“Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for
Materials and Services under the terms and conditions of the County Contract. The Town does not
guarantee that any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate
for this Agreement, the Contractor shall provide the Materials and Services to the Town in such
quantities and configurations agreed upon between the parties, in a written invoice, quote, work
order or other form of written agreement describing the work to be completed (each, a “Work
Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the County Contract and (ii) be attached hereto as
Exhibit A and incorporated herein by reference. Work Orders submitted without referencing this
Agreement and the County Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the County Contract will be held at Contractor’s risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or
(iii) bring the Materials or Services into compliance and withhold the cost of same from any
payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product
prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation. The Town shall pay Contractor for the Term an amount not to
exceed $50,000.00 for the Materials and Services at the rates that shall be agreed upon by the
parties. The aggregate amount per term shall not exceed $50,000 in any case unless the Agreement
is affirmed and ratified via an executed amendment. All remaining terms and conditions of the
Agreement shall remain in full force and effect.
4. Payments. The Town shall pay the Contractor monthly and the Contractor shall
invoice monthly, based upon acceptance and delivery of Materials and/or Services performed and
completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a
3
reference to this Agreement and the County Contract and (ii) document and itemize all work
completed to date. The invoice statement shall include a record of materials delivered, time
expended, and work performed in sufficient detail to justify payment. Additionally, invoices
submitted without referencing this Agreement and the County Contract will be subject to rejection
and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations
under this Agreement are current expenses subject to the “budget law” and the unfettered
4
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town’s termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the County Contract, and invoices,
the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the County Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and
shall be of no force and effect. Acceptance by the Town of any work order or invoice containing
any such Unauthorized Conditions or failure to demand full compliance with the terms and
conditions set forth in this Agreement or under the County Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement.
12. Rights and Privileges. To the extent provided under the County Contract, the Town
shall be afforded all of the rights and privileges afforded to the County and shall be “County” (as
defined in the County Contract) for the purposes of the portions of the County Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to County to the extent provided under the County Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor’s obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified
Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
5
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Franklin Striping, Inc.
2832 S. 45th St.
Phoenix, Arizona 85040
Attn: Randy Franklin
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If a
copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing
the date on which a notice is deemed to have been received by a party shall mean and refer to the
date on which the party, and not its counsel or other recipient to which a copy of the notice may
be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
Elizabeth Klein (Sep 7, 2021 11:49 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Franklin Striping, Inc.
Randy Franklin (Sep 7, 2021 11:21 PDT)
Randy Franklin
President
Randy Franklin
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
FRANKLIN STRIPING, INC.
[County Contract]
See following pages.
Chief Procurement Officer
160 South 4th Avenue
Phoenix, AZ 85003
Phone: (602) 506-3967
Fax: (602) 506-6766
Maricopa County
Office of Procurement Services
www.maricopa.gov
January 14, 2021
RE: INSTALLATION OF PAINT STRIPES AND MARKINGS
We are pleased to notify you Maricopa County has awarded your firm a contract to supply
services and/or commodities per the subject contract with an effective date of
February 01, 2021.
In accordance with the bid specifications, purchasing documents will be forwarded to you
covering the specific items of this award.
If you have any questions regarding the 210109-S contract, please contact Louis Nicolosi at
602-506-2761.
Sincerely,
_
Louis Nicolosi, Procurement Officer
Office of Procurement Services
LN/mm
Attach.
cc: Office of Procurement Services
Re: Serial 210109-S
SERIAL 210109-S INSTALLATION OF PAINT STRIPES AND MARKINGS
DATE OF LAST REVISION: January 14, 2021 CONTRACT END DATE: January 31, 2023
CONTRACT PERIOD THROUGH JANUARY 31, 2023
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for INSTALLATION OF PAINT STRIPES AND MARKINGS
Attached to this letter is published an effective purchasing contract for products and/or services to be
supplied to Maricopa County activities as awarded by Maricopa County on JANUARY 14, 2021
(Eff. 02/01/21)
All purchases of products and/or services listed on the attached pages of this letter are to be obtained
from the vendor holding the contract. Individuals are responsible to the vendor for purchases made
outside of contracts. The contract period is indicated above.
LN/mm
Attach
Copy to: Office of Procurement Services
John Hatler, MCDOT
Suzi Williams-MCDOT
(Please remove Serial 14097-S from your contract notebooks)
SERIAL 210109-S
FRANKLIN STRIPING INC, 2832 S. 45TH ST., PHOENIX AZ 85040
COMPANY NAME: Franklin Striping Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS: 2832 S. 45th St. Phoenix, AZ 85040
REMIT TO ADDRESS: 2832 S. 45th St. Phoenix, AZ
TELEPHONE NUMBER: 480-898-1180
FAX NUMBER: N/A
WWW ADDRESS: franklinstriping.com
REPRESENTATIVE NAME: Randy Franklin
REPRESENTATIVE TELEPHONE NUMBER: 602-695-9748
REPRESENTATIVE EMAIL ADDRESS randy@franklinstriping.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT:
2% 10 DAYS NET 30 DAYS
1st Call
New Striping, Water Borne Paint (ADOT APL Formula 1 HB, Layout Required)
Title
Unit
Price Qty UofM
Roadway Striping w/beads (Long Line) - WHITE $0.14 1 linear foot
Roadway Striping w/beads (Long Line) - YELLOW $0.14 1 linear foot
Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow) $0.50 1 linear foot
Intersection Striping - Islands (8 inches) $0.25 1 linear foot
Intersection Striping - Arrows (LT. RT. & ST.) $25.00 1 each
Railroad Pavement Marking - Stop Bar (24 inches) $0.90 1 linear foot
Railroad Pavement Marking - (X)ing Pavement Marking (16 inches) $0.80 1 linear foot
Railroad Pavement Marking - (R.R.) Pavement Marking $25.00 1 each
Bike Lane Symbol $25.00 1 each
Yield Symbol 18" (Sharks Teeth) $10.00 1 each
Pavement Wording - All letters and/or Numbers $12.50 1 each
Re-Striping, Water Borne Paint (ADOT APL Formula 1 HB, No Layout Required)
Title
Unit
Price Qty UofM
Roadway Striping w/beads (Long Line) - WHITE $0.13 1 linear foot
Roadway Striping w/beads (Long Line) - YELLOW $0.13 1 linear foot
Intersection Striping - Cross walk/Stop Bar (12 inches) (White or Yellow) $0.50 1 linear foot
Intersection Striping - Islands (8 inches) $0.25 1 linear foot
Intersection Striping - Arrows (LT. RT. & ST.) $25.00 1 each
Railroad Pavement Marking - Stop Bar (24 inches) $0.80 1 linear foot
SERIAL 210109-S
FRANKLIN STRIPING INC
Railroad Pavement Marking - (X)ing Pavement Marking $0.70 1 linear foot
