HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-030Temp. Reso. #12453
January 30, 2014
Rev. 1 -- 3/3/14
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014(?0
-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO APPROVE AND
EXECUTE AN AGREEMENT WITH FIELD TURF FOR
THE PURCHASE AND INSTALLATION OF SYNTHETIC
TURF FOR FIELD 5 AT THE TAMARAC SPORTS
COMPLEX AT A COST NOT TO EXCEED $612,627.24,
UTILIZING THE ASSOCIATION OF EDUCATION
PURCHASING AGENCIES (AEPA) PER IFB #012;
APPROVING FUNDING FROM THE APPROPRIATE
CAPITAL IMPROVEMENT ACCOUNT; AUTHORIZING
BUDGET AMENDMENTS FOR PROPER ACCOUNTING
PURPOSES; PROVIDING FOR. CONFLICTS;
PROVIDING FOR SEVERABtLITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac desires to provide its residents and
visitors a higher level of service by enhancing and improving its outdoor recreation
facilities and environment with the purchase and installation of synthetic turf; and
WHEREAS, the synthetic turf will be installed on Field 5 at the Tamarac
Sports Complex; and
WHEREAS, City Code Section 6-148 (d) "Cooperative Purchasing", allows
the City join to with other units of government in cooperative purchasing plans;
and
WHEREAS, the Association of Educational Purchasing Agencies' (AEPA)
goals include working to secure multi -state volume purchasing contracts that have
benefits that are measurable,
memberships expectations; and
cost-effective and continuously exceed their
Temp. Reso. # 12453
January 30, 2014
Rev. 1 — 3/3/14
Page 2
WHEREAS, per I FB #012 through the AE.PA the contract with Field Turf,is
s
in force through February 28, 2017)
and the City is purchasing this item in
accordance with the standard price list, copies of which are attached hereto as
"Exhibit A of Attachment 1"; and
WHEREAS, the City of Tamarac has drafted an agreement with Field Turf
for their services based on their quotation at a cost not to exceed $612,627.24;
•J
WHEREAS, it
is
the recommendation
of
the Director
of
Parks and
Recreation, Director
of
Public Services, and
the
Purchasing
and
Contracts
Manager to approve the purchase and installation of synthetic turf at a cost not to
exceed $612,627.24, for the Tamarac Sports Complex Field 5 from Field Turf, per
the vendor's quotation, a copy of which is attached hereto as "'Exhibit B of
Attachment 1 ", and execute an agreement for same, a copy of which is attached
hereto as "Attachment 1 "; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve the purchase and installation of synthetic turf at a cost not to exceed
$612,627.24, for the Tamarac Sports Complex Field 5 from Field Turf,per the
vendor's quotation, and execute an agreement for same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. #12453
January 30, 2014
Rev. 1 — 3/3/14
Page 3
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution upon adoption hereof. All attachments hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2: The City Commission approves an Agreement between the
City of Tamarac and Field Turf for the purchase and jnstallation of synthetic turf
for Field 5 at the Tamarac Sports Complex from Field Turf at a cost not to exceed
$612,627.24, utilizing the Association of Educational Purchasing Agencies
(AEPA) per IFB #012, and the appropriate City Officials are hereby authorized to
execute the Agreement.
SECTION 3:
Funding will be available in the appropriate Capital
Improvement Fund Account.
SECTION 3: Budget amendments required for this project for proper
accounting purposes are hereby approved.
SECTION 5: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part -or application of this
Resolution
is held
by any court
of
competent jurisdiction to be
unconstitutional or
invalid, in
part or
application,
it
shall not affect the validity
of the remaining
portions or applications of this Resolution.
Temp. Reso. #12453
January 30, 2014
Rev. 1 — 3/3/14
Page 4
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
,. •
APIRY[5RESSLE- R
ATT€�T: � MAYOR
OF,
PATRICIA TPFEL, CMC
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as to form.
i.
MUEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST
DIST
DIST
DIST
1•
2•
3•
4•
COMM.
BUSftELL
VICE
MAYOR GOMEZ9
COMM.
GLASSER
COMM.
PLACKO &04e��l
3 4
City of Tamarac The City For Your Life Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
FIELDTURF USA, INCORPORATED
1000,
THIS AGREEMENT is made and entered into this day of W Aid., 2014
by and between the City of Tamarac, a municipal corporation with principal offices
located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Fieldturf USA,
Incorporated, a Florida corporation with -principal offices located at 7445 Cote-de-Liesse
Road Suite 200 Montreal Quebec H4T 1 G2, Canada (the "Contractor") for the purchase
and installation of synthetic turf and other required appurtenances at Football Field #5
located at the Tamarac Sports Complex.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Contract Documents
The Contract Documents consist of this Agreement, Association of Educational
Purchasing Agencies (AEPA) Agreement per AEPA IFB #012, attached hereto as
Exhibit A, and Quotation dated January 21, 2014 from Fieldturf USA Inc. for the
City of Tamarac attached hereto as Exhibit B, and all modifications issued after
execution of this Agreement. These contract documents form the Agreement, and
all are as fully a part of the Agreement as if attached to this Agreement or
repeated therein. In the event that there is a conflict between Exhibit A and Exhibit
B, Exhibit B shall take precedence over Exhibit A. Furthermore, in the event of a
conflict between this document and any other Contract Document, this Agreement
shall prevail.
2) The Work
2.1. The Contractor shall, perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall furnish all labor, materials, and equipment
necessary to complete the scope of work, as outlined in the
contract documents.
2.1.2 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and
professional manner. Contractor shall comply with all OSHA safety
rules and regulations in the operation of equipment and in the
performance of the work. Contractor shall at all times have a
competent field supervisor on the job site to enforce these policies
and procedures at the Contractor's expense. 11
2.1.3 Contractor shall provide the City with seventy-two (72) hours written
1 Agreement
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City of Tamarac R Purchasing and Contracts Division
notice prior to the beginning of work under this Agreement and prior
to any schedule change with the exception of changes caused by
inclement weather.
2.1.4 Contractor shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during
the term of this Agreement, which are applicable to the Contractor,
its employees, agents or subcontractors, if any, with respect to the
work and services described herein.
3) Insurance
3.1. Contractor shall obtain at Contractor's expense all necessary Insurance in
such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work
under this Agreement including, but not limited to, Workers'
Compensation, Commercial General Liability, an Installation Floater, and
all other Insurance as required by the City, including Professional Liability
when appropriate. Contractor shall maintain such Insurance in full force
and effect during the life of this Agreement. Contractor shall provide to the
City's Risk and Safety Manager certificates of all Insurances required
under this section prior to beginning any work under this Agreement. The
Contractor will ensure that all subcontractors comply with the above
guidelines and will retain all necessary insurance in force throughout the
term of this agreement.
3.2. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
Insurance. Contractor's Liability Insurance policies shall be endorsed to
add the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
4) Time of Commencement and Substantial Completion
4.1 The work to be performed under this Agreement shall be commenced
after City execution of the Agreement and not later than ten (10) days after
the date that Contractor receives the City's Notice to Proceed. The work
shall be substantially completed within (120) calendar days from issuance
of City's Notice to Proceed, subject to any permitted extensions of time
under the Contract Documents. For the purposes of this Agreement,
completion shall mean the issuance of final payment.
4.2 During the pre -construction portion of the work hereunder, the parties
agree to work diligently and in good faith in performing their obligations
hereunder, so that all required permits for the construction portion of the
work may be obtained by the City in accordance with the Schedule
included in the Contract Documents. In the event that any delays in the
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City of Tamarac Purchasing and Contracts Division
pre -construction or construction portion of the work occur, despite the
diligent efforts of the parties hereto, and such delays are the result of force
majeure or are otherwise outside of the control of either party hereto, then
the parties shall agree on an equitable extension of the time for substantial
completion hereunder and any resulting increase in general condition
costs.
5) Contract Sum
The Contract Sum for the above work is Six Hundred Twelve Thousand, Six
Hundred Twenty -Seven Dollars and Twenty -Four cents ($612,627.24).
6) Payments
Payment will be made monthly for work that has been completed, inspected and
properly invoiced. A retainage of ten percent (10%) will be deducted from monthly
payments until 50% of the project is complete. Retainage will be reduced to five percent
(5%) thereafter. Retainage monies will be released upon satisfactory completion and
final inspection of the work. Invoices must bear the project name, project number, bid
number and purchase order number. City has up to thirty (30) days to review, approve
and pay all invoices after receipt. The Contractor shall invoice the City and provide a
written request to the City to commence the one (1) year warranty period. All necessary
Releases of Liens and Affidavits and approval of Final Payments shall be processed
before the warranty period begins. All payments shall be governed by the Florida
Prompt Payment Act, F.S., Part VII, Chapter 218.
7) Remedies
7.1 Damages: The City reserves the right to recover any ascertainable actual
damages incurred as a result of the failure of the Contractor to perform in
accordance with the requirements of this Agreement, or for losses sustained by
the City resultant from the Contractor's failure to perform in accordance with the
requirements of this Agreement.
7.2 Correction of Work: If, in the judgment of the City, work provided by the
Contractor does not conform to the requirements of this Agreement, or if the
work exhibits poor workmanship, the City reserves the right to require that the
Contractor correct all deficiencies in the work to bring the work into conformance
without additional cost to the City, and / or replace any personnel who fail to
perform in accordance with the requirements of this Agreement. The City shall
be the sole judge of non-conformance and the quality of workmanship.
8) Change Orders
8.1 Without invalidating the contract, without any monetary compensation, and
without notice to any surety, the City reserves and shall have the right to make
increases, decreases or other changes to the work as may be considered
necessary or desirable to complete the proposed construction in a satisfactory
manner. The Contractor shall not start work pursuant to a change order until the
3 Agreement
City of Tamarac The City For Your Life Purchasing and Contracts Division
change order setting forth the adjustments is approved by the City, and
executed by the City and Contractor. Once the change order is so approved, the
Contractor shall promptly proceed with the work. All Change Orders shall
include overhead and profit, not to exceed five percent (5%) and five percent
(5%) respectively.
8.2 The Contract Price constitutes the total compensation (subject to authorized
adjustments, if applicable) payable to the Contractor for performing the work. All
duties, responsibilities and obligations assigned to or undertaken by the
Contractor shall be at Contractor's expense without change in the Contract
Price or Time except as approved in writing by the City.
8.3 The Contract Price and/or. Time may only be changed by a Change Order. A
fully executed change order for any extra work must exist before such extra
work is begun. Any claim for an increase or decrease in the Contract Price shall
be based on written notice delivered by the party making the claim to the other
party promptly (but in no event later than 15 days) after the occurrence of the
event giving rise to the claim and stating the general nature of the claim. The
amount of the claim with supporting data shall be delivered (unless the City
allows an additional period of time to ascertain more accurate data in support of
the claim) and shall be accompanied by claimant's written statement that the
amount claimed covers all known amounts to which the claimant is entitled as a
result of the occurrence of said event. No claim for an adjustment in the
Contract Price will be valid if not submitted in accordance with this Paragraph.
8.4 The Contract
Time
may
only be changed
by a Change Order. A fully executed
change order
must
exist
prior to extension
of the contract time.
8.5 Any claim for an extension of the Contract Time shall be based on written notice
delivered by the party making the claim to the other party no later than fifteen
(15) days after the occurrence of the event giving rise to the claim. Notice of the
extent of the claim shall be delivered with supporting data and stating the
general nature of the claim. Contractor hereby agrees to waive rights to recover
any lost time or incurred costs from delays unless Contractor has given the
notice and the supporting data required by this Paragraph.
8.6 Extensions of time shall be considered and will be based solely upon the effect
of delays to the work as a whole. Extensions of time shall not be granted for
delays to the work, unless the Contractor can clearly demonstrate that such
delays did or will, in fact, delay the progress of work as a whole. Time
extensions shall not be allowed for delays to parts of the work that are not on
the critical path of the project schedule. Time extensions shall not be granted
until all float or contingency time, at the time of delay, available to absorb
specific delays and associated impacts is used.
8.7 In the event satisfactory adjustment cannot be reached by City and Contractor
for any item requiring a change in the contract, and a change order has not
been issued, the City reserves the right at its sole option to terminate the
contract as it applies to these items in question and make such arrangements
4 Agreement
City of Tamarac The City For Your Life Purchasing and Contracts Division
as City deems necessary to complete the work. The cost of any work covered
by a change order for an increase or decrease in the contract price shall be
determined by mutual acceptance of a Guaranteed Maximum Price by City and
Contractor. If notice of any change in the contract or contract time is required to
be given to a surety by the provisions of the bond, the giving of such notice shall
be the Contractor's responsibility, and the amount of each applicable bond shall
be adjusted accordingly. The Contractor shall furnish proof of such adjustment
to the City Failure of the Contractor to obtain such approval from the Surety may
be a basis for termination of this Contract by the City.
9) No Damages for Delays
ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE
ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM
FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME
SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY
DELAYS. Contractor shall not be entitled to an increase in the construction cost or
payment or compensation of any kind from City for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable; provided, however, that this provision shall not preclude recovery of
damages by Contractor for hindrances or delays due solely to fraud, bad faith or active
interference on the part of City or its agents. In addition, if Contractor is delayed at any
time in the progress of the Work by an act or neglect of the City's employees, or
separate contractors employed by the City, or by changes ordered in the Work, or by
delay authorized by the City pending arbitration, then the Contract Time shall be
reasonably extended by Change Order, and the Guaranteed Maximum Price shall be
reasonably increased by Change Order in order to equitably increase the general
conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is
delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in
deliveries, adverse weather conditions not reasonably anticipated, unavoidable
casualties or other causes beyond the Contractor's control, or by other causes which
the City and Contractor agree may justify delay, then the Contract Time shall be
reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to
extensions of the Contract Time as the sole and exclusive remedy for such resulting
delay, in accordance with'and to that extent specifically provided above. No extension
of time shall be granted for delays resulting from normal weather conditions prevailing
in the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale Weather Station.
10) Waiver of Liens
Prior to final payment of the Contract Sum, a final waiver of lien shall be
5 Agreement
City of Tamarac
Purchasing and Contracts Division
submitted by all suppliers, subcontractors, and/or Contractors who worked on the
project that is the subject of this Agreement. Payment of the invoice and acceptance of
such payment by the Contractor shall release City from all claims of liability by
Contractor in connection with the agreement.
11) Warranty
Contractor warrants the work against defect for a period of one (1) year from the
date of final payment. In the event that defect occurs during this time, Contractor shall
perform such steps as required to remedy the defects. Contractor shall be responsible
for any damages caused by defect to affected area or to interior structure. The one (1)
year warranty period does not begin until approval of final payment for the entire project,
and the subsequent release of any Performance or Payment Bonds, which may be
required by the original bid document.
12) Indemnification
12.1 The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) ' in
connection with loss of life, bodily or personal injury, or property damage,
including Foss of use thereof, directly or indirectly caused by, resulting
from, arising out of or occurring in connection with the operations of the
Contractor or its officers, employees, agents, subcontractors, or
independent Contractors, excepting only such loss of life, bodily or
personal injury, or property damage solely attributable to the gross
negligence or willful misconduct of the City or its elected or appointed
officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during
the term of this Agreement, even though the claim may be made after the
termination hereof.
12.2 Nothing contained herein is intended nor shall be construed to waive
City's rights and immunities under the common law or Florida Statutes
768.28, as amended from time to time.
12.3 The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The
Parties therefore agree that the sum of Ten Dollars and 00/100 ($10-00),
receipt of which is hereby acknowledged, is the specific consideration for
such indemnities, and the providing of such indemnities is deemed to be part
of the specifications with respect to the services to be provided by
Contractor. Furthermore, the City and Contractor understand and agree that
the covenants and representations relating to this indemnification provision
shall serve the term of this Agreement and continue in full force and effect as
to the City's and the Contractor's responsibility to indemnify.
6 Agreement
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City of Tamarac The City For Your ble Purchasing and Contracts Division
13) Non -Discrimination & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate
against any employee or applicant for employment because of race, religion, color,
gender, national origin, sex, age, marital status, political affiliation, familial status, sexual
orientation, or disability if qualified. The Contractor will take affirmative action to ensure
that employees are treated during employment, without regard to their race, religion,
color, gender or national original, or disability. Such actions must include, but not be
limited to, the following: employment, promotion; demotion or transfer; recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor shall
agree to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The Contractor further agrees that he/she will ensure
that Subcontractors, if any, will be made aware of and will comply with this
nondiscrimination clause.
14) Independent Contractor
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor under
this Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not
conflict with City, State, or United States policies, rules or regulations relating to the use of
Contractor's funds provided for herein. The Contractor agrees that it is a separate and
independent enterprise from the City, that it had full opportunity to find other business, that it
has made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any joint
employment relationship between the Contractor and the City and the City will not be liable for
any obligation incurred by Contractor, including but not limited to unpaid minimum wages
and/or overtime premiums.
15) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this
Agreement without the prior consent of the City. This Agreement, or any portion thereof,
shall not be subcontracted without the prior written consent of the city.
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City of Tamarac The City For Your Life Purchasing and Contracts Division
16) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given written notice either delivered in person, sent by
U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger
service, as follows:
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to the City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR:
Fieldturf USA, Inc.
7445 Cote-de-Liesse Road Suite 200
Montreal Quebec H4T 1G2
Canada
ATTN : Eric Daliere, President
17) Termination
17.1 Termination for Convenience: This Agreement may be terminated by
the City for convenience, upon seven (7) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In
the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to
this termination.
17.2 Default by Contractor: In addition to all other remedies available to the
City, this Agreement shall be subject to cancellation by the City for cause,
should the Contractor neglect or fail to perform or observe any of the
terms, provisions, conditions, or requirements herein contained, if such
neglect or failure shall continue for a period of thirty (30) days after receipt
by Contractor of written notice of such neglect or failure.
Public Records
18.1 The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
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City of Tamarac
Purchasing and Contracts Division
18.1.1 Keep and maintain public records that ordinarily and necessarily
would be required by the City in order to perform the service}
18.1.2 Provide the public with access to such public,records on the same
terms that the City would provide the records and at a cost that does
not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
18.1.3 Ensure that public records that are exempt or that are confidential
and exempt from public record requirements are not disclosed
except as authorized by law; and
18.1.4 Meet all requirements for retaining public records and transfer to the
City, at no cost, all public records in possession of the contractor
upon termination of the contract and destroy any duplicate public
records that are exempt or confidential and exempt. All records
stored electronically must be provided to the City in a format that is
compatible with the information technology systems of the agency.
18.2 The failure of Contractor to comply with the provisions set forth in this
Article shall constitute a Default and Breach of this Agreement and the City
shall enforce the Default in accordance with the provisions set forth in
Article 17, "Termination", herein.
19) Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the
expenditures provided for in the Agreement have been appropriated by the City
Commission of the City of Tamarac in the annual budget for each fiscal year of this
Agreement, and is subject to termination based on lack of funding.
20) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
21) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
22) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to extent of such prohibition or
unenforceability without invalidating remaining provisions hereof or affecting validity or
enforceability of such provisions in any other jurisdiction. The non -enforcement of any
provision by either party shall not constitute a waiver of that provision nor shall it affect
the enforceability of that provision or of the remainder of this Agreement.
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City of Tamarac The City ForPurchasing and Contracts Division
23) Uncontrollable Circumstances
23.1 Neither the City nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non -performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this
Agreement and which is beyond the reasonable control of the
nonperforming party. It includes, but is not limited to fire, flood, earthquakes,
storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and
governmental actions.
23.2 Neither party
shall,
however,
be excused from performance if
nonperformance
is due
to forces,
which are preventable, removable, or
remediable, and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with
reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable
force, give written notice to the other party describing the circumstances
and uncontrollable forces preventing continued performance of the
obligations of this Agreement.
24) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and
the City, and negotiations and oral understandings between the parties are merged
herein. This Agreement can be supplemented and/or amended only by a written
document executed by both the Contractor and the City.
25) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results
from the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any proceedings
or disputes connected with, arising out of, or involving this Agreement.
26) Contingent Fees
Contractor warrants it has not employed or retained any company or person, other
than a bona fide employee working solely for Contractor to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from
the award or making of this Agreement.
10 Agreement
City of Tamarac The City ForPurchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its President duly
authorized to execute pjme.
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ATTEST:
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atricia A. Teufel, CM
City Clerk
Date
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City A
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ST FIELDTURF USA, INC.
Company Nye ;.
Signafure of Corporate Secretary
L =-Z 10 t a
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orporate Secy.
Signatu
r 1■ LIM
Ty
•
_ __.
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--� �u bel
Agreement
t
City of Tamarac The City For Vour Life Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
0- U in
eCe`�ra`�-eF - .ss
I HEREBY CERTIFY
that on
this day, before me, an Officer duly authorized in
the State
aforesaid and in the
County
aforesaid to take acknowledgments, personally
appeared
�f F�iel turf, S J.nc., a Florida Corporation, to me known to be
e per�o (s des i and ho�xecuted the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this. day of
� �) , 2014.
Signature of Notary Public
A . . . !- ■ . ■ . •
Print, Type or Stamp
Name of Notary Public
[� Personally known to me or
❑ Produced Identification
Type of I.D. Produced
ED-- Did take an oath, or
F-1 DID NOT take an oath
12 Agreement
City of samara ����chasrr�g an ootract Division
EXHIBIT A
---------------
rest
and
Title -ec
44,10 1
Title
ihe vendor-Agreft to ProVide COMOeft -infoongfion ofany, deWtd *W:ncw podo* pr**$ as allowed UtIA—er-
ho4dinp (Dismtin ue . d ?rWucm) and 040wlW���4mdfricc)t� Ordw AEPA Bid*
NOTE i sdement must be rectivtd by t Mtmber ou.cr for Jimmy 10, 2*.
40
Assc> C a
p tj R C 'H � A 50-
January 4,3 2012
Mr. Eric Daliere
Field TurfUSA Inc.
8088 Montview Road
Montreal, Quebec H4P 20, Canada
Subject: Award of AEPA Bid #012C Synthetic Turf
Dear Mr. Daliere:
•(AEPA)would like to thank you for your interest
ducational Purchasing Agencies
The Association of E bid AEPA Bid #012C Synthetic Turf.
work preparing a bid response to our most current ,
and your hard w p p g our company provided. The
PA also want to thank you personally for the effort Y
The members of AEPA the ranks of AEPA members, spent
• made u of experienced professionals from determined
bid committee, p p r careful review the committee has
ours reviewing your bid solicitation. After ted their
numerous h g .Therefore, the bid committee presented that your bid met the criteria set forth by their group opportunity to offer
• AEPA voted to extend your company the opp Y
findings the entire membership of •
g to our AEPA member organization.
your product(s) and/or services
• each member state sign the contract that has
ste for our organization is to formally request ea provided as a
The next p, Y
• solicitation. A list of members contact information has been p
been supplied in the bid solicitation. • d package thumb drive for the
Your company must also supply an entire bid p g •
separate attachment. Y p Y he contract has been signed by a company
r to file with their State documents. When t
AEPA member executi
ve and the AEPA member state representative, you may start the sales and marketing process
for the individual AEPA member state.
estions
Again, welcom
e to our Cooperative and if you have any qu please call any AEPA member or
YY ou may call me and I will be happy to assist you.
