HomeMy WebLinkAboutC2022-080 - Roadsafe Traffic Systems1
Contract No. 2022-080
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ROADSAFE TRAFFIC SYSTEMS, INC.
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into
as of April 10, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the
“Town”), and Roadsafe Traffic Systems, Inc., a(n) Delaware corporation (the “Contractor”).
RECITALS
A. After a competitive procurement process, Maricopa County (“County”) entered into
Contract No. 1801266-S, dated January 25, 2018, as amended (collectively, the “County Contract”)
for the Contractor to provide Temporary Traffic Control Services. 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 Temporary Traffic Control Services (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 January 31, 2023 (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
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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 amount not to exceed
$50,000 for the Materials and Services at the rates that shall be agreed upon by the parties. The
aggregate amount per renewal 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
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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
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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 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
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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: Roadsafe Traffic Systems, Inc.
3015 E. Illini St.
Phoenix, Arizona 85040
Attn: Jeff Meirick
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 (Apr 13, 2022 14:33 PDT)
“Contractor”
____________________________________,
By:
Name:
Title:
Roadsafe Traffic Systems, Inc., a(n) Delaware corporation
Branch Manager
melody castilleja
EXHIBIT A
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ROADSAFE TRAFFIC SYSTEMS, INC.
.
[County Contract]
See following pages.
SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES
DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023
CONTRACT PERIOD THROUGH January 31, 2020 2022 2023
TO: All Departments
FROM: Office of Procurement Services
SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES
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 25, 2018 (Eff. 2/1/2018).
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/yy
Attach
Copy to: Office of Procurement Services
Martie Harrell, MCDOT
Suzie Williams, MCDOT
(Please remove Serial 11087-S from your contract notebooks)
SERIAL 180126-S
ACTION BARRICADE LLC, 1802 N. 27TH AVE PHOENIX, AZ 85009
COMPANY NAME:Action Barricade LLC
DOING BUSINESS AS (dba):Action Barricade
MAILING ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009
REMIT TO ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009
TELPHONE NUMBER:602-288-6350
FAX NUMBER:602-288-6360
WWW ADDRESS:none
REPRESENTATIVE NAME:Robert Brand
REPRESENTATIVE TELEPHONE NUMBER:602-288-6350
REPRESENTATIVE EMAIL ADDRESS rbrand@actionbarricade.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT
NET 30 DAYS
PRIMARY
Lot: SIGNS
Item
Est. Annual
Rental Units Unit Price Total
Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.65 $1,950.00
Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.55 $2,200.00
Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00
Lot: WARNING LIGHTS (FLASHERS)
Item
Est. Annual
Rental Units Unit Price Total
Type A Low Intensity Flashing warning light 1000 day $0.15 $150.00
Type B High Intensity Flashing warning light 5000 day $0.25 $1,250.00
Type C Low Intensity Steady Burn warning light 10000 day $0.19 $1,900.00
Type D 360 Degree Steady Burn warning light 10 day $0.15 $1.50
Lot: BARRICADES CONES MISCELLANEOUS
Item
Est. Annual
Rental Units Unit Price Total
Type I Barricade -Vertical Panel 1000 day $0.20 $200.00
Type II Barricade 9000 day $0.20 $1,800.00
Type III Barricade 700 day $0.45 $315.00
Portable Sign Stand (spring stand)750 day $0.70 $525.00
Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00
Traffic Cone Reflectorized 28 Inches day $0.20 $0.20
Sand Bag 10000 day $0.05 $500.00
Flag 2000 day $0.15 $300.00
Arrow Boards 50 day $17.00 $850.00
SERIAL 180126-S
ACTION BARRICADE LLC
Item
Est. Annual
Rental Units Unit Price Total
Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.10 $10.00
End Section(s) for above Barriers day $25.00 $25.00
Channelizing Drums day $0.30 $0.30
6 Foot Temporary Longitudinal Traffic Barriers water
filled (Jersey Type)100 day $1.75 $175.00
Portable Variable Message Signs Three-Line 50 day $30.00 $1,500.00
Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00
Lot: PILOT CAR RENTAL WITH DRIVER
Item
Est. Annual
Rental Units Unit Price Total
Pilot Car w/Driver 2000 hr $49.00 $98,000.00
Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR
Item
Est. Annual
Rental Units Unit Price Total
Barricade Truck w/Driver 5600 hr $49.00 $274,400.00
Truck Mounted Attenuator w/Driver 25 hr $49.00 $1,225.00
Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR
Item
Est. Annual
Rental Units Unit Price Total
Flagger w/flagger paddle (Does not include truck)5820 hr $35.00 $203,700.00
Traffic Control Technician Does not include truck 2800 hr $35.00 $98,000.00
Lot: PURCHASE AND INSTALLATION OF
SUPPLIES
Item
Est. Annual
Rental Units Unit Price Total
