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1Government Procurement Alliance (1GPA) 1910 W. Washington St Phoenix, AZ 85009 Phone: 866-306-3893 Fax: 602-663-9515 Website: www.1gpa.org
The following is a Cooperative Solicitation, released via Mary C. O’Brien Accommodation School/Pinal County ESA
as the lead agency of 1Government Procurement Alliance:
Invitation for Bid # 22-15P
Asphalt Products and Services
Bid Due Date and Time:
April 21, 2022 at 11:00 A.M. Arizona Time
IFB Opening Location:
Opening will be held publicly online through Vast Conference. Use the link below
to join the conference.
Join from PC or Mac: https://meet.vastconference.com/43837524
Call by Phone: Toll-Free US/CAN 1-800-719-7514
Enter Conference Code: 438375
Pre-Bid Conference:
None
Electronic Submittals:
OpenGov Procurement – https://secure.procurenow.com/portal/1GPA
See enclosed information for submittal instructions.
Last Day for Questions:
April 8, 2022 at 5:00 p.m.
In accordance with the Arizona procurement code and rules, Competitive Sealed Bids for the materials or services specified will
be received electronically by 1GPA, via OpenGov Procurement, until the time and date cited. Bids received by the correct time
and date shall be opened, via OpenGov Procurement, and the vendor’s name and pricing shall be publicly read at the location
indicated above. All other information contained in the Bid shall remain confidential until award is made. Late solicitations shall
not be considered.
To
be
considered,
solicitations
shall
be
submitted
electronically
via
OpenGov
Procurement,
https://secure.procurenow.com/portal/1GPA. Submittal instructions for OpenGov Procurement can be found on the last page of
this document under Exhibit A. Additional instructions for preparing a solicitation are provided herein. Bidders are strongly
encouraged to carefully read the entire solicitation document.
Questions regarding this Invitation for Bid should be directed to:
Rebecca Seifert, Procurement Specialist
Email: rseifert@1gpa.org
Phone: 866-306-3893
Jill Broussard
Jill Broussard, Superintendent
Christy Knorr, Vice President
Pinal County ESA
1Government Procurement Alliance (1GPA)
Date Issued:
March 16, 2022
1GPA
22-15P Asphalt Products and Services
Page 2 of 35
TABLE OF CONTENTS
Documents Referenced
Page 3
Introduction
Page 4
Definition of Terms
Page 5
Uniform Instructions to Bidders
Page 6
Uniform Terms and Conditions
Page 11
Special Terms and Conditions
Page 19
Scope of Work
Page 26
Submittal Requirements
Page 31
FORM: Bid Bond
Page 32
FORM: Performance Bond
Page 33
FORM: Payment Bond
Page 34
Exhibit A – OpenGov Procurement Submission Instructions
Page 35
1GPA
22-15P Asphalt Products and Services
Page 3 of 35
DOCUMENTS REFERENCED
You may access a complete copy of the documents referenced within this solicitation at the following web addresses:
Arizona:
Arizona Revised Statutes (A.R.S.) is available at
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp
The Arizona School District Procurement Rules in the Arizona Administrative Code (A.A.C.) is available at
http://apps.azsos.gov/public_services/Title_07/7-02.pdf
All Other States:
For a full listing of Intergovernmental Purchasing Statutes by state, visit the 1GPA website at: http://1gpa.org/state-statutes/
Local Governments website (USA.gov): http://www.usa.gov/Agencies/Local_Government/Cities.shtml
Federal:
I.R.S. W-9 form (Request for Taxpayer I.D. Number) is available at
http://www.irs.gov/pub/irs-pdf/fw9.pdf
Education Department General Administrative Regulations (EDGAR), 2 C.F.R. §§ 200.318-326
https://www.gpo.gov/fdsys/pkg/CFR-2014-title2-vol1/xml/CFR-2014-title2-vol1-part200-subpartD.xml
1GPA
22-15P Asphalt Products and Services
Page 4 of 35
INTRODUCTION
Who are we?
1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows public
agencies to take advantage of existing contracts to purchase the goods and services they need from local and national vendors.
Eligible using members include school districts, charter schools, universities, colleges, cities, towns, municipalities, counties,
states, local governments, federal government, Native American communities, fire districts, and any other political subdivision.
What do we do?
We provide contracts for a broad range of commodities and services that are available to the Cooperative eligible members
through a government purchasing cooperative or Interlocal agreement. All of our contracts are competitively procured and
awarded in compliance with state statutes, procurement laws and regulations.
Contracts are approved and awarded by 1GPA’s lead governmental entities and are only available for use and benefit of all
entities complying with state procurement laws and regulations.
Why are we preferred?
The Cooperative’s pooled purchasing power means public and private schools, cities, counties and state agencies, non-profits,
as well as colleges, universities and Native American communities can save actual budget dollars on our contracts utilizing
best business practices.
Our agency is dedicated to negotiating the best contracts with the best firms locally or nationally to ensure our members receive
quality products and services at the best price.
We service our members by providing in-house knowledge of public procurement practices in conjunction with quality business
practices to mainstream the purchasing process for large and complex solicitations that can take up to 6 to 12 months for our
members on their own.
We pride our firm on our commitment to compliance, innovation, and collaboration.
As a government purchasing cooperative, 1GPA offers its Members access to a broad range of vendors whose goods and services have
been competitively procured by 1GPA, in coordination with its governmental lead agencies. When conducting competitive solicitations,
1GPA takes all steps necessary to comply with federal, state and local procurement laws applicable to both the Lead Agency identified
in the solicitation, as well as to 1GPA. Each Member must make its own independent determination as to (1) whether the Member may,
under laws applicable to the Member, lawfully purchase particular goods or services through purchasing cooperatives, and (2) whether
the Member must comply with any additional procedures required under laws applicable to the Member prior to completing a
cooperative purchase. 1GPA makes no representations or warranties to its Members, or to any vendors, regarding such matters.
1GPA
22-15P Asphalt Products and Services
Page 5 of 35
DEFINITION OF TERMS
A complete list of definitions can be found in the Arizona Administrative Code R7-2-1001. The terms listed below are defined as follows:
“Attachment” means any item the Solicitation requires the Bidder to submit as part of the Bid.
“Bidder” means a person submitting a Bid in response to an Invitation for Bids
“Contract” means the combination of the Solicitation, including the Special Instructions to Bidders, Special Terms and Conditions, and the
Specifications and Statement or Scope of Work/Services; the Bid; and any Solicitation Amendments or Contract Amendments, and Member
purchase orders.
"Contract Amendment" means a written document signed by the 1GPA that is issued for the purpose of making changes in the Contract.
“Contractor” means any person who has a Contract with the 1GPA.
“Cost” means the aggregate cost of all materials and services, including labor performed by force account.
“Days” means calendar days and shall be computed pursuant to A.R.S. 1-243.
“Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the solicitation.
“Governing Body” means any group comprised of elected or appointed officials, such as School District Governing Boards, City Councils,
County Supervisors, Board of Regents, etc., which has the authority to make fiduciary decisions for a Member organization.
“Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or
promised, unless consideration of substantially equal or greater value is received.
“Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a
permanent interest in land or real property or leasing space.
“Member” means the non-profit entities, public and private schools (including independent school districts and charter schools), education
service centers, colleges, universities, municipalities, counties, political subdivisions, and other governmental entities and agencies throughout
the United States that have followed local governing authority allowing them to utilize contracting vehicles procured and administered by 1GPA.
“Offer” means a response to a Solicitation.
“Offeror” means a person submitting an offer in response to a Solicitation.
“Person” means any corporation, business, individual, union, committee, club, other organization or group of individuals.
“Procurement Officer” means the person duly authorized to enter into and administer Contracts and make written determinations with respect
to this Solicitation or his or her designee.
“Purchase Order or PO” means the agreed-upon purchase order or other form of binding contract document between the 1GPA member
and the Vendor which is used in making a purchase under a 1GPA contract.
“Responsible Bidder or Offeror” means a person who at the time of contract award has the capability to perform the Contract requirements
with the integrity and reliability which will assure good faith performance.
“Responsive Bidder or Offeror” means a person who submits a bid or proposal which conforms in all material respects to the Invitation for
Bids or Request for Proposals.
“Services” means the furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific end
product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.
“Solicitation” means an Invitation for Bids (“IFB”), a Request for Proposal (“RFP”), or a Request for Quotations (“RFQ”).
“Solicitation Amendment” means a written document that is authorized by the Procurement Officer and issued for the purpose of making
changes to the Solicitation.
“Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another
party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for the performance of the
Contract.
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
22-15P Asphalt Products and Services
Page 6 of 35
1.
Inquiries
A.
Duty to Examine - It is the responsibility of each Bidder to examine the entire Solicitation, seek clarification in writing, and
check its Bid for accuracy before submitting the Bid. Lack of care in preparing a Bid shall not be grounds for withdrawing the
Bid after the Bid due date and time nor shall it give rise to any Contract claim.
B.
Solicitation Contact Person - Any inquiry related to a Solicitation, including any requests for or inquiries regarding
standards referenced in the Solicitation, shall be directed solely to the Solicitation contact person.
C.
Submission of Inquiries - Questions and/or clarifications concerning this IFB will be accepted in writing through April 8,
2022 by 5:00 p.m. Request may be transmitted via email. Responses and addenda to this IFB, if necessary, are anticipated
to be issued April 13, 2022 at 5:00 p.m. No Bidder may rely upon oral responses made by any 1GPA employee or any
representative. Questions and/or clarifications concerning this IFB shall be directed to Rebecca Seifert, Procurement
Specialist
at
rseifert@1GPA.org
or
submitted
via
the
OpenGov
Procurement
portal
located
at
https://secure.procurenow.com/portal/1GPA.
D.
Solicitation Amendments/Addenda - The Solicitation shall only be modified by a Solicitation Amendment or Addendum.
1GPA will not be responsible for Bidders adjusting their Bid based on oral instructions by any member of 1GPA or lead
District Personnel.
E.
Pre-Bid Conference - If a Pre-Bid Conference has been scheduled under this Solicitation, the date, time, and location shall
appear on the Solicitation cover sheet or elsewhere in the Solicitation. A Bidder should raise any questions it may have about
the Solicitation or the procurement at that time. A Bidder may not rely on any verbal responses to questions at the conference.
Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a written
Solicitation Amendment or Addendum.
F.
Bid Opening: Bids shall be electronically submitted via OpenGov Procurement prior to the specified due date and time.
Bids shall be opened immediately following the bid due date and time, and at the place designated on the cover page of this
document, unless amended in writing by 1GPA. The name of each Bidder and the pricing submitted will be read at this time.
All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown only to
authorized 1GPA personnel having a legitimate interest in the evaluation. After contract award, the Bids and evaluation
document shall be open for public inspection.
G.