Sincerely,
Tom Post
President AEPA
Director CSD
1460 Crag Rd.
St Louis MO 63146
314-692-1234
Cc: Pam Clover, AEPA Secretary
Jeff Kimball, Bid Coordinator
John Tortelli, Bid Committee Chair
State
CA
CO
CT
FL
KS
KY
MI
MN
MO
I MT
1 ND
NM
I OH
I PA
I TX
I VA
Member Name
Monterey County
Office of Education
Colorado BOCES
Association
Capitol Region
Education Council
Panhandle Area
Educational
Consortium
Southeast Kansas
Education Service
Center
Green River Regional
Educational
Cooperative
Oakland Schools
Minnesota Service
Cooperatives
Cooperating School
Districts
Montana Cooperative
Services
North Dakota
Educators Service
Cooperative
Cooperative
Educational Services
Ohio Council of
Educational
Purchasing
Consortium
InterMountain ESD
Keystone Purchasing
Network
Region 16 Education
Service Center dba
TexBuy
Fairfax County Public
Schools
WA King County Directors'
Association
WI CESA 2
WY Northeast Wyoming
BOCES
AEPA Member Contact Information
Name Title Address Phone Email
Ted Witt, Vice
3675 Mt Diablo Blvd., #
919-826-
President, Epylon
110 Lafayette CA 94549
2039
*John Tillman, Director
3097 Lane 4 N., Monte
719-852-
of Cooperative
Vista, CO 81144
2944
Purchasing
*Cara Hart, Coordinator
111 Charter Oak
860-524-
Business & Operations
Avenue Hartford CT
4021
06106
* Rick Everitt, Program
753 West Boulevard
850-638-
Coordinator
Chipley FL 32428
6131 x2257
*Brad Stefanoni,
P.O. Box 189 -947 W. 47
620-724-
Partnerships
Hwy Girard KS 66743-
6281 x308
0189
Ann Burden, Bids
230 Technology Way,
270-563-
Coordinator
Bowling Green KY
2113
42101
*Mike Rangos Director,
Regional Services
Melissa Mattson,
Manager of
Administrative Services
*Tom Post,
Procurement
Sales and Marketing
Director
Dave Puyear, Executive
Director
*John Jankowski,
Executive Secretary
Steve Holdman
Procurement Manager
*Elmo Kallner,
Consultant
2111 Pontiac Lake Rd.
248-209-
Waterford MI 48328-
2209
2735
1001 East Mount Faith
218-739-
Fergus Falls MN 56537
3273
1460 Craig Road St.
1 314-692-
Caryn Appler,
Cooperative Purchasing
Coordinator
*Jeff Kimball,
Cooperative Purchasing
*Andrew Pickens,
Director of Purchasing
& Operations
*Tony Crosby, Director
of Procurement
Services
*Jim Borrow, Executive
Director
Lisa Stahl, Cooperative
Purchasing Program
Manager
*Julie Cudmore,
Executive Director
Louis MO 63146-4842 1 1234
PO Box 1611, Helena,
406-461-
MT 59624
8050
1600 Mapleton Avenue
866-337-
#328, Bismark ND
2005
58503
4216 Balloon Park Road
505-344-
NE Albuquerque NM
5470
87109-5801
26 Lakeland Court
614-579-
Reynoldsburg OH 43068 2669
2001 SW Nye, 541-966-
Pendleton OR 97801 3119
P.O. Box 213 Lewisburg 570-523-
PA 17837 1155 x2130
5800 Bell Street, 806-677-
Amarillo, TX 79109 5040
8115 Gatehouse Road,
571-423-
Suite 4400 Falls Church
3555
VA 22042
P.O. Box 5550, Kent WA
425-251-
98064-5550
8115 x161
1221 Innovation Drive,
262-473-
Suite 205, Whitewater,
1444
Wisconsin 53190
410 North Miller
307-682-
Avenue Gillette WY
0231
82716
tedwitt@epylon.com
jtillman@my.amigo.net
chart@crec.org
everittr@paec.org
brad.stefanoni@greenbush.org
ann.burden@grrec.ky.gov
Website
www.calsave.org
www.coloradoboces.org
www.crec.org/coop
www.paec.org
www.greenbush.org
www.grrec.ky.gov
Michael.Rangos@oakland.kl2.mi.us www.oak1and.k12.mi.us
mmattson@lcsc.org
tpost@csd.org
dpuyear@ mrea-mt.org
www.lcsc.org
www.csd.org
www.mtcoop.org
john.jankowski.l@sendit.nodak.edu + www.ndesc.org
johnt@nmedu.org
ekal Iner@ mail.mecdc.org
caryn.appler@imesd.kl2.or.us
jkimball@csiu.org
andrew.pickens@escl6.net
tony.crosby@fcps.edu
jborrow@kcda.org
Istahl@cesa2.kl2.wi.us
jcudmore@newboces.com
www.nmedu.org
www.ocepc.org
www.umesd.k12.or.us
www.theKPN.org
www.texbuy.net
www.fcps.edu
www.kcda.org
www. cesapurchasing. or
g
www.newboces.com
AEPA FORM Bfm ACCEPTANCE OF BID; AND CONTRACT AWARD
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ASPA IFS 0012-C - 5ynt11e6c Turf - " C 'Page I Of I flift- October 14, 201LI, 1: 30 P. m.. EDT
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INVITATION FOR BID NUMBER AEPA IFB #012
PART A - TERMS AND CONDITIONS
(SAME FOR ALL IFB #012 BID COMMODITIES)
Notice to Bidders
Sealed Bids will be received by the Association of Educational Purchasing Agencies (AEPA) on behalf of [Educational
Agency] and its other AEPA Member Agencies until:
1:30 p.m. EDT, Friday, October 14, 2011
For: A. Work Order & Asset Management System, B. Hardwood & Synthetic Flooring, C. Synthetic Turf, D.
Track & Court Surfaces, E. Kitchen Supplies & Equipment, F. Mobile Learning Solutions, G. Musical
Instruments and Supplies, H. Scoreboards & Marquee Signage
Each bid package consists of three or more parts:
Part A — Notice to Bidders, Bid Procedures and Terms and Conditions (Same for all bid commodities)
Part B — Commodity Specifications
Part C — Bid Forms
Part D - G — Additional Bid Forms if required (varies by commodity)
All bids shall be submitted to Wilson Education Center, 2101 Grace Avenue, Charlestown, IN 47111, in a sealed
envelope marked "SEALED BID AEPA #012" on the front of the envelope. Note that Bidders must be able to provide
their proposed products and services in up to 24 states including California, Colorado, Connecticut, Florida, Indiana,
Iowa, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, Missouri; Montana, Nebraska, New Mexico, North
Dakota, Ohio, Oregon, Pennsylvania, Texas, Virginia, Washington, Wisconsin and Wyoming.
Bid documents can be downloaded after registering from the web at wwAv.ae acoo .or . AEPA or [Educational
Agency] reserves the right to reject any or all bids in whole or in part; to waive any formalities or irregularities in any
bids, and to accept the bids, which in its discretion, within state law, are for the best interest of [Educational Agency]
and/or other AEPA Member Agencies and/or their Participating Entities. Bids will be opened and publicly read
immediately following the deadline.
The text enclosed in the box above is the public Notice to Bidders to be used by each of the AEPA participating
agencies. Each participating agency will insert the name of their agency and appropriate phone numbers, e-mail
address and web address for use in posting public notice in their state.
Bid and Contract Timeline:
August 22, 2011
Publication of Bids and IFB available on the AEPA website
ti4 ww.a�acoo org
August 23, 2011
Mailing of bid notices from AEPA Member Agencies
September 9, 2011
Voluntary Pre -Bid Conference call for vendors — vendors must
pre -register by September 6, 2011, 3 PM EDT
September 30, 2011
Deadline for questions from Bidders
October 14, 2011, 1:30 pm EDT
Deadline for Bid Submittals and Public Opening of Bids
November 29, 2011
Approval of bids
December 7, 2011
Bidders are advised of the results of the bid
March 1, 2012 to February 28, 2013
First contract year
March 1, 2013 -2015
Annual contract renewal dates subject to approval by AEPA
AEPA IFB 012 Part A Page 1 of 110 Due: October 14, 2011 at 1:30 pm EDT
Questions regarding this IFB from the time the IFB is published until September 30, 2011, should be
submitted via email to qc- iOns ,agp
Questions or communications regarding this IFB after Bid Opening October 14, 2011 should be
submitted via email to Bids _,aepacoop.Org.
Questions or communications regarding this IFB after Notification of Approval should be directed to:
AEPA President at Pres identfa,;ae acoop.org..
�..� . ..
AEPA IFB 012 Part A Page 2 of 110 Due: October 14, 2011 at 1:30 pm EDT
AEPA Member Agency information
State
Agency Name
Contact
Email
Students
California
Monterey County Office of
Education d/b/a Ca1SAVE
.Ted Witt
twitepylon.com
69500,000
Colorado
Colorado BOCES Association
John Tillman
'ti11 ari rjny.ami o.net
700,000
Connecticut
Capitol Region Education
Council (CREC)
Cara Hart
chartr crec.org
5809000
Florida
Panhandle Area Education
Consortium
Rick Everitt
ever tqlc@�?i.p c .car
295009000
Indiana
Wilson Education Center
Phil
Partenheimer
philp ez°w sc.kl1ir.tjs
6009000
Iowa
Iowa Educators Consortium
Jamie Albertsen
ialbertsen. iec:i4,org
5009000
Kansas
Southeast Kansas Education
Service Center
Brad Stefanoni
brad.stefanoni@green.busb.org
4659000
Kentucky
Green River Regional
Educational Cooperative
Ann Burden
atet .burden@grrec,kv,gov
5005000
Massachusetts
The Education Cooperative
Jerry Leazes
jleazes(atec-coop.org
509000
Michigan
Oakland Schools
Mike Rangos
m chael,rangos@oakland.kI2.m .us
196009000
Minnesota
Minnesota Service Cooperative
Jeremy Kovash
'kovashL(Nesc.or_g
8259600
Missouri
Cooperating School Districts
Tom Post
host@csd.M
500,000
Montana
Montana Cooperative Service
Dave Puyear
dpuyear@mrea-mt.org
150,000
Nebraska
Nebraska ESU Cooperative
Purchasing
Kip Schnedier
ksch eidercc�?esu 17.c>r�
350,000
New Mexico
Cooperative Educational
Services
John Tortelli
'ohntCci !i ned.u.ur
3503,000
North Dakota
North Dakota Educators Service
Cooperative
John Jankowski
ijankows(d�sendit.nodak.edu
809500
Ohio
Ohio Council of Educational
Purchasing Consortium
Elmo Kallner
kallner a,,mall mecdc.org
19500,000
Oregon
Intermountain ESD
Caryn Appler
caryn.appler� P,,imesd.k'rl2.or.us
6009000
Pennsylvania
Central Susquehanna
Intermediate Unit d/b/a
Keystone Purchasing Network
Jeff Kimball
kin all csiu. rg
395009000
Texas
Region 16 Education Service
Center d/b/a TexBuy
Andrew Pickens
andrew.pickens@escl6.net
809000
Virginia
Fairfax County Public Schools
Ron Hull
rahj!l1{fcda
19200,000
Washington
King County Directors
Association
Jim Borrow
borrow{i kcda,org
9759500
Wisconsin
Cooperative Educational Service
Agency (CESA) #2
Lisa Stahl
lstahl�a,cesa2.k 12.wi.us
8725500
Wyoming
Northeast Wyoming Board of
Cooperative Educational
Services
Julie Cudmore
jcudRgrg&pwboces.corn
895500
Total Students:
25,068,600
AEPA IFB 012 Part A Page 3 of 110 Due: October 14, 2011 at 1:30 pm EDT
PART A - TABLE OF CONTENTS
I. ABOUT AEPA..........................................................................................................................................5
II. BID PROCEDURES..............................................................................................................................5
A. ISSUING AGENCY.................................................................................................................................5
B. PRE -BID VOLUNTARY CONFERENCE CALL— Pre -Registration Required By September 6, 2011.......6
C. QUESTIONS..........................................................................................................................................6
E. BID SECURITY.....................................................................................................................................6
F. BID SUBMISSION..................................................................................................................................
1. Preparation of the Bid Response.................................................................................................... 7
2. Format of Bid Submittal................................................................................................................. 7
3. Bid Transmittal ....................................:.. 0............................
G. BID EVALUATION..............................................................................................................................9
H. CONTRACT AWARD AND IMPLEMENTATION..................................................................................... 9
III. GENERAL TERMS AND CONDITIONS FOR ALL AGENCIES...............................................II
IV. MEMBER AGENCY SPECIFIC TERMS AND CONDITIONS...................................................29
1.
California, Monterey County Office of Education d1b/a CaISA VE...............................................
32
2.
Colorado, Colorado BOLES Association (CBA).........................................................................
37
3.
Connecticut, Capitol Region Education Council(CREC)............................................................
38
4.
Florida, Panhandle Area Education Consortium. .... o... o.. o ................... o ... o ........ o o ............... o ..........
43
5.
Indiana, Wilson Education Service Center (WESC).....................................................................
45
6.
Iowa, Iowa Educators Consortium (IEC)....................................................................................
46
7.
Kansas, Southeast Kansas Education Service Center — Greenbush (SEKESQ.... . .................. o ... 6 .....
48
8.
Kentucky, Green River Regional Educational Cooperative (GRREC)........................................
50
9.
Massachusetts, The Education Cooperative..... o ... o .......................... o ..... o . o ............. o .... o .......... o ......
52
10.
Michigan, Oakland Schools, (OS)................................................................................................
53
11.
Minnesota, Minnesota Service Cooperative (MSC).....................................................................
57
12.
Missouri, Cooperating School Districts of the Greater St. Louis Area, (CSD) ...........................
5
13.
Montana, Montana Cooperative Services(MCS).........................................................................
61
14.
Nebraska, Nebraska Educational Services United Cooperative Purchasing (NESUCP) ...........
62
15.
New Mexico, Cooperative Educational Services (CES)...............................................................
64
16.
North Dakota, North Dakota Educators Service Cooperative(NDESC).....................................
75
17.
Ohio, Ohio Council of Educational Purchasing Consortia(OCEPC).........................................
77
18.
Oregon, Intermountain Educational Service District (IMESD)...................................................
1
19.
Pennsylvania, Central Susquehanna Intermediate Unit d/b/a Keystone Purchasing Network (KPN)
.....................................................................................................................................................
88
20. Texas, Region 16 Education Service Center d/b/a TexBuy....................................................94
21. Virginia, Fairfax County Public Schools..................................................................................... 97
22. Washington, King County Directors ' Association (KCDA).......................................................104
23. Wisconsin, Cooperative Educational Service Agency #2..................................................109
24. Wyoming, Northeast Wyoming Board of Cooperative Educational Services (NEW BOCES) ... 110
AEPA IFB 012 Part A Page 4 of 110 Due: October 14, 2011 at 1:30 pm EDT
I. ABOUT AEPA
The Association of Educational Purchasing Agencies (AEPA) is a school procurement consortium established in
2000 through a Memorandum of Understanding, and incorporated in 2007 under the state laws of Nevada.
Currently, 24 states have joined to issue simultaneous Invitations for Bids (IFB).
AEPA requests that Bidders only respond if they are able to offer prices lower that what they ordinarily offer on
separate, single school district contracts, and with prices lower than they would offer on single state contracts or
multi -state contracts that have a lesser volume.
AEPA's mission is to cooperatively serve our members though a continuous effort to explore and solve present
and future purchasing needs. Our goals include working to secure multi -state volume purchasing contracts with
benefits that are measurable, cost-effective and continuously exceed our members' expectations. AEPA is
committed to accomplish this mission lawfully and ethically, using leading edge technology and futuristic
business practices.
AEPA designates one Member Agency per state that is operating legally under the rules and regulations of that
state. Any additional agencies that wish to participate will negotiate with the authorized Member Agency and
participate through them in a manner in which they mutually agree is not in conflict with AEPA procedures. The
Member Agency will be the only agency allowed to represent that state at AEPA and will be the only
communication link between AEPA and that state.
II. BID PROCEDURES
A. Issuing Agency
The great benefit to the Bidder is that one response may be prepared for approval by AEPA and award by
multiple AEPA Member Agencies and utilized by their Participating Entities located throughout many states.
These 24 AEPA Member Agencies have Participating Entities in various other states that are identified in their
individual state's T& Cs. Bidders responding to this IFB will prepare two computer/electronic CD or USB Flash
Drive of all files requested along with complete catalogs. Bidders selected in response to this single IFB have
the potential to provide products and services to local education agencies serving over 25,000,000 students.
Each AEPA Member Agency will individually publish notice of the IFB. Bidders will send responses to a single
receiving point for all AEPA Member Agencies. Responses will be evaluated by all AEPA Member Agencies
collectively who have indicated they will participate in the category of products and services being solicited,
and after AEPA approval, individual AEPA Member Agencies may award contracts to the AEPA Approved
contractors ror reject their offers.
The procurement activities of AEPA are limited to document preparation, distribution of the IFB, initial
evaluation, and recommendation for possible approval to AEPA Member Agencies. AEPA consists of agency
officials who have agreed to assist one another in meeting the public purchasing needs of local school districts
and other political subdivisions.
Contracts awarded through cooperative purchasing must meet the procurement laws of the states of each AEPA
Member Agency. When these laws are satisfied, an individual entity using these contracts is deemed in
compliance with bidding regulations. As allowed by specific state statutes, they can issue purchase orders for any
amount without the necessity to prepare their own IFB, RFP, or -gather necessary quotations. This saves the
entity time and allows for economical and efficient purchasing.
State laws that permit or encourage cooperative purchasing contracts do so in the belief that it saves the
participants both time and money. Time is saved by having access to volume discounted contracts publicly
solicited and being able to purchase what is needed without having to wade through the solicitation process
(write solicitation, advertise the IFB, open each response, evaluate and make a selection). Money is saved in
procurement cost and lower prices will be the result of volume purchasing. Therefore, a contract issued by a
cooperative can be used by hundreds of separate political units; but if it has the same or higher prices than what
a single agency or state contract can get through its own bid, a cooperatively bid contract makes no sense.
AEPA requires that Bidders only respond if they are able to offer prices lower than what they ordinarily
offer on separate, single school district contracts, single state contracts or multistate contracts of equal or
lesser volume. Anyone who downloads the bid documents and fails to submit a bid shall be deemed as a
No -Bid Response.
AEPA policy for membership permits new Agencies to become AEPA Member Agencies upon approval of
existing members. If additional Agencies are added, they and their members may procure from existing
contracts upon approval of the awarded contrators and in accordance with their state laws.
AEPA IFB 012 Part A Page 5 of 110 Due: October 14, 2011 at 1:30 pm EDT
B. Voluntary Pre -Bid Conference Call — Pre -Registration Required by September 6, 2011,
3:00 PM EDT. (No exceptions)
AEPA will host a voluntary pre -bid conference call on Friday, September 9, 2011, for any interested Bidders or
potential Bidders. The conference call times are set in the following schedule for each of the four contiguous
United States time zones. Bidders must register no later than Tuesday, September 6, 2011, 3 PM EDT, by
emailing Pre -bid Conference Call Registration Form(found on AEPA website) to Jill Gemberlin at
j.gc�nerlin;g(,cscrg or by faxing registration form to 888-490-3184. No registration will be accepted after this
date. Bidders must indicate which bid category or categories that they would like to participate in their
registration. An email confirmation with details of the phone conference will be sent to the Bidder at least 24
hours prior to the conference call. Each Bidder will be allowed only one phone line to participate in conference
call. It will be the Bidder's responsibility to have one primary person responsible for asking questions during the
conference call. Recording of the conference call will be posted on the AEPA Website.
Voluntary Pre -Bid Conference Call Schedule — Friday, September 9, 2011
Eastern
Central
Mountain
Pacific
A. Work Order & Asset
Management
11:30 AM
10:30 AM
9:30 AM
8:30 AM
B. Hardwood & Synthetic Flooring
12:00 PM
11:00 AM
10:00 AM
9:00 AM
C. Synthetic Turf
12:30 PM
11:30 AM
10:30 AM
9:30 AM
D. Tracks & Courts Surfaces
1:30 PM
12:30 AM
11:30 AM
10:30 AM
E. Kitchen Supplies & Equipment
2:00 PM
1:00 PM
12:00 PM
11:00 AM
F. Mobile Learning Solutions
2:30 PM
1:30 PM
12:30 PM
11:30 AM
G. Musical Instruments & Supplies
3:00 PM
2:00 PM
1:00 PM
12:00 PM
H. Scoreboards & Marquee Signage
3:30 PM
2:30 PM
1:30 PM
12:30 PM
C. Questions
All questions regarding this IFB shall be submitted via email to Questions@aepacoop.org, referencing AEPA
Bid #012 and the respective bid category. All questions and responses will be available on the AEPA website
(wrw,.aPacopc rg) as addenda, and will become part of the bid documents. It is the Bidders responsibility to
check the website for the addenda prior to the bid deadline. Questions received less than fourteen (14) days prior
to bid due date will not be answered.
D. Bidder Qualifications
An essential part of the bid evaluation process is an evaluation to qualify the company being
considered. All bids must contain answers, responses and/or documentation to the information
requested in the Bid Documents. Any Bidder failing to provide the required information/
documentation may be considered non -responsive.
Bidders, within their response, must demonstrate their ability, capacity and available resources to
provide the proposed products and services to all of the AEPA Member Agencies indicating an
interest in participating in the categories being solicited. The Bidders are required to communicate
and demonstrate within their response they have extensive knowledge, background and at least
five (5) years experience, with manufacturing, obtaining, delivering, installing, maintaining and/or
supporting the product lines of products, equipment, services or software offered. AEPA and/or its
Member Agencies reserve the right to accept or reject newly formed companies or companies failing to
demonstrate their abilities or capacity solely based on information provided in the bid response and/or
its own investigation of the company.
E. Bid Security
AEPA Member agencies' that require a bid security are identified in Part A, Section IV
Agency Specific Terms and Conditions, of this solicitation. Bid security shall be submitted
bid response at the time bids are due. As part of the evaluation process any, Bidder who
submit the proper form of bid security may be considered non -responsive.
Member
with the
fails to
AEPA IFB 012 Part A Page 6 of 110 Due: October 14, 2011 at 1:30 pm EDT
Acceptable bid security, which must be provided with the submission of the initial offer, will be an amount equal
to the amount specified herein, with the principal being the Bidder and the Association of Educational
Purchasing Agencies being the Agency of Record. Bid Security may be a one-time bid bond underwritten by a
surety company licensed to issue bid bonds in the state of Nevada and said surety to be approved in federal
circular 570 as published by the United States treasury department or the equivalent in cash or irrevocable letter
of credit from a FDIC financial institution. The bid security shall remain in force for One Hundred Twenty (120)
days of bid opening.
F. Bid Submission
1. Preparation of the Bid Response
a. The IFB is published in three parts. Part A contains the terms and conditions that apply to all IFB's in
the current series of bids. Part B is the specifications for the bid commodity. Part C contains the Bid
Forms to be filled out and returned by the Bidder. Some bid categories may contain additional Parts or
Forms.
b. All bid responses shall be on the forms provided in Part C -- Bid Forms.
c. Bid Forms requiring signatures shall be submitted with original ink signatures, by the person authorized
to sign the bid. The person signing the bid shall initial erasures, interlineations or other modifications in
the bid document. Failure to properly sign the bid documents or to make other notations as indicated
may result in the response being deemed non -responsive.
d. Mistakes may be corrected. prior to bid opening, but shall be initialed by the person signing the bid
documents. Corrections and/or modifications received after the opening time will not be accepted,
except as authorized by applicable rule, regulation or statute and AEPA.
e. In case of an error in extension of prices in the bid, unit prices shall govern.
f. Periods of time, stated as a number of days, shall be in calendar days, not business days.
g. It is the responsibility of all Bidders to examine the entire IFB package, to seek clarification of any item
or requirement that may not be clear, and to check all responses for accuracy before submitting a bid.
Negligence in preparing a bid confers no right of withdrawal after due time and date.
h. The Bidders' ability to follow the bid preparation instructions set forth in this solicitation will also be
considered to be an indicator of the Bidders' ability to follow instructions should they receive an award
as a result of this solicitation. Any contract between the AEPA Member Agency and a Bidder requires
the delivery of information and data. The quality of organization and writing reflected in the bid will be
considered to be an indication of the quality of organization and writing which would be prevalent if a
contract was awarded. As a result, the bid will be evaluated as a sample of data submission.
2. Format of Bid Submittal
a. Two (2) complete copies of the bid response shall be submitted on separate but identical electronic
media, either CDs or flash drives. CDs or flash drives must be properly labeled with the Bidders name
and bid category.
b. Bid Form A, Bid Form B and Bid Security, if applicable, shall be submitted in hard copy and a copy of
these forms and the remaining response shall be submitted in electronic format with original signatures.
c. Format for the CD or Flash Drive — Files must be placed in the proper folders on the CD or Flash Drive
as listed below:
FOLDER A CONTENTS:
a. Document Development: Bid Forms for this IFB are published on ww w.aevacoo .onr in both Microsoft
Word and PDF formats. Bidders may download the Microsoft Word forms and complete them
electronically or they may download PDF forms, type or complete by hand. All documents requiring an
original signature or which were not completed electronically must be scanned and saved as PDF
documents on the electronic media. All documents must be titled with the name of the Company and
Form. For example: Bidder Name Form A.
b. Table of Contents: Using the form provided, create a Table of Contents for the bid proposal. Provide as
a Word Document or a document that has been scanned to a PDF, and title as per the instructions in
Document Development above.