Railroad Pavement Marking - (R.R.) Pavement Marking $25.00 1 each
Bike Lane Symbol $25.00 1 each
Yield Symbol 18" (Sharks Teeth) $10.00 1 each
Pavement Wording - All letters and/or Numbers $12.50 1 each
New Striping, AZDOT New Spec Thermoplastic (Layout Required)
Title
Unit
Price Qty UofM
Roadway Striping (Long Line) - 60 mils thick $0.32 1 linear foot
Roadway Striping (Long Line) - 90 mils thick $0.42 1 linear foot
Roadway Striping (Long Line) - 120 mils thick $0.60 1 linear foot
Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12") $2.00 1 linear foot
Intersection Striping (at 120 mils thick) - Islands (8") $1.15 1 linear foot
Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.) $115.00 1 each
Railroad Pavement Marking (120 mils thick) - Stop Bar (24") $3.50 1 linear foot
Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $2.00 1 linear foot
Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $100.00 1 each
Bike Lane Symbol $175.00 1 each
Yield Symbol 18" (Sharks Teeth) $20.00 1 each
Pavement Wording (120 mils) - All letters and/or Numbers $65.00 1 each
Re-Striping, AZDOT Spec Thermoplastic (No Layout Required)
Title
Unit
Price Qty UofM
Roadway Striping (Long Line) - 60 mils thick $0.32 1 linear foot
Roadway Striping (Long Line) - 90 mils thick $0.42 1 linear foot
Roadway Striping (Long Line) - 120 mils thick $0.60 1 linear foot
Intersection Striping (at 120 mils thick) - Cross walk & Stop Bar (12") $2.00 1 linear foot
Intersection Striping (at 120 mils thick) - Islands (8") $1.15 1 linear foot
Intersection Striping (at 120 mils thick) - Arrows (LT. RT. & ST.) $115.00 1 each
Railroad Pavement Marking (120 mils thick) - Stop Bar (24") $3.50 1 linear foot
Railroad Pavement Marking (120 mils thick) - "X" ing Pavement Marking $2.00 1 linear foot
Railroad Pavement Marking (120 mils thick) -"R.R." Pavement Marking $100.00 1 each
Bike Lane Symbol $175.00 1 each
Yield Symbol 18" (Sharks Teeth) $20.00 1 each
Pavement Wording (120 mils) - All Letters and/or Numbers $65.00 1 each
Installation of Raised Reflective Pavement Markers
Title
Unit
Price Qty UofM
3M 290 - 2-way 1-color "Full size" Type H $2.75 1 each
3M 290 - 2-way 1-color "Full size" Type D $2.75 1 each
3M 290 - 1-way only "Full size" Type G $2.75 1 each
3M 290 - 2-way 1-color "Full size" Type BB $5.00 1 each
SERIAL 210109-S
FRANKLIN STRIPING INC
3M 290- 2-way 2-color "Full size" $2.75 1 each
Guardrail/Barrier Delineator (Reflectorized) - YELLOW $2.75 1 each
Guardrail/Barrier Delineator (Reflectorized) - WHITE $2.75 1 each
Ceramic Button (3/4" x 4") (Non-Reflectorized) -YELLOW $2.75 1 each
Ceramic Button (3/4" x 4") (Non-Reflectorized) - WHITE $2.75 1 each
Ceramic Button (3/4" x 4") (Non-Reflectorized) - BLACK $2.75 1 each
Raised Pavement Marker Recessing $10.00 1 each
Removal of Existing Pavement Markings / Markers
Title
Unit
Price Qty UofM
Paint $0.50 1 linear foot
Tape/Cold Plastic $0.50 1 linear foot
Thermoplastic $0.50 1 linear foot
Guardrail/Jersey Barrier Markers $1.50 1 each
Arrows (LT. RT. & ST.) $35.00 1 each
Railroad Pavement Marking (R.R.) Pavement Marking $35.00 1 each
Bike Lane Symbol $35.00 1 each
Pavement Wording - All letters and/or Numbers $20.00 1 each
Raised Pavement Marker Removal $1.75 1 each
Asphalt Slurry Type II - Obliterated Road Marking Sealant (MAG Section
460.2) $10.00 1 square yard
Traffic Control
Title
Unit
Price Qty UofM
SIGNS - Large Sign 48" x 48" (2304 Sq. In.) or Larger $0.60 1 day
SIGNS - Medium Sign 36" x 36" (1296-2303 Sq. In.) $0.50 1 day
SIGNS - Small Sign 24" x 24" (576-1295 Sq. In.) $0.40 1 day
WARNING LIGHTS (FLASHERS) - Type A Low Intensity Flashing warning light $0.20 1 day
WARNING LIGHTS (FLASHERS) - Type B High Intensity Flashing warning light $1.00 1 day
WARNING LIGHTS (FLASHERS) - Type C Low Intensity Steady Burn warning
light $0.20 1 day
WARNING LIGHTS (FLASHERS) - Type D 360 Degree Steady Burn warning
light $0.30 1 day
BARRICADES CONES MISCELLANEOUS - Type I Barricade - Vertical Panel $0.35 1 day
BARRICADES CONES MISCELLANEOUS - Portable Sign Stand (spring stand) $1.50 1 day
BARRICADES CONES MISCELLANEOUS - Traffic Cone Reflectorized 28
Inches $0.40 1 day
BARRICADES CONES MISCELLANEOUS - Sand Bag $1.25 1 day
BARRICADES CONES MISCELLANEOUS - Flag $1.30 1 day
BARRICADES CONES MISCELLANEOUS - Arrow Boards $25.00 1 day
BARRICADES CONES MISCELLANEOUS - Portable Variable Message Signs
Three-Line $45.00 1 day
PILOT CAR RENTAL WITH DRIVER $55.00 1 hour
BARRICADE TRUCK RENTAL WITH DRIVER $55.00 1 hour
SERIAL 210109-S
FRANKLIN STRIPING INC
BARRICADE TRUCK MOUNTED ATTENUATOR WITH DRIVER $75.00 1 hour
Flagger $40.00 1 hour
Traffic Control Technician $40.00 1 hour
Traffic Supervisor $45.00 1 hour
PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 2 Way $1.50 1 each
PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - 1 Way $1.50 1 each
PURCHASE AND INSTALLATION/REMOVAL OF SUPPLIES - Chip Seal $1.50 1 each
MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 1 $125.00 1 day
MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 2 $170.00 1 day
MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) - Zone 3 $220.00 1 day
Uniformed Off-Duty Officers / Vehicle (Minimum 4 Hours)
Title Regular Pay Overtime Pay Vehicle Hourly Rate
Agency Name $75.00 $25.00
Rumble Strips
Title
Unit
Price Qty UofM Total Price
Rumble Strips-Layout Required $10.00 1 linear foot $10.00
Rumble Strips- No Layout Required $10.00 1 linear foot $10.00
PRICING SHEET: NIGP CODE 63066, 63166 & 91276
Terms: 2% 10 DAYS NET 30 DAYS
Vendor Number: VC0000008203
Certificates of Insurance Required
Contract Period: To cover the period ending January 31, 2023.
January 14, 2021
SERIAL 210109-S
INSTALLATION OF PAINT STRIPES AND MARKINGS
1.0 INTENT
1.1 The intent of this Invitation for Bids is to establish a contract with one or more contractors
for the installation of paint stripes and markings and the items specifically listed herein for
use by the Maricopa County Department of Transportation (MCDOT).
1.1 Other governmental entities under agreement with Maricopa County (County) may have
access to services provided hereunder (see also Sections 3.15 and 3.16 below).
1.2 The County reserves the right to add additional contractors, at the County’s sole discretion,
in cases where the currently listed contractors are of an insufficient number or skill-set to
satisfy the County’s needs or to ensure adequate competition on any project or task order
work.
1.3 County reserves the right to award this contract to multiple vendors. The County reserves
the right to award in whole or in part, by item or group of items, by section or geographic
area, or make multiple awards, where such action serves the County’s best interest.
2.0 SPECIFICATIONS
2.1 The County has adopted the MCDOT Supplement (January 2020 or most recent edition)
to Maricopa Association of Governments (MAG) Uniform Standard Specifications.
2.2 Contractor shall provide materials and installation as indicated, and as referenced in
Exhibit 6 - MCDOT 2020 Supplement to MAG Specifications and Details, for:
2.2.1 Paint Pavement Markings - Section 461
2.2.2 Thermoplastic Pavement Markings - Section 462
2.2.3 Raised Pavement Markers -Section 463
2.3 PAINT STRIPES AND MARKINGS
2.3.1 Contractor shall provide materials and installation for paint stripes and markings
as required in MCDOT Supplement (January 2020 or most recent edition) to
Maricopa Association of Governments (MAG ) Uniform Standard Specification for
Paint Pavement Markings, Section 461, with the following exceptions:
2.3.1.1 The contractor shall apply types of paint that are water borne, to include
100 percent acrylic polymer emulsion (high build type) and crosslink
polymer emulsion (plastic type) white and yellow (lead and lead-free).
2.3.1.2 Contractor shall provide pricing on the Attachment D – Pricing Sheet for
each type of paint and shall indicate the manufacturer’s brand name and
product code/series number.