Time Stamp: Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later
than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be considered
and will remain unopened. Bidders assumes the risk of any delay in their submission. 1GPA strongly recommends that you
give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the uploading process and to
finalize your submission.
H.
Persons with Disabilities - Persons with a disability may request a reasonable accommodation, such as a sign language
interpreter, by contacting the appropriate Solicitation contact person. Requests shall be made as early as possible to allow
time to arrange the accommodation.
2.
Bid Preparation
A.
Forms: - A Bid shall be submitted either on the forms provided in this Solicitation or their substantial equivalent. Any
substitute document for the forms provided in this Solicitation will be legible and contain the same information requested on
the form.
B.
Typed or Ink Corrections. - The Bid should be typed or in ink. Erasures, interlineations or other modifications in the Bid
should be initialed in ink by the person signing the Bid. Modifications shall not be permitted after Bids have been opened
except as otherwise provided under R7-2-1030.
C.
Signature(s) on Bids - The Bid and Contract Acceptance document should be submitted with an original ink signature or
electronic signature by the person authorized to sign the Bid. Failure to sign the Bid and Contract Acceptance document
may result in rejection of the Bid.
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
22-15P Asphalt Products and Services
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D.
Exceptions to Terms and Conditions - All exceptions included with the Bid shall be submitted in a clearly identified
separate section of the Bid in which the Bidder clearly identifies the specific paragraphs of the Solicitation where the
exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract
unless such exception is specifically referenced by the Procurement Officer in a written statement. The Bidder’s preprinted
or standard terms will not be considered as a part of any resulting Contract. A Bid that takes exception to a material
requirement of any part of the Solicitation, including terms and conditions, shall be rejected.
E.
Subcontracts - Bidder shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in
the Bid.
F.
Cost of Bid Preparation - 1GPA will not reimburse any Bidder the cost of responding to a Solicitation.
G.
Solicitation Amendments/Addenda - Unless otherwise stated in the Solicitation, each Solicitation Amendment or
Addendum should be acknowledged by the person signing the Bid. Failure to acknowledge a material Solicitation
Amendment or Addendum or to follow the instructions for acknowledgement of the Solicitation Amendment/Addendum may
result in rejection of the Bid.
H.
Provision of Tax Identification Numbers - Bidders are required to provide their Arizona Transaction Privilege Tax number
and/or Federal Tax Identification number, if applicable, in the space provided on the Bid and Acceptance form and provide
the tax rate and amount, if applicable, on the Price Sheet.
I.
Taxes:
1.
Federal Excise Tax - Arizona School Districts/public entities are exempt from certain Federal Excise Tax on
manufactured goods.
2.
Transaction Privilege Taxes - Arizona School Districts/public entities are subject to all applicable state and local
transaction privilege taxes. Transaction Privilege Taxes in Arizona include State, County and City taxes.
3.
Property Taxes - Arizona School Districts/public entities do not pay state property taxes.
4.
Taxes on Shipping - Transaction privilege tax may not be collected on delivery charges to the Member’s location if
separately stated on the invoice.
5.
Payment of Taxes – Member is responsible for payment for all taxes listed on the invoice. Contractor is responsible
for collection such taxes and shall forward all taxes to the proper revenue office.
All Other States - Other states may have different tax requirements and laws. The tax laws in each state shall be followed
by the awarded vendor. It is the responsibility of the vendor to be familiar with the laws and statutes in the state in which
they are conducting business.
J.
Disclosure - If the firm, business, or person submitting this Bid has been debarred, suspended or otherwise lawfully
precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any
Federal, state, or local government, or if any such preclusion from participation from any public procurement activity is
currently pending, the Bidder shall fully explain the circumstances relating to the preclusion or proposed preclusion in the
Bid. The Bidder shall include a letter with its Bid setting forth the name and address of the governmental unit, the effective
date of this suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating
the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above must be provided.
K.
Solicitation Order of Precedence - In the event of a conflict in the provisions of this Solicitation and any subsequent
contracts, the following shall prevail in the order set forth below:
1.
Addenda/Amendments;
2.
Special Terms and Conditions;
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
22-15P Asphalt Products and Services
Page 8 of 35
3.
Uniform General Terms and Conditions;
4.
Scope of Work/Specifications;
5.
Attachments;
6.
Exhibits;
7.
Special Instructions;
8.
Uniform Instructions to Bidders.
L.
Delivery - Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all delivery and
unloading at the destination(s). Contractor shall provide delivery of goods, and/or performance of services in accordance
with the needs of the 1GPA Member. Products delivered must conform to the products listed under this contract and may
not be substituted with nonconforming products. Contractor agrees to pay for and arrange for return of goods that are
defective.
3.
Submission of Bid
A.
Bid Submission - Each Bid shall be submitted electronically to OpenGov Procurement by the due date and time at
https://secure.procurenow.com/portal/1GPA. Submittal instructions for OpenGov Procurement can be found on the last page
of this document under Exhibit A. 1GPA will not consider a bid submitted by any other method other than OpenGov
Procurement.
B.
Bid Amendment or Withdrawal – A Bidder may modify or withdraw a Bid in writing at any time before Bid opening if the
modification or withdrawal is received before the Bid due date and time designated in the Solicitation (or as amended in
writing by 1GPA). A Bid may not be amended or withdrawn after the Bid due date and time except as otherwise provided
under R7-2-1028.
C.
Public Record/Confidentiality - Under applicable law, all Bids submitted and opened are public records and must be
retained by 1GPA. Bids shall be open to public inspection after Contract award, except for such Bids deemed to be
confidential by 1GPA pursuant to R7-2-1006.
If Bidder believes that its Bid contains trade secrets or other proprietary data not be disclosed as otherwise required by
A.R.S. §39-121, a statement advising 1GPA of this fact shall accompany the Bid, and the information shall be so identified
wherever it appears. Requests to deem the entire Bid as confidential, contract terms and conditions, pricing, and information
generally available to the public are not considered confidential information under this Section.
D.
Certification - By signing the Bid and Acceptance form or other official contract form, the Bidder certifies that:
1.
The prices have been arrived at independently, without consultation, communication or agreement, for the purpose of
restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; the prices
which have been quoted have not been nor will not be disclosed directly or indirectly to any other Bidder or to any
competitor; nor attempt has been made or will be made to induce any person or firm to submit or not to submit, a Bid
for the purpose of restricting competition. It did not engage in collusion or other anti-competitive practices in connection
with the preparation or submission of its Bid and that the Bidder has taken steps and exercised due diligence to ensure
that no violation of A.R.S. § 15-213(O) has occurred; and
2.
It does not discriminate against any employee, applicant for employment or person to whom it provides services because
of race, color, religion, sex, national origin, or disability, and that it complies with all applicable federal, state, and local
laws and executive orders regarding employment, including, Federal Executive Order 11246, Arizona State Executive
Order 99-4, 2000-4, A.R.S. §41-1461 through 1465; and
3.
The Bidder warrants that it and all proposed subcontracts will maintain compliance with Federal Immigration and
Nationality Act (FINA), ARS § 41-4401 and § 23-214, and all other Federal immigration laws and regulations related to
the immigration status of its employees which requires compliance with Federal immigration laws by employers,
contractors and subcontractors in accordance with the E-Verify Employee Eligibility Verification Program; and
4.
The Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
22-15P Asphalt Products and Services
Page 9 of 35
submitted Bid. Failure to provide a valid signature affirming the stipulations required by this clause shall result in rejection
of the Bid. Signing the Bid with a false statement shall void the Bid, any resulting contract and may be subject to legal
remedies provided by law; and
5.
By submission of this Bid, that neither it nor its principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency or
otherwise lawfully prohibited from participating in any public procurement activity, including, but not limited to, being
disapproved as a subcontractor of any public procurement unit or other governmental body; and
6.
By submission of this Bid, that no Federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the
awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a
Cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal Contract,
grant, loan or cooperative agreement; and
7.
In accordance with ARS § 35-392, the Bidder is in compliance and shall remain in compliance with the Export
Administration Act.
8.
The Bidder warrants that it and all proposed subcontracts are not currently engaged in, and agrees for the duration of
this Contract/Agreement that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. § 35-393 and
Texas Gov’t Code 2270.002.
9.
The Offeror warrants that it shall comply with the fingerprinting requirements, unless otherwise exempted, in accordance
with A.R.S. § 15-512.
4.
Additional Information
A.
Unit Price Prevails - Where applicable, in the case of discrepancy between the unit price or rate and the extension of that
unit price or rate, the unit price or rate shall govern.
B.
Taxes - The amount of any applicable transaction privilege or use tax of a political subdivision of the state of Arizona is not
a factor in determining the lowest Bidder.
C.
Late Bids, Modifications or Withdrawals - A Bid, Modification or Withdrawal submitted after the exact Bid due date and
time shall not be considered except under the circumstances set forth in R7-2-1028(B).
D.
Disqualification - The Bid of a Bidder who is currently debarred, suspended or otherwise lawfully prohibited from any public
procurement activity may be rejected.
E.
Bid Acceptance Period - A Bidder submitting a Bid under this Solicitation shall hold its Bid open for the number of days
from the due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for the Bid
acceptance, the number of days shall be ninety (90).
F.
Payment - Payments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and
acceptance of goods or services, the Contractor shall submit a complete and accurate invoice for payment within thirty (30)
days.
G.
Waiver and Rejection Rights - Notwithstanding any other provision of the solicitation, 1GPA reserves the right to:
1.
Waive any minor informality;
2.
Reject any and all Bids or portions thereof; or
3.
Cancel the Solicitation.
UNIFORM INSTRUCTIONS TO BIDDERS
1GPA
22-15P Asphalt Products and Services
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5.
Award
A.
Number or Types of Awards - Where applicable, the 1GPA reserves the right to make multiple awards or to award a
Contract by individual line item, by a group of line items, or categories, by an incremental award, by region, or by location,
as indicated within the Special Instructions, Terms and Conditions. The award will be limited to the least number of Bidders
that 1GPA determines is necessary to meet the needs of its Members.
B.
Contract Inception - A Bid does not constitute a Contract nor does it confer any rights on the Bidder to the award of a
Contract. A Contract is not created until the Bid is accepted in writing by 1GPA and the Lead Agency with an authorized
signatures on the Bid and Acceptance form. A letter or other notice of award or of the intent to award shall not constitute
acceptance of the Bid.
C.
Effective Date - The effective date of this Contract shall be the date that 1GPA and the Lead Agency signs the Bid and
Acceptance form or other official contract form, unless another date is specifically stated in the Contract.
6.
Protests
A protest shall comply with and be resolved according to Arizona Department of Education School District Procurement Code Rule
A.A.C. R7-2-1141 through R7-2-1153. Protests shall be in writing and be filed with 1GPA/lead agency representative, Christy Knorr,
Vice President.
A.
Protest shall include:
1.
The name, addresses, and telephone number of the interested party;
2.