2-Way Double-faced chip seal road markers with
double clear protective cover 10500 each
$2.25 $23,625.00
2-Way Raised Pavement Marker Blue (installed)each $4.00 $4.00
1-way Chip seal marker with double clear protective
cover 3000 each $1.75 $5,250.00
Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME)
Item
Est. Annual
Rental Units Unit Price Total
Zone 1 1 day $48.00 $48.00
Zone 2 1 day $99.00 $99.00
Zone 3 1 day $135.00 $135.00
SERIAL 180126-S
ACTION BARRICADE LLC
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours
Item
Est. Annual Rental
Units Unit Price Extended
AZDPS 4 hour $80.00 $320.00
MCSO 4 hour $80.00 $320.00
Phoenix 4 hour $70.00 $280.00
Mesa 4 hour $70.00 $280.00
Glendale 4 hour $70.00 $280.00
Gilbert 4 hour $90.00 $360.00
Scottsdale 4 hour $75.00 $300.00
Tempe 4 hour $95.00 $380.00
Peoria 4 hour $70.00 $280.00
Goodyear 4 hour $75.00 $300.00
Wickenburg 4 hour $75.00 $300.00
Fountain Hills 4 hour $80.00 $320.00
Chandler 4 hour $90.00 $360.00
Buckeye 4 hour $80.00 $320.00
El Mirage 4 hour $75.00 $300.00
Surprise 4 hour $80.00 $320.00
Avondale 4 hour $75.00 $300.00
Gila River 4 hour $90.00 $360.00
AZ Parks 4 hour $90.00 $360.00
Small Town 4 hour $90.00 $360.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime
AZDPS 1 hour $120.00 $120.00
MCSO 1 hour $120.00 $120.00
Phoenix 1 hour $105.00 $105.00
Mesa 1 hour $105.00 $105.00
Glendale 1 hour $105.00 $105.00
Gilbert 1 hour $135.00 $135.00
Scottsdale 1 hour $115.00 $115.00
Tempe 1 hour $140.00 $140.00
Peoria 1 hour $105.00 $105.00
Goodyear 1 hour $110.00 $110.00
Wickenburg 1 hour $110.00 $110.00
Fountain Hills 1 hour $120.00 $120.00
Chandler 1 hour $135.00 $135.00
Buckeye 1 hour $120.00 $120.00
El Mirage 1 hour $115.00 $115.00
Surprise 1 hour $120.00 $120.00
Avondale 1 hour $110.00 $110.00
SERIAL 180126-S
ACTION BARRICADE LLC
Item
Est. Annual Rental
Units Unit Price Extended
Gila River 1 hour $135.00 $135.00
AZ Parks 1 hour $135.00 $135.00
Small Town 1 hour $135.00 $135.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate
AZDPS 1 hour $20.00 $20.00
MCSO 1 hour $20.00 $20.00
Phoenix 1 hour $7.50 $7.50
Mesa 1 hour $7.50 $7.50
Glendale 1 hour $7.50 $7.50
Gilbert 1 hour $7.50 $7.50
Scottsdale 1 hour $7.50 $7.50
Tempe 1 hour $7.50 $7.50
Peoria 1 hour $7.50 $7.50
Goodyear 1 hour $7.50 $7.50
Wickenburg 1 hour $20.00 $20.00
Fountain Hills 1 hour $7.50 $7.50
Chandler 1 hour $7.50 $7.50
Buckeye 1 hour $7.50 $7.50
El Mirage 1 hour $7.50 $7.50
Surprise 1 hour $7.50 $7.50
Avondale 1 hour $7.50 $7.50
Gila River 1 hour $20.00 $20.00
AZ Parks 1 hour $20.00 $20.00
Small Town 1 hour $20.00 $20.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage
AZDPS 1 mile $1.00 $1.00
MCSO 1 mile $1.00 $1.00
Phoenix 1 mile $1.00 $1.00
Mesa 1 mile $1.00 $1.00
Glendale 1 mile $1.00 $1.00
Gilbert 1 mile $1.00 $1.00
Scottsdale 1 mile $1.00 $1.00
Tempe 1 mile $1.00 $1.00
Peoria 1 mile $1.00 $1.00
Goodyear 1 mile $1.00 $1.00
Wickenburg 1 mile $1.00 $1.00
SERIAL 180126-S
ACTION BARRICADE LLC
Fountain Hills 1 mile $1.00 $1.00
Chandler 1 mile $1.00 $1.00
Buckeye 1 mile $1.00 $1.00
Item
Est. Annual Rental
Units Unit Price Extended
El Mirage 1 mile $1.00 $1.00
Surprise 1 mile $1.00 $1.00
Avondale 1 mile $1.00 $1.00
Gila River 1 mile $1.00 $1.00
AZ Parks 1 mile $1.00 $1.00
Small Town 1 mile $1.00 $1.00
PRICING SHEET: NIGP CODE 968-84
Terms: NET 30
Vendor Number: VC0000001722
Certificates of Insurance Required
Contract Period: To cover the period ending January 31, 2020.
REMOVED FROM CONTRACT EFF. 01/31/20
SERIAL 180126-S
BOB'S BARRICADES INC, 1645 S 39TH AVENUE, PHOENIX, AZ 85009
921 SHOTGUN RD, SUNRISE, FL 33326-1910
COMPANY NAME:Bob's Barricades Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:1645 South 39th Avenue, Phoenix, Arizona 85009
921 Shotgun Rd
REMIT TO ADDRESS:921 Shotgun Rd
LOCAL ADDRESS 1645 South 39th Avenue, Phoenix, Arizona 85009
TELPHONE NUMBER:954-423-2627
FAX NUMBER:954-473-8737
WWW ADDRESS:www.bobsbarricades.com
REPRESENTATIVE NAME:Happy Alter
REPRESENTATIVE TELEPHONE NUMBER:954-423-2627
REPRESENTATIVE EMAIL ADDRESS jelbert@bobsbarricadeds.com
mdavidson@bobsbarricades.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT
NET 30 DAYS
SECONDARY 1ST CALL
Lot: SIGNS
Item
Est. Annual
Rental Units Unit Price Total
Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.75 $2,250.00
Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.45 $1,800.00
Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00
Lot: WARNING LIGHTS (FLASHERS)
Item
Est. Annual
Rental Units Unit Price Total
Type A Low Intensity Flashing warning light 1000 day $0.20 $200.00
Type B High Intensity Flashing warning light 5000 day $0.20 $1,000.00
Type C Low Intensity Steady Burn warning light 10000 day $0.20 $2,000.00
Type D 360 Degree Steady Burn warning light 10 day $0.20 $2.00
Lot: BARRICADES CONES MISCELLANEOUS
Item
Est. Annual
Rental Units Unit Price Total
Type I Barricade -Vertical Panel 1000 day $0.40 $400.00
Type II Barricade 9000 day $0.40 $3,600.00
Type III Barricade 700 day $0.40 $280.00
Portable Sign Stand (spring stand)750 day $0.50 $375.00
SERIAL 180126-S
BOB'S BARRICADES INC
Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00
Traffic Cone Reflectorized 28 Inches day $0.30 $0.30
Sand Bag 10000 day $0.50 $5,000.00
Flag 2000 day $0.10 $200.00
Arrow Boards 50 day $20.00 $1,000.00
Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.13 $13.00