2.4 THERMOPLASTIC STRIPES AND MARKINGS
Contractor shall provide materials and installation of thermoplastic stripes and markings as
required in MCDOT Supplement (January 2020 or most recent edition) to MAG Uniform
Standard Specification for Thermoplastic Pavement Markings, Section 462.
2.5 RAISED PAVEMENT MARKERS
2.5.1 Contractor shall provide materials and installation of raised pavement markers as
required in MCDOT Supplement (January 2020 or most recent edition) to MAG
SERIAL 210109-S
Uniform Standard Specification for Raised Pavement Markers, Section 463, with
the following additions:
2.5.1.1 Contractor shall include the manufacturer’s name and model number for
each type of marker quoted in Attachment D – Pricing Sheet.
2.5.2 Rumble Strips
2.5.2.1 Contractor shall cut groove transverse rumble strips such that they be
ground to a depth of 3/8 inches every 12 inches, with 10-foot gap every
40 feet to allow bicyclists to cross the rumble pattern without dropping
into the depressions (on roads that allow bicyclists).
2.5.2.2 Contractor shall use rumble strips (six-inch, eight-inch and twelve-inch
widths) of the appropriate size for the roadway type and shoulder width
(see Exhibit 8 – ADOT Rumble Strip Specifications).
2.5.3 Reflective Pavement Markers
2.5.3.1 Reflective pavement markers (Section 463.2.02) shall be 3M 290 or
equivalent.
2.5.3.2 As per MCDOT requirements, contractor shall use reflective markers
that are pressure sensitive adhesive or non-adhesive with an adhesive
surface. The raised pavement marker shall be both wet and dry retro-
reflective, impact resistant, abrasion resistant, water resistant, and have
molded-in body colors, and may have application finger grips. Reflective
pavement markers shall be of the following types:
2.5.3.2.1 Type D Yellow, two–way
2.5.3.2.2 Type G Clear, one-way
2.5.3.2.3 Type H Yellow, one-way
2.5.3.2.4 Type BB Blue, two-way
2.5.3.3 Contractor shall use reflective pavement markers such that:
2.5.3.3.1 Reflective pavement markers are prismatic reflective
consisting of a polycarbonate body and a polycarbonate
lens with built-in micro-cube corners.
2.5.3.3.2 The lens shall have a protective hard coat.
2.5.3.3.3 The exterior surface of the molded body shall be smooth
and shall contain one or two prismatic reflector faces of the
color specified.
2.5.3.3.4 When illuminated by an automobile headlight, the color of
the reflectors shall be an approved clear, yellow, red, blue
or green as designated. Reflectors not meeting the required
color may be rejected and contractor shall replace reflectors
with reflectors of the required color.
2.5.3.3.5 The retro reflected color of the markers shall lie within the
respective retro reflected color gamut coordinates, plotted
on the 1931 CIE Chromaticity (x, y) diagram (see TABLE 1)
when tested in accordance with American Society for
Testing and Materials (ASTM) E811, using CIE Illuminant
Source A and viewing conditions of 0.2 degree observation
SERIAL 210109-S
angle, zero degree entrance angle. The source and
receptor angular apertures are each six minutes of arc.
TABLE 1
WH YL RED GR BL
Point # x y x y x y x y x y
1 .310 .348 .545 .424 .650 .330 .009 .733 .039 .320
2 .453 .440 .599 .439 .668 .330 .288 .520 .160 .320
3 .500 .440 .609 .390 .734 .265 .209 .395 .160 .240
4 .500 .380 .597 .390 .721 .259 .012 .494 .183 .218
5 .440 .380
6 .310 .283
2.5.3.3.6 Permanent reflective pavement markers will be tested for
compressive strength, abrasion resistance, and specific
intensity. Permanent reflective pavement markers shall
have a thin un-tempered glass or other abrasion material
bonded to the prismatic reflector face to provide an
extremely hard and durable, abrasive resistant reflector
surface.
2.5.3.3.7 The area covered by the glass, or other abrasion resistant
surface, shall not be less than three square inches.
2.5.3.3.8 The original specific intensity of each reflecting surface for
both temporary and permanent reflective markers shall not
be less than the following:
2.5.3.3.8.1 To be measured in accordance with ASTM
E809. The photometric quantity to be
measured is the coefficient of retro reflected
luminous intensity, expressed as millicandelas
per lux (mcd/lx). One candela per lux equals
10.76 candelas per foot-candle.
2.5.3.3.9 Permanent reflective pavement markers shall be subject to
an abrasion resistance test as follows:
2.5.3.3.9.1 Subject the entire lens surface to the test
described in ASTM D-4280-04, Section 9.5,
using a sand drop apparatus. After the
exposure described, the retroreflected values
shall not be less than 0.5 times the values listed
in the specific intensity table (see TABLE 2
below).
2.5.3.3.9.2 The raised pavement marker shall comply with
the initial minimum brightness requirements in
TABLE 2 (below) after conditioning for 12 hours
at 145 degrees F +/- 5ºF (62.7ºC +/- 2.5ºC).
2.5.3.3.9.3 The body of the raised pavement marker
displays no cracking or breakage when tested
according to ASTM D2444 Tup A, using a 1000
gm weight from a height of one meter. The
marker is positioned in such a way that the Tup
strikes the top of the marker. The marker lens
displays no cracking inside the impact area
when tested according to ASTM D2444 Tup A,
SERIAL 210109-S
using a 1000 gm weight from a height of one
meter. The marker is placed in a steel fixture
designed to hold the marker lens horizontal and
positioned such that the Tup strikes the center
of the lens.
TABLE 2 Specific Intensity Table
Entrance Angle 0 degrees +/- 20 degrees – 0 degrees
Observation Angle .2 degrees .2 degrees
Minimum Coefficient
Color mcd/lx cd/ftcd mcd/lx cd/ftcd
White 279 3.00 112 1.20
Yellow/Amber 167 1.80 67 0.72
Red 70 0.75 28 0.30
Blue 26 0.28 10 0.11
Green 93 1.00 37 0.40
2.5.4 Construction Requirements
2.5.4.1 Contractor shall ensure that the portion of the highway to which the raised
pavement markers are to be attached shall be free of dirt, curing
compound, grease, oil, moisture, loose or unsound layers and any other
material which could adversely affect the bond of the adhesive. In
addition, the pavement must be clean and dry, therefore, contractor shall
ensure that adhesive is not applied within 24 hours of rainfall prior to
application. The method of cleaning the pavement surface and removal
of detrimental material is subject to approval by the engineer and shall
include sweeping and the use of high-pressure air spray.
2.5.4.2 Contractor may apply pressure sensitive adhesive raised pavement
markers to new paved asphalt surfaces immediately following the final
compaction of the asphalt surface by the finishing roller, however
contractor shall use caution to prevent embedment of raised pavement
markers into the fresh, soft asphalt that would limit the visibility of the lens
face. Embedment into the fresh asphalt surface should be limited to the
thickness of the pressure sensitive adhesive pad.
2.5.4.3 Contractor shall not place markers on asphalt that is showing signs of
deterioration, cracking or failure.
2.5.4.4 Contractor shall have the curing compound removed prior to application
of the pressure sensitive raised pavement marker on new concrete
surfaces that have been open to traffic for less than 90 days. The curing
compound may be removed by sandblasting, or other methods such as
hydro-blasting or grinding as approved by the engineer.
2.5.4.5 Contractor shall ensure that chip seal surfaces are swept of excess
aggregate and have been open to traffic for 30 days prior to installation
of the markers. Markers should not be installed on chip seal surfaces with
large, void spaces and/or loose aggregate with a weak bond to the
underlying road surface.
2.5.4.6 Contractor shall ensure that slurry seal and fog seal surfaces are allowed
to completely cool and cure. In general, 24 hours is sufficient time to allow
SERIAL 210109-S
placement of the markers. Excess sand applied to soak up surface
emulsions must be swept clean prior to installation of the markers.
2.5.4.7 When installation involves a separate adhesive product, the contractor
shall place the adhesive uniformly on the cleaned pavement surface in
an amount sufficient to result in complete coverage of the area of contact
of the markers, with no voids present and with slight excess after the
markers have been placed. The markers shall be placed in position and
pressure applied until firm contact is made with the pavement. The
markers shall be protected against impact until the adhesive has set to
the degree acceptable to the engineer.