The signature of the interested party or the interested party's representative;
3.
Identification of the purchasing agency and the Solicitation or Contract number;
4.
A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and
5.
The form of relief requested.
B.
The interested party shall supply any other information requested by 1GPA or lead agency within 10 days of the request.
C.
The interested party may file a written request with the district representative for an extension of the time limit for providing
additional information set forth in subsection (B). The written request shall be filed before the expiration of the time limit set
forth in subsection (B) and shall set forth good cause as to the specific reason that the interested party is unable to provide
the additional information with the 10 days. The district representative shall approve or deny the request in writing, state
the reasons for the determination, and if an extension is granted, set forth a new date for submission of the filing.
D.
Protests based upon alleged improprieties in a solicitation that are apparent before the due date and time for responses to
the Solicitation, shall be filed before the due date and time for responses to the Solicitation.
E.
In cases other than those covered in section D of the section, the interested party shall file the protest within 10 days after
1GPA makes the procurement file available for public inspection.
F.
The interested party may file a written request for an extension of the time limit for protest filing. The written request for an
extension shall be filed with the 1GPA Representative before the expiration of the time limit and shall set forth good cause
as to the specific action or inaction of 1GPA that resulted in the interested party being unable to file the protest within the 10
days. The 1GPA representative shall approve or deny the request in writing, state the reasons for the determination, and, if
an extension is granted, set forth a new date for submission of the filing.
UNIFORM TERMS AND CONDITIONS
1GPA
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1.
Cooperative Purchasing –
A.
Cooperative Purchasing - This contract is based on the need for 1GPA to provide the economic benefits of volume
purchasing and reduction in administrative costs through cooperative purchasing to schools and other Members. Although
contractors may restrict sales to certain public units (e.g. state agencies, local government units), any contract that prohibits
sales from being made to public school districts may not be considered. Sales without restriction to any members are
preferred.
B.
Cooperative Purchasing Agreements - Cooperative Purchasing Agreements between 1GPA and its Members have been
established under all procurement laws.
C.
Cooperative Purchasing Contracts - Bidder agrees all prices, terms, warranties, and benefits granted by Bidder to
Members through this contract are comparable to or better than the equivalent terms offered by Bidder to any present
customer meeting the same qualifications or requirements.
Nothing in this solicitation is intended to establish a most favored customer relationship between 1GPA and contractor.
Contractor may respond to any solicitation without regard to this contract. If contractor offers lower prices to any of its other
customers, it may lower its prices to 1GPA at the same time by written notice.
D.
Non-Exclusive Contract - Any contract resulting from this solicitation shall be awarded with the understanding and
agreement that it is for the sole convenience of 1GPA members. 1GPA and its membership reserve the right to obtain like
goods and services from other sources.
E.
Lead Agency - A Lead Agency is a well-established and well respected government agency who facilitates the competitive
bidding process by being a part of the process from start to finish. The Lead Agency also provides Board Approval for the
award of contracts resulting from each Solicitation. The Lead Agency for this IFB is Mary C. O’Brien Accommodation
School/Pinal County ESA.
2.
Contract Interpretation
A.
Application of Law - The Arizona Procurement Code, Title 41, Chapter 23, applies to this Contract including, where
applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona School District Procurement
Code, Arizona Revised Statutes (A.R.S.) 15-213, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 7,
Chapter 2, Articles 10 and 11.
For all other states this procurement shall be governed by, construed, and enforced in accordance with the laws of each
state in which 1GPA is conducting business under this contract. It is the responsibility of the awarded vendor and member
to ensure this solicitation and ensuing contract complies with the State laws in which they are conducting business regarding
use of a cooperative contract.
B.
Implied Contract Terms - Each Provision of law and any terms required by law to be in this Contract are a part of this
Contract as if fully stated in it.
C.
Relationship of Parties – Vendors receiving contracts under this solicitation are independent contractors. Neither party to
this contract, nor any Member, shall be deemed to be the employee or agent of the other party to the contract.
D.
Severability - The provisions of this Contract are severable to the extent that any provision or application held to be invalid
shall not affect any other provision or application of the Contract.
E.
No Parol Evidence - This Contract is intended by the parties as a final and complete expression of their agreement. No
course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this
document.
F.
No Waiver - Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed
waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the
nature of the performance and fails to object to it.
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3.
Contract Administration and Operation
A.
Records - Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each
Subcontractor to retain all data and other records (“records”) relating to the acquisition and performance of the Contract for
a period of five years after the completion of the Contract.
B.
Audit - At reasonable times during the term of this Contract and five (5) years thereafter, the Contractor’s or any
Subcontractor’s books and records shall be subject to audit by 1GPA or Member and, where applicable, the Federal
Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.
C.
Inspection and Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities and the Contractor’s
processes for producing the materials, at reasonable time for inspection of the materials and services covered under this
Contract. 1GPA or its Members shall also have the right to test at its own cost the materials to be supplied under this Contract.
Neither inspection at the Contractor’s facilities nor testing shall constitute final acceptance of the materials. If 1GPA or
Member determines non-compliance of the materials, the Contractor shall be responsible for the payment of all costs incurred
by 1GPA or Member for testing and inspection.
D.
Notices - Notices to the Contractor required by this Contract shall be made by 1GPA to the person indicated on the Bid and
Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to 1GPA required by the
Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unless
otherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative may
change their respective person to whom notices shall be given by written notice and an Amendment to the Contract shall
not be necessary.
E.
Advertising and Promotion of Contract - Bidder shall not advertise or publish information concerning this solicitation prior
to an award being announced by 1GPA. After award, contractor(s) may advertise the availability of products and services
to Member. Any promotional marketing materials using the 1GPA logo must be approved by 1GPA in advance.
F.
Administration Fee - 1GPA has an Administrative Fee of .01 (1%). The Administrative Fee shall be included in the offeror’s
net pricing and is the responsibility of the contractor. Vendor shall not add the administration fee to approved contract prices
post award. The Administrative Fee shall be a part of the Vendor’s unit prices and is not to be charged directly to the customer
in the form of a separate line item.
G.
Usage Reports – The Usage Report will be the established communication between the awarded contractor and 1GPA of
all contract activity. The contractor shall provide contract Usage Reports to 1GPA on a regular schedule as established by
the contractor. 1GPA will accept Monthly or Quarterly reporting arrangements which shall be made at the time of contract
award.
H.
Submission of Usage Reports – Within ten (10) days following the end of the arranged reporting schedule, the contractor
shall submit their Usage Report electronically via email to: maiken@1gpa.org.
I.
Purchase Orders/Contracts - All purchase orders and/or contracts issued to the contractor in reference to 1GPA shall be
submitted at the same time as the Usage Report. All purchase orders and/or contracts should be zipped in a single file and
submitted as an attachment in the same email as the usage report in which they are referenced. 1GPA is audited on an
annual basis & documentation is necessary for compliance. Failure to submit purchase orders and/or contracts may result
in contract cancellation.
J.
Invoicing of Administration Fee – Upon receipt of contractor’s Usage Report, 1GPA will generate an invoice which is
calculated as: Administrative Fee (1%) multiplied by the Total Sales Transactions as stated in the Usage Report.
Contractor's failure to remit administrative fees in a timely manner consistent with the contract’s requirements may result in
1GPA exercising any recourse available under the contract or as provided for by law. All administrative fees not paid when
due shall bear interest at a rate of 1 1/2% per month until paid in full.
Administrative Fees shall be paid to “1GPA” and mailed to:
1910 W. Washington Street
Phoenix, AZ 85009
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4.
Costs and Payments
A.
Ordering Procedures - Purchase Orders are issued by 1GPA members to the Vendor according to this Contract. Members
and Vendors must send Purchase Orders to 1GPA at maiken@1gpa.org.
B.
Billings – Contractor shall invoice Member after delivery of goods and/or services. All invoices shall list the applicable
Member purchase order and 1GPA contract number. Contractor will invoice Member directly.
C.
Payment – Payment terms are Net thirty (30) from receipt of Contractor’s invoice
D.
Progress Payments - 1GPA will permit Members to make progress payments under the following conditions:
1.
Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order
2.
Purchase order describes the amounts or percentages and the dates or frequency of payments
3.
Payments are made in full compliance with Member’s local governing entity rules
E.
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 the Member
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.
F.
IRS W-9 - In order to receive payment under any resulting Contract, Contractor shall have a current I.R.S. W-9 Form on file
with each Member.
G.
Availability of Funds for the Next Fiscal Year - Funds may not presently be available for performance under this Contract
beyond the current fiscal year. No legal liability on the part of the Member for any payment that may arise under this Contract
beyond the current fiscal year until funds are made available for performance of the Contract. It is the responsibility of the
Member to make reasonable efforts to secure such funds.
5.
Contract Changes
A.
Amendments - The Contract may be modified only through a Contract Amendment within the scope of the Contract signed
by the Procurement Officer. Changes to the Contract, including the addition of work or materials, the revision of payment
terms, or the substitution of work or materials, directed by an unauthorized employee or made unilaterally by the Contractor
are violations of the Contract and or applicable law. Such changes, including unauthorized written Contract Amendments,
shall be void and without effect, and the Contractor shall not be entitled to any claim and this Contract based on those
changes.
B.
Subcontracts - The Contractor shall not enter into any Subcontract under this Contract without the advance written approval
of the Procurement Officer. The Subcontract shall incorporate by reference the terms and conditions of this Contract.
C.
Assignment and Delegation - Contractor shall not assign any right or interest nor delegate any duty under this Contract
without the prior written approval of 1GPA. 1GPA shall not unreasonably withhold approval.
D.
Novation - If contractor sells or transfers all assets or the entire portion of the assets used to perform this contract, a
successor in interest must guarantee to perform all obligations under this contract. 1GPA reserves the right to accept or
reject any new party. A simple change of name agreement will not change the contractual obligations of contractor.
E.
Contract Placed on Hold - 1GPA shall have the ability to place a contract on hold, if it is deemed necessary to address
ongoing problems with an awarded contract. Details of the decision to place the contract on hold shall be provided in a
written deficiency notice. A reasonable amount of time shall be provided to contractor to address issues in the written
deficiency notice.
6.
Risk and Liability
A.
Risk of Loss - Contractor shall bear all loss of conforming material covered under this Contract until received by authorized
personnel at the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance.
The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt.
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B.
General Indemnification - To the extent permitted by law, 1GPA and its Members shall be indemnified and held harmless
by the Contractor for its vicarious liability as result of entering into this Contract. Each party to this Contract is responsible
for its own negligence.
C.
Indemnification - Patent and Copyright - To the extent permitted by law, Contractor shall indemnify and hold harmless
1GPA and its Members against any liability, including costs and expenses, for infringement of any patent, trademark, or
copyright arising out of Contract performance or use by the 1GPA or Member of materials furnished or work performed under
this Contract. 1GPA or Member shall reasonably notify the Contractor of any claim for which it may be liable under this
paragraph.