End Section(s) for above Barriers day $25.00 $25.00
Channelizing Drums day $0.40 $0.40
6 Foot Temporary Longitudinal Traffic Barriers water
filled (Jersey Type)100 day $5.50 $550.00
Portable Variable Message Signs Three-Line 50 day $25.00 $1,250.00
Temporary Traffic Barriers (Installation/Removal)foot $30.00 $30.00
Lot: PILOT CAR RENTAL WITH DRIVER
Item
Est. Annual
Rental Units Unit Price Total
Pilot Car w/Driver 2000 hr $45.00 $90,000.00
Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK
MOUNTED ATTENUATOR
Item
Est. Annual
Rental Units Unit Price Total
Barricade Truck w/Driver 5600 hr $50.00 $280,000.00
Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00
Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN
TRAFFIC SUPERVISOR
Item
Est. Annual
Rental Units Unit Price Total
Flagger w/flagger paddle (Does not include truck)5820 hr $39.00 $226,980.00
Traffic Control Technician Does not include truck 2800 hr $40.00 $112,000.00
Lot: PURCHASE AND INSTALLATION OF SUPPLIES
Item
Est. Annual
Rental Units Unit Price Total
2-Way Double-faced chip seal road markers with
double clear protective cover 10500 each $2.50 $26,250.00
2-Way Raised Pavement Marker Blue (installed)each $3.50 $3.50
1-way Chip seal marker with double clear protective
cover 3000 each
$1.90 $5,700.00
SERIAL 180126-S
BOB'S BARRICADES INC
Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME)
Item
Est. Annual
Rental Units Unit Price Total
Zone 1 1 day $50.00 $50.00
Zone 2 1 day $80.00 $80.00
Zone 3 1 day $125.00 $125.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours
Item
Est. Annual
Rental Units Unit Price Extended
AZDPS 4 hour $57.00 $228.00
MCSO 4 hour $62.50 $250.00
Phoenix 4 hour $52.50 $210.00
Mesa 4 hour $62.50 $250.00
Glendale 4 hour $62.50 $250.00
Gilbert 4 hour $73.00 $292.00
Scottsdale 4 hour $62.50 $250.00
Tempe 4 hour $77.00 $308.00
Peoria 4 hour $62.50 $250.00
Goodyear 4 hour $62.50 $250.00
Wickenburg 4 hour $50.00 $200.00
Fountain Hills 4 hour $62.50 $250.00
Chandler 4 hour $70.18 $280.72
Buckeye 4 hour $62.50 $250.00
El Mirage 4 hour $62.50 $250.00
Surprise 4 hour $62.50 $250.00
Avondale 4 hour $62.50 $250.00
Gila River 4 hour $62.50 $250.00
AZ Parks 4 hour $62.50 $250.00
Small Town 4 hour $62.50 $250.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime
AZDPS 1 hour $85.50 $85.50
MCSO 1 hour $93.75 $93.75
Phoenix 1 hour $93.75 $93.75
Mesa 1 hour $93.75 $93.75
Glendale 1 hour $93.75 $93.75
Gilbert 1 hour $109.50 $109.50
Scottsdale 1 hour $93.75 $93.75
Tempe 1 hour $115.50 $115.50
Peoria 1 hour $93.75 $93.75
Goodyear 1 hour $93.75 $93.75
Wickenburg 1 hour $75.00 $75.00
Fountain Hills 1 hour $93.75 $93.75
SERIAL 180126-S
BOB'S BARRICADES INC
Chandler 1 hour $93.75 $93.75
Buckeye 1 hour $93.75 $93.75
El Mirage 1 hour $93.75 $93.75
Surprise 1 hour $93.75 $93.75
Avondale 1 hour $93.75 $93.75
Item
Est. Annual
Rental Units Unit Price Extended
Gila River 1 hour $93.75 $93.75
AZ Parks 1 hour $75.00 $75.00
Small Town 1 hour $75.00 $75.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate
AZDPS 1 hour $12.75 $12.75
MCSO 1 hour $9.00 $9.00
Phoenix 1 hour $9.00 $9.00
Mesa 1 hour $5.00 $5.00
Glendale 1 hour $9.00 $9.00
Gilbert 1 hour $9.00 $9.00
Scottsdale 1 hour $9.00 $9.00
Tempe 1 hour $9.00 $9.00
Peoria 1 hour $9.00 $9.00
Goodyear 1 hour $9.00 $9.00
Wickenburg 1 hour $5.00 $5.00
Fountain Hills 1 hour $9.00 $9.00
Chandler 1 hour $9.00 $9.00
Buckeye 1 hour $5.00 $5.00
El Mirage 1 hour $9.00 $9.00
Surprise 1 hour $9.00 $9.00
Avondale 1 hour $9.00 $9.00
Gila River 1 hour $9.00 $9.00
AZ Parks 1 hour $9.00 $9.00
Small Town 1 hour $9.00 $9.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage
AZDPS 1 mile $0.00 $0.00
MCSO 1 mile $0.33 $0.33
Phoenix 1 mile $0.33 $0.33
Mesa 1 mile $0.33 $0.33
Glendale 1 mile $0.33 $0.33
Gilbert 1 mile $0.33 $0.33
Scottsdale 1 mile $0.33 $0.33
Tempe 1 mile $0.33 $0.33
Peoria 1 mile $0.33 $0.33
SERIAL 180126-S
BOB'S BARRICADES INC
Goodyear 1 mile $0.33 $0.33
Wickenburg 1 mile $0.33 $0.33
Fountain Hills 1 mile $0.33 $0.33
Chandler 1 mile $0.33 $0.33
Buckeye 1 mile $0.00 $0.00
El Mirage 1 mile $0.33 $0.33
Surprise 1 mile $0.33 $0.33
Avondale 1 mile $0.33 $0.33
Gila River 1 mile $0.33 $0.33
AZ Parks 1 mile $0.33 $0.33
Small Town 1 mile $0.33 $0.33
PRICING SHEET: NIGP CODE 96884
Terms: NET 30
Vendor Number: VS0000002297
Certificates of Insurance Required
Contract Period: To cover the period ending January 31, 2020 2022 2023.
SERIAL 180126-S
NATIONAL BARRICADE COMPANY LLC, 7326 N GLEN HARBOR BLVD., GLENDALE, AZ 85307
1645 SOUTH 39TH AVENUE, PHOENIX, ARIZONA 85009
COMPANY NAME:National Barricade Company LLC
DOING BUSINESS AS (dba):
MAILING ADDRESS:7326 N. Glen Harbor Blvd.
REMIT TO ADDRESS:7326 N. Glen Harbor Blvd.
TELPHONE NUMBER:623-879-4695
FAX NUMBER:623-879-4683
WWW ADDRESS:
REPRESENTATIVE NAME:Charles Anderson
REPRESENTATIVE TELEPHONE NUMBER:623-879-4695
REPRESENTATIVE EMAIL ADDRESS canderson@gonbc.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT
NET 30 DAYS
TERTIARY 2ND CALL
Lot: SIGNS
Item
Est. Annual
Rental Units Unit Price Total
Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.70 $2,100.00
Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.60 $2,400.00
Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.50 $2,000.00
Lot: WARNING LIGHTS (FLASHERS)
Item
Est. Annual
Rental Units Unit Price Total