2.5.4.8 Contractor shall immediately remove excess adhesive on the pavement
and on the exposed surfaces of the markers. Contractor shall not use
thinners or solvents which may be detrimental to either the markers or
the bond provided by the adhesive in removing excess adhesive.
2.5.4.9 Contractors shall not install markers when the temperature of the
pavement surface or the atmosphere is less than 60ºF, when the relative
humidity is 80 percent or higher or when the pavement is not dry.
Contractor shall not apply markers within 24 hours of rainfall prior to
application.
2.5.4.10 Contractors shall install all markers to the line approved by the engineer
and in such a manner that the reflective face of the markers is
perpendicular to a line parallel to the roadway centerline. No raised
pavement markers shall be installed over longitudinal or traverse joints or
seams of the pavement surface. No raised pavement markers shall be
installed over existing pavement markings such as paint, thermoplastic,
or preformed tapes.
2.6 PAVEMENT MARKING REMOVAL
Contractor shall remove all conflicting pavement markings, in conformance with hazardous
waste disposal regulations, to include raised pavement markers, chip seal tabs, pavement
tape, barrier/guardrail markers, and any other necessary traffic control devices deemed
necessary by the engineer. All pavement markings shall be recovered from the roadway
by vacuum method. Removed pavement markers and debris resulting from the removed
markings shall be collected and disposed by the contractor.
2.6.1 Approved Methods for Water Borne Traffic Paint
2.6.1.1 Water blasting
2.6.1.2 Steel shot method (turbo-blaster)
2.6.1.3 Asphaltic overlay: The asphalt overlay thickness and dimensions shall
meet the County specifications
2.6.2 Approved Methods for the Removal of Raised Pavement Markers
2.6.2.1 Hammer/chisel method
2.6.2.2 Blade use of heavy-duty equipment
2.6.3 Contractor shall repair, by methods acceptable to the engineer, any damage to the
pavement caused by pavement marking removal. When contractor uses asphalt
slurry to repair damage to the pavement caused by pavement marking removal or
the obliteration of the marks remaining after the markings have been removed,
SERIAL 210109-S
contractor shall place the asphalt slurry parallel to the new direction of travel and
shall not be less than two feet in width.
2.7 PAVEMENT PREPARATION
2.7.1 It shall be the contractor’s responsibility to determine what type of pavement
markings currently exists on the project to be done and determine the appropriate
method of removal. The final decision for the method of removal must be approved
by the Engineer first.
2.7.2 Contractor shall repair, by methods acceptable to the engineer, any damage to
the pavement caused by pavement marking removal. When contractor uses
asphalt slurry seal to repair damage to the pavement caused by pavement marking
removal or the obliteration of the marks remaining after the markings have been
removed, contractor shall place the asphalt slurry parallel to the new direction of
travel and shall not be less than two feet in width.
2.7.3 It will be the contractor’s responsibility to prepare the roadway surface for the
installation of striping and raised pavement markers. Contractor shall cover up all
raised pavement markers when slurry seal and fog seal is used. This may include
sweeping/brooming, (manually or by machine), blading (removing mud or dirt), and
any other cleaning of the road-way surface to ensure proper installation of striping
and markers. (Example: removal of oil, grease.)
2.7.4 Contractors shall not use of self-adhesive markers.
2.7.5 Contractors will be given a Notice to Proceed for each project. At the time of
notification, the contractor shall inform the MCDOT representative of an estimated
project start date and proposed project end date along with a schedule as to when
the work will be completed.
2.7.6 Contractor will be responsible for their portable traffic control and should comply
with Manual on Uniform Traffic Control Devices and Federal Highway
Administration regulations.
2.8 TEMPORARY TRAFFIC CONTROL
2.8.1 Contractor shall be solely responsible for providing personnel and equipment for
temporary traffic control during scheduled MCDOT construction/maintenance
projects, in accordance with the MCDOT MAG Supplement Section 401.
2.8.2 Scheduled Work Description: Contractor shall provide traffic control and barricade
service while working on MCDOT rights-of-way. Contractor shall furnish equipment
and labor on an as needed basis. Contractor shall furnish all labor, materials,
services, insurance, and equipment necessary for the delivery, placement,
maintenance, and removal of barricade equipment, as well as labor for flagging
traffic-control purposes.
2.8.3 All traffic control plans shall be governed by the Manual on Uniform Traffic Control
Devices or Uniform Standard Specifications and Details for Public Works
Construction Section 401 Traffic Control.
2.8.4 Contractor shall be responsible for the preparation of specific traffic plans and
typical traffic control plans which may be utilized as requested by MCDOT. Traffic
control plans shall be submitted to MCDOT Traffic Operations for review and
approval in advance of commencing work.
2.8.5 Traffic Control Technicians shall be American Traffic Safety Services Association
(ATSSA) certified.
SERIAL 210109-S
2.8.6 Contractor shall only utilize flaggers certified flaggers.
2.8.6.1 Flaggers can be certified by ATSSA, the International Municipal Signal
Association (IMSA), or by the Local Technical Assistance Program
(LTAP).
2.8.6.2 Flaggers/laborers must be able to converse in the English language and
shall be authorized by the contractor to receive and carry out directives
issued by MCDOT Field Supervisor.
2.8.7 Contractor shall have an off-duty officer present during any setup which will restrict
traffic flow more than one hour while working within 300 feet of a signalized
intersection.
2.8.8 Contractors shall not restrict access to fire stations, hospitals, sheriff/police
stations, or any public schools.
2.9 FUEL COST PRICE ADJUSTMENT
2.9.1 This provision provides for limited increased or decreased costs of motor fuels
(fuels) used to perform services under this contract. This provision does not apply
to burner fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor
fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel
cost adjustment will result in an increase in payments to contractor while a negative
fuel cost adjustment will result in a decrease in payments to contractor.
2.9.2 This provision is intended to minimize risk to both parties to this contract due to
fuel cost fluctuations that may occur during the term of this contract. This provision
is not designed to estimate actual quantities of fuel used in providing services
under this contract, but to provide a reasonable basis for calculating a fuel cost
adjustment based on average conditions.
2.9.3 Application of this provision will come into effect upon contractor submittal of a fuel
cost adjustment request. A request may be submitted only when the increased
cost of fuel, established as a percentage of total contract price (base fuel cost)
upon award of this contract, exceeds 10 percent of the base fuel cost. The
contractor may request a fuel surcharge no more than four times annually, during
the month(s) of March, June, September and December. The request must be
submitted no later than the 10th of the month. Any surcharge shall be effective the
first of the following month after receipt and approval. The date of County approval
of a fuel cost adjustment request shall become the base date for any future
contractor adjustment requests.
2.9.4 Contractor shall include, as part of its price bid, the percentage of total contract
price fuel represents (e.g., fuel cost equals 10 percent of contractor cost) (see also,
Attachment A, Vendor Information). This percentage will represent and establish
the base fuel cost for this contract. The base fuel cost shall be established as the
due date for submission of proposals for this contract. All subsequent fuel cost
adjustments shall be based upon the date the County approves a contractor’s
request for fuel cost adjustment (e.g. if fuel cost adjustment is approved by County
on January 1, 2006, January 1, 2006 becomes base date for any next contractor
request for adjustment).
2.9.5 Fuel Cost Application Requirement. The contractor must provide documentation
including type of motor fuel and fuel invoices with price of the fuel used in providing
services under this contract, from the month bids were due and the month of the
cost adjustment request, with any fuel cost adjustment application. The fuel cost
SERIAL 210109-S
adjustment application must be completed with all applicable data and signed by
the contractor.
2.9.6 The fuel surcharge shall be based on the current quarterly index of the West Coast
(PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline
compared to the previous quarterly index period as reported on the Energy
Information Administration (EIA) website: http://www.eia.doe.gov/.