D.
Force Majeure
1.
Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if
and to the extent that such party’s performance of this Contract is prevented by reason of force majeure. The term “force
majeure” means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.
Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes;
mobilization; labor disputes; civil disorders; fire; flood; lockouts; injections-intervention-acts; or failures or refusals to act
by government authority; and other similar occurrences beyond the control of the party declaring force majeure which
such party is unable to prevent by exercising reasonable diligence.
2.
Force Majeure shall not include the following occurrences:
a.
Late delivery of equipment or materials caused by congestion at a manufacturer’s plant or elsewhere, or an oversold
condition of the market; or
b.
Late performance by a Subcontractor unless the delay arises out of a force majeure occurrence in accordance with
this force majeure term and condition; or
c.
Inability of either the Contractor or any Subcontractor to acquire or maintain any required insurance, bonds,
licenses, or permits.
3.
If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify the
other party in writing of such delay, as soon as is practicable and no later than the following working day, of the
commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered
or mailed certified-return receipt, and shall make a specific reference to this article, thereby invoking its provisions.
The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing
when it has done so. The time of completion shall be extended by Contract Amendment for a period of time equal
to the time that results or effects of such delay prevent the delayed party from performing in accordance with this
Contract.
4.
Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim
for damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.
7.
Warranties
A.
Liens - The Contractor warrants that the materials supplied under this Contract are free of liens.
B.
Quality - Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year
after acceptance by the School District/Public Entity of the materials or services, they shall be:
1.
A quality to pass without objection in the trade under the Contract description;
2.
Fit for the intended purposes for which the materials or services are used;
3.
Within the variations permitted by the Contract and are of even kind, quality, and quality within each unit and among all
units;
4.
Adequately contained, packaged and marked as the Contract may require; and
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5.
Conform to the written promises or affirmations of fact made by the Contractor.
C.
Fitness - Contractor warrants that any material or service supplied to 1GPA or its Members shall fully conform to all
requirements of the contract and all representations of the Contractor, and shall be fit for all purposes and uses required by
the Contract.
D.
Inspection/Testing - The warranties set forth in in this section shall not affected by inspection or testing of, or payment for
the materials or services by 1GPA Members.
E.
Compliance with Applicable Laws - The materials and services supplied under this Contract shall comply with all
applicable federal, state and local laws, and the Contractor shall maintain all applicable licenses and permits.
F.
Survival of Rights and Obligations after Contract Expiration or Termination
1.
Contractor’s Representations and Warranties. All representations and warranties made by the Contractor under this
Contract shall survive the expiration of termination hereof. In addition, the parties hereto acknowledge that pursuant to
A.R.S. § 12-510, except as provided in A.R.S. § 12-529, 1GPA and its Members are not subject to or barred by any
limitations of actions prescribed in A.R.S. Title 12, Chapter 5.
2.
Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform and
shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination
hereof, unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders
received prior to but not fully performed and satisfied at the expiration or termination of this Contract.
8.
Contractual Remedies
A.
Right to Assurance - If 1GPA in good faith has reason to believe that the Contractor does not intend to, or is unable to
perform or continue performing under this Contract, 1GPA may demand in writing that the Contractor give a written
assurance of intent or ability to perform. Failure by the Contractor to provide written assurance within the number of days
specified in the demand may, at 1GPA’s option, be the basis for terminating the Contract under the Uniform General Terms
and Conditions.
B.
Nonconforming Tender - Materials supplied under this Contract shall fully comply with the Contract. The delivery of
materials or a portion of the materials in an installment that do not fully comply constitutes a breach of Contract. On delivery
of nonconforming materials, 1GPA may terminate the Contract for default under applicable termination clauses in the
Contract, exercise any of its remedies under the Uniform Commercial Code, or pursue any other right or remedy available
to it.
C.
Right of Offset - 1GPA and its Members shall be entitled to offset against any sums due the Contractor, any expenses or
costs incurred or damages assessed by 1GPA or its Members concerning the Contractor’s nonconforming performance or
failure to perform the Contract, including expenses, costs and damages described in the Uniform General Terms and
Conditions.
9.
Contract Termination
A.
Cancellation for Conflict of Interest - Pursuant to A.R.S. 38-511 and R7-2-1087(F) 1GPA may cancel this Contract within
three (3) years after Contract execution without penalty or further obligation if any person significantly involved in initiating,
negotiating, securing, drafting, or creating the Contract on behalf of 1GPA is, or becomes at any time while the Contract or
an extension the Contract is in effect, an employee of or a consultant to any other party to this Contract with respect to the
subject matter of the Contract. The cancellation shall be effective when the Contractor receives written notice of the
cancellation unless the notice specifies a later time.
B.
Personal Gifts or Benefits - 1GPA may, by written notice, terminate the Contract, in whole or in part, if 1GPA determines
that any person or vendor has offered, conferred or agreed to confer any personal gift or benefit on any employee who
supervised or participated in the planning, recommending, selecting or contracting of the Contract, in accordance with A.R.S.
§ 15-213(O) and R7-2-1087(G).
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C.
Gratuities - 1GPA may, by written notice, terminate the Contract in whole or in part, if 1GPA determines that employment
or a gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of 1GPA
for the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, or
favorable treatment concerning the Contract, including making of any determination or decision about contract performance
in accordance with R7-2-1087(H).
D.
Suspension or Debarment - 1GPA may, by written notice to the Contractor, immediately terminate this Contract if 1GPA
determines that the Contractor has been disbarred, suspended or otherwise lawfully prohibited from participating in any
public procurement activity, including but not limited to, being disapproved as a Subcontractor of any public procurement
unit or other governmental body.
E.
Termination for Convenience - 1GPA reserves the right to terminate the Contract, in whole or in part at any time, when in
the best interests of its Members without penalty recourse. The Contractor shall be entitled to receive just and equitable
compensation for work in progress, work completed, and materials accepted before the effective date of the termination.
F.
Cancellation for Non-Performance or Contractor Deficiency – 1GPA may terminate any contract if Members have not
used the contract, or if purchase volume is determined to be “low volume” in any 12-month period. 1GPA reserves the right
to cancel the whole or any part of this contract due to failure by contractor to carry out any obligation, term or condition of
the contract. 1GPA may issue a written deficiency notice to contractor for acting or failing to act in any of the following:
1.
Providing material that does not meet the specifications of the contract;
2.
Providing work and/or material that was not awarded under the contract;
3.
Failing to adequately perform the services set forth in the scope of work and specifications;
4.
Failing to complete required work or furnish required materials/product within a reasonable amount of time;
5.
Failing to make progress in performance of the contract and/or giving 1GPA reason to believe that the contractor will
not or cannot perform the requirements of the contract; and or
6.
Performing work or providing services under the contract prior to receiving a Member’s purchase order for such work.
Upon receipt of a written deficiency notice, contractor shall have ten (10) days to provide a satisfactory response to 1GPA.
Failure to adequately address all issues of concern may result in contract cancellation. Upon cancellation under this
paragraph, all goods, materials, work, documents, data and reports prepared by contractor under the contract shall become
the property of the Member on demand.
G.
Contractor Cancellation: Contractor may cancel this contract at any time upon thirty (30) days prior written notice to 1GPA
or on the yearly anniversary of the contract. Termination shall have no effect on projects in progress at the time the notice
of cancellation is received by 1GPA.
H.
Continuation of Performance through Termination - The Contractor shall continue to perform, in accordance with the
requirements of the Contract, up to the date of termination, as directed in the termination notice.
10.
Contract Claims
Contract claims and controversies under this Contract shall be resolved according to Arizona Department of Education
School District Procurement Code Rule A.A.C. R7-2-1155 through R7-2-1159.
Any dispute involving a 1GPA member and Vendor outside of Arizona shall be governed by the laws of the state of the
1GPA member, without regard to its provisions on conflicts of laws, and exclusive jurisdiction and venue shall lie in the city,
county, and state of the 1GPA member.
11.
Federal and State Requirement
A.
Compliance with Federal and State Requirements - Vendor shall comply with all applicable federal, state, and local
laws, statutes, ordinances, standards, orders, rules, and regulations, including, as applicable, workers’ compensation laws,
minimum and maximum salary and wage statutes and regulations, prompt payment and licensing laws and regulations.
Vendor shall comply, when working on any federally assisted projects with the following:
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1.
The Contract Work hours and Safety Standards Act, (40 U.S.C. §3701 – 3708; 29 CFR Part 5)
2.
Davis-Bacon Act, (40 U.S.C. §276a / 29 CFR Part 5)
3.
Copland Anti-Kickback Act, (18 U.S.C. §874 / 29 CFR Part 5)
4.
Equal Opportunity Employment requirements (Executive Order 11246 and 11375 / 41CFR Chapter 60)
5.
McNamara-O’Hara Service Contract Act (41 U.S.C. 351),
6.
Section 306 of the Clean Air Act (42 U.S.C. § 1857h,
7.
Section 508 of the Clean Water Act (33 U.S.C. § 1368),
8.
Executive Order 11738, Environmental Protection Agency regulations (40 CFR Part 15).
9.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part
200)
10. Education Department General Administrative Regulations, 2 C.F.R. Parts 200 and 3474, and 34 C.F.R. Parts 75-
77 and 81 (“EDGAR”),
11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.
871)
12. All applicable requirements and regulations, including those related to reporting, patent rights, copyrights, data
rights and those mandated by federal agencies making awards of federal funds to 1GPA members.
B.
Offshore Performance - Due to security and identity protection concerns, direct services under any subsequent contract
shall be performed within the borders of the United States. Any services that are described in the specifications or scope of
work that directly serve the school district(s) or charter school(s) or its clients and may involve access to secure or sensitive
data or personal client data or development or modification of software for the State shall be performed within the borders
of the United States. Unless specifically stated otherwise in the specifications, this definition does not apply to indirect or
"overhead" services, redundant back-up services or services that are incidental to the performance of the contract. This
provision applies to work performed by subcontractors at all tiers.
C.
Contractor's Employment Eligibility - By entering the contract, Contractor warrants compliance with ARS § 41-4401, ARS
§ 23-214, the Federal Immigration and Nationality Act (FINA), and all other federal immigration laws and regulations. 1GPA
or Member may request verification of compliance from any Contractor or subcontractor performing work under this Contract.
1GPA or Member reserves the right to confirm compliance in accordance with the applicable laws. Should 1GPA or Member
suspect or find that the Contractor or any of its subcontractors are not in compliance, 1GPA or Member 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.
D.
Davis-Bacon – For Federally funded projects subject to the Davis-Bacon Act, the Member shall specify the applicable Davis-
Bacon wage decision, prior to the contractor providing a firm price quotation for the proposed project. The wage decision
shall be identified by the WD Number, modification number, and date of the wage decision.