AEPA IFB 012 Part A Page 7 of 110 Due: October 14, 2011 at 1:30 pm EDT
c. Bid Affidavit (FORM A): Complete the form provided. A signature of the Bidder's authorized
representative is required and a Notary Public must complete this form. Scan to a PDF format and title
as per the instructions in Document Development above. Additionally, a paper (hard) copy of the
completed form with original signatures must be included in the sealed bid package with the electronic
media. If the bid is awarded, the Bidder will be required to produce the original signed and notarized
document on a CD or flash drive, with hard copies bearing original signatures, for each participating
AEPA Member Agency.
d. Acceptance of Bid and Contract Award (FORM B): Complete the form provided. A signature of the
Bidder's authorized representative is required. Scan to a PDF format and title as per the instructions in
Document Development above. Additionally, a paper (hard) copy of the completed form with original
signatures must be included in the sealed bid package with the electronic media. If the bid is awarded,
the Bidder will be required to produce the original signed and notarized document on a CD or flash
drive, with hard copies bearing original signatures, for each participating AEPA Member Agency.
e. Service Questionnaire for Bidder (FORM C): The Questionnaire seeks information about the
Bidder's pricing structure, service areas, past performance and commerce processes. Complete the form
provided. The authorized representative must sign the completed document. Scan to a PDF format and
title as per the instructions in Document Development above.
f. Company Information (FORM D): The Company Information Form provides background information
on the Company. The authorized representative must sign the completed document. An attached letter of
credit from the Bidder's chief financial institution is required. Scan the Form, any attachments and the
letter from the Bidder's chief financial institution to a sin Ie PDF format and title as per the instructions
in Document Development above.
g. Exceptions (FORM E): Exceptions to Terms and Conditions set forth in Parts A and B of this IFB must
be noted on this Form. If there are no exceptions, the form must be returned with the "no exceptions"
box checked and signed by the authorized representative. Scan to a PDF format and title as per the
instructions in Document Development above.
h. Compliance (FORM. F): The Compliance Form seeks the Bidder's ability to fulfill the bid commodity
specifications set forth in Part B. The specifications represent the needs and interests of the AEPA
Member Agencies and their Participating Entities. Alternatives or deviations may be proposed unless
otherwise specified. While deviations may be acceptable, the Bidder who is able to comply with the
greater number of specifications may be considered more responsive. After checking boxes, the
authorized representative must initial the form. Scan to a PDF format and title as per the instructions in
Document Development above.
i. Deviations (FORM F.l): Explanations of deviations noted in response to stated product and service
specifications on the Compliance (FORM F) are required on Form F.1. If there are no deviations, the
form must be returned with the "no deviations" box checked and initialed by the authorized
representative. Scan to a PDF format and title as per the instructions in Document Development above.
FOLDER B CONTENTS:
a. Pricing (FORM G): Form G is intended as the cover document for the Bidder's discount pricing
schedule. This form must be signed by the authorized representative. Scan to a PDF format and title as
per the instructions in Document Development above.
b. Excel Pricing Schedule: The Bidder is instructed in Part G. I. on Form G to prepare a Price Schedule in
Microsoft Excel that lists products and services available under this bid, the list price, the AEPA
discounted price for members, and shipping and other charges. Alternatively, a formatted Excel
document may be provided as a bid document to be used for this purpose. Title the Excel document as
per the instructions in Document Development above.
c. Warranties, Additional Services or Incidental Price Schedule: In response to Form G., the Bidder
may be asked to provide a price schedule for warranties, etc. This document should be presented in
Microsoft Excel and titled as per the instructions in Document Development above.
AEPA IFB 012 Part A Page 8 of 110 Due: October 14, 2011 at 1:30 pm EDT
d. Catalogs and/or Price lists: For catalog bids, PDFs of the Bidder's most recent published catalog(s) or
price lists must be included for catalog bids. Each PDF document must be titled as per the instructions
in Document Development above.
e. Core List (Form G.2): If required, Bidders must complete a form provided as a bid document, which
requests bid pricing for a range of products specified by brand. This will be used in the competitive
pricing evaluation.
FOLDERS C and ETC., CONTENTS:
Folder C and additional folders are reserved for any additional documents or files other than those listed
above that may be requested and/or related to this bid.
If the bid is approved by AEPA for recommendation to its members, the Bidder will provide a complete
exact duplicate response on CD or flash drive with hard copies of AEPA Forms A & B with original
signatures and, if required, a copy of the bid security to each participating AEPA Member Agency as
indicated for that bid category.
3. Bid Transmittal— Due by October 14, 2011, at 1:30 EDT
It is the responsibility of the Bidder to be certain that the bid submittal is in the actual possession of AEPA at
the Wilson Education Center, 2101 Grace Avenue, Charlestown, IN 47111, on or prior to the exact due date
and time of October 14, 2011 at 1:30 PM EDT. Bids must be submitted in a sealed envelope or box properly
addressed to Association of Educational Purchasing Agencies, with the Bid Number, Bid Category being
offered, Bid Due Date and Time, and Bidder's Name and Address clearly indicated on the envelope or box.
Bids received late will not be opened and will be deemed non -responsive. Anyone who downloads the
bid documents and fails to submit a bid shall be deemed as a No -Bid Response.
If the designated
location for receiving
bids
is closed due to an unforeseen circumstance on the day bid
responses are due,
responses will
be due
at the
same time on the
next day
the
building
is open.
Responsive bids will be opened and the name of each Bidder and other appropriate information will be
publicly read.
G. Bid Evaluation
Bid responses will be reviewed, analyzed and evaluated based on the evaluation criteria stipulated within this bid
document (Refer to the Evaluation, Approval and Award section located in III. General Terms and Conditions
for All Agencies).
H. Contract Award and Implementation
An AEPA oversight committee will perform initial bid response review and evaluation and will prepare and
make a recommendation to AEPA for its considerations and approval. Those selected Bidders who were
approved by AEPA will then be considered by the AEPA Member Agencies for contract award.
Once the approved Bidders have been notified by AEPA, it is their responsibility to contact those AEPA
Member Agencies who had indicated an interest in participating in the category solicited (up to 24) and provide a
complete bid package as submitted to AEPA. Each AEPA Member Agency will review, evaluate and determine
which, if any, it will award contractsto.
The approved Bidder and the AEPA Member Agency will hold final contract negotiations if necessary to work
out state specific details of contract implementation including:
1. Acquiring additional information and having discussions on how the awarded contract will be executed.
2. Signing the contract with the AEPA Member Agency.
Note: Once the contract is signed, the approved Bidder becomes a Contractor for the AEPA Member
Agency.
3. Jointly develop marketing strategies and a plan for contract roll -out activities to the AEPA Member Agency'
participating entities. (Advertising, flyers, website access, etc.).
4. Establish how orders will be processed, handled and reported.
IF
AEPA IFB 012 Part A Page 9 of 110 Due: October 14, 2011 at 1:30 pm EDT
5. Contract management: Establish how and by whom the day-to-day contract management will be handled and
who will be the AEPA Member Agency' representative.
It is not guaranteed that each AEPA Member Agency will enter into a contract with AEPA approved Bidders. The
final decision as to the appropriateness of a contract for a Member Agency rests solely with that AEPA Member
Agency.
AEPA IFB 012 Part A Page 10 of 110 Due: October 14, 2011 at 1:30 pm EDT
III. GENERAL TERMS AND CONDITIONS FOR ALL AGENCIES
For the purposes of this INVITATION FOR BID, the following terms shall be defined as indicated below.
The terms Bidder, Contractor and Offeror are interchangeable and are used to identify the person(s) o_ r
firm(s) submitting a response to an Invitation for Bid.
The term Participating Entity is used to identify those Federal Agencies, State Agencies, Local Public Bodies
and Non -Profit Non -Public Corporations, Organizations, etc. that have authorizations to utilize the AEPA
Member Agencies' Awarded Contracts.
The term Buyer is used to identify the AEPA Member Agencies and their Entities that acquire and purchase
commodities, supplies, materials, equipment and services under AEPA Member Agencies' Awarded contracts.
Advertising: Contractor shall not advertise or publish information concerning this contract prior to the award being
announced by the AEPA Member Agencies. Once the award is made, the Contractor may advertise to the individual
Participating Entities that products/services are available. Contractor shall submit ad copy to the AEPA Member
Agency for review and approval prior to issuing the advertisement.
AEPA Member Agency: Refers to the entities identified in the table on page two of this document and are listed on
the table presented in Part B, item 2: Anticipated Member Agency Participation on this bid, that has chosen to
participate in this bid/category. "Direct or Indirect Participation" may include their involvement through the
formulation of any part of a procurement activity; the influencing of the content of any term, condition and/or
specification; the evaluation, investigation, auditing and/or the rendering, of advice, recommendation, decision,
approval, disapproval and the award and implementation of procurement contract. Not every listed entity may elect
to participate in this bid once the responses are reviewed and approved.
Amendment of Bid: A bid may be amended up to the time of opening by submitting a sealed letter to the place
where the bids are received as indicated on the front of this solicitation.
Applicable Law: The laws of the state of the respective AEPA Member Agency shall govern any resulting contract
of this bid. Suits pertaining to this contract may be brought only in courts in the County and State as prescribed by
the AEPA Member Agency. Both parties agree that the Uniform Commercial Code, as adopted by the State of the
AEPA Member Agency, shall fully apply. Contractor shall comply with any and all laws, whether local, state,
federal or otherwise, applicable to any aspect of the work to be performed in relation to the resulting contract. It
shall be Contractor's responsibility to identify, make themselves aware of and determine the applicability and
requirements of any such laws and to abide by them.
Approval and Awarding of Contract: AEPA and its AEPA Member Agencies reserves the right to approve and
award a contract to one Bidder, to make multiple approvals and awards, to reject any or all bids in whole or in part,
to waive any minor formalities or irregularities in any bids, and to accept bids, which in its discretion and according
to law may be in the best interest of the AEPA Member Agencies and their Participating Entities. A response to this
solicitation is an offer to contract with the AEPA Member Agencies based upon the terms, conditions, and scope of
work and specifications contained in this invitation. A solicitation does not become a contract unless and until it is
accepted, approved and recommended by AEPA and awarded by the individual AEPA Member Agency. A contract
is formed when an AEPA Member Agency administrator and, if required, AEPA Member Agency Board approves
and signs the Bid Affidavit Signature and Acceptance Form (see Form A) document, eliminating the need for a
formal signing of a separate contract.
Assignment: No right or interest in this contract shall be assigned or transferred by the Contractor without prior
written permission by AEPA and its AEPA Member Agencies, and no delegation of any duty of the Contractor shall
be made without prior written permission by the AEPA Member Agency. AEPA and its AEPA Member Agencies
shall not unreasonably withhold approval and shall notify the Contractor within fifteen (15) days of receipt of written
notice by the Contractor.
Audit Rights: In accordance with applicable law of the State of the AEPA Member Agency, the Contractor's books
and pertinent records related to this contract may be audited at a reasonable time and place.
Authority: This solicitation, as well as any resulting contract/agreement, is issued under the general authority of the
State laws of the AEPA Member Agency and those identified within the AEPA Member Agencies' Specific Terms
and Conditions, Part A, Section IV (see also Procurement Code below). Internal or external Cooperative Purchasing
Agreements between the AEPA Member Agency and Participating Entities may exist.
Bid Opening: Bids shall be opened at the time and place, and in the manner designated in this document. The name
of each Bidder shall be publicly read and recorded in the presence of witnesses.
AEPA IFB 012 Part A Page 11 of 110 Due: October 14, 2011 at 1:30 pm EDT
Bid Security: There are AEPA Member Agencies that require that respondents to a bid submit a form of bid security
executed by a surety company authorized to do business in the state of Nevada and said surety to be approved in
federal circular 570 as published by the United States treasury department or the equivalent in cash or an irrevocable
letter of credit from a FDIC or nationally recognized financial institution. The bid security shall remain in force for a
period of One Hundred Twenty (120) days of bid opening. Bid Security must accompany the Contractor's bid
response when submitted and be placed in Folder A. If the Bidder fails to submit the bid security, its response will
be deemed non -responsive.
Bidder/Contractor Definitions:
"Prospective Bidder" has notified AEPA of a desire to bid by registering on the AEPA website.
"Bidder" has submitted a bid to AEPA in response to an Invitation for Bid (IFB).
"Recommended Bidder" has been approved by AEPA for its AEPA Member Agencies for contract
consideration.
"Contractor",has entered into a contract with a participating AEPA Member Agency or subsequently a
Participating Entity.
Bidder Acceptance Period: In order to allow AEPA Member Agencies the opportunity to evaluate the bids, AEPA
requires that a bid in response to this solicitation be valid and irrevocable for one hundred Twenty -days (120) after
opening time and date.
Bonding: The Contractor agrees to provide all performance and payment bonds executed by a surety company
authorized to do business in the individual AEPA Member's state and said surety to be approved in federal circular
570 as published by the United States treasury department, the state or the local governing authority, in an amount
equal to one hundred percent of the price specified in the contract; when required by an AEPA Member Agency or
Participating Entity at the time a contract is executed. If the Contractor fails to deliver any required performance or
payment bonds, the AEPA Member Agency or Participating Entity shall not execute the contract with the Contractor
and the appropriate AEPA Oversight Committee shall be notified of such failure and shall take the appropriate
action.
Brand Names: The use of the name of a manufacturer, brand, make or catalog number does not restrict the Bidder.
Brand names and model numbers are used to indicate the character, quality and/or performance equivalence of the
commodity on which bids are submitted. Bidders may submit alternates. However, the AEPA reserves the right to
decide whether alternatives to the identified manufacturer and brand are in fact equal to the product, equipment
and/or service described in the invitation. AEPA's decision shall be final.
Captions, Headings and Illustrations: The captions, illustrations, headings and subheadings in this solicitation are
for convenience, enjoyment and ease of perusal only and in no way define, limit or describe the scope or intent of the
request.
Catalog Bid: (See Types of Bids)
Certificate of Insurance: (See Insurance)
Certification: By signature in the bid section of the Contract Award page, the Bidder certifies:
The submission of the bid did not involve collusion or other anti -competitive practices;
The Bidder shall not discriminate against any employee,
State Laws (see Federal Executive Order 11246);
or applicant for employment in violation of Federal and
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
submitted bid; and
The Bidder agrees to promote and offer to AEPA Member Agencies and Participating Entities only those materials
and/or services as stated in and allowed under resultant contract(s) awarded.
Christian Doctrine: Any federal, state and local governing authority's/jurisdiction's statutes, codes, rules and
regulations referenced and/or govern the products, services and activities relating to and are part of this solicitation,
whether or not physically noted or included, shall be complied with and adhered to as required. It is sole
responsibility of the Bidder to perform and complete any necessary research and investigation required to make
themselves aware of and comply with this item.
Clarification: As used in this solicitation, clarification means communication with a Bidder for the sole purpose of
eliminating minor irregularities, informalities or apparent clerical mistakes in the bid. It is achieved by explanation
or substantiation, either in response to an inquiry by the AEPA Member Agency or as initiated by the Bidder.
Clarification does not give the Bidder an opportunity to revise or modify its bid.
AEPA IFB 012 Part A Page 12 of 110 Due: October 14, 2011 at 1:30 pm EDT
Competitive Range: AEPA and its AEPA Member Agencies reserve the right to establish a competitive range of
acceptable responses as part of the evaluation process as defined herein. Responses below the competitive range will
be determined to be unacceptable and will not receive further consideration.
Contract Documents: AEPA Member Agency will review proposed contract documents. Contractor's contract
document shall not become part of AEPA Member Agency's contract with Contractor unless and until an authorized
representative of an AEPA Member Agency reviews and accepts it.
Contract Type - This is an indefinite quantity contract and the contract types are as follows:
1. Fixed discount off retail or off published price list; or
2. Fixed price with economic adjustment (Bidder must identify in writing in this IFB any contingencies prior to
approval); or
3. Fixed multipliers/factors bid to be applied to an established pricing methodology/system to allow for individual
local requirements and conditions.
A cost -plus -a -percentage -of -cost contract is prohibited.
Contractor: Bidder who has been awarded a contract for the delivery of construction, tangible personal property,
services or professional services in response to this IFB.
Contractor Contact: Contractor will designate one individual who will represent them to the AEPA, its AEPA
Member Agencies during the contract period. This contact person will correspond with each AEPA Member Agency
for technical assistance, problems, or questions that may arise. If other staff, distributors and/or independent
Contractors will be performing the sales or support functions for different geographical areas (states), Contractor
shall include instructions and contact information that can be distributed to AEPA Member Agencies upon approval
of this bid.
Construction: Each AEPA Member Agency within their state statutes defines what constitutes construction,
identifies the policies, rules, regulations and codes that govern construction projects. AEPA has defined construction
as building, altering, repairing, installing or demolishing in the ordinary course of business any road, highway,
bridge, parking area or related project; building, stadium or other structure; airport, subway or similar facility; park,
trail, athletic field, golf course or similar facility; dam, reservoir, canal, ditch or similar facility; sewage or water
treatment facility, power generating plant, pump station, natural gas compressing station or similar facility; sewage,
water, gas or other pipeline; transmission line; radio, television or other tower; water, oil or other storage tank; shaft,
tunnel or other mining appurtenance; electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or
water conditioners; air conditioning conduit, heating or other similar mechanical work; or similar work, structures or
installations. Construction shall also include: leveling or clearing land; excavating earth; drilling wells of any type,
including seismographic shot holes or core drilling; and similar work, structures or installations.
Cooperative Procurement: Some individual state procurement codes may contain cooperative
purchasing statutes that state any state agency or local public body may either participate in, sponsor
or administer a cooperative procurement agreement for the procurement of any services, construction or
items of tangible personal property with any other state agency, local public body or external procurement unit in
accordance with an agreement entered into and approved by the governing authority of each of the state agencies,
local public bodies or external procurement units involved. The cooperative procurement agreement shall
clearly specify the purpose of the agreement and the method by which the purpose will be accomplished.
Any power exercised under a cooperative procurement agreement entered into pursuant to each state's
procurement code shall be limited to the central purchasing authority common to the contracting parties,
even though one or more of the contracting, parties may be located in different states.
Cooperative Purchasing Contracts: The Bidder agrees that all the prices, terms, warranties and benefits granted by
the Bidder to AEPA Member Agencies or Participating Entities through this contract will be equal to or better than
those offered for equivalent terms, conditions and requirements offered to any present or future customer or
cooperative. If the Bidder shall, during the term of this Contract, enter into arrangements with any customer or
cooperative providing greater benefits or terms that are more favorable, the Bidder shall notify the AEPA oversight
committee chairman and offer said prices, terms, warranties and benefits to all AEPA Member Agencies.
Cost of Bid Preparation: Neither AEPA nor any AEPA Member Agency shall reimburse the cost of developing,
presenting or providing any response to this solicitation.
Credit Hold: The Bidder must agree not to place the AEPA Member Agency and/or its Participating Entity on
"credit hold" without 10-days advanced notice in writing, either by letter, facsimile or email to the AEPA Member
Agency and the Participating Entity. [The AEPA Member Agencies believes it is better for the Contractor if the
AEPA Member Agency places the slow -paying Agency Member on "credit hold;" if a Contractor places the
Participating Entity on credit hold, agencies that pay promptly are penalized. If, on the other hand, the Member
AEPA IFB 012 Part A Page 13 of 110 Due: October 14, 2011 at 1:30 pm EDT
Agency places the offending Participating Entity on "credit hold", payment is more likely to result and only the
offender is disciplined.]
Delivery Terms, Conditions and Requirements:
1. Delivery: is to be made within thirty (30) days of receipt of the purchase order, unless otherwise stipulated in
writing and accepted by all parties (Buyer placing order and Contractor). The Contractor agrees to notify Buyer
if an order cannot be processed and/or delivered within the 30-day period and/or the agreed upon timelines.
2. The title and risk of loss of material or service: shall not pass to the Buyer purchasing the material or services
until it actually receives the material or service at the point of delivery and they have been accepted, unless
otherwise provided within this document or individual project's contract.
3. Ownership of products and services: happens only after receipt and acceptance of delivery by the Buyer. The
Buyer will be the determining judge of whether materials and services delivered under the purchase
order/contract satisfy the specifications and requirements as identified in the contract/order.
4. Fungible Goods: Title to an undivided share or quantity of an identified mass of fungible goods will not pass to
a Buyer until a separation of the purchased share has been made, delivered and received.
5. Shipping Terms: Prices that include shipping to any location in the state, delivered to the specific receiving
point as identified in the purchase order to the Contractor, are preferred. Contractor shall retain title and control
of all goods until they are delivered and received. All risk of transportation and all related charges shall be the
responsibility of the Contractor. Shipping shall be F.O.B. destination. The Contractor shall file all claims for
visible or concealed damage. AEPA Member Agency, or the receiving Buyer, will notify the Contractor and/or
Freight Company promptly of any damaged goods and shall assist the freight company/Contractor in arranging
for inspection. No F.O.B. vessel, car or other vehicle terms will be accepted.
A. Shipping Costs: Products may be shipped without additional cost. If shipping is charged, the actual cost of
delivery may be added to an invoice. No COD orders will be accepted.
B. Shipment under Reservation: Contractor is not authorized to ship materials under reservation and no tender
of a bill of lading will operate as a tender of the materials.
C. Shipping Errors: Contractor agrees that shipping errors will be at the expense of the Contractor. For
example, if a Contractor ships a product that was not ordered, it is the responsibility of the Contractor to pay
for return mail or shipment.
6. Stored Materials: Upon prior written agreement between Contractor and Buyer, payment may be made for
materials not incorporated in the work but delivered and suitably stored at the site or some other location, for
installation at a later date. An inventory of the stored materials must be provided to Buyer prior to payment. Such
materials must be stored and protected in a secure location, and be insured for their full value by Contractor
against loss and damage. Contractor agrees to provide proof of coverage and/or addition of Buyer as an
additional insured upon Buyer's request. Additionally, *if stored offsite, the materials must also be clearly
identified as property of Buyer and be separated from other materials. Buyer must be allowed reasonable
opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance
by Buyer, it shall be Contractor's responsibility to protect all materials and equipment. Contractor warrants and
guarantees that title for all work, materials and equipment shall pass to Buyer upon final acceptance. Payment for
stored materials shall not constitute final acceptance of such materials.
7. Improper delivery: Unless contrary to other parts of this solicitation, if the goods, services or tender of delivery
fail in any respect to conform and adhere to the terms, conditions, specifications of the resulting contract based
on this solicitation and/or the individual Buyer's contract/order. The Buyer may reject the whole, accept the
whole, or accept any commercial unit or units and reject the rest.
8. Defective Goods: Contractor agrees to pay for return shipment on goods that arrive in a defective or inoperable
condition. Contractor must agree to arrange for return shipment of damaged goods.
9. Liquidated Damages: The Buyer may suffer financial loss if the project is not substantially complete or
products or services are not delivered on the established date. The Contractor (if applicable Surety) shall be
liable for and shall pay to the Buyer, not as a penalty, the sums that may be hereinafter agreed upon as liquidated
damages per calendar day of delay until the work and/or delivery is determined by Buyer to be complete and/or
delivered. Liquidated damages will be determined on a project -by -project basis.
10. No Replacement of Defective Tender: Every tender of materials must fully comply with all provisions of this
contract. If tender is made which does not fully conform, this shall constitute a breach and Contractor shall not
have the right to substitute a conforming tender without written consent of all parties involved.
11. Default in One Installment to Constitute Total Breach: Contractor shall deliver conforming materials in each
installment or lot of this contract and may not substitute nonconforming materials. The AEPA Member Agency
AEPA IFB 012 Part A Page 14 of 110 Due: October 14, 2011 at 1:30 pm EDT
reserves the right to declare a breach of contract if the Contractor delivers nonconforming materials or services to
any Buyer under this contract.
12. Restocking Fees: A restocking fee may only be charged on products ordered and that have been delivered to the
Buyer's site in accordance with the order/contract. Restocking fees in excess of 15% will not be allowed.
Restocking fees may be waived, at the option of the Contractor.
13. The Contractor must identify, specify and justify any exceptions or deviations taken.
Deviations or Exceptions to Requirements: Deviations or exceptions stipulated in a Bidder's proposal may result
in rendering of the response non -responsive. AEPA and its AEPA Member Agencies reserve the right to determine
whether the deviation or exception does or does not serve the interest of or is not advantageous or acceptable to
AEPA, its AEPA Member Agencies or Participating Entities.
Disbarment and Suspension: By signature accepting Terms and Conditions, it is certified on behalf of the company
and their key employees that neither the company nor its key employees have been proposed for debarment,
debarred, or suspended by any State or Federal Agency within the last five years.
Eligible Entities: The individual AEPA Member Agency's state procurement code and statutes provides for
cooperative procurement and identifies those types of agencies, entities and organizations that are allowed to
participate in and take advantage of cooperative procurement contracts solicited and approved by AEPA and
awarded by AEPA Member Agencies. Therefore, depending on the individual state procurement codes and statutes
federal agencies, state agencies, local public bodies and Non-Profit/Non-Public entities may be allowed to participate
in and utilize AEPA solicited, approved and AEPA Member Agency awarded contracts.