Type A Low Intensity Flashing warning light 1000 day $0.21 $210.00
Type B High Intensity Flashing warning light 5000 day $0.75 $3,750.00
Type C Low Intensity Steady Burn warning light 10000 day $0.30 $3,000.00
Type D 360 Degree Steady Burn warning light 10 day $1.25 $12.50
Lot: BARRICADES CONES MISCELLANEOUS
Item
Est. Annual
Rental Units Unit Price Total
Type I Barricade -Vertical Panel 1000 day $0.32 $320.00
Type II Barricade 9000 day $0.32 $2,880.00
Type III Barricade 700 day $0.65 $455.00
Portable Sign Stand (spring stand)750 day $1.25 $937.50
Traffic Cone Non-Reflectorized 28"5000 day $0.32 $1,600.00
Traffic Cone Reflectorized 28 Inches day $0.37 $0.37
Sand Bag 10000 day $0.40 $4,000.00
SERIAL 180126-S
NATIONAL BARRICADE COMPANY LLC
Flag 2000 day $0.50 $1,000.00
Arrow Boards 50 day $20.00 $1,000.00
Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00
End Section(s) for above Barriers day $24.00 $24.00
Channelizing Drums day $1.50 $1.50
6 Foot Temporary Longitudinal Traffic Barriers
water filled (Jersey Type)100 day $2.25 $225.00
Portable Variable Message Signs Three-Line 50 day $40.00 $2,000.00
Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00
Lot: PILOT CAR RENTAL WITH DRIVER
Item
Est. Annual
Rental Units Unit Price Total
Pilot Car w/Driver 2000 hr $53.15 $106,300.00
Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR
Item
Est. Annual
Rental Units Unit Price Total
Barricade Truck w/Driver 5600 hr $53.15 $280,000.00
Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00
Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR
Item
Est. Annual
Rental Units Unit Price Total
Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00
Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00
Lot: PURCHASE AND INSTALLATION OF SUPPLIES
Item
Est. Annual
Rental Units Unit Price Total
2-Way Double-faced chip seal road markers with
double clear protective cover 10500 each
$2.00 $21,000.00
2-Way Raised Pavement Marker Blue (installed)each $3.00 $3.00
1-way Chip seal marker with double clear protective
cover 3000 each $2.00 $6,000.00
Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME)
Item
Est. Annual
Rental Units Unit Price Total
Zone 1 1 day $53.15 $53.15
Zone 2 1 day $106.30 $106.30
Zone 3 1 day $159.45 $159.45
SERIAL 180126-S
NATIONAL BARRICADE COMPANY LLC
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours
Item
Est. Annual
Rental Units Unit Price Extended
AZDPS 4 hour $77.50 $310.00
MCSO 4 hour $75.00 $300.00
Phoenix 4 hour $70.00 $280.00
Mesa 4 hour $70.00 $280.00
Glendale 4 hour $65.00 $260.00
Gilbert 4 hour $83.00 $332.00
Scottsdale 4 hour $77.50 $310.00
Tempe 4 hour $82.60 $330.40
Peoria 4 hour $75.00 $300.00
Goodyear 4 hour $70.00 $280.00
Wickenburg 4 hour $77.50 $310.00
Fountain Hills 4 hour $75.00 $300.00
Chandler 4 hour $86.18 $344.72
Buckeye 4 hour $70.00 $280.00
El Mirage 4 hour $70.00 $280.00
Surprise 4 hour $65.00 $260.00
Avondale 4 hour $75.00 $300.00
Gila River 4 hour $75.00 $300.00
AZ Parks 4 hour $65.00 $260.00
Small Town 4 hour $75.00 $300.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime
AZDPS 1 hour $111.25 $111.25
MCSO 1 hour $107.50 $107.50
Phoenix 1 hour $100.00 $100.00
Mesa 1 hour $100.00 $100.00
Glendale 1 hour $107.50 $107.50
Gilbert 1 hour $119.50 $119.50
Scottsdale 1 hour $111.25 $111.25
Tempe 1 hour $133.90 $133.90
Peoria 1 hour $107.50 $107.50
Goodyear 1 hour $100.00 $100.00
Wickenburg 1 hour $111.25 $111.25
Fountain Hills 1 hour $107.50 $107.50
Chandler 1 hour $124.27 $124.27
Buckeye 1 hour $100.00 $100.00
El Mirage 1 hour $100.00 $100.00
Surprise 1 hour $107.50 $107.50
Avondale 1 hour $107.50 $107.50
SERIAL 180126-S
NATIONAL BARRICADE COMPANY LLC
Gila River 1 hour $107.50 $107.50
AZ Parks 1 hour $107.50 $107.50
Small Town 1 hour $107.50 $107.50
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate
AZDPS 1 hour $13.75 $13.75
MCSO 1 hour $13.75 $13.75
Phoenix 1 hour $13.75 $13.75
Mesa 1 hour $13.75 $13.75
Glendale 1 hour $13.75 $13.75
Gilbert 1 hour $13.75 $13.75
Scottsdale 1 hour $13.75 $13.75
Tempe 1 hour $13.75 $13.75
Peoria 1 hour $13.75 $13.75
Goodyear 1 hour $13.75 $13.75
Wickenburg 1 hour $13.75 $13.75
Fountain Hills 1 hour $13.75 $13.75
Chandler 1 hour $13.75 $13.75
Buckeye 1 hour $13.75 $13.75
El Mirage 1 hour $13.75 $13.75
Surprise 1 hour $13.75 $13.75
Avondale 1 hour $13.75 $13.75
Gila River 1 hour $13.75 $13.75
AZ Parks 1 hour $13.75 $13.75
Small Town 1 hour $13.75 $13.75
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage
AZDPS 1 mile $0.00 $0.00
MCSO 1 mile $0.00 $0.00
Phoenix 1 mile $0.00 $0.00
Mesa 1 mile $0.00 $0.00
Glendale 1 mile $0.00 $0.00
Gilbert 1 mile $0.00 $0.00
Scottsdale 1 mile $0.00 $0.00
Tempe 1 mile $0.00 $0.00
Peoria 1 mile $0.00 $0.00
Goodyear 1 mile $0.00 $0.00
Wickenburg 1 mile $0.00 $0.00
Fountain Hills 1 mile $0.00 $0.00
Chandler 1 mile $0.00 $0.00
Buckeye 1 mile $0.00 $0.00
SERIAL 180126-S
NATIONAL BARRICADE COMPANY LLC
El Mirage 1 mile $0.00 $0.00
Surprise 1 mile $0.00 $0.00
Avondale 1 mile $0.00 $0.00
Gila River 1 mile $0.00 $0.00
AZ Parks 1 mile $0.00 $0.00
Small Town 1 mile $0.00 $0.00
PRICING SHEET: NIGP CODE 968-84
Terms: NET 30
Vendor Number: VS0000002303
Certificates of Insurance Required
Contract Period: To cover the period ending January 31, 2020 2022 2023.
SERIAL 180126-S
ROADSAFE TRAFFIC SYSTEMS INC., 3015 E. ILLINI ST, PHOENIX, AZ 85040
COMPANY NAME:RoadSafe Traffic Systems, Inc.