E.
Fingerprint and Background Checks - In accordance with ARS § 15-512(H), a contractor, subcontractor or vendor, any
employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual
school may be required to obtain a valid fingerprint clearance card pursuant to Title 41, Chapter 12, Article 3.1. An exception
to this requirement may be made as authorized in governing board policy of the Member District.
F.
Terrorism Country Divestments - Per ARS § 35-392, 1GPA and its Members are prohibited from purchasing from a
company that is in violation of the Export Administration Act.
G.
Registered Sex Offender Restrictions - For work to be performed at schools, contractor agrees that no employee or
employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when
students are or are reasonably expected to be present. Contractor agrees that a violation of this condition shall be considered
a material breach and may result in the cancellation of the purchase order at the Member’s discretion. Contractor must
identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will
be provided at no additional charge.
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H.
Affordable Care Act - Vendor understands and agrees that it shall be solely responsible for compliance with the Patient
Protection and Affordable Care Act, Public Law 111-148 and the Health Care Education Reconciliation Act, Public Law 111-
152 (collectively the Affordable Care Act “ACA”). Contractor shall bear sole responsibility for providing health care benefits
for its employees who provide services to the District as required by state or federal law.
I.
Boycott of Israel – Arizona public entities and other states as applicable, the member may not enter into a contract with a
company that is currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.
J.
2CFR Section 200 (EDGAR) – When a 1GPA Member seeks to procure goods and services using funds under a federal
grant or contract, specific federal laws, regulations, and requirements may apply in addition to those under state law. This
includes, the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards, 2 C.F.R. 200. All Vendors submitting bids must complete the 2CFR 200 Certification Form contained
within this document.
K.
Minority Businesses – 1GPA and its Lead Agency have taken all necessary affirmative steps to assure minority businesses,
women’s business enterprises, and labor surplus area firms are notified of any bidding opportunities when possible according
to 2 CFR Part 200.321.
L.
Civil Rights Compliance - In accordance with 7 CFR Part 210.23, Federal civil rights law and U.S. Department of Agriculture
(USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in
or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age,
or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
M.
Texas House Bill 1295 Certificate of Interested Parties – For contract entered into or after January 1, 2016, Texas
Government Code Chapter 2252.908 (H.B. 1295) states that a Texas governmental entity or state agency may not enter into
a contract unless the business entity submits a disclosure of interested parties to the governmental entity or state. The law
applies only to a contract that either (1) requires an action or vote by the governing body or (2) has a value of at least $1
million. Information from the Commission regarding the requirements, including rules and filing information, are available at
the following links:
https://www.ethics.state.tx.us/tec/1295-info.htm
https://www.ethics.state.tx.us/whatsnew/faq_form1295.html
https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm
It is the responsibility of vendors to determine the applicability of, and comply with, all disclosure laws of House Bill 1295.
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1. TERM OF CONTRACT: It is 1GPA’s intent to award a multi-term contract. The initial term of the resultant contract shall
start on June 28, 2022 and shall continue for a period of one (1) year thereafter, unless terminated, cancelled or extended
as otherwise provided herein.
2. CONTRACT EXTENSION: 1GPA reserves the right to unilaterally extend the period of any resultant contract month to
month beyond the stated expiration date if that is determined to be in the best interests of Members. In addition, by
mutual written agreement, any resultant contract may be extended for a supplemental period up to a maximum of forty-
eight (48) months in twelve (12) month increments.
3. RENEWAL OF CONTRACT: Conditions for renewal of the contract shall include, but are not limited to: contract usage,
satisfactory performance of services during the preceding contract term, ability to continue to provide satisfactory
services, continued adherence to the contract requirements, and continued competitive prices for the materials and
services provided under the contract.
4. CONTRACT TYPE: The term contract shall be a percent of discount off manufacturer’s price list or catalog, or fixed
price, or a combination of both with indefinite quantities.
5. FORM OF CONTRACT: The form of contract for this solicitation shall be the Invitation for Bid, and the awarded Bid(s),
and properly issued purchase orders incorporating each member’s specific policies and P.O. terms and conditions
referencing the requirements of the Invitation for Bid. If a firm submitting a Bid requires 1GPA and/or Member to sign an
additional agreement, a copy of the proposed agreement must be included with the Bid. Partial bids will be accepted.
6. SUPPLEMENTAL AGREEMENTS: The 1GPA Member and Contractor may enter into a separate supplemental
agreement to further define the level of service requirements over and above the minimum defined in this Solicitation
such as invoice requirements, on campus service specifics, etc. Any supplemental agreement developed as a result of
this Solicitation is exclusively between the Member and Contractor and may not materially change any of the terms and
conditions contained herein. 1GPA, its agents, members and employees shall not be made party to any claim for breach
of such agreement. Any supplemental agreement between the Member and Contractor is exclusively between the
Member and the Contractor and will be subject to immediate cancellation by the Member (without penalty) if, in the opinion
of the Member, the quality, service and specification requirements and/or the terms and conditions are not maintained as
stated in the supplemental agreement.
7. BID ACCEPTANCE PERIOD: In order to allow for an adequate evaluation, 1GPA requires a Bid in response to this
solicitation to be valid and irrevocable for ninety (90) days after the opening time and date.
8. ELECTRONIC SUBMITTAL - REQUIRED: An electronic submission is required. The electronic submission is to be
uploaded online through OpenGov Procurement. Submittal instructions for OpenGov Procurement are found on the last
page of this document under Exhibit A.
9. BID OPENING: Bids shall be opened on the date and time, and at the place designated on the cover page of this
document, unless amended in writing by 1GPA. The name of each Bidder and pricing submitted shall be read at this
time. All Bids and any modifications and other information received in response to the Invitation for Bid shall be shown
only to authorized Lead Agency/1GPA personnel having a legitimate interest in the evaluation. After contract award, the
Bids and evaluation document shall be open for public inspection.
10. TIME STAMP Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no
later than the time indicated in the Invitation for Bid (IFB). Bids received after the time stated in the IFB will not be
considered and will remain unopened. Bidder assumes the risk of any delay in their submission. 1GPA strongly
SPECIAL TERMS AND CONDITIONS
1GPA
22-15P Asphalt Products and Services
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recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the
uploading process and to finalize your submission.
11. AWARD: Contract(s) shall be awarded to the lowest responsible and responsive Bidder(s) whose Bid(s) conforms in all
material respects to the requirements and evaluation criteria set forth in the Invitation for Bids. No criteria may be used
in bid evaluation that is not set forth in the Invitation for Bids. The amount of any applicable transaction privilege or use
tax of a political subdivision of the state of Arizona is not a factor in determining the lowest Bidder.
12. MULTIPLE AWARDS: 1GPA has a large number and variety of potential using districts and agencies at locations
throughout the United States and abroad. In order to assure that any ensuing contracts will allow 1GPA to fulfill current
and future requirements; 1GPA reserves the right to award contracts to multiple vendors. Such decision will be based
upon consideration for Members’ experience with existing products and systems, brand continuity for parts replacement
and future expansion, contractor’s ability to provide for a large diverse Membership, and/or geographic areas served.
The actual use of any contract will be at the sole discretion of 1GPA members. Contracts may be awarded, as applicable,
by individual line item, groups of line items, or categories, incrementally, by region, or by location. The awards will be
limited to the least number of Bidders that 1GPA determines is necessary to meet the needs of it’s Members. Bidder
should consider the fact that 1GPA may award multiple contracts in preparing their response. The fact that 1GPA may
make multiple contracts, award only one contract, or make no awards rests solely with 1GPA. Bidders are not required
to Bid on all items specified in this Bid.
13. ADMINISTRATION FEE: 1GPA’s .01 (1%) administration fee shall be included in Bidder’s net price. Contractor shall
not add the administration fee to approved contract prices. 1GPA will invoice the Vendor on a monthly basis for the
administrative participation fee. The invoice will be based on total sales made through the 1GPA contract with the Vendor.
Invoices will be issued at the time a Purchase Order is received by 1GPA. Invoices are due and payable upon receipt.
14. PRICING: Contract pricing must be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s)
2) Firm fixed price
3) A combination of the above
15. COMBINATION PRICING: Bids for combination contracts shall clearly identify items covered by discount(s) and those
with fixed prices. Prices for such contracts shall be adjusted as identified for the appropriate contract type above.
16. PRICE STRUCTURES: Contractors are responsible for providing copies of, or access to, current product prices.
Discounts: Discount bids must clearly identify the minimum percentage of discount to apply to an MSRP, a manufacturer’s
list price, a vendor’s catalog, or price list, etc. Contractors shall continuously monitor and provide price updates when
available. At the time of purchase, Contractor may offer deeper discounts based on volume or other factors as applicable.
The price reduction shall be available to all Members making similar purchases under the Contract. If multiple discounts
apply, bidder shall clearly indicate the discounts and applicable materials or services. There will be no reduction of
minimum discount(s) during the term of the contract.
Verifiable Price Index: A 24/7 publicly available and verifiable price schedule can be provided. This dynamic pricing
structure is updated automatically as the advertised price updates to market conditions and competitive benchmarking.
This ensures that Members receive savings as the Contractor recognizes them.
17. PRICE ADJUSTMENT FOR FIXED PRICING: Fixed price offers shall include prices for any and all items proposed
under the contract. Fixed prices shall be firm until each anniversary date of contract unless there is an occurrence of one
or more allowable economic price adjustment contingencies. If allowable price adjustment contingencies occur, contract
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22-15P Asphalt Products and Services
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vendor may submit a fully documented request for price adjustment to 1GPA. The supporting documentation shall
clearly justify the basis for the proposed price increase and may include, but is not limited to, letters from manufacturers,
applicable industry price index data, letters from freight/shipping companies, etc. The documentation must substantiate
that any requested price increase was clearly unpredictable at the time of bid submittal and results from an increased
cost to contract vendor that was out of contract vendor’s control.
18. PRICE REDUCTION: A price reduction adjustment may be offered at any time during the term of a contract and shall
become effective upon notice.
19. NEW PRODUCT: New products/services may be added during the term of the contract upon written request providing
it is within the original scope of this IFB. All requests are subject to review and approval by 1GPA. Successful vendor
shall be responsible for notifying 1GPA of all discontinued products in writing.
20. TRAVEL EXPENSE REIMBURSEMENT: Vendor shall be responsible for travel arrangements and expenses. Travel
expenses may be billed for certain in-state and out-of-state travel expenses on a case-by-case basis. Vendor shall seek
Member approval before billing for any in-state or out-of-state travel expenses. If approved by the Member, in-state
and out-of-state travel expenses shall be reimbursed in accordance with the Member’s state travel policy. The travel
policy may be accessed via the internet at the US General Services Administration’s website:
https://www.gsa.gov/travel/plan-book/per-diem-rates.