Estimated Quantities: In Part B: Bid Specifications of this solicitation AEPA and AEPA Member Agencies' have
indicated their anticipated volume for the products and services being solicited in this solicitation. It is anticipated
that a considerable amount of activity will result from this solicitation; however, there is no guarantee of future order
quantities due to the fact that this is an indefinite quantity contract. Usage depends on the actual needs of the AEPA
Member Agencies, their Participating Entities and the marketing by the Contractor.
Experience, Proven Track Record and Past Performance Information: has been determined by AEPA and its
AEPA Member Agencies to be a major factor in considering if a Bidder possesses the ability, capacity and resources
to acquire, manufacturer, deliver, construct, install, services and support all of the procurement functions and
activities involved in a national contract of this nature. AEPA and its AEPA Member Agencies reserves the right to
accept or reject an offer, if in its judgment, the Bidder failed to demonstrate the following.
1. Has a proven track record in the products and services offered (qualifications, knowledge and background)
2. Has the experience in delivering the proposed products and/or services to ninety (90%) percent of those AEPA
Member Agencies identified in Part B: Specifications.
3. Has provided relevant information regarding its actions under previously awarded contracts to schools, local,
state, or federal agencies. It includes the Bidder's record of conforming to specifications and to standards of
good workmanship; the Bidder's record of containing and forecasting costs on any previously performed cost
reimbursable contract schedules, including the administrative aspects of performance; the Bidder's history for
reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the Bidder's
businesslike concern for the interests of the customer.
Evaluation, Approval and Award: Bid responses received will be evaluated in accordance with acceptable
standards of cooperative purchasing, set forth in and governed by the Procurement Codes of AEPA Member
Agency's states; AEPA by-laws, policies and procedures; AEPA Member Agencies' policies and procedures.
Approval of prospective Contractors and award of contracts will be made to the lowest responsive and responsible
Bidder utilizing the criteria listed below and elsewhere in this bid.
1. Responsive Bidder: A responsive bid reasonably and substantially conforms to all material requirements of the
solicitation. Bids must be responsive and approved by AEPA to receive award consideration by-AEPA Member
Agencies. To be determined responsive, the response must meet all of the requirements below:
A. Submitted on time.
B. Materially satisfy all mandatory requirements identified throughout the IFB.
C. Must substantially conform to all of the specified requirements in the IFB in the judgment of
AEPA and its AEPA Member Agency representatives.
D. Any deviation from requirements indicated herein must be stated, in writing, and included with the bid
submittal. Otherwise, it will be considered that bids are in strict compliance with all requirements, and any
successful Bidder will be held responsible therefore.
E. Deviations or exceptions stipulated in Bidder's response may result in the bid being classified as non-
responsive. Language to the effect that the Bidder does not consider this bid to be part of a contractual
AEPA IFB 012 Part A Page 15 of 110 Due: October 14, 2011 at 1:30 pm EDT
obligation will result in that Bidder's response being disqualified. Terms of the IFB that any Bidder
considers particularly unwarranted, and to which that Bidder would have to take significant exception in his
bid, should be stated clearly and concisely as exceptions and/or deviations.
F. In preparing a proposal, the Bidder's inability to follow the proposal preparation instructions set forth in this
solicitation and its inability to provide written responses, narratives, requested and support documentation
relating to the Bidder's qualifications; abilities; capacity; products; specifications; delivery, installation,
setup., maintenance; support services and pricing utilized by AEPA evaluators may result in the Bidder's
response to be deemed non -responsive.
2. Non -responsive Bid: Any bid that does not conform to all material requirements of the solicitation including
but not limited to: bids received after the deadline; bids that do not contain required items and/or provided in the
format required, such as proper and/or signed forms, pricing, catalogs, electronic files; bids that do not contain
the proper bid bond where required; failure to meet -the specified qualifications, product specifications,
stipulated documentation or pricing equal to or better than individual customers and/or cooperatives. Non-
responsive bids will not be considered for approval and award.
3. Responsible Bidder: A responsible Bidder is a firm or person with the qualifications, capability and capacity
to- perform the contract requirements with integrity and reliability, which will assure a good faith performance.
AEPA's approval of a Bidder's response will make the Bidder available for consideration to the AEPA Member
Agencies for contract award. Prior to this recommendation the Contract Oversight committee will determine
whether a Bidder is responsible. If a Bidder is approved by AEPA, the AEPA Member Agency reserves the
right to determine if said Contractor is responsible in their respective state.
Factors to be considered in determining whether the standard of responsibility has been met may include but is
not limited to whether a Bidder has:
A. Submitted a responsive bid;
B. The qualifications stipulated herein that may include but are not limited to adequate financial resources,
production or service facilities, personnel, service reputation and experience to make satisfactory delivery of
the products, services, or construction, described in the invitation for bids to those AEPA member states who
have indicated their participation;
C. A demonstrated and documented satisfactory track record of performance in the national market place;
D. A satisfactory record of integrity and, a reputation of responding to and meeting educational institutions'
needs, adherence of and compliance with federal, state, local and industry standards, rules, regulations and
codes;
E. Quality and suitability of products and services offered to meet and perform to the specifications,
expectations and requirements identified in this bid;
F. Supplied all necessary information and data in connection with determining whether a Bidder meets the
standard of responsibility.
4. Cost Evaluation:
A. Cost and price schedules conform to and provide the information required in Part B and C of this bid;
B. Pricing offered that is equal to or better than those offered to individual entities or cooperatives with same or
equal volume;
C. Methodology used by AEPA and its AEPA Member Agencies to approve prospective Contractors and award
contracts. The methodology to be used will be identified and described within Part B and Part C of this
solicitation.
1) Line Item and Open Item Bid: Lowest responsive, responsible Bidder(s) is/are determined based on the
evaluation and pricing criteria identified with this solicitation; or
2) Catalog Bid: Lowest responsive, responsible Bidder(s) is/are determined based on the price evaluation
criteria; and by a "Core List" and by creating a "Market Basket Study" to compare overall pricing
between Bidders. A "Market Basket" is a list of items typically purchased by AEPA Member Agencies
and their Participating Entities that represent a cross-section of the types of those items purchased. The
selection and quantity of line items evaluated will be at the sole discretion of the AEPA evaluators
3) Respondents will be ranked lowest pricing to highest based on the cost evaluation criteria.
D. Based on the cost evaluation, a recommendation will be made to approve a single respondent or make a
multiple bidder award.
AEPA IFB 012 Part A Page 16 of 110 Due: October 14, 2011 at 1:30 pm EDT
External Procurement Unit means any procurement organization not located in a current AEPA Member Agency
state which, if located in the state, would qualify as a federal or state agency or a local public body. Various state
procurement codes allow external procurement units to offer their contracts and for agencies within those states to
utilize those contracts to acquire goods and services.
Federal Agency [251 USC 3001 (4) Is defined as any department, agency, or instrumentality of the United States,
any executive department, military department, government corporation, government -controlled corporation, or
other establishment in the executive branch of government, including the Executive Office of the President or any
independent regulatory agency established through legislative and/or administrative action.
Federal Requirements: Contractor agrees, when working on any federally assisted projects with more than $2,000
in labor costs, to comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all
applicable sections of the act and the Department of Labor's supplemental regulations (29 CFR parts 5 and 1926),
the Civil Rights Act of 1964 as amended, the Davis -Bacon Act (Section 29, CFR Part 5), the Copeland "Anti -
Kickback" Act (18 U.S.C. 874) as supplemented in the Department of Labor regulation (29 CFR part 3), and the
Equal Opportunity Employment requirements of Executive Order 11246 as amended by Executive Order 11375
(Labor regulations (41 CFR Part 60)). In such projects, the Contractor agrees to post wage rates at the work site and
submit a copy of their payroll to the AEPA Member Agency for their files. In addition, to comply with the Copeland
Act, the Contractor must submit weekly payroll records to the AEPA Member Agency. The Contractor must keep
records for three (3) years and allow the federal grantor agency access to these records, upon demand. All federally
assisted contracts to AEPA Member Agency that exceed $10,000 may be terminated by the federal grantee for
noncompliance by the Contractor. In projects that are not federally funded, Bidder must agree to meet any federal,
state or local requirements, as necessary. In addition, if compliance with the federal regulations increases the contract
costs beyond the agreed on costs in this solicitation, the additional costs may only apply to the. portion of the work
paid by the federal grantee. On all other projects, the prices must agree with this contract. Contractor shall comply
with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.) 187
[h], and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et. Seq.); and, Executive Order 11738
and Environmental Protection Agency (EPA) regulations (40 CFR Part 15), which prohibit the use under non-exempt
federal contracts, grants, or loans of facilities included in the EPA list of violated facilities
Force Majeure: Except for payments of sums due, neither party shall be liable to the other, nor be 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, including, but not limited to the following: acts of God; acts of the public
enemy; war; riots; strikes; mobilization; labor disputes; civil disorders; fire; flood; snow; earthquakes; tornadoes or
violent winds; hail storms; lockouts; injunctions -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. The force majeure shall be deemed to commence when the
party declaring it notifies the other party of the existence of the force majeure, and shall be deemed to continue as
long as the results or effects of the force maj eure prevent the party from resuming performance in accordance with
the contract. Force majeure shall not include late deliveries of equipment or materials caused by congestion at a
manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or similar occurrences. If
either party is delayed at any time by force majeure, the delayed party shall notify the other party in writing of such
delay within forty-eight (48) hours.
Form of contract: The form of contract for this solicitation shall be the Invitation for Bid, the awarded Bidder
response and properly issued purchase orders and/or contracts in accordance with this Invitation for Bid. If a firm
submitting a bid requires AEPA Member Agency and/or Participating Entities to sign an additional contract, a copy
of the proposed contract must be included with the bid.
Gratuities: AEPA Member Agency may, by written notice, cancel this contract if it is found that gratuities, in the
form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of
the Contractor, to any employee of the AEPA Member Agency with a view toward securing a contract or with
respect to the performance of this contact. However, paying the expenses of normal business meals, which are
generally made available to all eligible school and government employees, shall not be prohibited by this paragraph.
Samples of software, equipment, or hardware provided to the AEPA Member Agency for demonstration, evaluation,
or loan purposes are not considered gratuities.
Indemnification: Contractor will indemnify, defend and save harmless AEPA, its Members, Participating
Entities, its employees from any and all claims, demands, suits, proceedings, loss, cost and damages of every kind
and description, including any attorney's fees and/or litigation expenses,'which might be brought or made against or
incurred by, AEPA, its Members, participating Participating Entities, its employees on account of loss or damage
to any property or for injuries to or death of any person, caused by, arising out of, or contributed to, in whole or in
AEPA IFB 012 Part A Page 17 of 110 Due: October 14, 2011 at 1:30 pm EDT
.41
part, by reasons of any act, omission, professional error, fault, mistake, or negligence of Contractor, its employees,
agents, representatives, or Subcontractors, their employees, agents, or representatives in connection with or incident
to the performance of this agreement, or arising out of worker's compensation claims, unemployment compensation
claims, or unemployment disability compensation claims of employees of Contractor, and/or its Subcontractors or
claims under similar such laws or obligations. Contractor's obligation under this section will not extend to any
liability caused by the sole negligence of AEPA, its Members, participating Entities, its employees. The liability
of AEPA, its Members, Participating Entities or its employees will be subject in all cases to the immunities and
limitations of Nevada or the AEPA Member Agency's state laws.
Inquiries: Inquiries and questions related to this solicitation, the solicitation process and any resulting contract
award may occur and should be addressed to the following:
1. From the time the solicitation is published until the deadline for questions as stated on Page 1 of Part A. inquires
and questions should be submitted via email to QUestions ae a.co, op.9r � referencing AEPA bid number and
category.
2. From the time bids are received and opened until the time AEPA has approved and made its recommendations,
inquiries and questions should be submitted via email to Wds(d)aepacoo .org.
.....1......_._. Z..........
3. From the time AEPA has made its approval and recommendations until individual contracts have been awarded
by the individual AEPA Member Agencies, questions related to contract implementation, pricing,
extension/renewal and/or termination should be addressed to bid oversight committee chair by submitting an
email to secretaryc))aepacoop.org for correct contact information for committee chair.
4. Once a contract has been awarded by an individual AEPA Member Agency any inquiries and questions relating
to contract implementation, execution, transactions and/or concerns/issues occurring within that state should be
addressed to the individual AEPA Member Agency.
All other inquiries and questions should be addressed and submitted to the AEPA President by email at
resident ae acoo .or .
Installation: Equipment and items of construction shall be installed in accordance with the manufacturer's
instructions, specifications, in accordance with any federal, state, local rules, regulations, codes and the schedule
determined by the AEPA Member Agency and/or Participating Entity.
Insurance: Prior to executing a contract with the AEPA Member Agency or a Participating Entity under this
solicitation, if required, the Contractor shall procure, maintain and provide certification from insurer(s) for minimal
coverage during the life of any resulting contract/agreement, to include but not limited to comprehensive
public and/or commercial liability, errors and omissions, workman's compensation, unemployment and other
insurance coverage required by and applicable to each AEPA Member Agency state's statutes and federal laws in
which proposed products and services will be offered and provided.
l . Evidence of the required insurance for each of those AEPA Member Agencies' state, who indicated an interest to
participate in this solicitation, identified in Part B: Specifications by providing written evidence and/or
documentation from your insurer(s) indicating your firm has in place the type and amount of coverage required
by each of the states. The Bidder has the sole responsibility to conduct and perform the necessary research to
make themselves aware of and to understand each states requirements.
2. Certificate of Insurance: The Contractor shall provide, as required, a certificate of insurance for commercial
liability insurance naming the AEPA Member Agency and or its Participating Entity as the certificate holder (co-
insurer).
3. All insurance policies are to be executed by an insurance company authorized to do business in those AEPA
Member Agency's states participating in this solicitation.
4. Subcontractor's Insurance: Prior to commencing any work, any Subcontractor shall procure and maintain, at its
own expense until final acceptance of the work, insurance coverage in a form and from insurers acceptable to the
prime Contractor. All Subcontractors shall hold the appropriate type and amount of insurance coverage required
by the AEPA Member Agency state in which the work is being done and will provide insurance, which waives
all subrogation rights against the prime Contractor, AEPA Member Agency and its Participating Entities.
Invalid Term or Condition: If any term or condition of this solicitation and any resulting contract shall be held
invalid or unenforceable, the remainder of this solicitation and any resulting contract shall not be affected and shall
be valid and enforceable.
Late Bids: Late bids shall not be opened and will be deemed non -responsive and within twenty-four hours such
determination will be posted to AEPA's website ww -.aet)acoop.org. Bidders with rejected bids must make a written
request within thirty (30) days to AEPA by sending an email to secretary u aepq! rggp org requesting to have their
rejected bid returned at Bidder's expense. Late bids will be destroyed after forty-five (45) days.
AEPA IFB 012 Part A
Page 18 of 110
Due: October 14, 2011 at 1:30 pm EDT
Leases and Rentals: Contractor may allow AEPA Member Agency or Participating Entity to rent, lease or lease
purchase. Buyer must receive a copy of the executed leasing documents prior to processing a purchase order.
Contractor agrees that leases will be in compliance with the Uniform Commercial Code and the Buyer's individual
state laws. All terms of leasing must be included in the bid, with interest rates described as related to a published
government standard. Contractor must indicate in their response to this solicitation and in any leasing/rental
agreement, all costs (must be itemized) associated with early termination and/or the returning of leased or rented
equipment that are the responsibility of the Buyer. No sale of a contract to a third party will be made without
informing the Buyer of the transfer. If Contractor sells a lease contract to a third party, the cost of return of the
product must not be greater than the cost of return to the original Contractor.
Legal Remedies: All claims and controversies shall be subject to the Procurement Code of the state in which the
AEPA Member Agency or Participating Entity resides.
Licenses and Registration: Each state and local jurisdictions in which a transaction may occur may require various
types of licenses and/or registrations (business, construction Contractor, etc). Likewise, there are various policies,
procedures, rules, regulations, codes and laws that govern such licensing/registration within federal, state and local
jurisdictions, therefore, it is the Bidder's/Contractor's responsibility to be aware of, obtain and maintain in current
status all federal, state and local licenses, registrations and bonds required for the performance and delivery of any
and all products and services offered in its response to this solicitation. It is also the responsibility of the
Bidder/Contractor to ensure that any Subcontractors performing under this bid hold and maintain the appropriate
licenses/registrations. The Bidder will submit copies of licenses, registration and/or other documentation to
substantiate they hold the appropriate licenses/registration required by individual jurisdictions covered by this
solicitation.
Liens: All materials and services shall be free of all liens.
Local public body: A political subdivision of the state and the agencies, instrumentalities and institutions
thereof. Such agencies may include but are not limited to two-year and four-year post -secondary educational
institutions, pre-k-12 institutions, counties, cities and municipalities, except as exempted pursuant to the
Procurement Code within each state. Entities within these groups may include but are not limited to
political subdivisions, administrative units, councils, commissions, boards and organizations that either by federal,
state or local legislative or administrative action or appointment and have been established or given the responsibility
and authority to act, conduct and perform various activities on behalf of the federal or state agency or local public
body.
Manufacturer's Representative: Dealers, distributors and installers of specialized facility technology, electrical,
mechanical systems and equipment, who, if permitted by the Scope of Work, submit an offer as a manufacturer's
representative, must be able to provide documented evidence from and/or between it and the manufacturer certifying
that the Bidder is a bona fide manufacturer's agent for the specific products/services proposed, the Bidder is
authorized to submit an offer on such products/services, and a guarantee that, should the Bidder fail to satisfactorily
fulfill any obligations established as a result of the award of contract, the manufacturer will either assume and
discharge such obligations covered by warrantees or provide for their competent assumption by one or more bona
fide representatives for the term of the contract/warrantee period. Bidders of software, mechanical devices, electrical
products/systems and other commodities that make up systems/networks must be able to provide the same
information from a manufacturer.
Modification by Buyer: Contractor shall have no obligation with respect to any patent and copyright infringement
claim based upon Buyer's modification of the equipment and/or software, or its operation or use with apparatus, data
or programs not furnished by Contractor. However, one Buyer's action will not preclude Contractor's obligation to
others not having modified their equipment or software.
Money:- All transactions are payable in U.S. currency only.
Most Favored Customer: AEPA and its AEPA Member Agencies expects Bidders/Contractors to offer AEPA
equal or better prices, terms, warranties and benefits than they offer for equivalent terms, conditions and
requirements offered to any present or future customers or cooperatives with equal or lesser volume. Please note the
following:
1. AEPA and its AEPA Member Agencies reserves the right to accept or reject the Bidder's response if it is
determined it does not comply with the above based on their knowledge, investigation, review and findings of
Bidders' submitted fees and prices.
2. In the event the Contractor offers lower fees or prices to another customer or cooperative, AEPA and its AEPA
Member Agencies shall notify the Contractor of the deviation and request written justification. Based on AEPA
and its AEPA Member Agencies' investigation, review and findings, AEPA reserves the right to take following
actions:
AEPA IFB 012 Part A Page 19 of 110 Due: October 14, 2011 at 1:30 pm EDT
A. To request the Contractor to immediately adjust its AEPA's offered fees or prices to match the lower fees or
prices offered;
B. To work with the Contractor to mediate and resolve the situation; or
C. To notify the Contractor that it intends to suspend and/or terminate their contract.
Multiple Approvals and Awards: Throughout the United States, AEPA Member Agencies have a large number of
Participating Entities who take advantage of and utilize awarded contracts. In order to assure that any issued contract
will allow these entities to fulfill current and future needs and requirements, AEPA and its AEPA Member Agencies
reserve the right at its discretion to approve and/or award one contract, multiple contracts or no contracts. The actual
use of any contract will be at the sole discretion of the AEPA Member Agency or the Participating Entity.
Nonexclusive Contract: Any contract resulting from this solicitation shall be approved and awarded with the
understanding and agreement that it is for the sole convenience of the AEPA, its AEPA Member Agencies, their
Participating Entities and they reserve the right to obtain like goods and services from another source.
Non -Profit, Non -Public Educational Institutions and other Non -Profit Organizations (Section 501(c)(3) of the
Internal Revenue Code, Federal Tax Code) is defined as charitable, religious, educational, public service, support
and scientific organizations, entities, corporations that qualify as exempt organizations under Section 501(c)(3) of the
Internal Revenue Code, or corresponding section of the Federal Tax Code.
Notice: Notices under this solicitation/contract will be in writing and will, for all purposes, be deemed to have been
fully given when sent by registered or certified mail, return receipt requested, postage prepaid, email with
appropriate verification, properly addressed to the respective parties as specified herein or at such other address as
may be specified by either party from time to time.
Novation: If the original 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. AEPA and its AEPA
Member Agencies reserves the right to recommend approval, acceptance or rejection of the new party. A simple
change of name agreement will not change the contractual obligations of the Contractor.
Ordering Procedures: AEPA has established the three ordering processes stated below and Bidders shall review
each AEPA Member Agency's specific terms and conditions within Section IV herein and confirm the process to be
utilized for each AEPA Member Agency.
1. Standard Ordering Process:
A. Buyer will select items for purchased from provided published catalog/price list or Contractor will issue a
quote upon request;
B. Buyer will prepare and issue a purchase order to the Contractor based on the product catalog, pricelist or
Contractor's quote;
C. Contractor will deliver and invoice the Buyer:
D. Buyer will acknowledge delivery and acceptance by issuing the Contractor payment;
E. Contractor, based on the agreed to process, will report and submit payment for the AEPA Member Agency's
fee to the AEPA Member Agency (quarterly).
F. Contractor shall provide the transaction and volume reporting in the AEPA format.
2. Electronic Ordering
A. Web -based electronic ordering systems are preferred.
B. Electronic ordering systems shall be secure and password protected. Entering the system with the designated
password shall automatically send the user to AEPA contract pricing.
C. When the Buyer requires purchase orders, electronic ordering system shall require entry of a purchase order
number, credit card or purchasing card prior to accepting an order.
D. Electronic ordering systems shall block excluded items not covered by the AEPA contract from any order.
E. Electronic ordering systems shall automatically assign correct contract prices to applicable orders.
F. Electronic ordering systems that list catalog price and AEPA discounted price are preferred.
G. Electronic ordering systems shall track orders and purchases covered by the AEPA contract for reporting and
audit purposes. Contractor shall provide the transaction and volume reporting in the AEPA format.
H. Electronic ordering systems' pricing shall include the AEPA Member Agencies administrative fee required
by the AEPA Member Agencies.
AEPA IFB 012 Part A Page 20 of 110 Due: October 14, 2011 at 1:30 pm EDT
I. Electronic ordering systems that allow
Buyer's order are preferred.
AEPA Member Agencies to print an archived (historical) copy of a
Order of precedence: In the event that an AEPA Member Agency does not stipulate an ordering process or a
conflict occurs the following order of precedence shall prevail:
A. Member Agency Specific terms and conditions
B. Specifications and scope of work
C. General terms and conditions
D. Attachments and exhibits
E. Documents referenced or included in the solicitation
Overcharges by Antitrust Violations: Member Agency maintains that, in actual practice, overcharges resulting
from antitrust violations are borne by the Buyer. Therefore, to the extent permitted by law, the Contractor hereby
assigns to the Member Agency any and all claims for such overcharges as to the goods or services used to fulfill the
contract.
Parole Evidence: This contract represents the final written expression of agreement. All agreements are contained
herein and no other agreements or representations that materially alter it are acceptable.
Patent and copyright indemnification: To the extent permitted by law, Contractor shall indemnify and hold
harmless Member Agency and its Participating Entities against any liability, including costs and expenses, for
infringement of any patent, trademark or copyright arising out of contract performance or use by Member Agency
and its Participating . Entities of materials furnished or work performed under this contract. Member Agency and its
Participating Entities shall reasonably notify Contractor of any claim for which it may be liable under this paragraph.
Price: Within Part B: Bid Specifications and Part C: Bid Forms of this solicitation AEPA has identified and
stipulated the type of bid and the pricing methodologies that are to be utilized to price and submit the Bidder's bid
prices. The Contractor agrees that the cost for any item bid or offered on this contract will be uniform for all states,
and that any differences in pricing are due to actual freight (shipping/delivery) costs; state specific installation and
labor costs, AEPA Member Agency's Administrative Fee, etc. The Bidder, within their response must describe and
provide their pricing as requested utilizing the various pricing methodologies specified. Due to the various type and
kinds of products and services that may be solicited by AEPA; the nature, characteristics, attributes and make of the
products and services solicited; and the different methods utilized to price the products and services solicited.
Please note the following item that relate to pricing.