DOING BUSINESS AS (dba):
MAILING ADDRESS:3015 East Illini St
REMIT TO ADDRESS:Phoenix, AZ 85040
TELPHONE NUMBER:602-243-1218
FAX NUMBER:602-243-3470
WWW ADDRESS:www.roadsafetraffic.com
REPRESENTATIVE NAME:Jeff Meirick
REPRESENTATIVE TELEPHONE NUMBER:480-352-3710
REPRESENTATIVE EMAIL ADDRESS jmeirick@roadsafetraffic.com
bhengen@roadsafetraffic.com
YES NO REBATE
WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE
FROM THIS CONTRACT:
WILL ACCEPT PROCUREMENT CARD FOR PAYMENT
NET 30 DAYS
QUATERNARY TERTIARY
Lot: SIGNS
Item
Est. Annual
Rental Units Unit Price Total
Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $1.75 $5,250.00
Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $1.00 $4,000.00
Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.75 $3,000.00
Lot: WARNING LIGHTS (FLASHERS)
Item
Est. Annual
Rental Units Unit Price Total
Type A Low Intensity Flashing warning light 1000 day $0.25 $250.00
Type B High Intensity Flashing warning light 5000 day $1.00 $5,000.00
Type C Low Intensity Steady Burn warning light 10000 day $0.25 $2,500.00
Type D 360 Degree Steady Burn warning light 10 day $3.50 $35.00
Lot: BARRICADES CONES MISCELLANEOUS
Item
Est. Annual
Rental Units Unit Price Total
Type I Barricade -Vertical Panel 1000 day $0.50 $500.00
Type II Barricade 9000 day $0.50 $4,500.00
Type III Barricade 700 day $1.00 $700.00
Portable Sign Stand (spring stand)750 day $1.50 $1,125.00
Traffic Cone Non-Reflectorized 28"5000 day $0.50 $2,500.00
Traffic Cone Reflectorized 28 Inches day $0.50 $0.50
Sand Bag 10000 day $0.50 $5,000.00
SERIAL 180126-S
ROADSAFE TRAFFIC SYSTEMS INC.,
Flag 2000 day $1.00 $2,000.00
Arrow Boards 50 day $20.00 $1,000.00
Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00
End Section(s) for above Barriers day $285.00 $285.00
Channelizing Drums day $2.00 $2.00
6 Foot Temporary Longitudinal Traffic Barriers water
filled (Jersey Type)100 day $2.50 $250.00
Portable Variable Message Signs Three-Line 50 day $55.00 $2,750.00
Temporary Traffic Barriers (Installation/Removal)foot $12.00 $12.00
Lot: PILOT CAR RENTAL WITH DRIVER
Item
Est. Annual
Rental Units Unit Price Total
Pilot Car w/Driver 2000 hr $50.00 $100,000.00
Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR
Item
Est. Annual
Rental Units Unit Price Total
Barricade Truck w/Driver 5600 hr $55.00 $308,000.00
Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00
Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR
Item
Est. Annual
Rental Units Unit Price Total
Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00
Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00
Lot: PURCHASE AND INSTALLATION OF SUPPLIES
Item
Est. Annual
Rental Units Unit Price Total
2-Way Double-faced chip seal road markers with
double clear protective cover 10500 each
$2.00 $21,000.00
2-Way Raised Pavement Marker Blue (installed)each $2.50 $2.50
1-way Chip seal marker with double clear protective
cover 3000 each $2.00 $6,000.00
Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME)
Item
Est. Annual
Rental Units Unit Price Total
Zone 1 1 day $75.00 $75.00
Zone 2 1 day $125.00 $125.00
Zone 3 1 day $150.00 $150.00
SERIAL 180126-S
ROADSAFE TRAFFIC SYSTEMS INC.,
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours
Item
Est. Annual
Rental Units Unit Price Extended
AZDPS 4 hour $66.00 $264.00
MCSO 4 hour $72.00 $288.00
Phoenix 4 hour $62.00 $248.00
Mesa 4 hour $73.00 $292.00
Glendale 4 hour $62.00 $248.00
Gilbert 4 hour $85.00 $340.00
Scottsdale 4 hour $70.00 $280.00
Tempe 4 hour $92.00 $368.00
Peoria 4 hour $62.00 $248.00
Goodyear 4 hour $67.00 $268.00
Wickenburg 4 hour $62.00 $248.00
Fountain Hills 4 hour $73.00 $292.00
Chandler 4 hour $88.00 $352.00
Buckeye 4 hour $62.00 $248.00
El Mirage 4 hour $62.00 $248.00
Surprise 4 hour $76.00 $304.00
Avondale 4 hour $62.00 $248.00
Gila River 4 hour $62.00 $248.00
AZ Parks 4 hour $62.00 $248.00
Small Town 4 hour $62.00 $248.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime
AZDPS 1 hour $99.00 $99.00
MCSO 1 hour $123.00 $123.00
Phoenix 1 hour $93.00 $93.00
Mesa 1 hour $109.50 $109.50
Glendale 1 hour $93.00 $93.00
Gilbert 1 hour $127.50 $127.50
Scottsdale 1 hour $105.00 $105.00
Tempe 1 hour $138.00 $138.00
Peoria 1 hour $93.00 $93.00
Goodyear 1 hour $100.50 $100.50
Wickenburg 1 hour $93.00 $93.00
Fountain Hills 1 hour $109.50 $109.50
Chandler 1 hour $133.50 $133.50
Buckeye 1 hour $93.00 $93.00
El Mirage 1 hour $93.00 $93.00
Surprise 1 hour $114.00 $114.00
Avondale 1 hour $93.00 $93.00
SERIAL 180126-S
ROADSAFE TRAFFIC SYSTEMS INC.,
Gila River 1 hour $93.00 $93.00
AZ Parks 1 hour $93.00 $93.00
Small Town 1 hour $93.00 $93.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate
AZDPS 1 hour $15.00 $15.00
MCSO 1 hour $8.00 $8.00
Phoenix 1 hour $8.00 $8.00
Mesa 1 hour $8.00 $8.00
Glendale 1 hour $8.00 $8.00
Gilbert 1 hour $8.00 $8.00
Scottsdale 1 hour $8.00 $8.00
Tempe 1 hour $8.00 $8.00
Peoria 1 hour $8.00 $8.00
Goodyear 1 hour $8.00 $8.00
Wickenburg 1 hour $8.00 $8.00
Fountain Hills 1 hour $8.00 $8.00
Chandler 1 hour $8.00 $8.00
Buckeye 1 hour $8.00 $8.00
El Mirage 1 hour $8.00 $8.00
Surprise 1 hour $8.00 $8.00
Avondale 1 hour $8.00 $8.00
Gila River 1 hour $8.00 $8.00
AZ Parks 1 hour $8.00 $8.00
Small Town 1 hour $8.00 $8.00
Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage
AZDPS 1 mile $0.50 $0.50
MCSO 1 mile $0.50 $0.50
Phoenix 1 mile $0.50 $0.50
Mesa 1 mile $0.50 $0.50
Glendale 1 mile $0.50 $0.50
Gilbert 1 mile $0.50 $0.50
Scottsdale 1 mile $0.50 $0.50
Tempe 1 mile $0.50 $0.50
Peoria 1 mile $0.50 $0.50
Goodyear 1 mile $0.50 $0.50
Wickenburg 1 mile $0.50 $0.50
Fountain Hills 1 mile $0.50 $0.50
Chandler 1 mile $0.50 $0.50
Buckeye 1 mile $0.50 $0.50
SERIAL 180126-S
ROADSAFE TRAFFIC SYSTEMS INC.,
El Mirage 1 mile $0.50 $0.50
Surprise 1 mile $0.50 $0.50
Avondale 1 mile $0.50 $0.50
Gila River 1 mile $0.50 $0.50
AZ Parks 1 mile $0.50 $0.50
Small Town 1 mile $0.50 $0.50
PRICING SHEET: NIGP CODE 968-84
Terms: NET 30
Vendor Number: VC0000002511
Certificates of Insurance Required
Contract Period: To cover the period ending January 31, 2020 2022 2023.
SERIAL 180126-S
TEMPORARY TRAFFIC CONTROL SERVICES
1.0 INTENT:
The intent of this solicitation is to establish a contract for Temporary Traffic Control Services. This pricing
agreement is for providing personnel and equipment for on-call barricade service in support of the
Maricopa County Department of Transportation (MCDOT) projects. This service is to be authorized by
Purchase Order only. Certain related products shall be purchased on this contract
Maricopa 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.
Other governmental entities under agreement with the County may have access to services provided
hereunder (see also Sections 3.7 and 3.8, below).
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.
2.0 SPECIFICATIONS:
2.1 DESCRIPTION:
The service shall consist of providing temporary traffic control services in support of County
maintenance and repair operations using Contractor furnished equipment and labor on an as
needed basis. The Contractor shall furnish all labor, materials, services, insurance and equipment
necessary for the delivery, placement, maintenance, removal of temporary traffic control
equipment, as well as labor for temporary traffic control purposes as set forth in these
specifications.