21. QUANTITIES: 1GPA estimates considerable activity resulting from this award. Based on historical data from previous
contracts as well as member surveys, 1GPA estimates usage of this contract to be $10 Million annually. A current list
of 1GPA Members may be found at:
https://www.dropbox.com/s/9i5d6xhsmob7hcp/1%20-%20PUBLISHED%20Membership%20List.xlsx?dl=0
1GPA makes no guarantee or commitment of any kind concerning quantities that will actually be purchased. 1GPA makes
no guarantee or commitment of any kind regarding usage of any contracts resulting from this Solicitation.
22. SHIPPING TERMS: Prices shall be F.O.B. Destination or F.O.B. Destination Freight Allowed as indicated under the
pricing submittal. Vendor shall retain title and control of all goods until they are delivered, and the contract of coverage
has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. All claims
for visible or concealed damage shall be filed by the Vendor. 1GPA Members will notify the vendor promptly of any
damaged goods and shall assist the vendor in arranging for inspection.
23. DELIVERY: Unless otherwise agreed upon between the Member and the Contractor, delivery is desired within thirty
(30) days of receipt of purchase order. Any outstanding items delivered after this date may be canceled and deleted from
the purchase order. Bidder shall be responsible for delivery of items in good condition at point of destination, and return
of all items that do not meet specifications. Bidder shall file with carrier all claims for breakage, imperfections and losses,
which will be deducted from invoices. The receiving Member will report to the successful Bidder when packages are not
received in good condition.
24. INSTALLATION AND TRAINING: Proposed price for initial installation must include complete installation and training
of designated Member personnel on the proper use and care of products supplied.
25. PROTECTION OF MEMBERS: The Bidder shall protect the Member's property from damage or loss arising in connection
with this contract. He shall make good any such damage, injury or loss caused by his operations, or those of his
employees, to the satisfaction of the Member. The Bidder shall confine his equipment, storage of materials and the
operation of his workmen to the limits as indicated by the Unit Foreman in the area in which the work is being performed.
SPECIAL TERMS AND CONDITIONS
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22-15P Asphalt Products and Services
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Any damage caused to Member’s facilities, lawns, etc., shall be repaired immediately or replaced at no expense to the
Member.
The successful Bidder shall take all necessary precautions for the safety of students, employees and the public, and shall
comply with all applicable provisions of Federal, State and Municipal Safety Laws. He agrees that he is fully responsible
to the Member for the acts and omissions of any and all persons whether directly or indirectly employed by him. He shall
maintain such insurance as will protect him and the Member from claims or damage for personal injury, including death,
which may arise from operations under this contract.
26. BRAND NAMES: Any manufacturer’s names, trade names, brand names or catalog numbers used in the specifications
are for the purpose of describing and/or establishing the quality, design and performance required. Any such reference
is not intended to limit or restrict a Bid by any vendor but is only enumerated in order to advise potential Bidder of the
requirements of 1GPA. Any Bid which proposes like quality, design or performance will be considered.
27. NEW PRODUCT: All products supplied pursuant to this specification shall be new, unused, and the most current
available at time of order.
28. PRODUCT RECALL NOTICES: In the event of any recall notice, technical service bulletin, or other important notification
affecting product purchased from this contract, a notice shall be sent to the Contract Administrator with 1GPA and the
Member. It shall be the responsibility of the Contractor to assure that all recall notices are sent directly to the agency
Member Representative.
29. SAFETY STANDARDS: All items supplied on this contract must comply with the current applicable occupational safety
and health standards of the State of Arizona Industrial Commission, the National Electric Code, and the National Fire
Protection Association Standards.
30. RESPONSIBILITY OF BIDDERS: Factors to be considered in determining if a Bidder is responsible may include:
A. The Bidder’s financial, material, personal and other resources, including subcontractors;
B. The Bidder’s record of performance and integrity;
C. Whether Bidder is qualified legally to contract with the public entity;
D. Whether Bidder supplied all necessary information concerning its responsibility;
E. Complaints on file with the Registrar of Contractors;
F. Prior litigation history.
31. LICENSES: Contractor shall maintain in current status all federal, state and local licenses and permits required by the
operation of the business conducted by the contractor.
32. CONTRACTOR LICENSE LAW: Contractor shall comply with State and City Contractors License Law, be duly registered
and licensed thereunder. Attach photocopy of license as requested in the “Vendor Submissions” section of the OpenGov
Procurement online portal.
33. FEES AND PERMITS: Upon request of the Member, Contractor will be responsible for obtaining any and all permits
required to perform installation. The installation shall be in complete compliance with all governing agencies including
but not limited to City Building and Fire Codes. All required fees and permits must be included in the total Bid price as a
pass-through cost (no markup) when pricing is submitted to 1GPA Member for each project.
34. INSPECTION: Each job will have a final inspection and acceptance by 1GPA Member staff. Any discrepancies noted
during the inspection will be corrected prior to final payment. Field inspections will be performed by Member upon
completion of the Project and appropriate governing agencies (if applicable).
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22-15P Asphalt Products and Services
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35. DAMAGES: The successful contractor shall be liable for any and all damage caused by him or his employees to the
1GPA Member premises. The Bidder shall hold and save 1GPA and Member free and harmless from liability of any
nature or kind arising from any use, trespass, or damage occasioned by his operations on premises or third persons.
36. CLEAN UP: The Contractor, at all times, shall keep the premises free from accumulation of waste materials or rubbish
caused by construction operations. Upon completion of the work, remove all waste materials and rubbish from and about
the Project, as well as tools, construction equipment, machinery and surplus materials.
If the Contractor fails to clean up the work, the 1GPA Member may do so and the cost thereof shall be charged to the
Contractor.
Remove all surplus materials and debris of every nature resulting from operations, and put site in a neat, orderly condition.
37. WARRANTY: All workmanship shall be warranted for a minimum of two (2) years from date of acceptance of project.
This will be submitted in written form to the 1GPA Member at completion of Project. All products shall be covered by the
manufacturer’s standard warranty.
38. BILLINGS: All billing notices shall identify the specific item(s) being billed. Item(s) are to be identified by name,
model/serial number as most applicable. Any purchase/delivery order issued will refer to the contract number resulting
from this solicitation.
39. INSURANCE: Bidder agrees to maintain such insurance as will fully protect Bidder, 1GPA and its Member from any and
all claims under any workers’ compensation statute or unemployment compensation laws, and from any and all other
claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise
from work or other activities carried on, under, or facilitated by this Agreement, either by Bidder, its employees, or by
anyone directly or indirectly engaged or employed by Bidder. Bidder agrees to maintain such automobile liability
insurance as will fully protect Bidder, 1GPA and its Member for bodily injury and property damage claims arising out of
the ownership, maintenance or use of owned, hired or non-owned vehicles used by Bidder or its employees, while
providing services to 1GPA Members.
Successful Offeror will be required to provide proof of and maintain comprehensive general liability insurance with a limit
of not less than $1,000,000 per occurrence and $2,000,000 aggregate coverage. Awarded vendor shall provide a
certificate that names the 1GPA Member as the certificate holder as required. In addition, awarded vendor shall be willing
to provide, upon request, a certificate of insurance to any Member using this contract.
Successful Bidder will be required to submit proof of and maintain Worker’s Compensation and Employer’s Liability
Insurance as required by law.
40. KEY PERSONNEL: It is essential that the contractor provide adequate experienced personnel, capable of and devoted
to the successful accomplishment of work to be performed under this contract. The contractor must agree to assign
specific individuals to the key positions.
A. The contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or
replaced without written notice to 1GPA or Member.
B. If key personnel are not available for work under this contract for a continuous period exceeding 30 calendar
days or are expected to devote substantially less effort to the work than initially anticipated, the contractor shall
immediately notify the 1GPA Member and shall, subject to the concurrence of the Member, replace such
personnel with personnel of substantially equal ability and qualifications.
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22-15P Asphalt Products and Services
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41. EMPLOYEE IDENTIFICATION: All employees must check in at the front office of each Member site. The employee
must have an identification badge at all times in clear view, with picture ID and name of firm. In addition, the employee
shirt must have the company name on it. Failure to have any of these items may result with the employee being escorted
off property.
42. BID SECURITY: School procurement rules require that all competitive sealed procurement for construction have bid
security, if the amount of construction contract will exceed the amount established by R7-2-1002(A). Bid security as a
percentage of the bid amount is unacceptable, as this is a term contract with no specific bid amount.
Bidders shall include acceptable bid security in the amount of $100,000 with submission of their Bid.
Acceptable bid security for this solicitation will be a certified check, or an annual or one time bid bond underwritten by a
surety company licensed to issue bid bonds in the appropriate state construction with take place, with the principal being
the prime contractor and 1GPA being the Agency of Record.
Scan and upload a copy of the bid security under item 7.2 “Bid Security” in the Vendor Submissions section of the project
on the OpenGov Procurement online portal. Vendors should also mail the original bid security no later than the bid due
date and time addressed to:
1GPA
Attn: Rebecca Seifert
1910 West Washington Street
Phoenix, AZ 85009
43. PERFORMANCE AND PAYMENT BONDS: Performance and Payment Bonds between the 1GPA member and the
prime contractor shall be executed on forms substantially equivalent to the forms provided at the end of this solicitation
document.
Upon execution of a contract between 1GPA member and prime contractor, performance and payment bonds shall be
provided to the member as required in R7-2-1103 as applicable. The prime contractor agrees to notify the 1GPA member
in writing of this requirement before accepting any work orders. If the prime contractor fails to deliver any required
performance or payment bonds, the contract with 1GPA may be terminated. The contractor may be asked to supply
copies of performance and payment bonds to 1GPA for administrative purposes.
Performance Bond - The Contractor shall be required to furnish an irrevocable security in the amount of 100% of the total
contract price payable to the 1GPA Member, binding the Contractor to provide faithful performance of the contract.
Payment Bond - The Contractor shall be required to furnish non-revocable security for the protection of all persons
supplying labor and material to the Contractor or any subcontractor for the performance of any work related to the
contract. Payment security shall be in the amount of 100% of the total contract price and be payable to the 1GPA Member.
44. MEMBER DELAYS: As required by R7-2-1087(D), the Contractor will negotiate with 1GPA Member for the recovery of
damages related to expenses incurred by the Contractor for a delay for which the 1GPA Member is responsible, that is
unreasonable under the circumstances and that was not within the contemplation of the parties to the contract. This
negotiation does not void any provision in the contract that requires notice of delays, provides for arbitration or any other
procedure for settlement or provides for liquidated damages.