1. Pricing Methodologies. The following pricing methodologies have been established.
A. Fixed or Catalog Pricing: Is utilized when the products and/or services solicited are clearly identified with
set and specific characteristics, attributes and configurations that are identifiable as a stand-alone single unit
and can be listed and priced as a single unit with options that can be added to enhance and/or improve its
operation and functionality. The Bidder offers a fixed discount(s) off retail price, catalog price, published
price or list price. The discounts may be for the entire catalog, for specific products, product lines,
manufacturer or category of products. Prices may change based on manufacturer's price changes, new
published pricing or price lists. New products may be added at the established percentage discounts at any
time and discontinued products may be dropped at any time during the contract term. The Bidder may offer
tiered and/or additional volume discount(s) based on amount purchased at one time.
B. Line -Item price list: Products and/or services that are broken down in detail by element, component,
product categories, product type and each product and/or service is presented as an individual item which
needs to be combined with other items to make up a final project or solution. The information provided on
each item includes.
1. Product Vendor/Manufacturer
2. Product Number
3. Product Name
4. Product Description
5. Unit of Measure
6. Item Price
7. Category
8. Brand
9. Manufacturer's number
C. Automate System for Pricing (ASP): The method consisting of an ASP and/or software application
(RSMeans, Gordian) that is self contained and consist of a turn -key solution that includes a complete line -
item listing of all of the products, supplies, materials, equipment, services, accessories and options with their
description, specifications, terms, conditions and associated pricing for each item, sub -assemblies and/or
AEPA IFB 012 Part A Page 21 of 110 Due: October 14, 2011 at 1:30 pm EDT
assemblies. The Bidder provides a percent of discount or fixed multiplier/factor to be applied to total project
cost to allow for individual state conditions and requirements and to arrive at the AEPA price.
D. Alternative Method of Costing: This method covers any product and/or service not covered by catalog
pricing, published price list, line -item price list, automated system for pricing, or is a product and/or service
due to the projects or applications specifications, conditions and/or requirements that need to be custom
designed, developed, manufactured and/or produced to meet the requirements of an individual project or sole
source. The alternative pricing is calculated as follows:
a. The Bidder must prepare, issue and receive three written quotes from available suppliers and select the
supplier that offers the products and services that meets the stipulated requirements and specifications
and the most cost effective solution. All quotes must be made available upon request.
b. The Bidder must indicate the percent of overhead and/or markup as part of their response to be added to
these costs to obtain the normal and customary retail price.
c. The Bidder must indicate the percent of discount offered to AEPA and its Participating Entities on the
normal and customary retail price.
d. The AEPA price is calculated by taking the product and services cost to the Contractor plus the indicated
percent of profit/overhead to equal the normal and customary retail price. The Contractor will then
subtract the approved AEPA discount to obtain the AEPA price. Example: item cost $1,000; percent of
profit/overhead of 20% equals retail price of $1,200; less the AEPA discount of 10% or $120 equals the
AEPA price of $1,080.
E. Open -Item or Combined pricing: Is when the product and/or services consist of a number of different
variables or configurations that must be identified before a price can be established or the pricing is based on
an established pricing methodology (custom manufactured items) or price book such as RS Means/Gordian,
in which the scope of work or design is specific to an individual project or application. The Contractor
provides the individual project cost in a specially prepared quote based on the project's terms, conditions and
requirements.
F. Pricing based on a Cost -plus -a -percentage -of -cost: This type of pricing is .prohibited.
2. Product Catalogs, Retail Price List, Price List and Electronic Catalog Process:
A. Catalogs/price lists: A copy of the latest edition of the price list or catalog that the discount will be applied
to shall be included with bid. Bidder shall attach all applicable price lists or catalogs. Submission of
outdated price lists or catalogs may result in rejection of bid.
B. Line item price list or catalog/core price lists: New or adjustments to price lists shall be submitted to the
designated AEPA Bid Oversight Committee Chair for review and consideration throughout the term of the
contract. After being reviewed and approved, a recommendation would be submitted to AEPA Member
Agencies for their acceptance or rejection.
The AEPA Oversight Committee will review new price lists or catalogs to determine if the new prices or an
alternative option is in the AEPA Agency Members' best interests. New price lists or catalogs shall apply to
the contract recommended by AEPA only upon approval by AEPA Member Agencies. New price lists or
catalogs found to be non-competitive at any time during the contract would be grounds for terminating the
contract.
C. Catalogs/price list copies: Contractor shall furnish AEPA Member Agency and their Participating Entities
with copies of approved price list(s).
3. Pricing terms, conditions and stipulations:
A. Cost: The cost or price of a Bidder's goods or services will not cancel out technical competence as identified
in the specifications; cost is an important factor and its importance. will increase as the degree of equality of
technical competence between bids increases.
B. Fixed prices: Fixed price offers shall include prices for any and all items. Fixed prices shall be firm until
each anniversary date of contract, unless there is an occurrence of one or more economic price adjustment
contingencies outlined in the bid. If economic price adjustment contingencies occur, or not less than thirty
(30) days prior to each contract anniversary date, Contractor may submit a fully documented request for
price adjustment to AEPA and then to Member Agency. The documentation must substantiate the cause
and/or reason for the requested price increase and demonstrate that it was unpredictable at the time of bid
submittal and/or contract renewal and out of the Contractor's control. Pricing will take effect thirty (30)
days after approval and acceptance.
C. Discounts: Discount offers must clearly identify percent of discount to apply to catalog, manufacturer,
MSRP, retail or published price lists. Bidders shall identify and stipulate if the discounts apply to the entire
AEPA IFB 012 Part A Page 22 of 110 Due: October 14, 2011 at 1:30 pm EDT
catalog, price list, specific product lines, manufacturers and categories of products. If multiple discounts
apply, Bidder shall clearly indicate the discounts (pricing points, tiered pricing/quantity levels, etc.) to the
respective applicable products or services. Bidder shall agree that there will be no reduction in discount(s)
during the term of the contract.
D. Shipping, installation, and returns: Prices may change based on manufacturer's price changes and new
products may be added at the established percentage discounts at any time. Discontinued products may be
dropped at any time during the year. Change in discount rate will be considered at the time of a contract
extension and will be a factor in renewal.
E. Combination Pricing: Offers with combination pricing shall clearly identify items covered by discount(s)
and those with fixed prices. Prices for such products and/or services shall be adjusted as identified for the
appropriate contract type noted above.
F. New catalogs/price lists: New price lists or catalogs may be submitted throughout the term of the contract
and the AEPA Oversight Committee has the option to review the new price lists or catalogs to determine if
the new prices or an alternative option is in AEPA's best interest. New price lists or catalogs shall apply to
the original contract category approved by AEPA and awarded by its Member Agencies. New price lists or
catalogs found to be non -compliant or non-competitive at any time during the contract would be grounds for
terminating the contract.
G. Price Reduction.: A price reduction can be offered at any time and will become effective upon notice.
Special, time -limited reductions are permissible under the following conditions:
a. The price reduction is available to all AEPA Member Agencies equally.
b. The price reduction is for a specific time period, no less than thirty (30) days.
c. The original price is not exceeded after the time limit.
d. The AEPA Oversight Committee and all AEPA Member Agencies shall be notified of any special or
time limited price reduction. New prices must be on record fifteen (15) days prior to any offer of the new
prices being proposed or offered to AEPA Member Agencies and Participating Entities.
H. Volume Purchases: If the cost of an item(s) is lowered for any AEPA Member Agency or its Participating
Entities for any reason, the cost will be lowered at the same time for all agencies for the same reason and
under the same terms and conditions. (If one Member Agency proposes to purchase a large volume of one
product at one time and the Contractor agrees to provide an additional discount, that same discount would be
available to any agency in any of the AEPA Member Agencies participating in this contract.
I. Most Advantageous Pricing: The Bidder/Contractor must agree that they will not offer or provide an equal
or lower cost to any state or multi -state contract for a volume equal to or lesser than that through AEPA.
J. Pricing Variations by State: It is understood that based on the geographical location of AEPA Member
Agency and the distribution point and the location in which providers are dispatched the freight, shipping,
delivery, transportation and personnel per diem costs may vary Buyer to Buyer. Federal, state and local fees
(permits, licensing, registrations, etc.), may vary by state and location. Additionally, Section IV: AEPA
Member Agencies' Specifications, Terms and Conditions, identifies the various Administrative Fees charged
by each AEPA Member Agency. Therefore, within the Bidder's response, each of these items must be
acknowledged and addressed on how they will be disclosed and handled within the pricing methodology
utilized to provide pricing in response to this bid.
K. Taxes: Different jurisdictions taxing authorities have different tax laws, rules, regulations and processes,
therefore, prices offered will not include applicable federal, state and local taxes. All applicable taxes must
be listed as a separate item on all cost proposals, invoices.
Prime Contractor: For the purpose of this bid, a Contractor will be considered a prime Contractor and not a
Subcontractor. Any Contractor paid directly by the AEPA Member Agency or Participating Entity is a prime
Contractor; a Contractor pays a Subcontractor. Prime Contractors using Subcontractors are responsible for all
actions of its Subcontractors.
Procurement Code: All Bidder/Contractor's must make themselves aware of and comply with all federal, state, and
local statutes and regulations.
Products and Services:
1. Product Line: If applicable, contracts will be a awarded to Bidders able to provide their complete product
line(s) of commodities, supplies, equipment, software and services that meets the scope of work and
specifications of this solicitation. Bidders with a published, priced catalog may submit their entire catalog;
AEPA IFB 012 Part A Page 23 of 110 Due: October 14, 2011 at 1:30 pm EDT
AEPA reserves the right to select or reject products within the catalog for recommendation without having to
award all the contents.
2. Serial Numbers: Bids must be for equipment on which the original manufacturer's serial number has not been
altered in any way.
3. Current Products: All bids shall be for commodities, supplies, equipment, supplies and software in current
production; meet or exceed commercial and industry standards; and marketed and provided nationally to the
general public and/or educational/governmental agencies.
4. Construction Products and/or Services: are associated with building, erecting, altering, repairing,
installing or demolishing in the ordinary course of business any: (1) road, highway, bridge, parking area
or related project; (2) building, stadium or other structure; (3) airport, subway or similar facility;
(4) park, trail, athletic field, golf course or similar facility; (5) dam, reservoir, canal, ditch or
similar facility; (6) sewage or water treatment facility, power generating plant, pump station, natural gas
compressing station or similar facility; (7) radio, television or other tower; (8) shaft, tunnel or other
mining appurtenance; (9) electrical wiring, plumbing or plumbing fixture, gas piping, gas
appliances or water conditioners; (10) air conditioning conduit, heating or other similar mechanical
work; or similar work, structures or installations; (11) leveling or clearing land; (12) excavating
earth; (13) drilling, wells of any type, including seismographic shot holes or core drilling; and
similar work, structures or installations.
5. Services: are defined as the furnishing of labor, time or effort by a Contractor not involving the delivery of a
specific tangible product other than reports and other materials which are merely incidental to the required
performance.
6. Professional Services: Services relating to architects, archeologists, engineers, surveyors, landscape
architects, medical arts practitioners, scientists, management and systems analysts, certified public
accountants, registered public accountants, lawyers, psychologists, planners, researchers, educational
specialist, construction managers and other persons or businesses providing similar professional
services, which may be designated as part of this solicitation.
7. Peripheral & Optional Items: Bidder can include various peripheral products, equipment, accessories,
services, deliverables and related items that are associated with and function with the primary offering. Optional
equipment or products may be added to the contract during the term of the contract. AEPA reserves the right to
accept or reject such offerings under the following conditions:
A. The enhancement is recommended by AEPA and approved by the Member Agency;
B. The option is priced at a discount similar to other options;
C. The option is an enhancement to the unit.
8. Descriptive Literature and Brand Names: All bids are to include a complete set of the manufacturer's
descriptive literature regarding the commodities, supplies, materials, equipment and software offered. Brand
names, trade names and/or catalog numbers used in the solicitation will be intended to describe and identify the
type, level and quality of products, equipment and software being requested.
9. Discontinued products: If a product or model is discontinued by the manufacturer, Contractor may substitute a
new product or model if the replacement product meets or exceeds the specifications and performance of the
discontinued model and if the discount is the same or greater than the discontinued model.
10. Product Specifications: This solicitation is designed to enable a Bidder to satisfy a requirement for a
commodity, supply, material, equipment, software, process, or service. A specification, may be expressed as a
standard, a part of a standard, or independent of a standard; by specifying a manufacturer's brand and model. No
specification is intended to unnecessarily limit competition by eliminating items capable of satisfactorily and/or
meeting the actual needs of the procurement. When a brand name product is specified and is only available for a
single source, Bidders are encouraged to offer alternative products which they believe to adhere to and comply
materially, functionally and operationally equal to or better than the brand name product specified. Any Bidder
believing a specification is unnecessarily restrictive, shall indicate such in the form of a question during the
solicitation process and prior to bid due date. The fact that a manufacturer or supplier chooses not to produce or
supply the commodity, supply, material, equipment, software or services to meet these specifications will not be
considered sufficient cause to adjudge these, specifications as restrictive. If the Bidder deviates from these
specifications, reasons must be stated for such deviation and state why, in their opinion, the commodity, supply,
material, equipment, software or services they bid will render equivalent reliability, coverage, performance
and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire
bid.
AEPA IFB 012 Part A Page 24 of 110 Due: October 14, 2011 at 1:30 pm EDT
11. Quality: Unless otherwise modified elsewhere in this solicitation, Contractor warrants the commodities,
supplies, materials, equipment, and services delivered as stipulated in the Buyer's purchase order/contract, shall
be:
A. Of a quality to pass without objection in the industry and professional standards normally associated with
them;
B. Fit for the intended purpose(s) for which they are used;
C. Of even kind, quantity and quality within each unit and among all units, within the variations permitted by
the contract;
D. Adequately offered, presented, delivered, accomplished and complete as the contract may require; and
E. Conform to the written promises and/or oral affirmations of fact made by Contractor.
Progress Payments: Progress payments are allowed on purchases for goods and services under the following
conditions:
1. The Buyer and the Contractor agree to the terms of the progress payments prior to issuing a purchase order;
2. The purchase order describes the amounts to be paid and the date of payment;
3. The Buyer has a satisfactory method of verifying progress described in writing in a letter or on the purchase
order;
4. That payments will only be made when actual goods and/or services are verified/received; and
5. That any such payments be made in full compliance of Buyer's local board rules and any and all other applicable
state rules and regulations.
Protests: Under this public procurement and AEPA's Solicitation, any Bidder who is aggrieved in connection with
this procurement, can file a protest in accordance with (1) AEPA's Solicitation Document; (2) AEPA's Policies and
Procedures; and (3) AEPA Member Agency's State Procurement Code and Board Policies. Venue for any and all
legal actions regarding or arising out of the transactions covered herein shall be solely in the court of jurisdiction
located in the state and county of the AEPA Member Agency and will govern any resulting transactions.
1. Procurement Phases: AEPA's procurement/solicitation process is broken down into three (3) phases. Any
Bidder who is aggrieved in connection with any of the three (3) procurement/solicitation phases listed below
and/or any functions or activities associated with each shall file their protest with the AEPA representative
indicated below.
A. Bid Due Date: The preparation and contents of the solicitation, its terms, conditions and specifications, the
notification, distribution of solicitation documents and addendums (date published through the bid due date
and time).
B. AEPA Approval: The receiving, opening, recording, evaluating, recommending and approving Bidders to
be considered for AEPA approval and/or actions relating to contract renewal and extension. (Date received
and opened through date of individual contract award and future renewals).
C. Contract Award: The awarding, implementing and administering of resulting contracts and the disclosure
of confidential data. (Date individual contracts awarded by AEPA Member Agencies or 120 days from
AEPA approval).
2. Protest contents: Protests shall be in writing and must be filed with the appropriate AEPA represented below.
A protest must include:
A. The name, address and telephone number of the protester;
B. The original signature of the protester or its representative;
C. Identification of the procurement function and/or contract activity with the solicitation or the
contract number;
D. A detailed statement of the factual grounds or legal basis for the protest;
E. Supporting exhibits, evidence or documents to substantiate any claim unless not available
within the filing time, in which case, the expected availability date shall be indicated; and
F. The form of relief requested.
3. Protest Submittal: Protester shall submit the bid protest in accordance with the requirements of the above three
(3) procurement functions immediately or within ten days of the date the protester knows or should have known
the basis of the protest per the following:
A. Bid Due Date: Knows or should have known the basis of the protest upon the bid due date or 10 days after
the bid due date.
AEPA IFB 012 Part A Page 25 of 110 Due: October 14, 2011 at 1:30 pm EDT
B. AEPA Approval: Knows or should have known the basis of the protest upon notification from AEPA of the
bid category approval.
C. Contract Award: Knows or should have known the basis of the protest or ten days after the notification from
the AEPA Member Agency award.
Bid Due Date Bid Question Coordinator Questions@aepacoop.org
AEPA Approval Bid Coordinator Bids@aepacoop.org
Contract Award Individual AEPA Member Agency with a See AEPA Member Agency
copy to the AEPA President Information sheet
4. Protest Resolution: Protest shall be resolved, in accordance with AEPA's Board Policies, Procedures and/or the
appropriate state statutes where the AEPA Member resides. It is the intent of AEPA that all bid protest decisions
from the point a bid has been published through contract approval or rejection, will be resolved by AEPA. Bid
protests concerning contract award by AEPA Member Agencies will be resolved by the respective AEPA
Member Agency.
5. Protest Costs: The losing party to the protest shall be responsible for the reasonable and justifiable costs of the
protest. The protest costs shall be based on the costs and expenses incurred by the AEPA and its Member
Agencies, including but not limited to staff salaries, attorneys' fees, hearing, reproduction, transcription and
travel costs.
Provisions Required By Law: By submitting a response to this solicitation, bidders are acknowledging they have
conducted and performed the required research to make themselves aware and knowledgeable of all federal, state and
local laws/statutes that are referenced herein, may pertain to and/or govern the procurement activities and
transactions covered by this bid. These provisions of law and any clause required by law that is associated with and
relates to this bid and any resulting contract will be read and enforced as though it were included herein.
Public Record: All bids submitted to this invitation shall become the property of the AEPA and will become a
matter of public record, available for review, subsequent to the bid due date. Bids may be viewed, by appointment
only, at the Wilson Education Center, 2101 Grace Avenue, Charlestown, IN 47111, under the supervision of the
Executive Director or its designee, from 8:30 a.m. to 3:30 p.m., Monday through Friday. Within fifteen days, the
Bid Receipt Summary Report will be posted to the AEPA website (vvA�epaccop.org).
Right to Assurance: Whenever one party to this contract in good faith has reason to question the other party's intent
to perform, he/she may demand that the other party give a written assurance of this intent to perform. In the event
that a demand is made and no written assurance is given within ten (10) days, the demanding party may treat this
failure as an anticipatory repudiation of the contract.
Safety Measures: Contractors shall take all necessary precautions for the safety of employees on the worksite, and
shall erect and properly maintain at all times, as- required by job conditions and progress of the work, all necessary
safeguards for the protection of the workers and public. They shall post danger -warning signs against the hazards
created by their operation and work in progress. Proper precautions shall be taken pursuant to state law and standard
construction practices in order to protect workers, the general public and existing structures from injury or damage.
Safety Standards: All items supplied on this contract shall comply with the current applicable Occupational Safety
and Health Standards, the National Electric Code, and the National Fire Protection Association Standards.
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 that may remain in effect without the invalid
provision or application.
Substance Use & Conduct: All Contractors and Subcontractors must adhere to local substance (alcohol, drug,
smoking, etc.) and conduct (dress code, language, parking, etc.) policies while on AEPA Member Agencies and
Participating Entities premises.
State Agency: means any department, commission, council, board, committee, institution, legislative body, agency,
government corporation, educational institution or official. of the executive, legislative or judicial branch of the
government of this state.
Suspension or Debarment Status: If within the past five (5) years, any Bidder has been disbarred, suspended or
otherwise lawfully precluded from participating in any public procurement activity with a federal, state or local
government, the Bidder must include a letter with its response or bid setting forth the name and address of the public
procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and
the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to not
AEPA IFB 012 Part A Page 26 of 110 Due: October 14, 2011 at 1:30 pm EDT
disclose in the letter all the pertinent information may result in the cancellation of any resulting contract. By signing
the bid section, the Bidder certifies that no current suspension or debarment exists.
Tare: If the Contractor requires the Buyer to pay for shipping, the weight of the empty container and any material
used for packing shall be of the lightest weight practical for safe delivery of the contents.
Term of Contract and Extensions: The term of the agreement shall commence on the date of the award by the
Member Agency and continue in accordance with the dates stipulated in the Bid and Timeline schedule located in
Part A of this bid unless terminated, canceled or extended. By mutual written agreement, the contract may be
extended for three additional 12-month periods, ending on the last day of February. Member Agency reserves the
right to offer month -by -month extensions until a new contract is awarded. AEPA may choose to recommend the
contract extension. If so recommended, an individual Member Agency may choose to not extend the contract.
Termination by Non -Approval of AEPA: AEPA Member Agencies on annual basis assess, evaluate and review
existing AEPA vendors to determine if the organization as a whole desires to extend its approval of those vendors. If
an existing AEPA vendor's approval is not extended for an additional term, the AEPA Member Agencies can not
extend the dis-approved vendor's contract. (See term of Contract and Extensions)
Termination by AEPA Member Agency: An AEPA Member Agency may cancel any contract secured by the
solicitation without any further obligation if any person significantly involved in initiating, negotiating, securing,
drafting, or creating the contract on behalf of the AEPA Member Agency is or becomes, at any time while the
contract or any extensions of 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. Such cancellation shall be effective when the parties to
this contract receive written notice from the AEPA Member Agency unless the notice specifies a later time.
Cancellation by one AEPA Member Agency does not require other Agencies to cancel their contracts.
Termination for Convenience: AEPA Member Agency reserves the right to immediately terminate this contract,
without penalty or recourse, in whole or in part, if the AEPA Member Agency determines that termination is in the
best interest of Participating Entities. The Contractor, after receipt of a "Notice of Termination," shall not accept any
new orders after the termination date specified in the notice. Any termination shall have no effect on projects that
are in progress at the time the cancellation is received by the AEPA Member Agency.
Contractor shall be entitled to receive just and equitable compensation in accordance with applicable contract pricing
for work in progress, work completed and materials accepted before the effective date of the cancellation. The
Contractor will not be reimbursed for any anticipated profit.
The AEPA Member Agency reserves the right to cancel, or suspend the use thereof, any contract resulting from this
IFB if the Contractor files for bankruptcy protection, or is acquired by an independent third party.
Contractor may cancel this contract upon written notice to the AEPA Member Agency prior to the intended
termination date (or on the yearly anniversary of the bid). Any termination shall have no effect on projects that are in
progress at the time the cancellation is received by the AEPA Member Agency.
Termination for Default: If either party is in default under this contract, it shall have an opportunity to cure the
default within the time indicated (ten business days in most states) after it is given written notice of default by the
other party, specifying the nature of the default. Upon receipt of the notice of default, the defaulting party shall have
ten business days to provide a satisfactory response to the AEPA Member Agency. Failure on the part of the
defaulting party to adequately address all issues of concern may result in contract termination. If the default is not
cured within the time specified in the notice of default, the non -defaulting party shall have the right, in addition to all
other remedies at law or equity, to immediately terminate this contract. Failure to complain of any action, non -action
or default under this Agreement shall not constitute a waiver of any of the parties' rights hereunder.
The AEPA Member Agency reserves the right to terminate this contract, or any part hereof, for cause in the event of
any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
provide the AEPA Member Agency, upon request, with adequate assurances of future performance. In the event of
termination for cause, the AEPA Member Agency shall not be liable to the Contractor for any amount for supplies or
services not accepted, and the Contractor shall be liable to the AEPA Member Agency or any Participating Entity for
any and all rights and remedies provided by law. If it is determined that the AEPA Member Agency improperly
terminated this contract for default, such termination shall be deemed a termination for convenience.
The AEPA Member Agency will issue written notice to the Contractor for acting or failing to act in any of the
following:
1. The Contractor provides material that does not meet the specifications of the contract;
2. The Contractor fails to adequately perform the services set forth in the specifications of the contract;
AEPA IFB 012 Part A Page 27 of 110 Due: October 14, 2011 at 1:30 pm EDT
3. The Contractor fails to complete the work required or to furnish the materials required within a reasonable
amount of time;
4. The Contractor fails to make progress in the performance of the contract and/or gives the AEPA Member
Agency reason to believe that the Contractor will not or cannot perform to the requirements of the contract;
5. The Contractor fails to observe any of the terms and conditions of the contract;
6. The Contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as
stipulated by the AEPA Member Agency.
Termination for Non -Appropriation: Any individual Buyer's procurement/contract covered by this bid and
executed in accordance with resulting contract may be terminated if insufficient appropriations and/or authorizations
do not exist due to changes in state or federal law, or because of court order, or because of insufficient appropriations
made available to the Buyer's governing board and/or it State Legislature. Such termination will be effected by
sending fifteen (15) days written notice to the Contractor. The Buyer's decision as to whether sufficient
appropriations and authorizations are available shall be accepted by the Contractor and shall be final.