2.2 TRAFFIC CONTROL MATERIAL AND LABOR:
2.2.1 The specific layout and setup of traffic control shall be governed by these specifications;
Manual on Uniform Traffic Control Devices (MUTCD) (see item 2.5), and/or MCDOT
pre-approved traffic control plans. The Contractor shall be provided with a list of
personnel authorized to order services. The Contractor shall be furnished written
documentation of specific projects, and expected dates of operation and shall respond
within seven (7) calendar days to indicate their willingness to accept the project.
Contractor shall be responsible to prepare specific traffic plans, which shall be approved
in advance by MCDOT. If the Primary Contractor is unwilling or unable to accept the
specific project, the project shall be awarded to the Secondary Contractor. Changes in
traffic control plans or procedures may be authorized if substitute method of operation
and set up supporting work is accepted by MCDOT. The County may utilize typical
traffic control plans during the term of this contract and such plans will be provided to the
Contractor.
2.2.1.1 MOBILIZATION & DEMOBILIZATION (TRAVEL TIME)
There are three (3) zones for mobilization & demobilization, this is driving time
to and from job sites throughout Maricopa County. The charge will be one (1)
time per day to include both mobilization and demobilization. See Attachment
A, Pricing Page, item 1.8 for the three (3) zones.
2.2.2 The Contractor’s Foreman shall be an ATSSA Certified Traffic Control Technician. A
list of certified personnel shall be provided to the MCDOT Engineer prior to the
beginning of any project. (The Contractor shall only utilize personnel who are certified
flaggers.) Flaggers shall be certified by IMSA, ATSSA, LTAP or other approved
sources.
SERIAL 180126-S
2.2.3 Existing signs conflicting with construction signing shall be covered. Centerline vertical
panels with appropriate "Keep Right" signing shall be installed if required by MCDOT.
Two sand bags shall be required on all portable signs and vertical panels, if more are
required due to weather conditions, they will be provided at no charge to the County.
2.2.4 The County may provide one (1) operational portable communications radio for the
Contractor’s Foreman use. Contractor shall replace radio if lost or damaged by
Contractor.
2.2.5 The Contractor shall pick up and remove signs, barricades, channels and other devices
within twenty four (24) hours of notification and all covered signs shall be restored.
2.2.6 The contractor shall maintain a log of all requests for service. The log shall include name
of requestor, date, time, and the required action to include:
2.2.6.1 Initial requests for signing.
2.2.6.2 Any additions or changes in signing.
2.2.6.3 The road segment being signed and traffic control requested.
2.2.7 The Contractor shall inspect and maintain all contractor installed portable traffic control
devices at least once during each twenty-four (24) hour period. More frequent intervals of
inspection and maintenance shall be made during periods of high winds or in areas where
there is a continuing problem in maintaining the signs. Reports of all inspections with
deficiencies shall be required and reported daily to the MCDOT.
2.2.8 The Contractor shall provide qualified supervision of all crews during the performance of
the service. Supervisors and 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 the MCDOT.
2.2.9 Portable Variable Message Signs; the message display shall utilize Light Emitting Diodes
(LED’s), Flip-Disk, Flip-Disk/Hybrid or LED/Shuttered pixel for all matrix types
(character, line and full).
2.2.10 All signs shall be NCFRP compliant, meet the requirements of the MCDOT Supplement
to MAG, and the MCDOT Sign/Barricade Manual(s).
2.2.11 PILOT CAR WITH DRIVER
Shall be ½ to one-ton truck with high-intensity rotating, flashing, oscillating, or strobe
light and conspicuous location on the rear of vehicle to mount PILOT CAR FOLLOW
ME (G20-4).
2.2.12 BARRICADE TRUCK WITH DRIVER
Shall be a one (1) ton to one-and-one-half (1-1/2) ton truck capable of transporting all
signs, delineators, cones, channels, flagging supplies, double-faced flexible road markers
with a double clear protector tab, portable radios and other signing supplies required for
the day's activity. The truck shall be equipped with high-intensity rotating, flashing,
oscillating, or strobe light and variable message board. If the Contractor is unable to
provide delivery and layout within the specified time, immediate notification will be
made to the MCDOT Engineer.
2.2.13 TRUCK MOUNTED ATTENUATORS
Truck-mounted attenuators shall be energy-absorbing devices attached to the rear of
trucks and shall be used in accordance MUTCD Section 6F.82, or the latest revision of.
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2.2.14 UNIFORMED OFF-DUTY OFFICER(S):
The Contractor shall provide when requested by MCDOT State of Arizona Sworn
uniformed off-duty officer(s) for temporary traffic control presence. Fully equipped
vehicle may be required when requested by MCDOT.
2.3 CHIP SEAL MARKERS:
2.3.1 Chip Seal Marker, covered, 2-way yellow, Davidson TPRM-Y2 or equal.
2.3.2 Chip Seal Marker, covered, 1-way white, Davidson TPRM-W1or equal.
2.4 INSTALLATION CONFLICTS:
In the event that MCDOT Highway Operations Engineer or his designee and the Contractor cannot
agree on the proper traffic control or barricade installation, the judgment of the MCDOT Engineer
or his designee shall prevail. The Contractor may request arbitration by the MCDOT Engineer.
The Contractor shall comply with the decisions made by the MCDOT Engineer as a result of such
arbitration.
2.5 REPORTS:
Daily work sheets and a daily detailed listing of all the roads under signing shall be provided to
the MCDOT Engineer. The report shall include the date signing was set up, the number and type
of devices used for each mile, the date and time inspections were conducted (including the name
of the traffic control tech and MCDOT inspector), the date and time signing was removed (or the
work that is continuing). The Contractor and the MCDOT engineer shall sign the report daily.
2.6 STANDARDS:
All equipment, signs, barricades and lighting devices shall be NCHRP-350 compliant, to the most
current Federal Highway Administration MANUAL OF UNIFORM TRAFFIC CONTROL
DEVICES for streets and highways and all other polices or regulations on traffic control adopted
by MCDOT.
2.7 COUNTY SIGNING:
The County reserves the right to provide, install or set up construction signing and barricading as
deemed necessary with County forces or by the Secondary Contractor if adequate materials and
personnel cannot be supplied by the Contractor.
2.8 DAMAGED, STOLEN OR LOST SIGNING:
All lost, stolen or damaged devices shall be immediately replaced by the Contractor or removed
from the rental equipment listing upon notification by a MCDOT representative. MCDOT will
make rental payments only for equipment that is physically used on projects and in acceptable
working order verified by the MCDOT. Contractor shall not be reimbursed by MCDOT for the
replacement value of lost or stolen equipment.
2.9 DISPATCH CENTER:
The Contractor shall provide and maintain a manned twenty-four (24) hour dispatch center with an
operational radio net and telephone to provide emergency service. The dispatch center must have
at its disposal a sufficient number of trucks, men and equipment to respond to requests and initiate
mobilization for service within two (2) hours, including nights, weekends and holidays. During
active road maintenance operations, the men and equipment shall respond and mobilize within one
(1) hour for the daily scheduled service.
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2.10 SAFETY REQUIREMENTS:
The Contractor shall adhere to all applicable OSHA, industry and local government safety
procedures, rules and regulations. The Contractor shall train its personnel in appropriate safety
standards relating to the performance of services described in these Technical Specifications.
2.11 INSPECTIONS:
The County reserves the right to inspect each bidder’s equipment and review their application
procedures prior to contract award.