45. PROGRESS PAYMENTS: R7-2-1105 allows for progress payments to the contractor of construction if the contractor
agrees to adhere to ARS 41-2577 (B) (D) (F). All progress payments must be invoiced to the 1GPA member. It is the
responsibility of the 1GPA member to review and approve any estimates of work completed. Payment shall be made
within 14 days after the estimate of the work is certified and approve, except that a percentage of all estimates shall be
retained as provided in R7-2-1104. If the 1GPA member issues a written statement to the Contractor that the estimate
SPECIAL TERMS AND CONDITIONS
1GPA
22-15P Asphalt Products and Services
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of work is not approved and certified, the 1GPA member may withhold an amount from the progress payment that the
1GPA member reasonably expects to incur in correcting the deficiency set forth in the written finding, as permitted in R7-
2-1105 (A). In such cases, the Bidder agrees to hold 1GPA harmless for any deficiency payment.
Progress payments may be made to the prime contractor on the basis of a duly certified and approved estimate of work
performed during the preceding month. The prime contractor must agree to pay any subcontractors or material suppliers
within seven (7) days of their receipt of the progress payment, unless otherwise agreed upon in writing between the
parties involved.
Once all bonds are in place, the prime contractor and the 1GPA member will agree upon a schedule of payments based
on identifiable milestones.
If any payment to the Contractor is delayed after the date due, interest shall be paid at the rate of one percent per month,
or a fraction of a month, on such unpaid balance as may be due. Any late charges will be the responsibility of the 1GPA
Member.
Acceptance of final payment is a waiver of all claims except unsettled claims previously made in writing.
46. RETENTION: Ten (10) percent of all contract payments shall be retained by the 1GPA member as insurance of proper
performance of the Contractor. Contractor agrees to identify the amount to be retained on invoices to 1GPA member for
each progress payment.
When the contract is fifty (50) percent completed, one half of the amount retained shall be paid to the Contractor upon
the Contractor’s requests provided the Contractor is making satisfactory progress on the contract and there is no
specific cause or claim requiring a greater amount to be retained.
After the contract is fifty (50) percent completed, no more than five percent of the amount of any subsequent progress
payments shall be retained providing the Contractor is making satisfactory progress on the project, except if at any time
the governing board of the Member determines satisfactory progress is not being made, at which point ten percent
retention shall be reinstated.
Retention applies only to amounts payable for construction and does not apply to amounts payable for design services,
preconstruction services, finance services, maintenance services, or any other related services included in the contract.
If the 1GPA member and the contractor agree to a substitute security, the agreement must be in full compliance with
R7-2-1104 (D)(E)(F)(G). If a substitute security is agreed to, the prime contractor must provide 1GPA member with a
signed and acknowledged waiver of any right or power of the obligor to set off any claim against 1GPA member.
Notwithstanding R7-2-1104(A), there shall be no retention for job-order-contracting construction services contracts
47. REFERENCES: For complete information on references and definitions used for specifications in the solicitation
please visit websites below:
ASTM International (ASTM): www.atsm.org
Arizona Registrar of Contractors (ROC): www.azroc.gov/l_class.html
Code of Federal Regulations (CFR): www.gpoaccess.gov/cfr/index.html
International Organization for Standardization (ISO): www.iso.org
Maricopa Associations of Governments Uniform Standard Specifications for Public Works Construction:
https://azmag.gov/Portals/0/Documents/MagContent/2022_MAG_Uniform_Standard_Specifications_for_Public_Works_
Construction_SPECS_FINAL.pdf
Occupational Safety and Health Administration (OSHA): www.osha.gov
SCOPE OF WORK
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1. PURPOSE
The purpose of this Invitation for Bid (IFB) is to establish contracts with responsive/responsible contractors that provide
asphalt products and services to be utilized by 1GPA Members nationally on an as-needed basis.
1GPA 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 best interest of the Members of 1GPA.
2. BACKGROUND
1Government Procurement Alliance (1GPA), is a non-profit national governmental purchasing cooperative which allows
public agencies to take advantage of existing contracts to purchase the goods and services they need from local and
national vendors. Eligible using members include school districts, charter schools, universities, colleges, cities, towns,
municipalities, counties, states, local governments, federal government, Native American communities, fire districts, and
any other political subdivision.
The Pinal County Education Service Agency’s (PCESA) Mary C. O’ Brien Accommodation District (MCOB) acts as a Lead
Agency for 1GPA. PCESA provides programs and services for approximately 45,000 students within 21 public school
districts, in addition to the growing number of private and charter schools within Pinal County. Also served by PCESA is a
large Indian community including parts of the Tohono O’ odham Nation (Papago & Pima Indians), the San Carlos Apache
Indian Reservation, and Gila River Indian Community, along with the entirety of the Ak-Chin Indian Community Pinal County
was founded in 1875 and is located in the central part of Arizona between Maricopa County (Phoenix) on the north and
west sides, Gila County also on the north, Pima County (Tucson) on the south and Graham County on the East. It covers
an area of 5,374 square miles. The estimated population in 2017 was 430,200 and growing. The county seat is located in
Florence, AZ as is the Pinal County School Superintendent’s office.
1GPA currently holds contract 17-16P Asphalt Products and Services with three (3) vendors. The contract is in the fifth
and final year, expiring June 28, 2022 at which time this contract will become effective.
3. REFERENCE SPECIFICATIONS: Products and services provided under this contract shall comply with all applicable
state, local and federal laws, statutes, ordinances and codes including the Uniform Standard Specifications and Details for
Public
Works
Construction
sponsored
and
distributed
by
the
Maricopa
Association
of
Governments
(https://azmag.gov/Portals/0/Documents/MagContent/2022_MAG_Uniform_Standard_Specifications_for_Public_Works_
Construction_SPECS_FINAL.pdf) and be in accordance with the standards and specifications set forth by the American
National Standards Institutes (ANSI – https://www.ansi.org) and the American Society for Testing Materials (ASTM –
https://www.astm.org).
4. SCOPE OF WORK
The scope of work for this solicitation includes an extensive and comprehensive array of asphalt products and services as
outlined herein. This is NOT an “All or Nothing” bid. Bidders are encouraged to submit bids on single or multiple categories
and/or for single or multiple regions. The categories listed represent the products and services needed, however this is not
intended to be a comprehensive list. The contract will include any related products and services:
4.1. Existing Asphalt Repair and Maintenance may include, but is not limited to:
•
surface patches
•
crack sealants
•
hot rubber crack fills
•
pavement
SCOPE OF WORK
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22-15P Asphalt Products and Services
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•
full depth surface patching
•
slurry
•
Cationic Type II slurry seals
•
emulsion seal coats
•
polymer modified master sealant
•
fog sealant
•
tire rubber modified sealant
4.2.
New Asphalt may include but is not limited to:
•
new parking areas
•
driveways
•
sidewalks
•
playground walkways
•
golf cart and bicycle paths
4.3.
Related Products and Services may include but are not limited to:
•
speed bumps
•
speed humps
•
fabric underlays
•
saw cutting
•
striping
•
milling
•
pulverizing
•
lime soil stabilization
•
site grading
•
manhole adjustment
•
water/sewage cover adjustments
•
survey monuments
•
safety bollards
•
concrete extruded curbs (with or without rebar)
•
wheel stops
•
gutters
•
ramps (handicap)
•
flatwork
•
construction surveys
•
traffic controls and barricades
•
preventative maintenance
•
other similar asphaltic related services
4.4.
Installation, Repairs, Maintenance and Removal Services
4.4.1.
Contractor shall have the licenses, tools, equipment, materials, and technical ability to provide services.
4.4.2.
The Contractor shall provide all labor, supervision, transportation, equipment (including personal
protection equipment), tools, and all effort necessary to install, repair, maintain and remove various forms
of asphalt and related materials. Planning, administration and management services necessary to
complete the work performed under this contract are also included.
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22-15P Asphalt Products and Services
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4.4.3.
The Contractor shall protect existing structures to prevent damage and shall restore damaged structures
to their original state. Trees and existing vegetation shall be protected against unnecessary cutting,
breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction
materials or excavated materials within drip line, excess foot or vehicular traffic or parking of vehicles
within a drip line.
4.4.4.
Any worked performed under this contract shall be compliant with manufacturer recommendations as to
not void any applicable warranties.
4.4.5.
Where there is work that will interfere with the normal flow of traffic, the Contractor shall submit to the
Member and any applicable jurisdictions for approval a plan for the maintenance of traffic through the
construction area. This plan should show the type of warning signs, barricades, traffic cones, etc., and
their placement and where flagmen, if necessary, will be stationed. The Contractor shall not begin any
work which will interfere with any traffic until the plans are approved by the appropriate parties.
4.4.6.
Contractor shall remove small trees, shrubs, grass and other vegetation, improvements or obstructions
as indicated in the Scope of Work for the specific project if applicable. Removal includes digging out and
off-site disposing of stumps and roots.
4.4.7.
Contractor shall remove from Member’s property and legally dispose of all waste materials removed during
the construction of the project. Contractor shall not dump or put any waste into dry wells, dumpsters or
landscape areas at any time.
4.4.8.
Prior to starting any work, Contractor shall notify the Member of any specification that conflicts with
applicable rules, regulations, statutes, ordinances, codes, and standards, and offer an alternate solution.
Contractor shall obtain approval from the Member prior to using any alternate specifications for any work
to be performed under the contract.
4.4.9.
All work shall be accomplished in a manner to match adjacent existing work in the same area where
practicable. Contractor will not alter Member’s existing facilities without prior approval from Member.
4.4.10.
Upon request from Member, Contractor shall obtain permits required for a job. Member shall reimburse
Contractor for actual cost of such permits. No amount for overhead and profit will be allowed for permits.
4.5.
Change Orders: All change orders shall be approved by the Member in writing prior to the start of work. Contractor
shall keep a record at jobsite of all changes and corrections to the layouts shown in the drawings and record all
changes and corrections on record drawings. Each sheet of the corrected set shall be stamped with “Record
Drawings As-Built,” or similar notation. Record Drawings shall include the actual location of all sub surface utility
lines, and any overhead obstructions, as applicable.
4.6.
Quality: all work performed by the Contractor shall be subject to inspection and approval by the requesting Member.
Standard of quality and performance indicated in the specifications and scope of work shall be understood as the
minimum requirements. Unless otherwise indicated in the specifications or drawings, all work shall be done in
accordance with specifications and/or recommendations of the manufacturer of the product to be applied.
4.7.
Safety: Contractor shall take all necessary precautions for the safety of, and shall provide all necessary
protection to prevent damage, injury, or loss to the following:
•
All employees on the worksite and all other persons who may be affected thereby.
SCOPE OF WORK
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•
All the work, materials, and equipment to be incorporated therein.
•
Other properties at the site of, adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of
construction.
The Contractor shall provide and place barricades, tarps, plastic, flag tape and other safety/traffic equipment
required to protect its employees, the public, surrounding areas, equipment and vehicles.
Safety Data Sheet (SDS) forms required for compliance with OSHA safety and health standards shall be supplied
by the Contractor. This includes products containing asphalt, artificial asphalt, asphalt rock or bituminous rock,
amesite, catalyzed asphalt, petroleum asphalt, petroleum pitch, coal tar pitch and all paints used for striping and
making, whether oil or acrylic base and cement. This information shall be supplied by the manufacturer and made
available to Member if requested.