Title and Risk of Loss: The title and risk of loss of material or service shall not pass to the Buyer purchasing the
material or services until it actually receives the material or service at the point of delivery, unless otherwise
provided within this document.
Trade-in Equipment: Equipment for trade-in shall be dismantled by the Contractor and removed at its expense.
The conditions of the trade-in equipment at the time it is turned over to the Contractor shall be the same as when the
original agreement was made, except as affected by normal wear and tear from use between the time of the bid and
the trade-in. Values placed on trade-in products are between the Buyer purchasing the new unit and the Contractor.
Type of Bids Due to the various types, kinds and levels of products and services solicited by AEPA in its IFBs; the
various pricing methodologies/methods utilized and offered to price the various products and services offered; and
the type of contracts that results from any one of AEPA's/bids, AEPA has established the following two types of
bids.
1. Catalog Bid: A catalog bid is utilized when the products and/or services solicited are clearly identified with set
and specific characteristics, attributes and configurations that are identifiable as a stand-alone single unit and can
be listed and priced as a single unit with options that can be added to enhance and/or improve its operation and
functionality. The items are offered through a published catalog, price list and/or on-line catalog. Bidders
offering such products and/or service establish the AEPA price by applying percentage discount(s) on the catalog
price, published prices or price list. The discounts may be for the entire catalog, for specific products, product
lines, manufacturer or category of products. Prices may change based on manufacturer's price changes, new
published pricing or price lists. New products may be added at the established percentage discounts at any time
and discontinued products may be dropped at any time during the contract term..
2. Line Item and open Item Bid: Is utilized when the products and services solicited cannot be identified or listed
as a single unit; consists of a number of different variables and configurations, it is necessary to identify the
specific project or application; the end product or solution is made of individually priced elements or
components and the end product's or solution's cost is derived by the Contractor specially prepared and
providing a quote based on the proj ect's terms, conditions and requirements.
Warranty: Contractor warrants that all commodities, supplies, materials, equipment, software and service delivered
under this contract shall conform to the specifications of this contract. All items should carry a warranty equal to the
intended life cycle or a minimum 12-month manufacturer's warranty that includes parts and labor unless otherwise
specified and agreed to. The manufacturer has the primary responsibility to honor a manufacturer's warranty; a
distributor or dealer agrees to assist the purchaser reach a solution in a dispute with the manufacturer over a
warranty's terms. Any extended manufacturer's warranty will be passed on to the Buyer. For example, if a voice
board has a three-year warranty, but the board is in a turnkey system that has a one-year warranty, the voice board's
three-year warranty must be honored by the manufacturer and the Contractor. All extended warranties must be
passed on, without exception. If, upon discovery, the Contractor charges a Buyer for a replacement part that the
Contractor actually received at no _cost under a warranty, the Contractor will rebate the amount billed and the Buyer
reserves the right to cancel the contract.
AEPA IFB 012 Part A Page 28 of 110 Due: October 14, 2011 at 1:30 pm EDT
IV. MEMBER AGENCY SPECIFIC TERMS AND CONDITIONS
A single IFB is being published and distributed on behalf of the Member Agencies in many states. Differences in
contract implementation and operation will exist between the Member Agencies. Each state may have special laws
relating to this procurement that must be adhered to in addition to the previously stated constraints. When Member
Agency/State Specific Terms and Conditions differ from the General Terms and Conditions, the Member
Agency/State Specific Terms and Conditions will prevail.
Common Terms and Conditions of all individual states are as follows:
Active Promotion of Contract: Agencies require that the Contractor take ownership and actively promote the
contract in cooperation with the AEPA Member Agency to all of the Agencies' qualified Participating Entities.
Sales to Participating Entities: AEPA Member Agencies require that all awarded Contractors offer the Member
Agency contract opportunity to all qualified Participating Entities of the cooperative.
Legal Obligations: All Contractors shall comply with all applicable Federal, State and Local Laws, Codes and
Regulations while fulfilling the contract. It is the Bidder's responsibility to be aware of and comply with all state
and local laws governing this procurement. Applicable laws, codes, and regulations (etc.) must be followed even if
not specifically identified herein.
Fees: Many of the AEPA Member Agencies charge Contractors an administrative or participation fee. Details of
how these fees are charged will be found under each state's Terms and Conditions.
A summary of each States Administrative Fee, any special terms and conditions, and special ordering process
requirements is listed here for the convenience of the Bidders.
AEPA IFB 012 Part A Page 29 of 110 Due: October 14, 2011 at 1:30 pm EDT
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In addition to the common Terms and Conditions above, each Member Agency has submitted Terms and Conditions
appropriate for their State. Each State consists of the following information:
A. Additional Member Agency General Terms and Conditions that apply for all categories identify items that
apply to the procurement process in addition to the previously listed General Terms and Conditions.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services identify items
that specifically apply to the procurement process for non -construction products and services in addition to the
previously listed General Terms and Conditions.
C. Additional Member Agency Terms and Conditions for Construction Products and Services identify items that
specifically apply to the procurement process for construction products and services in addition to the previously
listed General Terms and Conditions.
D. Procedure for Processing Orders defines the process for accepting purchase orders, delivering the services and
goods, invoicing for the items and obtaining the funds in payment for the goods and services. Some Member
Agencies will have the Buyers send them the purchase orders; others will have the individual Buyers send the
purchase orders directly to the Contractor. Member Agency processes differ, and it is the responsibility of the
Contractor to become familiar with the procedures in each state.
E. Agencies Allowed to Purchase under the Member Agency describes who is able to purchase under this
contract in each of the states. Several Member Agencies provide services to all districts in those states. Other
Member Agencies may have fewer types of agencies that are allowed to purchase, but actually have a greater
potential because of the population density. A few Member Agencies will provide services to more than the
education community. The table at the beginning of the IFB summarizes the Member Agencies and the number of
students contained in the member procurement units.
AEPA IFB 012 Part A Page 31 of 110 Due: October 14, 2011 at 1:30 pm EDT
1. California, Monterey County Office of Education d/b/a Ca1SAVE
A. Additional Agency Terms and Conditions
1) Governing Law and . Venue
The laws of the State of California govern the Contract and prevail in the interpretation and administration of the
Contract. California -specific Terms and Conditions prevail over any General Terms and Conditions. Each and every
provision of law and clause required by law to be included in the Contract shall be deemed to be inserted herein and
the Contract shall be read and enforced as though it were included. If through mistake or otherwise any such
provision is not included, or is not currently included, then upon application of either party the Contract shall be
physically amended to make such inclusion or correction.
The venue for any litigation arising out of or related to the Contract shall be with either the Superior Court in and for
the County of Monterey, State of California or the Federal District Court for the Northern District of California, San
Jose Division.
2) Authority
For California, this bid is issued under the authority of the elected Monterey County Superintendent of Schools, who
administers the Monterey County Office of Education (MCOE), located at 901 Blanco Circle, Salinas California,
93912. In this document, MCOE may be referred to as Agency, being distinct from other parties who may use this
contract who are hereinafter referred to as Local Education Agencies (LEAs), regardless of their hierarchy or their
political and organizational status as schools or municipalities.
3) Ca1SAVE, Administration, and Agent
Contracts awarded and Awarded Contractors/Vendors will automatically be part of the Ca1SAVE program.
Ca1SAVE is the cooperative purchasing program founded by the Monterey County Office of Education and
administered by the Epylon Corporation under a contract with MCOE, in cooperation with the California County
Superintendents Educational Services Association (CCSESA). MCOE is the lead agency for all Contracts, and the
Monterey County Superintendent of Schools is the authority for the solicitation, evaluation and award of all
contracts. Epylon serves as MCOE's agent, but only the Monterey County Superintendent of Schools has the
authority to award contracts. Correspondence and communication related to the contract award or administration of
the program should be directed to Epylon, 3675 Mt. Diablo Blvd, Suite 110, Lafayette, CA 94549.
MCOE reserves the right to change agents or to change the contact name of existing Agent's personnel administering
the contract. If or Agent Agent's personnel change, Awarded Contractors/Vendors will be notified with new
g g
instructions.
4) Transaction Fees
Transaction Fees are the funding source for the operation of the self-supporting Ca1SAVE cooperative purchasing
program. Awarded Contractors/Vendors shall be required to pay a Transaction Fee for all purchases by LEAS made
through the awarded Contract. For the purpose of this bid through Monterey County Office of Education and all
Contracts awarded using this document, the Transaction Fee shall be 2 percent of Net Sales, which means gross sales
less returns and cancelled orders within 30 days, shipping and sales and other taxes (excluding taxes based on net
income). Transaction Fees will not be charged to or paid by the buyers themselves. Neither Awarded
Contractor/Vendor nor its designated authorized reseller(s) shall include any additional amount corresponding to the
Transaction Fees in the awarded Contract prices. This Transaction Fee applies to all orders, regardless of the method
used to submit the order, or the quantity or dollar amount of the order.
Epylon will collect the Transaction Fee on behalf of the Ca1SAVE program. The Contractor/Vendor will make all
participation fee payments within two weeks after sending the quarterly report. Checks are to be made payable to the
Epylon Corporation and sent to 3675 Mt. Diablo Blvd., Suite 110, Lafayette, CA 94549. ATTN: Ca1SAVE.
5) Non -Conforming Jurisdictions
AEPA IFB 012 Part A Page 32 of 110 Due: October 14, 2011 at 1:30 pm EDT
Notwithstanding Section A.4 (immediately above) no Transaction Fee is authorized to be charged to Awarded
Contractors/Vendors for sales within any jurisdiction where prohibited by law or local -government policy. Instead,
the cost of products, services, licenses and goods sold under this contract in such jurisdictions shall be the same as all
for school districts in all other counties of California. However, any LEA using this contract where Section 4 fees are
not permitted shall be required to pay a 2 percent fee for use of the contract, imposed by MCOE on the authority of
Public Contract Code Section 20118 and 20652, which allows MCOE to charge reasonable costs to the public
corporation or agency for furnishing the services incidental to the purchase of items under contract.
6) Reports
The Contractor/Vendor will compile a quarterly report listing each purchase made by participating Agencies under
this contract, and send them by the 15th of April, July, October, and January to Racquel Landolf with the e-mail
address of rlandolf@CalSave.org. These reports shall be in Microsoft Excel format and shall have file names that
identify the contractor/vendor and the month being reported. The file at a minimum shall include the fields listed
below and shall allow for sorting on any of these fields:
• Date of Order
• Name of Participating Agency (LEA)
• Description of Item Purchased
• Manufacturer's SKU Number
• Quantity
• Contract Unit Price
• Extended Price
• List Price Before AEPA Discount
7) Length of Term
The term of the agreement shall commence on the date of the award, and continue as stipulated in General Terms and
Conditions, unless terminated, canceled or extended. Contract may be terminated by MCOE if LEAs have not used
the contract in any 12-month period, or if orders from participating LEAs do not total $10,000 in any 12- month
period.
8) Marketing and Advertising under this Agreement
Vendor will actively promote use of this contract by LEAs in California. Vendor must comply with the marketing
plan offered as part of its bid submission. Unless other arrangements are made with the CaISAVE administrator,
vendor is also required to perform the following:
a. Vendor will include the approved CaISAVE logo, web address, and toll free number in all print electronic
mail and other advertising and promotion intended for release to California K-12 schools, excluding national
marketing releases.
b. The CaISAVE logo and associated CaISAVE information shall be of a clearly readable size and in
appropriate proportion to other elements in the print material.
c. Vendor agrees to provide CaISAVE with a copy or proof sheet of the advertisement or promotion material.
Vendor will provide CaISAVE with date of release and name of publication, journal, etc.
d. Vendor shall place a supplied CaISAVE vendor sign on booths, tables, etc. of any or all exhibits for which
the vendor displays/participates at California tradeshows, conventions and the like. Vendor will supply in
advance scheduled exhibit dates. Vendor agrees to make available at the exhibit CaISAVE supplied
brochures or other promotion materials.
e. Vendor agrees to insert the approved CaISAVE logo, web address, toll free number on the vendor's web
site promoting or a specific CaISAVE landing page and providing a link to the CaISAVE website.
f. Vendor will supply product catalog information, product description, pricing, etc. as requested by
CaISAVE in a spread sheet format as specified by CaISAVE for inclusion in the CaISAVE website.
g. Requested materials will be submitted to CaISAVE within 30 days.
AEPA IFB 012 Part A Page 33 of 110 Due: October 14, 2011 at 1:30 pm EDT
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services
1) Conformance to Public Contract Code 20111
An award by the Monterey County Superintendent of Schools under this solicitation will be for the purchase of
equipment, materials, supplies, services or repairs to be furnished, sold, or leased in accordance with Public Contract
Code 20111 and 20650. Awards shall include allowance for installation and assembly services incidental and
necessary to the use of the equipment, materials, supplies and repairs purchased or leased.
2) Conformance to Public Contract Code 20118 and 20652
All public agencies (LEAs) are authorized by law to purchase off a contract awarded by an agency that has itself
gone to bid, including all K-12 schools districts, community college districts, special districts and JPAs serving
education, pursuant to Public Contract Code Sections 20118 and 20652. Using these statutes, the Monterey County
Office of Education hereby declares its intent and authorization to make all contracts awarded under this contract
"piggybackable" by other agencies in the state. The Agency waives any right to receive payment from other
California agencies making purchases off the awarded contracts and those agencies will make payment directly to the
vendors. Any legislative changes to Public Contract Codes 20118 and 20652 during the term of the contract(s) with
Award Vendor(s) shall apply to the contract(s) immediately when such changes become law.
3) Additional Piggyback and Standard School Supply and Equipment Authority
The Monterey County Office of Education declares that items, materials, personal property, equipment and licenses
under Contract as a result of this Invitation to Bid will qualify as items to be included within its Standard School
Supply and Equipment List. Because many County Offices of Education have banded together to create both the
EdBuy and the Ca1SAVE programs for the purpose of collectively creating both a standard School Supply &
Equipment List and cooperative contracts, the items solicited and awarded through this bid may also constitute a
portion of an official Standard School Supply and Equipment List for other participating County Offices of
Education and County Superintendents of Schools. Purchases by other County Offices of Education and LEAs may
be made, not only in accordance with Public Contract Code 20118 and 20652, but also in accordance with Education
Code 38110 and 38112 dealing with cooperatives and Standard School Supplies & Equipment.
C. Additional Member Agency Terms and Conditions for Construction Products and Services
1) Intended for Personal Property
An award by the Monterey County Superintendent of Schools under this solicitation will be for the purchase of
equipment, materials, supplies, services or repairs to be furnished, sold, or leased in accordance with Public Contract
Code 20111 and 20650. Awards shall include allowance for installation and assembly services incidental and
necessary for use of the equipment, materials, supplies and repairs purchased or leased. When any services or repairs
fall into a category of Public Works as defined in Public Contract Code 22002, an LEA may use this California
contract only up to $14,999 for labor and services, but for an unlimited dollar amount for any supplies, materials,
equipment or personal property to be staged and ready for use in a local Public Works project.
2) Public Works Limitations
When Public Works services cost $15,000 or more, an LEA, under most situations, must bid itself independently for
the services and labor related to the public work, but may use this contract for the contracted supplies, material or
equipment related to the project. If circumstances allow, LEAs may also combine this competitively bid contract
with other alternative authorities for Public Works projects, as may be allowed by law, such as Public Contract Code
22030, Education Code 17406 or Government Code 1466. LEAs should consult with their own legal counsel to see if
such statutes apply to their Public Works projects.
D. Procedure for Processing Orders
1) Start date
Once the award is made to the ContractorNendor and signatures have been placed on the contract from both parties,
the Awarded Contractorf Vendor is authorized to begin selling to eligible Agencies. MCOE will begin informing
LEAs of the Contract once the Contract has been signed.
2) Prices and Requests for Quotes
AEPA IFB 012 Part A Page 34 of 110 Due: October 14, 2011 at 1:30 pm EDT
The Awarded Contractor/Vendor, in cooperation with MCOE's agent, must make provision for LEAs to quickly
ascertain bid prices by posting prices, posting a link or contact for prices, distributing catalogs and price lists,
responding to requests for quotations, or participating in eCommerce.
The 2 percent Transaction Fee on all sales is a cost of doing business to the vendor and the requirement for the fee is
publicly disclosed in these bid documents for the edification of all buying agencies and LEAs. Transaction fees
should not appear as a line item on a quotation or on listed bid pricing. The final price quoted or displayed must be
inclusive of the participation fee on.all pricing and quotations.
3) Submission of Orders and Delivery
After entering into an agreement with MCOE, an LEA electing to use this Contract will enter into a separate contract
with the Vendor by way of a purchase order or separate contracting document ("Separate Contract"). Purchase orders
will be issued by participating LEAs to contractor/vendor.
LEAs will fax or mail purchase orders directly to the CaISAVE office (fax (866) 488-3729), unless other
arrangements have been made and agreed to by the CaISAVE Administrator. LEAs may also use Epylon eCommerce
software for transmission of purchase orders.. Standard business practice is for all purchase orders received by 3:00
p.m. Pacific Time to be logged and forwarded to the appropriate vendor on the same day received, unless unusual
circumstances occur.
Awarded Contractor/Vendor will deliver goods, services and corresponding invoices directly to the participating
LEAs and receive payments directly from the participating LEAs as per bid specifications.
E. Agencies Allowed to Purchase under the Member Agency
1) Other Agencies' Right to Purchase.
CaISAVE is a self-supporting contracting program led by the Monterey County Office of Education. Contracts are
made available to all California public school districts, private and non-public schools registered with a county office
of education or state Department of Education, charter schools, community college districts, eligible state agencies,
non -profits (particularly those such as PTAs buying on behalf of schools or government), and any other agency
allowed by law — all referred to as LEAs.
Subject to the following terms and conditions, the Monterey County Office of Education (MCOE) consents to LEAs
purchasing items at the same unit price(s) or pricing formula under the terms and conditions of this Contract, as may
be authorized by Sections 20118 and 20652 of the Public Contract Code or other legal authority:
a) Any other agency (LEA) authorized by law to use this Contract for its own purchase(s) from the Awarded
Contractor/Vendor or their authorized resellers shall by default enter into a standard agreement with MCOE, which
inter alia will include the terms, conditions, and information set forth in this paragraph a and paragraphs b through i
below.
b) After entering into a standard agreement with MCOE, an Other Agency electing to use this Contract will enter into
a separate contract or purchase order ("Separate Contract") with the contractor/vendor. The Separate Contract is
subject to and includes and/or incorporates all applicable terms of this Contract and the specific requirement that the
Awarded Contractor/Vendor comply with the provisions set forth in paragraph below regarding payment of the 2
percent Transaction Fee (or the non -conforming jurisdiction fee) to be collected by the Epylon Corporation. MCOE
will not be a party to any Separate Contract, but will be considered a third party beneficiary of such Separate
Contract.
c) The Awarded Contractor/Vendor understands and agrees that failure or refusal to comply with the provisions set
forth in this agreement regarding payment of the 2 percent Transaction Fee in conjunction with any Separate
Contract or any other use of this Contract by an Other Agency is grounds for cancellation of the Contract. The
Contractor/Vendor also understands and agrees, that if the Contract is cancelled for this or any other reason, MCOE
may give notice of such cancellation by any other means appropriate to inform LEAs of that cancellation.
AEPA IFB 012 Part A Page 35 of 110 Due: October 14, 2011 at 1:30 pm EDT
d) The MCOE waives any right it may have to require any LEA using this Contract to draw its warrants for the
purchase(s) in its favor and consents to each agency making such payment(s) directly to the contractor/vendor.
e) Sales tax and freight/shipping charges included in the Contract apply to the MCOE only. Additional sales tax and
freight/shipping charges may be required on purchases by any LEA and are outside the scope of this Contract, unless
specifically addressed elsewhere in Part A or Part B of the Terms and Conditions.
f) This Contract and any Separate Contract are for the purchase of the items covered by Contract. An LEA may,
however, exercise its authority under Education Code section 17597 or 81645 or other legal authority to sell and
lease back any item owned by, or to be owned by, it pursuant to any Separate Contract. The contractor/vendor agrees
to take any and all actions requested by any LEA that are necessary to effect any such transfer, by way of example
only, accepting payment under the Separate Contract from any third party to whom any such transfer is made.
g) Both the contractor/vendor and any LEA using this Contract agree that the MCOE makes no representation that
use of this Contract by any Other Agency is, in fact, authorized by law. In this regard, the MCOE suggests that, at a
minimum, Contractor/Vendor and any LEA considering such use consult with their own legal counsels before doing
s0.
h) Both the contractor/vendor and any LEA using this Contract agree to defend, indemnify and hold the MCOE, the
Monterey County Superintendent of Schools, and the Monterey County Board of Education and its members, as well
as all of their respective officers, employees and agents, free and harmless from any claims, liabilities, costs,
penalties, or interest arising out of any such use.
i) MCOE reserves the right to cancel the whole or any part of this contract due to failure by the contractor to carry
out any obligation, term or condition of the contract. MCOE will issue written notice to the contractor for acting or
failing to act in any of the following:
a. The vendor fails to adequately perform the services set forth in the contract
b. The vendor fails to make progress in the performance of the contract and/or gives MCOE reason to
believe that the contractor will not or cannot perform to the requirements of the contract
c. The contractor fails to observe any of the terms and conditions of the contract
d. The contract fails to pay Transaction Fees
e. The contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds
as stipulated by the MCOE. MCOE shall follow the following procedure if the contract is to be terminated:
• Step 1 - Issue a warning letter of concern outlining the violations and length of time to correct the
problem(s).
• Step 2 - Issue a letter of intent to cancel contract, if the problem(s) is not resolved by a given date.
• Step 3 -Issue letter to cancel contract. Upon receipt of the written notice of concern, the contractor
shall have ten (10) business days to provide a satisfactory response to MCOE. Failure on the part of
the contractor to address adequately all issues of concern may result in contract cancellation.
2) Other Agencies, Constitutionally Independent Agencies, and Out -of -State Agencies
Other agencies and out-of-state agencies and LEAs may use the contract as allowed by California Government Code
Section 6502, which says, "If authorized by their legislative or other governing bodies, two or more public agencies
by agreement may jointly exercise any power common to the contracting parties, even though one or more of the
contracting agencies may be located outside this state. It shall not be necessary that any power common to the
contracting parties be exercisable by each such contracting party with respect to the geographical area in which such
power is to be jointly exercised. For purposes of this section, two or more public agencies having the power to
conduct agricultural, livestock, industrial, cultural, or other fairs or exhibitions shall be deemed to have common
power with respect to any such fair or exhibition conducted by any one or more of such public agencies or by an
entity created pursuant to a joint powers agreement entered into by such public agencies."
AEPA IFB 012 Part A Page 36 of 110 Due: October 14, 2011 at 1:30 pm EDT
2. Colorado, Colorado BOCES Association (CBA)
A. Additional Agency Terms and Conditions
Advertising: CBA will require a marketing flier, in electronic format, and timely updates from each vendor
promoting the contract and AEPA/CBA relationship. CBA will assist in the development of the marketing flier and
other appropriate materials which will include logos representing the vendor/AEPA/CBA. This flier will be for
distribution and dissemination to all qualified customers through the CBA website and other appropriate and
available methods.
Sales to Qualified Customers: Boards of Cooperative Educational Services (BOCES) in Colorado are legislatively
created cooperative organizations directed by Colorado state statute 22-105 to serve all qualified agencies in a
cooperative manner. BOCES are governed by publicly elected officials and by state and federal laws. No agency is
obligated to use these services and contracts, but they find the benefits of low price and the satisfied bidding process
most advantageous. Qualified agencies in Colorado include all public or private educational institutions, K-12 and
higher education, all non-profit organizations, and all county or local governmental agencies. CBA requires that all
participating vendors offer the Agency contract opportunities to all qualified customers.
A. Procedure for Processing Orders: Once the award is made to the vendor.
• CBA will inform its members of the contract by:
i. Including the contract in the agency database that is available on the CBA website
h. Announcing the award through normal communication channels, CBA member
presentations as well as regular electronic and direct mail communications.
M. Offering the opportunity to the vendor to publish their marketing information on the
CBA website link to cooperative purchasing opportunities.
• A listing of CBA members, institutional names, contact names, addresses and phone numbers is
available to the vendors through the CBA website. At this point the vendor must contact the
members and qualified customers; and the customers have the right to contact the vendors directly.
Note: CBA requires the awarded vendors to take ownership and actively promote the contract in
cooperation with CBA to all members and qualified customers.