2.12 QUALIFICATION OF BIDDERS:
CONTRACTOR shall have minimum of five (5) years of experience.
Only firms experienced in the processes of road construction/maintenance traffic control and
barricading renting will be considered for contract award.
2.13 LICENSES AND PERMITS:
The CONTRACTOR shall, at its expense, procure all necessary licenses and permits relating to
Contractors operation in connection with the services described in these Technical Specifications.
2.14 PROTECTION OF PUBLIC AND PRIVATE PROPERTY:
The contractor shall exercise prudent caution to protect pedestrian and vehicular traffic.
Contractor shall further avoid causing damage to public and private property. If in the opinion of
the MCDOT representative, the Contractor engages in a hazardous practice, Contractor shall cease
such activity immediately after verbal or written notification by the MCDOT representative.
2.15 BILLING:
The billing for services shall follow the daily report format and include a listing by road segments
specified by the MCDOT Engineer W.O. number. Included with this will be the date and time,
whether it was installation or removal, what type of activity (i.e. flagging, signing, inspection,
etc.), what type of activity that the work is supporting (i.e. Chip Seal, Sweeping or Flushing),
truck numbers of vehicles physically on the work site and the employee identification numbers for
those employees physically on the work site. Signed daily work sheets shall be used to verify
billing.
2.16 DELIVERY:
It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for
in the Technical Specifications. Maricopa County reserves the right to obtain services on the open
market in the event the Contractor fails to make delivery and any price differential will be charged
against the Contractor.
3.0 PURCHASING REQUIREMENTS:
3.1 USAGE REPORT:
The 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.
3.2 INVOICES AND PAYMENTS:
3.2.1 The Contractor shall submit one (1) legible copies of their detailed invoice before
payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the
invoice must provide the following information:
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• Company name, address and contact
• County bill-to name and contact information
• Contract Serial Number or
• County purchase order number
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Freight (if applicable)
• Extended price
• Mileage w/rate (if applicable)
• Arrival and completion time (if applicable)
• Total Amount Due
3.2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on
the Purchase Order.
3.2.3 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 located on the County Department of Finance Vendor Registration Web Site
http://www.maricopa.gov/Finance/Vendors.aspx.
3.2.4 Discounts offered in the contract shall be calculated based on the date a properly
completed invoice is received by the County (ROI).
3.2.5 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
3.3 APPLICABLE TAXES:
3.3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any
installation labor on items that are not attached to real property performed by Contractor
under the terms of this Contract, the installation labor cost and the gross receipts for
materials provided shall be listed separately on the Contractor’s invoices.
3.3.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction
privilege taxes apply to sales made under the terms of this contract it is the responsibility
of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of
authority.
3.3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and
local taxes applicable to its operation and any persons employed by the Contractor.
Contractor shall, and require all subcontractors to hold Maricopa 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
Worker’s Compensation.
3.4 TAX (SERVICES):
No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the
Contractor to determine any and all applicable taxes and include the cost in the proposal price.
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3.5 PERFORMANCE:
It shall be the Contractor’s responsibility to meet the proposed performance requirements.
Maricopa 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.
3.6 POST AWARD MEETING:
The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the
terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of
the Contract.
3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE):
The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of
Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts.
Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful
Respondent under this solicitation, a member of $AVE may access a contract resulting from a
solicitation issued by the County. If you do not want to grant such access to a member of $AVE,
please state so in your bid. In the absence of a statement to the contrary, the County will assume
that you do wish to grant access to any contract that may result from this bid.
3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s):
County currently holds ICPA’s with numerous governmental entities throughout the State of
Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase
their requirements under the terms and conditions of the County Contract. Please indicate on
Attachment A, your acceptance or rejection regarding such participation of other governmental
entities. Your response will not be considered as an evaluation factor in awarding a contract.
3.9 VOLUNTARY EMPLOYEE DISCOUNTS:
3.9.1 Vendors may voluntarily offer discounts to County employees for products or services
provided under this contract. Whether a vendor offers or does not offer an employee
discount is not a factor in nor considered in the evaluation of responses to this
solicitation.
3.9.2 Any discount offered is part of a commercial transaction between the vendor and
individual County employees and the County is not a party to the transaction. Any
disputes or issues arising from an individual commercial transaction between the vendor
and an individual County employee is a matter between the vendor and the employee. If
a discount is offered, the terms will be announced to County employees.
4.0 CONTRACTUAL TERMS & CONDITIONS:
4.1 CONTRACT TERM:
This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of
two (2) years.
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 three (3) additional years, (or at the County’s sole discretion, extend
the contract on a month to month basis for a maximum of six (6) months after expiration). The
Contractor shall be notified in writing by the Office of Procurement Services of the County’s
intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the
original contract term.
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4.3 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 Contractor 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:
Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the
Contract annual anniversary date. 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 shall 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 Contract.
4.5 FUEL COST PRICE ADJUSTMENT:
4.5.1 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.
4.5.2 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.
4.5.3 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 ten (10%) percent of the base fuel cost. The Contractor may request a
fuel surcharge no more than four (4) times annually, during the month(s) of March, June,
September and December. The request must be submitted no later than the tenth (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.
4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel
represents (e.g., fuel cost equals 10% 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
bids 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. fuel cost
adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date
for any next Contractor request for adjustment).
4.5.5 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 adjustment
application must be completed with all applicable data, and signed by the Contractor.
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Any cost adjustment will be calculated by the County by using the bureau of Labor
Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel –
WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp).
4.5.6 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/
4.5.7 The computation of the fuel surcharge amount shall be determined as follows:
4.5.7.1 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.
4.5.7.2 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.
4.5.7.3 The surcharge shall be added as a separate line item to the invoice.
4.6 INDEMNIFICATION:
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, agents, 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.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, 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 there from,
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, any
one directly or indirectly employed by them, or anyone for 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.
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 paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other
Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or
expenses (including reasonable attorney's fees) (hereinafter collectively referred to as
"claims") arising out of the negligent performance of this Agreement, but only to the extent
that such claims which result in vicarious/derivative liability to the indemnitee are caused by
the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers,
officials, agents, employees, or volunteers.
4.7 INSURANCE:
4.7.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State
of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of
Arizona licensing, the stipulated insurance may be purchased from a company or
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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.
4.7.2 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.
4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance
or self-insurance maintained by County shall not contribute to it.
4.7.4 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.
4.7.5 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.
4.7.6 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.
4.7.7 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.
4.7.8 Commercial General Liability:
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000
Products/Completed Operations Aggregate, and $2,000,000 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.
4.7.9 Automobile Liability:
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 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.
4.7.10 Workers’ Compensation:
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.
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Contractor, its contractors and its subcontractors waive all rights against 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 contractors and its
subcontractors pursuant to this Contract.
4.7.11 Certificates of Insurance:
4.7.11.1 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.
4.7.11.2 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.
4.7.11.3 If a policy does expire during the life of the Contract, a renewal certificate must
be sent to County fifteen (15) days prior to the expiration date.