2.9.7 The computation of the fuel surcharge amount shall be determined as follows:
2.9.7.1 The fuel cost component from Attachment A (Vendor Information) of the
contract with Maricopa County, multiplied by the percent of change
indicated by the EIA report from the previous index period.
2.9.7.2 Upon agreement by the County to the surcharge, the County shall issue
written approval of the change prior to any adjusted invoicing submitted
for payment.
2.9.7.3 The surcharge shall be added as a separate line item to the invoice.
3.0 PURCHASING REQUIREMENTS
3.1 DELIVERY
3.1.1 Delivery is desired as soon as possible, and details shall be stipulated on the
purchase order. Contractor shall notify the County representative listed on the
order if the requested delivery date and/or the anticipated lead time cannot be met.
Failure to communicate to County changes in the order status may result in default
proceedings.
3.1.2 Supplies or equipment shall be delivered between the hours of 7:00 a.m. and 4:00
p.m. MST, Monday through Friday, except on County recognized holidays.
3.1.3 Delivery shall be F.O.B. Destination Freight Prepaid.
3.2 SHIPPING DOCUMENTS
A packing list or other suitable shipping document shall accompany each shipment and
shall include the following:
3.3.1 Contract serial number
3.3.2 Contractor’s name and address
3.3.3 Department name and address
3.3.4 Department purchase order number
3.3.5 A description of product(s) shipped, including item number(s), quantity(ies),
number of containers and package number(s), as applicable
3.3 SHIPPING TERMS
Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid at the location(s)
stipulated on the purchase order. All delivery locations are within Maricopa County.
SERIAL 210109-S
3.4 SAMPLES
Contractor may be requested to furnish samples of material(s) bid to allow for examination
by the County. Any materials so requested shall be furnished within 10 working days from
the date of request and furnished at no cost to the County and sent to the address
designated in the requesting correspondence. Samples become the property of the County
upon receipt.
3.5 TESTING
Unless otherwise specified, services and related materials purchased will be inspected by
the department to ensure they meet the quality and quantity requirements of the
specifications. When applicable and deemed necessary by the County, samples of the
materials may be taken at random from stock received for submission to a commercial
laboratory or other appropriate agency for analysis and tests to determine whether the
materials conform in all respects to the specifications. In cases where commercial
laboratory reports determine that the materials do not meet the specifications, the expense
of such analysis shall be borne by the contractor.
3.6 ACCEPTANCE
Upon completion, services shall be deemed accepted and the warranty period shall begin.
Successful service delivery shall be defined as a) material(s)/equipment is installed (as
necessary) and fully operational; and b) the department has deemed all service/work
completed, including but not limited to any inspection, repair, installation, design,
development, deployment, operation, and initial training, (as applicable). Additionally, all
documentation shall be completed prior to final acceptance.
3.7 WARRANTY
3.7.1 All services furnished under this contract shall conform to the requirements of this
contract.
3.7.2 Service and/or Repair Warranty
3.7.2.1 The warranty shall cover all parts and labor for a period of one year from
formal acceptance by the County. Any manufacturer warranty beyond
one year shall be passed on to the County.
3.7.2.2 Contractor shall indicate on the price sheet the duration of the warranty
and any applicable limitations or conditions which may apply.
3.7.2.3 Contractor agrees that it will, at its own expense, provide all labor and
parts required to remove, repair or replace, and reinstall any such
defective workmanship and/or materials which becomes or is found to be
defective during the term of this warranty. Contractor shall guarantee the
services to be supplied comply with all applicable regulations.
3.8 USAGE REPORT
Contractor shall furnish the County a usage report upon request delineating the acquisition
activity governed by the contract. The format of the report shall be approved by the County
and shall disclose the quantity and dollar value of each contract item by individual unit.
SERIAL 210109-S
3.9 BACKGROUND CHECK
Bidders/proposers need to be aware that they may be required to pass multiple background
checks (e.g. Sheriff’s Office, County Attorney's Office, Courts, as well as County general
government) to determine if the respondent is acceptable to do business with the County.
This applies to (but is not limited to) the company, subcontractors, and employees.
3.10 INVOICES AND PAYMENTS
3.10.1 Contractor shall submit one legible copy of their detailed invoice before payment(s)
will be made. Incomplete invoices will not be processed. At a minimum, the invoice
must provide the following information:
• Company name, address, and contact information
• County bill-to name and contact information
• Contract serial number
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (e.g., number of days or weeks)
• Contract item number(s)
• Arrival time and completion time (if applicable)
• Description of purchase (product or services)
• Pricing per unit of purchase
• Extended price (by line item)
• Total amount due
3.10.2 Commodities must be billed as a separate line item.
3.10.3 Problems regarding billing or invoicing shall be directed to the department as listed
on the purchase order.
3.10.4 Payment shall only be made to the contractor by Accounts Payable through the
Maricopa County Vendor Express Payment Program. This is an Electronic Funds
Transfer (EFT) process. After contract award, the contractor shall complete the
Vendor Registration Form accessible through the County Department of Finance
Vendor Registration website at https://www.maricopa.gov/5169/Vendor-
Information.
3.10.5 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County.
3.10.6 EFT payments to the routing and account numbers designated by the contractor
shall include the details on the specific invoices that the payment covers.
Contractor is required to discuss remittance delivery capabilities with their
designated financial institution for access to those details.
3.11 APPLICABLE TAXES
3.11.1 It is the responsibility of the contractor to determine any and all applicable taxes
and include those taxes in their proposal. The legal liability to remit the tax is on
the entity conducting business in Arizona. Tax is not a determining factor in
contract award.
3.11.2 The County will look at the price or offer submitted and will not deduct, add, or alter
pricing based on speculation or application of any taxes, nor will the County
provide contractor any advice or guidance regarding taxes. If you have questions
regarding your tax liability, seek advice from a tax professional prior to submitting
SERIAL 210109-S
your bid. You may also find information at https://www.azdor.gov/Business.aspx.
Once your bid is submitted, the offer is valid for the time specified in this solicitation,
regardless of mistake or omission of tax liability. If the County finds over payment
of a project due to tax consideration that was not due, the contractor will be liable
to the County for that amount, and by contracting with the County agrees to remit
any overpayments back to the County for miscalculations on taxes included in a
bid price.
3.11.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State,
and local taxes applicable to their operation and any persons employed by the
contractor. Contractor shall, and require all subcontractors to, hold the County
harmless from any responsibility for taxes, damages, and interest, if applicable,
contributions required under Federal and/or State and local laws and regulations,
and any other costs including: transaction privilege taxes, unemployment
compensation insurance, Social Security, and Workers’ Compensation. Contractor
may be required to establish, to the satisfaction of County, that any and all fees
and taxes due to the City or the State of Arizona for any license or transaction
privilege taxes, use taxes, or similar excise taxes are currently paid (except for
matters under legal protest).
3.12 PERFORMANCE
It shall be the contractor’s responsibility to meet the proposed performance requirements.
The County reserves the right to obtain services on the open market in the event the
contractor fails to perform, and any price differential will be charged against the contractor.
3.13 POST AWARD MEETING
Contractor may be required to attend a post-award meeting with the department to discuss
the terms, conditions and compliance of this contract. This meeting will be coordinated by the
procurement officer of the contract.
3.14 STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (SAVE)
The County is a member of the SAVE cooperative purchasing group. SAVE includes the
State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified
school districts. Under the SAVE Cooperative Purchasing Agreement, and with the
concurrence of the successful respondent under this solicitation, a member of SAVE may
access a contract resulting from a solicitation issued by the County. If contractor does not
want to grant such access to a member of SAVE, state so in the bid. In the absence of a
statement to the contrary, the County will assume that contractor does wish to grant access
to any contract that may result from this bid. The County assumes no responsibility for any
purchases by using entities.
3.15 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs)
County currently holds ICPAs with numerous governmental entities. These agreements
allow those entities, with the approval of the contractor, to purchase their requirements
under the terms and conditions of the County contract. It is the responsibility of the non-
County government entity to perform its own due diligence on the acceptability of the
contract under its applicable procurement rules, processes, and procedures. Certain
governmental agencies may not require an ICPA and may utilize this contract if it meets
their individual requirements. Other governmental agencies may enter into a separate
Statement of Work with the contractor to meet their own requirements. The County is not
a party to any uses of this contract by other governmental entities.