• When the customer identifies a desired product or service as available through the AEPA/CBA
contract and agrees on price as presented to the customer by the awarded AEPA/CBA vendor, the
customer then issues to the vendor a purchase order for that item or service.
• The awarded price must include an additional two percent (2%) administrative fee in the total cost
(not as a separate line item), based on the total cost of goods and services including installation.
This fee is to be forwarded by the vendor to CBA after the sale and payment is made to the vendor.
Payment shall be made to CBA on a quarterly basis along with the complete sale report as specified
in the general terms and conditions.
• The sale and transaction may continue without delay or anticipation of the CBA denial of said
transaction.
• The administrative fee percentage (2%) is based on the total sale of goods and services including
installation and must be included in the original cost quoted to the customer. In the event of a lease,
the total administrative fee for the value of goods and services shall be paid to CBA by the vendor at
the front end of the lease.
• Vendor makes all deliveries and installation of products and services. CBA does not warehouse
items nor provide services.
AEPA IFB 012 Part A Page 37 of 110 Due: October 14, 2011 at 1:30 pm EDT
3. Connecticut, Capitol Region Education Council (CREC)
A. ADDITIONAL MEMBER AGENCY TERMS AND CONDITIONS
Applicability of Contract Provisions to Connecticut Participants
The Capitol Region Education Council (CREC) is the AEPA Member Agency. Any entity that uses the contract
awarded by CREC under this document is referred to as a "Participant." The bidder that is awarded the contract by
CREC is referred to as the "Contractor."
Modification to Bid Language in the AEPA Invitation for Bid
The Bidder by submitting its bid hereby declares that this Bid is made without any connection with any other person
or persons making any proposal for the same items, that it is in all respects fair and without collusion or fraud and
that no person acting for or employed by CREC or a Participant is directly or indirectly interested in the proposal or
in the goods or services to which it relates, or in any portion of the profits therefrom.
Modifications and Additions to Contract Language in the AEPA Invitation for Bid
A. Event of default and termination of Contract:
CREC shall have the right to cancel the contract based upon a default by Contractor. A Participant shall have
the right to cancel its purchase arrangement based on a default by the Contractor with regard to such
purchase arrangement. In addition, CREC and each Participant reserves the right to withhold payments for
goods and services that are not in compliance with the terms of the contract or if the Contractor is in default.
Any of the following shall be a default under the contract: 1) The Contractor fails to adequately perform the
services set forth in the contract; 2) Contractor fails to deliver all or any part of the goods, or delivers
defective goods; 3) The Contractor fails to make progress in the performance of the contract and/or does not
deliver within the agreed -upon schedules; 4) The Contractor fails to observe any of the terms and conditions
of the contract, including, without limitation, assigning the contract and/or failing to deliver required
insurance or performance bonds; 5) The Contractor fails to follow the established procedure for purchase
orders, invoices and receipt of funds as stipulated by the Participant; or 6) the Contractor has become
insolvent, makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy or is
J
subject to an involuntary petition in bankruptcy not discharged within thirty (30) days. CREC and each
Participant shall follow the following procedure if the contract or purchase order is to be terminated:
Step 1 — Issue a warning letter of concern outlining the violations and length of time to correct the
problem(s). The length of time to correct the problem shall be determined by CREC or the
Participant, as applicable, in its sole discretion, based on the problem.
Step 2 — Issue a letter of intent to cancel the contract or purchase order, if the problem(s) is not
resolved by the given date.
Step 3 — Issue the letter to cancel contract or purchase order.
Upon receipt of the written notice of concern, the Contractor shall have ten (10) business days to provide a
satisfactory response to CREC and the Participant that provided the notices. Failure on the part of the
Contractor to address adequately all issues or concerns may result in contract cancellation.
The remedy to terminate and withhold payments is in addition to any other remedies CREC and the
Participants may have. In the event of Contract termination by a Participant, such Participant's payment
obligation shall cease as of the final date on which services in accordance with this Contract are last
AEPA IFB 012 Part A Page 38 of 110 Due: October 14, 2011 at 1:30 pm EDT
performed by the Contractor. Upon termination of this Contract under this section, the Contractor (and its
surety) will be responsible for all of such Participant's expenses, losses and damages incurred in replacing
Contractor for the remainder of the term of the Contract.
B. Assignment:
Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of its/his/her
contractual duties to any other person, firm, or corporation, without the previous written consent of CREC
and any Participant that has an outstanding open purchase order or financing arrangement. If the Contractor
wants to assign its/his/her right to payment of the Contract, Contractor shall notify CREC and any
Participant that has an outstanding open purchase order or financing arrangement immediately, in writing, of
such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor
from its/his/her obligations or change the terms of the Contract.
C. Indemnification:
C. Contractor shall indemnify, defend, keep and save harmless CREC, each Participant and its respective
agents, officials, employees and volunteers (each an "Indemnified Party') against claims of injuries, death,
damage to property, patent claims, suits, liabilities, judgments, cost and expenses (including attorneys' fees)
which result front, arise out of, or in connection with the performance, or breach of performance, under the
Contract of Contractor and any of its/his/her employees, agents or personnel. The Contractor shall, at
its/his/her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses
arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the
Indemnified Party in any such action, the Contractor shall, at its/his/her own expense, satisfy and discharge
the same. Contractor expressly understands and agrees that any performance bond or insurance protection
required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Indemnified Party as herein provided.
D. Participant Policies:
The Contractor must be familiar with a Participant's policies or regulations which affect the services
provided under this Contract and that have been or will be distributed during the term of this Contract.
Policies and regulations include but are not limited to school district or organization policies, town policies,
charters, and ordinances.
As each municipality, board of education, governmental agency, educational institution, and non-profit
organization in the State of Connecticut may have or may be required to have, individual policies and
procedures for the procurement of goods and services; and as one of the aforementioned institutions/agencies
may be dependent upon the policies/procedures of another institution or agency, it is required for the
Contractor to be familiar with the policies of the Participant that impact the purchase. In limited situations,
there may be State statutes which govern the allowability of purchases to be reimbursed by State funding.
The Participant should obtain its own legal advice on these statutes prior to purchasing under a contract.
E. Performance Bonds:
Each Participant may require a performance bond in the case of services to be performed under the Contract
if required. The Contractor shall furnish to the Participant a Surety Performance Bond ("Performance
Bond") with an option to renew each succeeding year of the Contract in a form satisfactory to the Participant
assuring the faithful performance of the Contract. The Bond shall be equal to one hundred percent (100%)
of each year's estimated Contract price as reviewed and agreed upon by the Participant, and shall be
continued for the life of the Contract in amounts equal to one hundred percent (100%) of each year's
estimated Contract price as reviewed and agreed upon by the Participant. The Contractor must send such
Performance Bond to the Participant prior to the commencement of any services under the Contract. Each
such Performance Bond shall be furnished by a surety company acceptable to the Participant and licensed or
AEPA IFB 012 Part A Page 39 of 110 Due: October 14, 2011 at 1:30 pm EDT
authorized to do business in Connecticut and New England. Failure to deliver the bond shall be considered a
default under the Contract, at the discretion of and upon notice by the Participant.
F. Governing law:
This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of
Connecticut without regard to its conflicts of laws principles.
Conflict of Interest
The Contractor shall disclose any relationship with a CREC employee that would not be considered an "arms -length"
or independent transaction, as described below. This disclosure must be made in writing to CREC for an
evaluation. CREC will respond to this disclosure in writing.
A CREC employee (including: independent contractors for purposes of this definition) placing an order or
recommending a vendor must disclose any relationship with that vendor which would not be considered an "arms -
length" or independent transaction. This disclosure must be made in writing to CREC for an evaluation. CREC will
respond to this disclosure in writing.
For a transaction to be considered "arms -length" or "independent", a CREC employee should not be influenced,
dependent upon, guided or controlled by a vendor into choosing that vendor, or item to purchase; nor should it
appear to a third party that a CREC employee made a purchasing decision which appears to be based upon a personal
relationship between the CREC employee and vendor.
The following are examples when a transaction is NOT considered arms -length or independent: (1) when there
exists a personal relationship between a CREC employee and a vendor, (2) when there exists the potential for a
personal benefit to a CREC employee, or (3) the parties to a business deal are dependent upon one another for
"something" other than the purchase itself.
In addition, the Contractor shall, if given a copy of the potential Participant's conflict of interest policy, follow the
process in that policy, or otherwise disclose to a potential Participant any relationship that would not be considered
an "arms -length" or independent transaction with that Participant, as described above. This disclosure must be made
in writing to the chief official (for example, the Superintendent at a board of education) at the potential Participant.
Determination of the existence of a conflict of interest does not prohibit CREC and/or a Participant from entering
into the contract and purchase order, respectively.
Financing Arrangements
Any financing arrangements (including lease purchasing arrangements) will be made directly between the Contractor
and a Participant. Financing arrangements may be subject to additional laws, rules and regulations, terms and
conditions not described in this document and are subject to separate negotiation with each Participant that is
interested in such an arrangement. Each Participant should seek its own legal advice prior to entering into a
financing arrangement. CREC must receive a report annually summarizing the executed lease purchases along with
the summary of the customer purchases. CREC will not collect lease payments or be involved in the terms and
conditions of the lease. All lease arrangements are between the Contractor and the Participant only.
Affirmative Action
The Contractor must have an employment policy that there shall be no discrimination against anyone on the grounds
of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, physical
disability or sexual orientation in the hiring, upgrading, demotions, recruitment, termination and selections for
AEPA IFB 012 Part A Page 40 of 110 Due: October 14, 2011 at 1:30 pm EDT
training, in any manner
prohibited
by the laws
of the United States or of the State of Connecticut. The Contractor
further
agrees to
be an "affirmative
action -equal
opportunity employer."
Independent Contractor
The Contractor shall not be held or deemed in any way to be the agent or employee of CREC and/or a Participant. It
is the intention of the parties that,the Contractor shall be and is to be considered an independent contractor.
Incorporation of Bid Documents
The bid documents, including all appendices executed by Contractor that have been accepted by CREC (the "Bid")
are specifically incorporated into this Contract.
Freedom of Information Act
The Contractor acknowledges that CREC and some Participants are subject to the Freedom of Information Act,
Connecticut General Statutes Sections 1-200 et seq., and submitted to CREC and/or such Participants" may be made
available to the public under the provisions of the Freedom of Information Act.
Marketing and Advertising under this Contract — applicable to Member Agency (CREC) contract only:
A. Contractor agrees to provide CREC with a copy or proof sheet of all advertisements, customer
communications or promotional material for approval. Contractor will provide CREC with date of release
and name of publication, j ournal, etc. if applicable.
B. Contractor will include the approved CREC and/or CT RESC Alliance logo, web address, and contact
information in all print, electronic mail and other advertising and promotion intended for release in
Connecticut.
C. The CREC and/or CT RESC Alliance logo and associated information shall be of a clearly readable size and
in appropriate proportion to other elements in the print material.
D. Contractor agrees to make available CREC supplied brochures or other promotional materials on, booths,
tables, etc. of any or all exhibits for which the Contractor displays/participates at tradeshows, conventions
and the like. Contractor will supply scheduled exhibit dates in advance.
E. Contractor agrees to insert the approved CREC logo, web address, and contact information on the
Contractor's web site promoting and providing a link to the CREC web site. Contractor will also provide
CREC with text, links and logos to be posted on the CREC website.
B. ADDITIONAL MEMBER AGENCY TERMS AND CONDITIONS FOR NON -CONSTRUCTION
PRODUCTS AND SERVICES
C. ADDITIONAL MEMBER AGENCY TERMS AND CONDITIONS FOR CONSTRUCTION PRODUCTS
AND SERVICES
None
D. PROCEDURES FOR PROCESSING ORDERS — applicable to Member Agency (CREQ contract only
AEPA IFB 012 Part A Page 41 of 110 Due: October 14, 2011 at 1:30 pm EDT
A. Once the award is made to the Contractor, CREC will inform the potential Participants of the Contract
through a webpage dedicated to the contract on the CREC website. At this point the Contractor may directly
contact any potential Participant and any potential Connecticut Participant may directly contact the
Contractor.
B. Purchase orders will not be accepted or processed by CREC. All business will be contracted directly with
the Participant, which will issue a purchase order and provide payment for the applicable good or service
directly to the Contractor.
C. To the extent not otherwise described in this document, once a purchase order is issued by a Participant to a
Contractor, all of the provisions of the contract shall benefit and be enforceable by such Participant, unless
specifically identified as applying to CREC only.
D. The total cost of CREC's program is funded through a 2.0% participation fee paid to CREC quarterly by the
participating Contractors. The administrative fee percentage is based upon the total sale or lease of goods
and services, including installation, if included. This fee shall be included in all price quotations to
Participants and shall not be printed as a line item on the quotation.
E. Along with the participation fee, the Contractor will produce and provide to CREC quarterly reports
throughout the contract period using the standard format required by AEPA.
F. Quarterly reports and administrative fee payments are to be made payable to CREC and sent to Capitol
Region Education Council, Attn: Cara Hart, 11' 1 Charter Oak Avenue, Hartford, CT 06106 or such other
address that CREC will provide from time to time.
G. If no purchases are made in any given quarter, the Contractor shall remit a "No Activities" statement to
CREC for that quarter. The Contractor will also produce and provide to CREC an annual summary report for
all purchases made under each contract awarded by CREC pursuant to this document for a period beginning
with the award of the contract and ending February 28 and all consecutive annual periods, if the contract is
extended.
E. AGENCIES ALLOWED TO PURCHASE UNDER THE MEMBER AGENCY
There are 169 school districts in Connecticut and all are eligible for membership. No district is obligated to use these
services. Additional members may include other public educational institutions, public colleges or universities,
community colleges, vocational or technical schools, municipal governments, and other governmental, quasi -
governmental, or non-profit organizations.
Work in Other States
CREC is making the CT AEPA contract available for vendors to use in all 6 New England states — CT, MA, ME,
NH, RI, and VT. Sales made in any of these states using the AEPA contract are to be reported to CREC, with
the 2.0% administrative fee made payable to CREC. The Contractor must advise CREC its intent to use the
contract in any of these states so that we may inform the AEPA board.
All Terms and Conditions for Connecticut apply to work in these states. It is the Contractor's obligation to
ensure that the purchaser fully understands the AEPA contract, including whether it is allowable under
applicable state regulations.
AEPA IFB 012 Part A Page 42 of 110 Due: October 14, 2011 at 1:30 pm EDT
4. Florida, Panhandle Area Education Consortium
A. Additional Agency Terms and Conditions
Vendor Contact: Vendor will designate to the Panhandle Area Educational. Consortium (PAEC), one individual who
will represent them during the agreement period. This contact person will correspond with each ordering member for
technical assistance, problems, or questions that may arise, including instructions if different contacts for different
geographical areas are needed. This information will be distributed to all school districts upon award of this bid.
Vendor agrees to abide by all federal, state and local laws and regulations. It is the responsibility of the Vendor to
determine applicability and requirements of any such laws and to abide by them.
B. Procedures For Processing Orders
Once the award is made to the Vendor, PAEC will inform all school districts of the contract by:
1. Including the award information on the PAEC Web site at ww,,N-. aec.or clearinghouse
2. Announcing the award in its PAEC Horizon and FEC newsletters
3. Announcing the award via electronic mail to all members
Any members, contact names, addresses and phone numbers will be available at the PAEC Web site www.paec.org.
At this point, the Vendor may contact the members and the members may contact the Vendor.
The member will identify a desired product or service available through the AEPA contract and agrees on the price
and conditions as presented to the member by the awarded AEPA Vendor. The member then issues to the Vendor a
purchase order for that item or service. PAEC must also receive a copy of this purchase order by fax or email.
The purchase order must include an additional (2%) administrative fee built into the total invoiced cost, based on the
total costs of good, services and installation.
A final copy of the customer purchase order or sales summary must be sent to PAEC by the Vendor after completion
of the service or installation. The Vendor has (30) thirty days to forward this purchase order. This will insure
compliance of the contract.
Vendor makes all deliveries and installations of products and services. PAEC does not warehouse items.
All participating Vendors agree to and are subject to audit proceedings of the AEPA sales to members.
The Vendors price will include a (2%) administrative fee that the Vendor shall collect from the member and remit to
PAEC on a quarterly basis. The Vendor will produce and provide to PAEC quarterly reports ending March 31, June
30, September 30 and December 31 throughout the contract period. The reports shall identify the Vendor and the
quarter being reported, shall include a minimum of the fields listed below:
1. Date of Order
2. School district
3. List or academic price sales totals
4. PAEC price sales totals
5. Member savings total
Quarterly reports and administrative fee payments to PAEC are due the 15t' of the succeeding month, and all checks
are to be made payable to the Panhandle Area Educational Consortium and sent to: PAEC, 753 West Blvd, Chipley,
Florida 32428 and Attention: Finance Department. PAEC may designate another agent for collecting and
administrative fee that will be negotiated with Vendor for e-commerce transactions.
C. Agency Members Purchasing Under The Member Agency
The Panhandle Area Educational Consortium is a fourteen member consortium that includes a voluntary purchasing
program developed for schools in Florida. PAEC was established to provide easily accessible information for our
member and participating public school districts and the communities we serve. Since the creation of PAEC in 1967,
our school districts have benefitted from shared services made available through leading edge technology: While
AEPA IFB 012 Part A Page 43 of 110 Due: October 14, 2011 at 1:30 pm EDT
school districts access our teaching and learning, training and technology, and business operations services in
varying degrees of need, all come for the mutually beneficial purpose of reaching their goals... together.
Vendor will also submit an annual sales report identifying all member purchases.
AEPA IFB 012 Part A Page 44 of 110 Due: October 14, 2011 at 1:30 pm EDT
5. Indiana, Wilson Educational Service Centers (WESC
A. B. C. Additional Agency Terms and Conditions
Participating entities and approved vendors must be in full compliance with statutory requirements for all applicable
federal, state, and local laws, rules, regulations, and ordinances including applicable public works and prevailing
wage projects. All provisions required thereby to be included herein and are hereby incorporated for reference. This
contract shall be construed in accordance with and governed by the laws of the State of Indiana.
D. Procedure for Processing Orders
Wilson Education Center will inform all public school corporations, private/parochial schools, charter schools, non
profit entities, municipalities, other governmental entities and higher education entities of contract awards via web
sites and various marketing strategies. Vendors will have the primary responsibility to market contracts to eligible
buyers within Indiana. After contracts are- awarded and product information is available on our e-procurement sites
vendors are free to contact eligible buyers and vice versa.
The Wilson Education Center utilizes an e-procurement facilitation system as the only mechanism for ordering and
the primary method of marketing. Bidders are required to use the IAESC Procurement and GovPro systems ,upon
award. A 2.2% administrative fee will be assessed on Gross monthly sales for IAESC Procurement (used by schools)
and a 3.2% administrative fee will be assessed on Gross monthly sales on GovPro (all other entities) after a 1 % price
increase. Acceptance of a purchase order not transmitted electronically will constitute grounds for termination of bid
award. Bidders shall not include Shipping and Handling Charges, Federal Excise Tax, or State Sales Tax on invoices.
Taxes do not apply to purchases by the participating entities. All participating entities have a "Not for Profit Tax
Exemption Certificate" which will be furnished by the buyer upon request by the vendor. Quantities shipped in
excess of quantities designated in the Purchase Order, or unapproved product substitutions will be returned at the
vendor's expense. Each participating entity shall submit properly prepared purchase orders electronically which shall
be in strict accordance with the bid award and shall be binding upon the entity. All items shall be shipped to the
address indicated on the purchase order. All invoices shall be directed to the specific entity at the address indicated
on the purchase order.
E. Members Purchasing Under the Agency
All public school corporations, private/parochial schools, charter schools, non profit entities, municipalities, other
governmental entities and higher education entities are eligible buyers.
The Wilson Education Center as established by Indiana Code 20-1-11.3-1 with Inter -local Agreement Powers as
established by Indiana Code 36-1-7-2 represents all eligible buyers in this program within Indiana.
AEPA IFB 012 Part A Page 45 of 110 Due: October 14, 2011 at 1:30 pm EDT
6. Iowa, Iowa Educators Consortium (IEC)
A. Additional Member Agency General Terms and Conditions that apply for all categories
None.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services
None.
C. Additional Member Agency Terms and Conditions for Construction Products and Services The IEC will not
participate in any Construction Products and Services bids through AEPA, due to the limitations mandated in the
Iowa Code, Chapter 26 and 573.
D. Procedure for Processing Orders 8
Once the award is made to the Contractor, they will designate to the Iowa Educators Consortium (IEC) one
individual who will represent the Contractor to the IEC eligible clients during the agreement period. This contact
person will correspond with each ordering eligible client for technical assistance, problems or questions that may
arise. Include instructions if different contacts for different geographical areas are needed.
Next, the IEC will inform their eligible clients of the contract by:
1. Including the award information on the IEC Web site at www.iec-ia.oTg.
2. Announcing the award in its periodic newsletters.
3. Publishing the award information in catalogs disseminated to all members.
4. Announcing the award via electronic mail to all members.
5. Attending trade shows and distributing award information.
A list of eligible clients, contact names, addresses and phone numbers are available at the IEC Web site: www.iec-
ia.org. At this point, the Contractor must contact the eligible clients and the eligible clients may contact the
Contractor.
The member will identify a desired product or service available through the AEPA contract and agrees on the price
and conditions as presented to the member by the awarded Contractor. All participating Contractors agree to and are
subject to audit proceedings of the AEPA sales to members. Contractors make all deliveries and installations of
products and services. The IEC does not warehouse items.
The Contractors price will include a (2%) administrative fee that the Contractor will collect from the member and
remit to the IEC on a quarterly basis. The Contractor will produce and provide to IEC quarterly reports ending March
31, June 30, September 30 and December 31 throughout the contract period. The reports shall be in Microsoft Excel
format and be available in electronic form, shall identify the Contractor and the quarter being reported, shall include
a minimum of the fields listed below and shall allow for sorting ,on any of these fields:
1. Date of order.
2. School district.
3. List or academic price sales totals.
4. IEC/AEPA price sales totals.
5. Member savings totals.
Quarterly reports and administrative fee payments to the IEC are due the 15'hof the succeeding month, and all checks
are to be made payable to the IEC and sent to: Iowa Educators Consortium, 3712 Cedar Heights Drive, Cedar Falls,
IA 50613-6290, and Attention: IEC Director. The IEC may designate another agent for collecting an administrative
fee that will be negotiated with Contractor for e-commerce transactions.
E. Agencies Allowed to Purchase under the Member Agency
The IEC is a statewide consortium that includes a voluntary purchasing program developed for schools in Iowa
served by Area Education Agencies (AEAs). Iowa's AEAs were established in the spring of 1974 through enabling
state legislation to provide effective and efficient educational services to the public school districts and approved
nonpublic schools in the state and to families of children from birth to age 5 with disabilities. Since then, the AEAs
AEPA IFB 012 Part A Page 46 of 110 Due: October 14, 2011 at 1:30 pm EDT
have also been given the responsibility to lead Iowa School Improvement efforts. Iowa has 370 public school
districts and 205 private school buildings. The IEC also serves colleges, universities, city, county, educational
agencies, public and private non-profit governmental entities. The IEC serves schools in the following contiguous
states: Illinois and South Dakota.
AEPA IFB 012 Part A Page 47 of 110 Due: October 14, 2011 at 1:30 pm EDT
7. Kansas, Southeast Kansas Educational Services Cooperative— Greenbush (SEKESC)
A. Additional Member Agency Genera[ Terms and Conditions that applyy %r all categories
SEKESC has no additional general terms and conditions that apply for all categories.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services
SEKESC has no additional terms and conditions for non -construction products and services.
C. Additional Member Agency Terms and Conditions for Construction Products and Services
It is further agreed that the provisions of K.S.A. 44-1030 (1) to (5), both inclusive, and as shown
below, shall be applicable to this contract, except as to those contractors, vendors or suppliers whose cumulative
dollar total in any fiscal year is $5,000 or less or have fewer than four employees.
1. The contractor shall observe the 8provisions of the Kansas act against discrimination and shall not
discriminate against any person in the performance of work under the present contract because of race,
religion, color, sex, national origin or ancestry.
2. In all solicitations or advertisements for employees, the contractor shall include the phrase, "equal
opportunity employer", or a similar phrase to be approved by the commission.
3. If the contractor fails to comply with the manner in which he reports to the commission in accordance with
the provisions of section 15 (44-103 1) of this act, the contractor shall be deemed to have breached the
present contract and it may be cancelled, terminated or suspended, in whole or part, by the contracting
agency.
4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or
order of the commission which has become final, the contractor shall be deemed to have breached the
present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting
agency.
5. The contractor shall include the provisions of sub -sections (1) through (5) inclusively of the present section
in every sub -contract or purchase order so that such provisions will be binding upon such subcontractor or
vendor.