4.7.12 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 thirty (30) days prior written
notice to Maricopa County. Contractor must provide to Maricopa County, within 2
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 320 West Lincoln Street, Phoenix, AZ 85003, or
emailed to the Procurement Officer noted in the solicitation.
4.8 ORDERING AUTHORITY:
4.8.1 Any request for purchase shall be accompanied by a valid purchase order, issued by
Office of Procurement Services, a Purchase Order issued by the using Department or
direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for
payment.
4.9 REQUIREMENTS CONTRACT:
4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If
purchases are made for the materials or requirement contained in the Contract, they will
be purchased from the Contractor awarded that line item. Orders will only be placed
under this contract when the County identifies a need and proper authorization and
documentation have been approved.
4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from
the County Procurement Officer with written notification to follow. Contractor
specifically acknowledges to be bound by this cancellation policy.
4.10 PURCHASE ORDERS:
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
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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, shipment of product prior to issuance of Purchase Order, etc.
4.11 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.
4.12 STOP WORK ORDER:
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 days
after the order is delivered to the Contractor, and for 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 days after a stop-work is delivered to
the Contractor, or within any extension of that period to which the parties shall have agreed, the
Procurement Officer shall either:
4.12.1 Cancel the stop-work order; or
4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination
for Convenience of the County, clause of this Contract.
4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule
and/or Contract price, or otherwise, 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.
4.13 TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60)
calendar days advance notice to the Contractor.
4.14 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or
in part if the Contractor fails to:
4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or
any extension;
4.14.2 Make progress, so as to endanger performance of this contract; or
4.14.3 Perform any of the other provisions of this contract.
The County’s right to terminate this contract under these subparagraphs may be exercised if the
Contractor does not cure such failure within 10 days (or more if authorized in writing by the
County) after receipt of the notice from the Procurement Officer specifying the failure.
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4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to 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.
4.16 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.
4.17 SUBCONTRACTING:
4.17.1 The 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 project.
4.17.2 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.
4.18 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.
4.19 ADDITIONS/DELETIONS OF SERVICE:
The County reserves the right to add and/or delete services to a Contract. If a service requirement
is deleted, payment to the Contractor will be reduced proportionately, to the amount of service
reduced in accordance with the Contract price. If additional services are required from a Contract,
prices for such additions will be negotiated between the Contractor and the County.
4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR
OTHER REVIEW:
4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the
Contractor agrees to retain all books, records, accounts, statements, reports, files, and
other records and back-up documentation relevant to this Contract for six (6) years after
final payment or until after the resolution of any audit questions which could be more
than six (6) 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.
4.20.2 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.
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4.21 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.
4.22 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.
4.23 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.
4.24 RIGHTS IN DATA:
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.
4.25 RELATIONSHIPS:
4.25.1 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.
4.25.2 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.
4.26 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
may be viewed and downloaded at the Governor of the State of Arizona website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which 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.
4.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
4.27.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the
best of his or her knowledge and belief, that the Contractor, it’s current officers and
directors;
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4.27.1.1 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;
4.27.1.2 have not within 3-year period preceding this Contract:
4.27.1.2.1 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;
and
4.27.1.2.2 been convicted of violation of any Federal or State antitrust statues
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;
4.27.1.2.3 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; and 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 have not within a 3-year period
preceding this Contract had any public transaction (Federal, State or
local) terminated for cause or default.
4.27.1.2.4 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.
4.27.2 The 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.
4.28 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41-
4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
4.28.1 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). The
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. The Contractor and its subcontractors
shall also maintain Employment Eligibility Verification forms (I-9) as required by the
Immigration Reform and Control Act of 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 USCIS.GOV.
4.28.2 The County retains the legal right to inspect contractor and subcontractor employee
documents performing work under this Contract to verify compliance with paragraph 4.28.1
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
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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.
4.29 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS:
4.29.1 The Parties agree that this Contract and employees working on this Contract will be
subject to the whistleblower rights and remedies in the pilot program on contractor
employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section
3.908 of the Federal Acquisition Regulation;
4.29.2 Contractor shall inform its employees in writing, in the predominant language of the
workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as
described in section 3.908 of the Federal Acquisition Regulation. Documentation of such
employee notification must be kept on file by Contractor and copies provided to County
upon request.
4.29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all
subcontracts over the simplified acquisition threshold ($150,000 as of September 2013).
4.30 CONTRACTOR LICENSE REQUIREMENT:
The Respondent shall procure all permits, insurance, licenses and pay the charges and fees
necessary and incidental to the lawful conduct of his/her business, and as necessary complete any
required certification requirements, required by any and all governmental or non-governmental
entities as mandated to maintain compliance with and in good standing for all permits and/or
licenses. The Respondent shall keep fully informed of existing and future trade or industry
requirements, 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 using agency of any and all changes
concerning permits, insurance or licenses.
4.30.1 Contractor shall procure all permits, insurance, licenses and pay the charges and
fees necessary and incidental to the lawful conduct of his/her business, and as
necessary complete any required certification requirements, required by any and
all governmental or non-governmental entities as mandated to maintain compliance
with and in good standing for all permits and/or licenses. Contractor shall keep
fully informed of existing and future trade or industry requirements, 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 using agency of any
and all changes concerning permits, insurance or licenses.
4.30.2 Contractors 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 possess the required
licenses by subcontracting of the labor portion of the Contract. Respondents are
advised to contact the Arizona Registrar of Contractors, Chief of Licensing to
ascertain licensing requirements for a particular contract. Respondents shall
identify which license(s), if any, the Registrar of Contractors requires for
performance of the Contract.
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4.31 INFLUENCE:
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.
An attempt to influence includes, but is not limited to:
4.31.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
4.31.2 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.
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.
4.32 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.
4.33 CONFIDENTIALITY INFORMATION:
In the course of the solicitation process, the County may disclose information that is proprietary or
confidential. By submitting a proposal 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.
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.
The 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. The 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 fifteen (15) calendar days of the
written request to do so.
Any requests to the Contractor for County proprietary or confidential information s shall be
referred to the County for review and approval, prior to any dissemination.
4.34 PUBLIC RECORDS:
Under Arizona law, all bids submitted and opened are public records and must be retained by the
Records Manager at the Office of Procurement Services. Offers shall be open to public inspection
and copying after Contract award and execution, except for such Bids or sections thereof
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determined to contain proprietary or confidential information by the Office of Procurement
Services. If a Bidder believes that information in its bid or any resulting Contract should not be
released in response to a public record request under Arizona law, the bidder shall indicate the
specific information deemed confidential or proprietary and submit a statement with its bid
detailing the reasons that the information should not be disclosed. Such reasons shall include the
specific harm or prejudice which may arise from disclosure.
Under Arizona law, all Offers submitted and opened are public records and must be
retained by the Records Manager at the 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.
4.35 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.
4.36 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 or in the United States
District Court for the District of Arizona, sitting in Phoenix, Arizona.
4.37 FORCE MAJEURE:
4.37.1 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, interruption or failure of electricity or
telecommunication service.
4.37.2 Each party, 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.
4.37.3 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.
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4.38 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.
4.39 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.
Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti-Israel
Boycott Provision (A.R.S. §35-393.01 (A)) is unenforceable and the County will take no
action to enforce it.
4.40 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, express or implied.