SERIAL 210109-S
4.0 CONTRACTUAL TERMS & CONDITIONS
4.1 CONTRACT TERM
This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a
term of one year.
4.2 OPTION TO RENEW
The County may, at its option and with the concurrence of the contractor, renew the term
of this contract up to a maximum of five additional year(s), (or at the County’s sole
discretion, extend the contract on a month-to-month basis for a maximum of six months
after expiration). Contractor shall be notified in writing by the Office of Procurement
Services of the County’s intention to renew the contract term at least 60 calendar days
prior to the expiration of the original contract term.
4.3 CONTRACT COMPLETION
In preparation for contract completion, the contractor shall make all reasonable efforts for
an orderly transition of its duties and responsibilities to another provider and/or to the
County. This may include, but is not limited to, preparation of a transition plan and
cooperation with the County or other providers in the transition. The transition includes the
transfer of all records and other data in the possession, custody, or control of the contractor
that are required to be provided to the County either by the terms of this agreement or as
a matter of law. The provisions of this clause shall survive the expiration or termination of
this agreement.
4.4 PRICE ADJUSTMENTS
4.4.1 Any requests for reasonable price adjustments must be submitted 60 calendar
days prior to the contract expiration. Requests for adjustment in cost of labor
and/or materials must be supported by appropriate documentation. The
reasonableness of the request will be determined by comparing the request with
the Consumer Price Index or by performing a market survey. If County agrees to
the adjusted price terms, County will issue written approval of the change and
provide an updated version of the contract. The new change shall not be in effect
until the date stipulated on the updated version of the contract.
4.5 INDEMNIFICATION
4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages,
losses, or expenses are not covered and paid by insurance purchased by the
contractor, the contractor shall defend, indemnify, and hold harmless the County
(as Owner), its agents, representatives, officers, directors, officials, and employees
from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted
from, the negligent acts, errors, omissions, or mistakes relating to the performance
of this contract.
4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, officers, directors, officials, and employees shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily
injury, sickness, disease, death, or injury to, impairment of, or destruction of
tangible property, including loss of use resulting therefrom, caused by negligent
acts, errors, omissions, or mistakes in the performance of this contract, but only to
the extent caused by the negligent acts or omissions of the contractor, a
subcontractor, anyone directly or indirectly employed by them, or anyone for
SERIAL 210109-S
whose acts they may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder.
4.5.3 The amount and type of insurance coverage requirements set forth herein will in
no way be construed as limiting the scope of the indemnity in this section.
4.5.4 The scope of this indemnification does not extend to the sole negligence of County.
4.6 INSURANCE
4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a
minimum, the herein stipulated insurance from a company or companies duly
licensed by the State of Arizona and possessing an AM Best, Inc. category rating
of B++. In lieu of State of Arizona licensing, the stipulated insurance may be
purchased from a company or companies, which are authorized to do business in
the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to
County.
4.6.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of County, constitute a material breach of this contract.
4.6.3 In the event that the insurance required is written on a claims-made basis,
contractor warrants that any retroactive date under the policy shall precede the
effective date of this contract and either continuous coverage will be maintained,
or an extended discovery period will be exercised for a period of two years
beginning at the time work under this contract is completed.
4.6.4 Contractor’s insurance will be primary insurance as respects County, and any
insurance or self-insurance maintained by County will not contribute to it.
4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies
or any breach of an insurance policy warranty shall not affect the County’s right to
coverage afforded under the insurance policies.
4.6.6 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to County under such policies.
Contractor shall be solely responsible for the deductible and/or self-insured
retention and County, at its option, may require contractor to secure payment of
such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
4.6.7 The insurance policies required by this contract, except Workers’ Compensation
and Errors and Omissions, shall name County, its agents, representatives, officers,
directors, officials, and employees as additional insureds.
4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against County, its agents, representatives, officers, directors, officials, and
employees for any claims arising out of contractor’s work or service.
4.6.9 If available, the insurance policies required by this contract may be combined with
Commercial Umbrella Insurance policies to meet the minimum limit requirements.
If a Commercial Umbrella insurance policy is utilized to meet insurance
SERIAL 210109-S
requirements, the Certificate of Insurance shall indicate which lines the
Commercial Umbrella Insurance covers.
4.6.9.1 Commercial General Liability
Commercial General Liability (CGL) insurance with a limit of not less than
$2,000,000 for each occurrence, $4,000,000 Products/Completed
Operations Aggregate, and $4,000,000 General Aggregate Limit. The
policy shall include coverage for premises liability, bodily injury, broad form
property damage, personal injury, products and completed operations and
blanket contractual coverage, and shall not contain any provisions which
would serve to limit third-party action over claims. There shall be no
endorsement or modifications of the CGL limiting the scope of coverage
for liability arising from explosion, collapse, or underground property
damage.
4.6.9.2 Automobile Liability
Commercial/Business Automobile Liability insurance with a combined
single limit for bodily injury and property damage of not less than
$2,000,000 each occurrence with respect to any of the contractor’s owned,
hired, and non-owned vehicles assigned to or used in performance of the
contractor’s work or services or use or maintenance of the premises under
this contract.
4.6.9.3 Workers’ Compensation
4.6.9.3.1 Workers’ Compensation insurance to cover obligations
imposed by Federal and State statutes having jurisdiction of
contractor’s employees engaged in the performance of the
work or services under this contract; and Employer’s Liability
insurance of not less than $1,000,000 for each accident,
$1,000,000 disease for each employee, and $1,000,000
disease policy limit.
4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive
all rights against this contract and its agents, officers, directors,
and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and
Employer’s Liability or Commercial Umbrella Liability insurance
obtained by contractor, its subcontractors, and its sub-
subcontractors pursuant to this contract.
4.6.9.4 Errors and Omissions/Professional Liability Insurance
Errors and Omissions (Professional Liability) insurance which will insure
and provide coverage for errors or omissions or professional liability of the
contractor, with limits of no less than $2,000,000 for each claim.
4.6.9.5 Certificates of Insurance
4.6.9.5.1 Prior to contract award, contractor shall furnish the County with
valid and complete certificates of insurance, or formal
endorsements as required by the contract in the form provided
by the County, issued by contractor’s insurer(s), as evidence
that policies providing the required coverage, conditions, and
limits required by this contract are in full force and effect. Such
certificates shall identify this contract number and title.
SERIAL 210109-S
4.6.9.5.2 In the event any insurance policy(ies) required by this contract
is (are) written on a claims-made basis, coverage shall extend
for two years past completion and acceptance of contractor’s
work or services and as evidenced by annual Certificates of
Insurance.
4.6.9.5.3 If a policy does expire during the life of the contract, a renewal
certificate must be sent to County 15 calendar days prior to the
expiration date.
4.6.9.6 Cancellation and Expiration Notice
Applicable to all insurance policies required within the insurance
requirements of this contract, contractor’s insurance shall not be
permitted to expire, be suspended, be canceled, or be materially changed
for any reason without 30 calendar days prior written notice to Maricopa
County. Contractor must provide notice to Maricopa County, within two
business days of receipt, if they receive notice of a policy that has been
or will be suspended, canceled, materially changed for any reason, has
expired, or will be expiring. Such notice shall be sent directly to Maricopa
County Office of Procurement Services and shall be mailed or hand
delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or emailed to the
procurement officer noted in the solicitation.
4.7 FORCE MAJEURE
4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the
other party on account of any loss or damage resulting from any delay or failure to
perform all or any part of this contract, if such delay or failure is caused by events,
occurrences, or causes beyond the reasonable control and without negligence of
the parties. Such events, occurrences, or causes will include acts of God/nature
(including fire, flood, earthquake, storm, hurricane, or other natural disaster), war,
invasion, act of foreign enemies, hostilities (whether war is declared or not), civil
war, riots, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, lockout,
blockage, embargo, labor dispute, strike, and interruption or failure of electricity or
telecommunication service.