5. SCHEDULING REQUIREMENTS
5.1.
Contractor shall coordinate all service schedules with the Member.
5.2.
Contractor shall be prepared with well-maintained equipment inventory/materials and satisfactory transportation for
delivery at the work site to meet the customer demand and delivery requirements.
5.3.
Labor rates bid shall include all direct labor, supervision, overhead, tools, and common expendables. Labor rates
shall be divided into the following categories:
5.3.1.
Regular Service: work performed between 6:00 AM to 6:00 PM, Monday through Friday, excluding
holidays.
5.3.2.
After Hours: work performed after 6:00 PM and before 6:00 AM the next morning.
5.3.3.
Weekends & Holidays: work performed Saturday, Sunday, or during a holiday.
6. ORDERING AND JOB COMPLETION PROCESS
6.1.
Request for Service: The 1GPA Member will notify the Contractor of the need for asphalt related services. The
Contractor shall have the ability to create and manage numerous individual accounts for order placement, billing,
and reporting purposes.
6.2.
Site Visit: Dependent upon the complexity/nature of the project, a site visit may be held by the Member to allow the
contractor(s) to inspect and observe important issues regarding the project to ensure accurate cost estimates.
6.3.
Project Quotations: After a site review of the project, Contractor shall submit the project quote to the Member
within the specified time frame. Quotes should be easily verifiable against the contract pricing and include the 1GPA
contract number.
1GPA Members may use this contract and select awarded contractors based on their own best practices. The
Member’s selection process may include scope of work, overall price of the project, project time restrictions, and
other practices determined by the Member.
SCOPE OF WORK
1GPA
22-15P Asphalt Products and Services
Page 30 of 35
6.4.
Purchase Order: The Member shall issue a purchase order upon approval of the quotation and prior to the
commencement of any work. The purchase order should reference the 1GPA contract number. No work shall
commence until a purchase order is issued by the requesting Member.
6.5.
Delivery and Installation: Contractor will notify the Member when material has been received and provide a
proposed project completion date. Installation shall start within seven (7) working days after material is received
unless otherwise agreed upon by the Member and the Contractor. Materials shall be delivered to the worksite in
new, dry, unopened and well-marked containers showing the product and Contractor’s name. Damaged or
unlabeled materials may be rejected by the Member. Materials will be delivered in sufficient quantity to allow for
continuity of work. Delivery will be coordinated with the designated Member’s representative. Damaged or rejected
materials shall be immediately removed from the work area unless otherwise approved by the Member.
6.6.
Preconstruction Meeting: When requested by the Member, the Contractor will arrange a meeting at the site with
the supervisor and the Member to review site conditions, security procedures, work responsibilities, loading and
unloading restrictions, etc.
6.7.
Final Cleanup: Final cleanup shall include replacing any materials disturbed as a result of erecting or removing
barricades, removal and proper disposal of all debris generated, and repair of defaced or disfigured finishes caused
by work performed including any concrete structures where asphalt products have been splashed.
6.8.
Final Inspection: Each job will have a final inspection by the Member and/or governing authorities prior to final
payment. Deficiencies shall be corrected within three (3) business days unless otherwise agreed upon between
the Member and the Contractor.
6.9.
Invoicing: After completion of services, the Contractor shall submit a detailed invoice to the Member. The invoice
should be easily verifiable against the contract pricing schedule and shall include the Member’s purchase order
number, the 1GPA contract number and the job location.
6.10.
Payment After Job Completion: Payment shall not be provided until inspection is completed and an approval
signature is provided by the authorized Member representative. In case of non-satisfactory completion of any
individual project, the Member reserves the right to withhold payment as permissible by law.
6.11.
Progress Payments: Members may make progress payments under the following conditions:
6.11.1. Member and Contractor agree to the terms of the progress payments prior to issuing a purchase order
6.11.2. Purchase order describes the amounts or percentages and the dates or frequency of payments
6.11.3. Payments are made in full compliance with Member’s local governing entity rules
7. OTHER
Other supplementary products and services associated with asphalt products and services offered but not specifically
listed herein.
SUBMITTAL REQUIREMENTS
1GPA
22-15P Asphalt Products and Services
Page 31 of 35
1.
ELECTRONIC SUBMITTAL - REQUIRED:
An electronic submission is required. The electronic submission is to be uploaded online through OpenGov
Procurement. Submittal instructions for OpenGov Procurement are found on the last page of this document under
Exhibit A.
Bids will be time stamped when received by OpenGov Procurement. Bids will be accepted up to but no later than the
time indicated in this Solicitation or as amended in writing by 1GPA. Bids will not be received or considered after the
time stated in this Solicitation (or as amended). Offeror assumes the risk of any delay in their submission. 1GPA strongly
recommends that you give yourself sufficient time and at least ONE (1) day before Bid Due Date and Time to begin the
uploading process and to finalize your submission.
2.
BID FORMAT AND SUBMISSION REQUIREMENTS THROUGH OPENGOV PROCUREMENT:
Each bid should be submitted on the forms and in the format specified. 1GPA will not provide any reimbursement for
the cost of developing or presenting bids in response to this Solicitation. Complete each section on the OpenGov
Procurement platform for this project. Items marked with an asterisk require a response to submit your bid. Failure to
include the requested information may have a negative impact on the evaluation of the bid.
3.
PRICING TABLE:
Complete the pricing tables in OpenGov Procurement for this project. You must enter a minimum discount, maximum
cost, or No Bid for each line item as indicated on every table. Additional pricing information may be uploaded under
item 6. “Cost” of the Vendor Submission section of this project on the OpenGov Procurement online portal.
Any reference to a manufacturer is not intended to limit or restrict a bid by any vendor but is only enumerated in order
to advise potential bidders of the requirements of 1GPA. Any like manufacturers/items will be considered.
4.
AMENDMENT ACKNOWLEDGEMENT:
Solicitation amendments shall be acknowledged through the OpenGov Procurement portal during bid submission. If an
amendment is issued after your bid has been submitted to the portal, you must log back in, unsubmit your bid,
acknowledge the new amendment and resubmit the bid. Click the “?” in the top right corner of the home screen to
access the OpenGov Procurement Help Center or use the chat feature in the lower right-hand corner to ask for
assistance from OpenGov Procurement.
1GPA
22-15P Asphalt Products and Services
Page 32 of 35
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT,
(hereinafter called Principal), as Principal, and
, a corporation organized and existing under the laws of the State
Of
, with its principal office in the City of
, (hereinafter called the
Surety), as Surety, are held and firmly bound unto 1Government Procurement Alliance (hereinafter called the Obligee) in
the amount of ___________________________________________ (Dollars) ($________________________) , for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a Bid for:
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment
of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between
the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party
to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be
fixed by a judge of the Court.
Witness our hands this _____________ day of ______________________________________________ 20 ____________
Principal Seal
BY
Surety Seal
BY
Agency of Record
1GPA
22-15P Asphalt Products and Services
Page 33 of 35
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT, ___________________________________________________________________________________________
(hereinafter called Principal), as Principal, and ________________________________________________________________
________________________________________________ , a corporation organized and existing under the laws of the State
Of ____________________________________________________________________ , with its principal office in the City of
__________________________________________________________________________________ , (hereinafter called the
Surety), as Surety, are held and firmly bound unto the Name of the 1GPA Member goes here (hereinafter called the Obligee) in
the amount of ________________________________________ (Dollars) ($________________________) , for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the ___________________
day of ___________________________________________________ 20________, for the material, service or construction
described as ___________________________________________________________________________________________
______________________________________________________________________________________________________
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform
and fulfill all the undertakings, convenants, terms, conditions and agreements of said contract during the original term of said
contract and any extension thereof, with or without notice to the Surety and during the life of any guaranty required under the
contract, and shall also perform and fulfill all the undertakings, convenants, terms, conditions, and agreements of any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived; then the above obligations shall be void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may be
fixed by a judge of the Court.
Witness our hands this _____________ day of ______________________________________________ 20 _______________
______________________________________________
Principal Seal
BY ______________________________________________
______________________________________________
Surety Seal
BY _____________________________________________
_____________________________________________
Agency of Record
1GPA
22-15P Asphalt Products and Services
Page 34 of 35
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT,
(hereinafter called Principal), as Principal, and
, a corporation organized and existing under the laws of the State
Of
, with its principal office in the City of
, (hereinafter called the
Surety), as Surety, are held and firmly bound unto the Name of the 1GPA Member goes here. (hereinafter called the Obligee) in
the amount of
(Dollars) ($________________________) , for the payment
whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
day of
20
,to construct and complete a certain
work described as
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly pay all
monies due to all persons supplying labor or materials to him or his subcontractors in the prosecution of the work provided for
in said contract, then this obligation shall be void, otherwise to remain in full force and effect.
The prevailing party in a suit on this bond shall recover as a part of his judgment such reasonable attorneys' fees as may
be fixed by a judge of the Court.
Witness our hands this
day of
, 20
Principal Seal
BY
Surety Seal
BY
Agency of Record
1GPA
22-15P Asphalt Products and Services
Page 35 of 35
EXHIBIT A
OPENGOV PROCUREMENT SUBMISSION INSTRUCTIONS
Please contact OpenGov Procurement at http://help.procurenow.com/en/collections/1392366-vendor-guides for technical
questions related to your submission.
Please follow these instructions to submit via the OpenGov Procurement public portal.
1. Create a OpenGov Procurement Account:
Register to access solicitation documents and upload responses at https://secure.procurenow.com/portal/1GPA
by selecting Subscribe to create an account. Detailed instructions may be found at
http://help.procurenow.com/en/articles/2482165-vendor-registration
Follow updates to existing solicitations and receive email notices of amendments/addenda posted by finding the
solicitation and clicking the “Follow” button. Ultimately, it is the sole responsibility of each offeror to periodically
check the site for any amendments/addenda issued at https://secure.procurenow.com/portal/1GPA.
2. Prepare your submission materials:
Do not embed any documents within your uploaded files, as they will not be accessible or evaluated.
3. Upload your submission at: https://secure.procurenow.com/portal/1GPA
Your submission must be uploaded, submitted, and finalized prior to the Closing Time of
APRIL 21, 2022 11:00 AM ARIZONA TIME OR AS AMENDED
We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin
the uploading process and to finalize your submission.
4. Important Notes:
Each item of Requested Information/Document will only be visible after the Closing Time.
Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection
speed.
You will receive an email confirmation with a date/time stamp once you finalize your submission.
Minimum system requirements: OpenGov Procurement is compatible with major browsers such as Chrome, Firefox,
Microsoft Internet Explorer, Edge and Safari. It can be accessed on all Android and IOS devices.