4.7.2 Each as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use
best efforts to remedy the situation and remove, as soon as practicable, the cause
of its inability to perform or comply.
4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the
burden of proving that reasonable steps were taken to minimize delay or damages
caused by foreseeable events, that all non-excused obligations were substantially
fulfilled, and that the other party was timely notified of the likelihood or actual
occurrence which would justify such an assertion, so that other prudent
precautions could be contemplated.
4.8 ORDERING AUTHORITY
Any request for purchase shall be accompanied by a valid purchase order issued by a
County department or directed by a Certified Agency Procurement Aid (CAPA) with a
purchase card for payment.
SERIAL 210109-S
4.9 AVAILABILITY OF FUNDS
4.9.1 The provisions of this contract relating to payment shall become effective when
funds assigned for the purpose of compensating the contractor as herein provided
are actually available to County for disbursement. The County will be the sole
judge and authority in determining the availability of funds under this contract.
County will keep the contractor fully informed as to the availability of funds.
4.9.2 If any action is taken by any State agency, Federal department, or any other
agency or instrumentality to suspend, decrease, or terminate its fiscal obligations
under, or in connection with, this contract, County may amend, suspend, decrease,
or terminate its obligations under, or in connection with, this contract. In the event
of termination, County will be liable for payment only for services rendered prior to
the effective date of the termination, provided that such services are performed in
accordance with the provisions of this contract. County will give written notice of
the effective date of any suspension, amendment, or termination under this
section, at least 10 days in advance.
4.10 PROCUREMENT CARD ORDERING CAPABILITY
County may opt to use a procurement card (VISA or Mastercard) to make payment for
orders under this contract.
4.11 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION
This contract does not guarantee any minimum or maximum purchases will be made.
Orders will only be placed under this contract when the County identifies a need and proper
authorization and documentation have been approved.
4.12 PURCHASE ORDERS
4.12.1 County reserves the right to cancel purchase orders within a reasonable period of
time after issuance. Should a purchase order be canceled, the County agrees to
reimburse the contractor for actual and documentable costs incurred by the
contractor in response to the purchase order. The County will not reimburse the
contractor for any costs incurred after receipt of County notice of cancellation, or
for lost profits, or for shipment of product prior to issuance of purchase order.
4.12.2 Contractor agrees to accept verbal notification of cancellation of purchase orders
from the County with written notification to follow. Contractor specifically
acknowledges to be bound by this cancellation policy.
4.13 SUSPENSION OF WORK
The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt
all or any part of the work of this contract for the period of time that the procurement officer
determines appropriate for the convenience of the County. No adjustment shall be made
under this clause for any suspension, delay, or interruption to the extent that performance
would have been so suspended, delayed, or interrupted by any other cause, including the
fault or negligence of the contractor. No request for adjustment under this clause shall be
granted unless the claim, in an amount stated, is asserted in writing as soon as practicable
after the termination of the suspension, delay, or interruption, but not later than the date of
final payment under the contract.
4.14 STOP WORK ORDER
4.14.1 The procurement officer may, at any time, by written order to the contractor, require
the contractor to stop all, or any part, of the work called for by this contract for a
period of 90 calendar days after the order is delivered to the contractor, and for
SERIAL 210109-S
any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order,
the contractor shall immediately comply with its terms and take all reasonable
steps to minimize the incurrence of costs allocable to the work covered by the order
during the period of work stoppage. Within a period of 90 calendar days after a
stop work order is delivered to the contractor, or within any extension of that period
to which the parties shall have agreed, the procurement officer shall either:
4.14.2 cancel the stop work order; or
4.14.3 terminate the work covered by the order as provided in the Termination for Default
or the Termination for Convenience clause of this contract.
4.14.4 The procurement officer may make an equitable adjustment in the delivery
schedule and/or contract price, and the contract shall be modified, in writing,
accordingly, if the contractor demonstrates that the stop work order resulted in an
increase in costs to the contractor.
4.15 TERMINATION FOR CONVENIENCE
Maricopa County may terminate the resultant contract for convenience by providing 60
calendar days advance notice to the contractor.
4.16 TERMINATION FOR DEFAULT
4.16.1 The County may, by written Notice of Default to the contractor, terminate this
contract in whole or in part if the contractor fails to:
4.16.1.1 deliver the supplies or to perform the services within the time specified in
this contract or any extension;
4.16.1.2 make progress, so as to endanger performance of this contract; or
4.16.1.3 perform any of the other provisions of this contract.
4.16.2 The County’s right to terminate this contract under these subparagraphs may be
exercised if the contractor does not cure such failure within 10 business days (or
more if authorized in writing by the County) after receipt of a Notice to Cure from
the procurement officer specifying the failure.
4.17 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County
may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating,
securing, drafting, or creating the contract on behalf of the County is at any time, while the
contract or any extension of the contract is in effect, an employee or agent of any other
party to the contract in any capacity or consultant to any other party of the contract with
respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved
in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County
from any other party to the contract arising as the result of the contract.
4.18 OFFSET FOR DAMAGES
In addition to all other remedies at Law or Equity, the County may offset from any money
due to the contractor any amounts contractor owes to the County for damages resulting
from breach or deficiencies in performance of the contract.
SERIAL 210109-S
4.19 SUBCONTRACTING
4.19.1 Contractor may not assign to another contractor or subcontract to another party
for performance of the terms and conditions hereof without the written consent of
the County. All correspondence authorizing subcontracting must reference the bid
serial number and identify the job or project.
4.19.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s
rate, as bid in the pricing section, unless the prime contractor is willing to absorb
any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime
contractor, who in turn shall pass-through the costs to the County, without mark-
up. A copy of the subcontractor’s invoice must accompany the prime contractor’s
invoice.
4.20 AMENDMENTS
All amendments to this contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
4.21 ADDITIONS/DELETIONS OF SERVICES
The County reserves the right to add and/or delete services to a contract. If additional
services are required from a contract, prices for such additions will be negotiated between
the contractor and the County.
4.22 RIGHTS IN DATA
4.22.1 The County shall have the use of data and reports resulting from a contract without
additional cost or other restriction except as may be established by law or
applicable regulation. Each party shall supply to the other party, upon request, any
available information that is relevant to a contract and to the performance
thereunder.
4.22.2 Data, records, reports, and all other information generated for the County by a third
party as the result of a contract are the property of the County and shall be provided
in a format designated by the County or shall be and remain accessible to the
County into perpetuity.
4.23 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW
4.23.1 In accordance with Section MC1-374 of the Maricopa County Procurement Code,
the contractor agrees to retain (physical or digital copies of) all books, records,
accounts, statements, reports, files, and other records and back-up documentation
relevant to this contract for six years after final payment or until after the resolution
of any audit questions which could be more than six years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the
department shall have full access to and the right to examine, copy, and make use
of, any and all said materials.
4.23.2 If the contractor’s books, records, accounts, statements, reports, files, and other
records and back-up documentation relevant to this contract are not sufficient to
support and document that requested services were provided, the contractor shall
reimburse Maricopa County for the services not so adequately supported and
documented.
SERIAL 210109-S
4.24 AUDIT DISALLOWANCES
If at any time it is determined by the County that a cost for which payment has been made
is a disallowed cost, the County shall notify the contractor in writing of the disallowance.
The course of action to address the disallowance shall be at sole discretion of the County,
and may include either an adjustment to future invoices, request for credit, request for a
check, or a deduction from current invoices submitted by the contractor equal to the amount
of the disallowance, or to require reimbursement forthwith of the disallowed amount by the
contractor by issuing a check payable to Maricopa County.
4.25 STRICT COMPLIANCE
Acceptance by County of a performance that is not in strict compliance with the terms of
the contract shall not be deemed to be a waiver of strict compliance with respect to all other
terms of the contract.
4.26 VALIDITY
The invalidity, in whole or in part, of any provision of this contract shall not void or affect
the validity of any other provision of the contract.
4.27 SEVERABILITY
The removal, in whole or in part, of any provision of this contract shall not void or affect the
validity of any other provision of this contract.
4.28 RELATIONSHIPS
4.28.1 In the performance of the services described herein, the contractor shall act solely
as an independent contractor, and nothing herein or implied herein shall at any
time be construed as to create the relationship of employer and employee, co-
employee, partnership, principal and agent, or joint venture between the County
and the contractor.
4.28.2 The County reserves the right of final approval on proposed staff. Also, upon
request by the County, the contractor will be required to remove any employees
working on County projects and substitute personnel based on the discretion of
the County within two business days, unless previously approved by the County.
4.29 NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09, including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends
Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full
herein. During the performance of this contract, contractor shall not discriminate against
any employee, client, or any other individual in any way because of that person’s age, race,
creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09
can be downloaded from the Arizona Memory Project at
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1.)
4.30 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01
If vendor engages in for-profit activity and has 10 or more employees, and if this agreement
has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees
for the duration of this agreement to not engage in, a boycott of goods or services from
Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a
regulation issued pursuant to 50 U.S.C. § 4842.
SERIAL 210109-S
4.31 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.31.1 The undersigned (authorized official signing on behalf of the contractor) certifies
to the best of his or her knowledge and belief that the contractor, its current officers,
and directors:
4.31.1.1 are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from being awarded any
contract or grant by any United States department or agency or any
state, or local jurisdiction;
4.31.1.2 have not within a three-year period preceding this contract:
4.31.1.2.1 been convicted of fraud or any criminal offense in
connection with obtaining, attempting to obtain, or as the
result of performing a government entity (Federal, State or
local) transaction or contract;
4.31.1.2.2 been convicted of violation of any Federal or State antitrust
statutes or conviction for embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property regarding a
government entity transaction or contract;
4.31.1.3 are not presently indicted or criminally charged by a government entity
(Federal, State or local) with commission of any criminal offenses in
connection with obtaining, attempting to obtain, or as the result of
performing a government entity public (Federal, State or local)
transaction or contract;
4.31.1.4 are not presently facing any civil charges from any governmental entity
regarding obtaining, attempting to obtain, or from performing any
governmental entity contract or other transaction; and
4.31.1.5 have not within a three-year period preceding this contract had any
public transaction (Federal, State or local) terminated for cause or
default.
4.31.2 If any of the above circumstances described in the paragraph are applicable to the
entity submitting a bid for this requirement, include with your bid an explanation of
the matter including any final resolution.
4.31.3 Contractor shall include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower
tier covered transactions related to this contract. If this clause is applicable to a
subcontractor, the contractor shall include the information required by this clause
with their bid.
4.32 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS
4.32.1 By entering into the contract, the contractor warrants compliance with the
Immigration and Nationality Act (INA using E-Verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. § 23-214(A). Contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the procurement officer
upon request. These warranties shall remain in effect through the term of the
contract. Contractor and its subcontractors shall also maintain Employment Eligibility
Verification forms (I-9) as required by the Immigration Reform and Control Act of
SERIAL 210109-S
1986, as amended from time to time, for all employees performing work under the
contract and verify employee compliance using the E-Verify system and shall keep
a record of the verification for the duration of the employee’s employment or at least
three years, whichever is longer. I-9 forms are available for download at
www.uscis.gov.
4.32.2 The County retains the legal right to inspect documents of contractor and
subcontractor employees performing work under this contract to verify compliance
with paragraph 4.32.1 of this section. Contractor and subcontractor shall be given
reasonable notice of the County’s intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed
by law, including, but not limited to: suspension of work, termination of the contract
for default, and suspension and/or debarment of the contractor. All costs necessary
to verify compliance are the responsibility of the contractor
4.33 CONTRACTOR LICENSE REQUIREMENT
4.33.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges
and fees necessary and incidental to the lawful conduct of his/her business, and
as necessary complete any requirements, by any and all governmental or non-
governmental entities as mandated to maintain compliance with and remain in
good standing. Contractor shall keep fully informed of existing and future trade or
industry requirements, and Federal, State, and local laws, ordinances, and
regulations which in any manner affect the fulfillment of a contract and shall comply
with the same. Contractor shall immediately notify both Office of Procurement
Services and the department of any and all changes concerning permits,
insurance, or licenses.
4.33.2 Contractor furnishing finished products, materials, or articles of merchandise that
will require installation or attachment as part of the contract shall possess any
licenses required. Contractor is not relieved of its obligation to obtain and possess
the required licenses by subcontracting of the labor portion of the contract.
Contractors are advised to contact the Arizona Registrar of Contractors, Chief of
Licensing, to ascertain licensing requirements for a particular contract. Contractor
shall identify which license(s), if any, the Registrar of Contractors requires for
performance of the contract.
4.34 INFLUENCE
4.34.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort
to influence an employee or agent to breach the Maricopa County Ethical Code of
Conduct or any ethical conduct, may be grounds for disbarment or suspension
under MC1-902.
4.34.2 An attempt to influence includes, but is not limited to:
4.34.2.1 A person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type of
valuable contribution or subsidy that is offered or given with the intent to
influence a decision, obtain a contract, garner favorable treatment, or
gain favorable consideration of any kind.
4.34.3 If a person attempts to influence any employee or agent of Maricopa County, the
chief procurement officer, or his designee, reserves the right to seek any remedy
provided by the Maricopa County Procurement Code, any remedy in equity or in
the law, or any remedy provided by this contract.
SERIAL 210109-S
4.34.4 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY
COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT
SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS
THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH
THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION,
ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT
AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM
THE EVALUATION PROCESS.
4.35 CONFIDENTIALITY
In the course of the solicitation process, the County may disclose information that is
proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that,
except as necessary to prepare a response to this solicitation, neither it nor its agents or
employees will communicate, divulge, or disseminate to any third-party persons or entities,
any information that is disclosed to it by the County during the course of these discussions
without the express written authorization of the County. If the offeror does disclose County
proprietary or confidential information to a third-party in preparing a response to this
solicitation, it shall require the third-party to acknowledge and comply with this provision.
4.36 CONFIDENTIAL INFORMATION
4.36.1 Any information obtained in the course of performing this contract may include
information that is proprietary or confidential to the County. This provision
establishes the contractor’s obligation regarding such information.
4.36.2 Contractor shall establish and maintain procedures and controls that are adequate
to assure that no information contained in its records and/or obtained from the
County or from others in carrying out its functions (services) under the contract
shall be used by or disclosed by it, its agents, officers, or employees, except as
required to efficiently perform duties under the contract. Contractor’s procedures
and controls, at a minimum, must be the same procedures and controls it uses to
protect its own proprietary or confidential information. If, at any time during the
duration of the contract, the County determines that the procedures and controls
in place are not adequate, the contractor shall institute any new and/or additional
measures requested by the County within 15 business days of the written request
to do so.
4.36.3 Any requests to the contractor for County proprietary or confidential information
shall be referred to the County for review and approval, prior to any dissemination.
4.37 PUBLIC RECORDS
Under Arizona law, all offers submitted and opened are public records and must be
retained by the records manager at the Maricopa County Office of Procurement Services.
Offers shall be open to public inspection and copying after contract award and execution,
except for such offers or sections thereof determined to contain proprietary or confidential
information by the Office of Procurement Services. If an offeror believes that information in
its offer or any resulting contract should not be released in response to a public record
request, under Arizona law, the offeror shall indicate the specific information deemed
confidential or proprietary and submit a statement with its offer detailing the reasons that
the information should not be disclosed. Such reasons shall include the specific harm or
prejudice which may arise from disclosure. The records manager of the Office of
Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
SERIAL 210109-S
4.38 INTEGRATION
This contract represents the entire and integrated agreement between the parties and
supersedes all prior negotiations, proposals, communications, understandings,
representations, or agreements, whether oral or written, expressed, or implied.
4.39 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this contract, the contractor agrees to comply with all applicable provisions
of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL
AWARDS contained in Title 2 C.F.R. § 200 et seq.
4.40 GOVERNING LAW
This contract shall be governed by the laws of the State of Arizona. Venue for any actions
or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix,
Arizona.