6. Any purchase order issued by SEKESC, or one of its District's, is cancelable under provisions of K.S.A. 10-
1113. All purchase orders shall be issued by the Kansas school district desiring to acquire the products or
services under the bid. Said purchase order shall include adequate reference to identify the bid to which it
relates.
. D. Procedure for Processing orders
The SEKESC develops all specifications for bids and proposals. After solicitation according to state law, awards are
made to selected vendors. Members may then purchase from the list of approved vendors. To make a purchase,
members prepare a purchase order directly to the vendor, the purchase order is submitted to the vendor as well as a
copy mailed, e-mailed, or faxed to the SEKESC. The SEKESC will review the purchase order and will provide
additional quality assurance to the procurement. If the purchase order is in need of modification, SEKESC will notify
the district and the vendor of necessary corrections. The supplier provides the product, material, or service to the
member and invoices the member. The member makes payment directly to the supplier. The vendor shall add a 2%
administrative fee to the bid price. The administrative fee shall be invoiced as part of the overall invoice to the
district. The vendor shall report gross sales quarterly to SEKESC and submit the 2% administrative fees to the
SEKESC on a
frequency of not less than quarterly.
E. Agencies Allowed to Purchase under the Member Agency
The structure of the SEKESC permits all school districts, interlocals and other qualified agencies to
AEPA IFB 012 Part A Page 48 of 110 Due: October 14, 2011 at 1:30 pm EDT
participate in awarded contracts under the AEPA bidding process. Virtually all public school districts in the state of
Kansas can legally purchase through the SEKESC. Qualified agencies include all public educational institutions to
include, universities, community colleges, and technical colleges, state, private and parochial schools, and charter
schools. By mutual agreement with vendor and SEKESC, all awarded Kansas contracts are eligible to be offered to
all cities, counties, governmental agencies and nonprofit organizations. Occasionally purchases are made from school
districts and other non-profit institutions in adjoining states when the purchase is not available through their service
agencies. Contracts available to such adjoining state agencies are available upon mutual agreement of vendor and
SEKESC. No agency is obligated to use these services and/or contracts, but they will find the benefits of low price
advantageous.
AEPA IFB 012 Part A Page 49 of 110 Due: October 14, 2011 at 1:30 pm EDT
8. Kentucky, Green River Regional Educational Cooperative (GRREC)
A. Additional Member Agency General Terms and Conditions that apply, or all categories
The Green River Regional Educational Cooperative, Inc. (GRREC) is one of eight educational
cooperatives in Kentucky, all of which are participants in the AEPA bids. By mutual agreement among the eight
agencies, GRREC serves as contact agency for all AEPA correspondence. For the Kentucky Educational
Cooperatives, the collective bidding process is conducted consistent with KRS Chapter 45A, the Kentucky Model
Procurement Code. Contracts with. GRREC shall include the provision granting GRREC employees the right to
access to the Contractor's records.
Vendor Contact: Vendor will designate to GRREC one individual who will represent them to Kentucky Bidding
Cooperative members during the agreement period. This contact person will correspond with each ordering member
for technical assistance, problems, or questions that may arise. Include instructions if different contacts for different
geographical areas are needed; this information will be distributed to Kentucky Bidding Cooperative members upon
award of this bid.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services
C. Additional Member Agency Terms and Conditions for Construction Products and Services
The Contractor and subcontractors shall pay all laborers, workmen and mechanics performing work under this contract
not less than the rate of wages set forth in the prevailing wage schedule incorporated in the contract conditions as
determined by the Kentucky Department of Labor in accordance with the provisions of KRS 337.505 through KRS
337.550.
Bidders are informed that construction contracts of the Commonwealth of Kentucky and political subdivisions are
not exempt from the provisions of the Kentucky Sales and/or Use Tax. Current sales and/or Use Tax shall be
provided for and included in the bid amount as no adjustments will be permitted nor made after receipt of bids.
D. Procedure for Processing Orders
Once the award is made to the Contractor/vendor, GRREC and Kentucky's other cooperatives will inform their
members (school districts and other entities) of the contract by: 1) including the contract in the Current Bids section
on their websites and 2) publishing the contract information in catalogs disseminated to all members. A list of
members, contact names, addresses and phone numbers is made available to the Contractor. At this point the
Contractor/vendor contacts the members and members may contact the Contractor/vendor. When the member
identifies a product or service, it will issue a purchase order for that item to the vendor. The vendor's price will
include a two percent (2%) administrative fee that the vendor will collect from the member and remit to GRREC on a
quarterly basis. Municipal and county governments, and other governmental, quasi -governmental, or non-profit
organization price will reflect a two percent (2%) administrative fee. On the occasion that an AEPA contract awarded
by Kentucky is
utilized by public school and public non -school entities in other states, purchases in these instances will also reflect a
two percent (2%) administrative fee. The vendor will also compile and provide to GRREC a quarterly report showing
all purchases made by Kentucky members (with specific detail as to what purchases were made by which members)
under this contract. Further, if no purchases are made in any given quarter, the Vendor shall remit a "No Activities"
statement to GRREC for that quarter. The vendor will also produce and provide to GRREC an annual summary
report for all purchases made under this contract for a period of beginning with the award of the contract through
December 31 st and all consecutive annual periods if contract is extended. The vendor will make all administrative
fee payments to the GRREC by the 15th of the month following the end of the quarter (i. e. April 15th, July 15th,
October 15th and January 15th). All checks are to be made payable to GRREC and sent to GRREC, 230 Technology
Way, Bowling Green, KY 42101 and Attention: Bids Coordinator. GRREC may designate another agent for
collecting an administrative fee that will be negotiated with vendor for e-commerce
transaction. GRREC will share information from the quarterly and annual reports and distribute the administrative
fee among the other KY Educational Cooperatives according to membership.
E. Members Purchasing under the Agency
Currently there are 8 Bidding Cooperatives in Kentucky and all are participating in this invitation through GRREC's
solicitation. There are 176 independent and county school districts and all are eligible for membership in a Bidding
Cooperative and approximately 94% of the districts are members of one of the cooperatives. No district is obligated
AEPA IFB 012 Part A Page 50 of 110 Due: October 14, 2011 at 1:30 pm EDT
11
to use these services. Additional members may include other public educational institutions in the state, public
colleges or universities, community colleges, vocational or technical schools, municipal and county governments,
and other governmental, quasi -governmental, or non-profit organizations. Only those districts or institutions listed on
an approved Bidding Cooperative membership list are eligible to purchase under these contracts. This list may
change during the contract period.
AEPA IFB 012 Part A Page 51 of 110 Due: October 14, 2011 at 1:30 pm EDT
9. Massachusetts, The Education Cooperative
A. Additional Member Agency General Terms and Conditions that apply for all categories:
All Contractors and Vendors shall comply with MGL Chapter 30B including:
Signing a non collusion statement as required by MGL 30B s. 10;
Signing a tax compliance certificate as provided in MGL Ch. 62C s 49A.
All Contractors and Vendors will produce and provide to TEC at PO Box 186, Dedham, MA quarterly reports of
all sales to Massachusetts Participants. The quarterly reports together with the administrative fee shall be sent to
TEC with 15 days after the close of each quarter.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services:
All Contractors and Vendors shall comply with MGL Chapter 30B.
C. Additional Member Agency Terms and Conditions for Construction Products and Services
All construction contracts shall be subject to the provisions of M.G.L. Ch. 149A.
D. Procedure for Processing Orders
1. Once an award is made to a Contractor/Vendor, TEC will inform the Participants of the contract. At this
point, the Contractor/Vendor may directly contact any Participant and any Participant may directly contact the
Vendor.
2. Purchase orders will not be accepted or processed by TEC. All business will be contracted directly by
Participant, which will issue a purchase order and provide payment for the applicable good or service directly to
the Contractor /Vendor.
3. To the extent not otherwise described in this document, once a purchase order is issued by a Participant to a
Vendor, all of the provisions of the contract shall benefit and be enforceable by such Participant, unless
specifically identified as applying to TEC only.
4. The total cost of TEC's program is funded through the administrative fee paid to TEC quarterly by the
participating Contractors/Vendors. The administrative fee is based upon the total sale or lease of goods and
services, including installation, if included, This fee shall be included in all price quotations to Participants and
shall not be printed as a line item on the quotation.
E. Agencies Allowed to Purchase under the Member Agency
Any school district, municipality or non-profit tax exempt entity with a principal place of business in
Massachusetts which sign the Participation Agreement attached hereto shall be entitled to participate.
AEPA IFB 012 Part A Page 52 of 110 Due: October 14, 2011 at 1:30 pm EDT
10. Michigan, Oakland Schools, (OS)
A. Additional Member Agency General Terms and Conditions that apply for all categories:
1. Advertising
OS will require a marketing flier, brochure, or other similar marketing vehicle, in electronic format, from
each Contractor promoting the available contract with the Contractor, and/or a web page or link. OS may
assist in the development of the marketing flier and material (if requested by Contractor), but in all cases
shall have authority to review and approve any marketing materials. If a web site is used, the link will be
made available from the .OS web page. Any web page or link, or other marketing tool shall be dedicated to
AEPA information only.
2. Pricing
OS requires that Contractors must offer prices lower than what they would offer on any single school district
contract in Michigan; on other cooperative purchasing contracts available to Michigan public educational
institutions, colleges and/or universities, County Government offices, cities, townships, and villages; or State of
Michigan purchasing contracts.
3. Conflict of Interest
Contractor shall disclose in writing to Buyer any conflicts of interest with Board members, administrators, and or
employees of any Participating Entity (as defined below). A conflict of interest may include, but is not limited to,
a financial ownership interest in, or employment with Contractor or Subcontractor by an Participating Entity'
Board member, administrator, or employee or their family member. A "family member" means a person's spouse
or spouse's sibling or child; a person's sibling or sibling's spouse or child; a person's child or child's spouse; or a
person's parent or parent's spouse, and includes these relationships as created by adoption or marriage.
Determination of the existence of a conflict of interest does not prohibit the Participating Entity from entering
into a contract with the Contractor (MCL 380.634; MCL 15.322 et seq).
4. Termination of Buyer's Purchase Order
Default is defined as the failure of a Contractor to fulfill the contract, including but not limited to, not
honoring bid prices, failure to deliver on time, or the unauthorized substitution of items or failure to comply
with any or all of the specifications and/or terms and conditions contained in this solicitation or the
contract/purchase order of a Participating Entity. Should the Contractor fail to satisfactory resolve the
default, the contract/purchase order may be terminated with thirty (30) days written notice. In that event, the
Contractor shall be held liable to the Participating Entity for all costs and expenses incurred by the
Participating Entity arising out of said default. Notwithstanding the foregoing, each Participating Entity may
terminate their contract/purchase order, with or without cause, or discontinue purchasing from the Contractor
at any time.
5. Brand Names
Whenever any supplies, material or equipment are specified in this solicitation by patent or proprietary name
or by the name of the manufacturer, unless stated differently, such specification shall be considered as if
followed by the words "or acceptable equal," whether or not such words appear.
6. Quality f Goods
Bidder shall only bid new (not used or refurbished) items only. Seller warrants that all supplies, materials
and equipment and services covered by a contract/purchase order with an Participating Entity will: (a)
conform. to the specifications, drawings, written instructions, samples, or descriptions; (b) be of good quality
and workmanship; (c) be free of defects in design, materials and workmanship; (d) be merchantable; (e) be
fit for particular purposes applicable to the design, function or use of the supplies, materials and equipment.
7. Taxes
AEPA IFB 012 Part A Page 53 of 110 Due: October 14, 2011 at 1:30 pm EDT
The Participating Entities are exempt from State Sales Taxes and such taxes shall not be included in any
solicitation prices. Exemption certificates will be provided upon request.
8. Shipping Costs
Prices for all supplies, materials and equipment MUST
charges to the ordering destination ("FOB Destination").
9. Delivery
include total freight, insurance and delivery
Delivery must be made as instructed on the contract/purchase order with the Participating Entity. All services
must be delivered as specified by the Participating Entity.
10. Hazardous Materials
If any hazardous chemicals are supplied under a contract/purchase order arising out of this solicitation, a
Material Safety Data Sheet (MSDS) shall accompany the delivery of any hazardous chemicals supplied by
the Contractor. All MSDS sheets shall be sent to the attention of the Participating Entity. Ref: State of
Michigan Act 154, Section 14, P.A. 1974 as amended. Copies of MSDS for all purchased hazardous
materials must be provided prior to delivery of any items_ by the Contractor. Additionally, the MSDS needs
to be attached to the invoice and all products delivered must be labeled according to -Section 14 of Act 154,
of the public Acts of 1974, as amended. Any appropriate products not labeled will be refused and the
Contractor will be responsible for additional freight charges. Payment may be withheld until the
Participating Entity receives the MSDS.
11. Acceptance
Inspection and acceptance of supplies, materials and/or equipment will be made after delivery at destinations
specified on the contract/purchase order with the Participating Entity, unless otherwise stated. Final
inspection shall be acceptance except in regard to latent defects, fraud or such gross mistakes as to amount to
fraud. Final inspection and acceptance or rejection of the supplies, materials and/or equipment will be made
as promptly as practicable, but failure to inspect and accept or reject supplies, materials and/or equipment
shall not impose liability on the Participating Entity for such supplies, materials and/or equipment that are
not in accordance with the specifications of this solicitation or the contract/purchase order of the
Participating Entity.
12. Modifications to Contracts
No modifications to a contract/purchase order with a Participating Entity shall be binding upon such
Participating Entity unless agreed to in writing signed by an authorized representative of the Participating
Entity.
13. Indemnification
Contractor agrees to indemnify, defend and hold harmless the OS, each Participating Entity and each Other
Agency, including their Board of Educations or governing body, in their official and individual capacities,
employees, agents, successors and assignees, from and against any and all costs, expenses, damages, and
liabilities, including reasonable attorney's fees, arising out of the: (i) negligent act or omission or willful
misconduct of the Contractor, its officers, directors, employees, successors, assignees, Contractors and
agents; (ii) any breach of the terms of the contract between the Participating Entity and the Contractor; or
(iii) any breach of any representation or warranty by Contractor under the contract with a Participating Entity
or this solicitation.
14. Anti -discrimination
The Contractor hereby agrees to comply with all federal, state and municipal equal opportunity and
antidiscrimination guidelines and regulations, and covenants that the Contractor will not discriminate against
an employee or applicant for employment with respect to hire, tenure terms, conditions or privileges of
employment, or in a manner directly or indirectly related to employment, because of race, color, religion,
AEPA IFB 012 Part A Page 54 of 110 Due: October 14, 2011 at 1:30 pm EDT
national origin, age, sex, height, marital status or disability. Failure on the part of the Contractor to comply
with said guidelines and regulations shall, upon reasonable notice, constitute grounds for a Participating
Entity to revoke and otherwise terminate the contract and all obligations of the Participating Entity
hereunder.
15. Local Contract Terms and Conditions
For procurements of supplies, materials, equipment and/or services resulting from this solicitation, it is
clearly understood and agreed to by the Contractor that any clause, term, or condition not addressed in this
solicitation, but required by a Participating Entity, shall be adhered to by said Contractor.
16..Governing aw
Any contract arising out of this solicitation shall be governed by and construed under the laws of the State of
Michigan. In the event of any legal action to enforce or interpret any contract arising out of this solicitation,
the sole and exclusive venue shall be the state or federal court of the local jurisdiction where the
Participating Entities located.
17. School Safety Initiative Legislation — K-12 Education Only
Depending on the type of service provided, the Contractor and all its employees and agents etc. that are
assigned to work "regularly and continuously" in any school building and/or on school property under a
contract may be required to undergo fingerprinting and criminal background investigations (see MCL
380.1230; 380.1230a; 380.1230c; 380.1230d; and 380.1230g). Contractors subject to this legislation shall be
required to submit all required individuals for said fingerprinting and criminal background investigations as
directed by the Participating Entity, at the sole cost and expense of the Contractor, have the results sent to the
respective Participating Entity in which the services will be performed, and provide all information required
by the State of Michigan to include those individuals in the appropriate State of Michigan education
personnel databases. Addition details should be provided by said Participating Entity concerning their
respective local procedures.
B. Additional Member Agency Terms and Conditions for Non -Construction Products and Services:
Special Bid Requirements for Supplies, Materials and Equipment::All supplies, materials, and equipment sold or
leased to Michigan intermediate school districts or K-12 public school districts must be in accordance with MCL
380.623a and 3 80.1274, respectively. The procurement of supplies, materials and/or equipment in a single
transaction costing more than the State of Michigan Competitive Bidding threshold set forth in MCL 380.623a and
380.1274 by an intermediate school districts or K-12 public school districts requires the district to obtain
competitive bids and the purchase must be approved by the district's Board of Education.
Participating Entities, other than from K-12, choosing to purchase from awarded AEPA contracts are subject to their
own respective laws, and/or local policy, procedures, and/or Charters.
C. Additional Member Agency Terms and Conditions for Construction Products and Services:
Special Bid Requirements for Construction, Renovation and Remodeling: All Contractors understand and agree that
the use of AEPA contracts is not intended for use by Michigan intermediate school districts or public K-12 school
districts for construction, renovation or remodeling projects under MCL 380.1267 and agree to comply with all
applicable standards and statutes for said construction projects.
Participating Entities, other than from K-12, choosing to purchase from awarded AEPA contracts are subject to their
own respective laws, and/or local policy, procedures, and/or Charters.
D. Procedure for Processing Orders
1. Once the award is made to a Contractor, OS will inform the Participating Entities and Other Agencies of the
award by announcing the award through its general and usual methods of disseminating information.
2. OS requires the awarded Contractor to take ownership and actively promote the contract in cooperation with
OS to all qualified Participating Entities and Other Agencies.
3. Oakland Schools follows the AEPA Standard Ordering Process (see Part A, III. General Terms and
Conditions for All Agencies, "Ordering Procedures").
AEPA IFB 012 Part A Page 55 of 110 Due: October 14, 2011 at 1:30 pm EDT
4. Administrative Fee:
Contractors shall be required to pay a one and one half percent (2%) administrative fee (the "Fee") based on
the total cost of goods or services purchased, including installation and freight, if applicable. In the event of a
lease arrangement, the total Fee for the value of goods leased shall be paid to OS by the Contractor at the
front end of the lease. Contractor or its designated authorized reseller(s) shall not include any additional
amount corresponding to the Fee in the bid responses or awarded prices. Administrative fee payments and
sales reports are to be submitted to Oakland Schools on a guarterly basis.
E. Agencies Allowed to Purchase under the Member Agency :
OS serves all local school districts located in Oakland County, Michigan. In addition to, and in accordance with
the terms and conditions set forth in this solicitation, all public school districts, private schools, public school
academies and intermediate school districts in the State of Michigan shall be permitted to use AEPA
solicitations approved by OS.. In accordance with the terms and conditions set forth in this solicitation, colleges,
universities, counties, cities, townships, villages, and non-profit organizations may also use select AEPA
solicitations. It should be clearly understood that OS is assisting these Participating Entities as a service to
procure selected supplies, materials and equipment and services desired by the Participating Entity. Both the
Contractor and any Participating Entity using this solicitation agree that the OS makes no representation that use
of this solicitation by any Participating Entity is, in fact, in compliance with rules, regulations, policy or
procedures of the Participating Entity. In this regard, the OS strongly suggests that, at a minimum, the Contractor
and any Participating Entity considering such use consult with their own legal counsels before doing so. All
Participating Entities using AEPA solicitations shall be responsible for adhering to their own applicable rules,
regulations, policies, procedures and state statutes, etc., which may govern the use of cooperative purchasing
contracts within their respective jurisdictions.
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AEPA IFB 012 Part A Page 56 of 110 Due: October 14, 2011 at 1:30 pm EDT
11. Minnesota, Minnesota Service Cooperative (MSC)
A. Additional Member Agency Terms and Conditions - Construction Products and Services Contractor
Licensure: If any work supplied pursuant to the contract requires licensing with the State of Minnesota and any
other states MSC may market, a contractor must be so licensed in order to submit a bid for the contract, and
contractor and all relevant subcontractors must remain licensed during the period required for performance.
Contractor certifies that all subcontractors and workers will be properly licensed to perform the work required by this
contract before their commencement of work. In addition, acquisition of all permits as well as any drawings needed
to obtain those permits is the responsibility of the successful contractor/bidder.
B. Procedure for Contract Award, Notification and Processing Orders
Once the award is recommended by the AEPA Review Committee, MSC considers the recommendation based on the
value of the potential contract for its qualified members. Member is defined as any city, county, public or private
educational agency, non-profit or governmental agency that is a member of MSC as described in Section C. In the
event of an award by the MSC Board of Directors, MSC will inform its members of the award and contract by the
following methods along with contract instructions and ordering process.
(L) The contract opportunity is listed and promoted on the MSC website.
(2.) Announcing the award in MSC newsletters.
(3.) MSC will publish the contract and marketing information through a hard copy marketing flier and electronic
email. Contracts are promoted through PDF and hard copy product catalog distributed at statewide trade shows and
member meetings on a regular basis.
MSC will require a marketing flier, brochure, or other similar marketing piece, in an editable, electronic format, from
each vendor promoting the available contract with the vendor, and/or a web page or link. MSC may assist in the
development of the marketing flier and material (if requested by vendor), but in all cases shall have authority to
review and approve any marketing materials. If a web site is used, the link will be made available from the MSC web
page. Any web page or link, or other marketing tool shall be dedicated to AEPA information only.
(4.) The vendor shall quote a price to the member, in writing, using AEPA established discounts and including the
two percent (2%) administrative fee in the quoted price. The administrative fee shall be based upon the total cost of
goods and/or service including installation costs. The administrative fee shall not be listed as a separate line item on
the quote. When a member decides to purchase through the MSC-AEPA contract, the member issues the purchase
order directly to the vendor.
(5.) MSC members purchasing construction related products and/or services may, as required by statute, or
at their discretion, require the vendor to post a performance bond.
(6.) The purchase order must include the total invoiced cost, based on the total cost of goods, service, and
installation, including the 2% administrative fee.
(7.) This administrative fee is to be paid by the vendor to MSC quarterly within 20 working days after the end of
each fiscal quarter. The AEPA vendor shall also submit to MSC a sales report, in Excel format, listing all sales made
and payments received by the vendor in said quarter. The sales report shall be e-mailed to Melissa Mattson at
min attsong--,Icsc.org and copied to Jan Eklund at 'ek1und(cTjcsc.or . The administrative fee payment shall be
delivered to Melissa Mattson, MSC, 1001 E. Mt. Faith, Fergus Falls, MN 56537. The check shall be made out to
MSC.
(8.) In the event of a lease, the total administrative fee for the value of goods shall be paid to MSC by the vendor at
the front end of the lease.
(9.) MSC reserves the right to review all purchase orders, lease documents and invoices to insure contract
compliance.
(10.) Vendor makes all deliveries and installations of products and services. MSC does not warehouse items or
provide services.
(11.) MSC requires that all participating vendors offer the contract opportunity to all MSC qualified members.
Qualified membership is defined under section C (below).
C. Members Participating Under the Agency
The Minnesota Service Cooperatives is a Joint Powers organization comprised of eight Service Cooperatives. The
service cooperatives were created by the legislature under Minnesota Statute 123A.21 to serve all qualified agencies
in a cooperative manner. MSC is governed by a publicly elected Board of Directors. Qualified agencies include all
AEPA IFB 012 Part A Page 57 of 110 Due: October 14, 2011 at 1:30 pm EDT
public and private educational institutions as well as all cities, counties, governmental agencies and all non-profit
organizations. Membership with MSC is required for contract participation.
A Governing Law
The laws of the State of Minnesota govern the Contract. Each and every provision of law and clause required by law
to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as
though it were included. If through mistake or otherwise any such provision is not included, or is not currently
included, then upon application of either party the Contract shall be physically amended to make such inclusion or
correction.
AEPA IFB 012 Part A Page 58 of 110 Due: October 14, 2011 at 1:30 pm EDT
12.
Missouri, Cooperating School Districts of the Greater St. Louis Area, (CSD)
up
Additional Agency Terms and Conditions
Lease, and Rentals:
Vendor may
members
enter into
lease purchase agreements,
providing such agreements are in compliance with Missouri statutes and State Department of Education policies,
rules and regulations. CSD must receive a copy of the executed leasing documents prior to processing a purchase
order. CSD will not collect lease payments. Bidder agrees that leases will be in compliance with the Uniform
Commercial Code. All terms of leasing must be included in the proposal, with interest rates described as related to a
government standard. Bidder must indicate in its response to this solicitation if the shipping costs for the return of
leased or rented equipment are the responsibility of the CSD member., and what that cost will be. No sale of a
contract to a third party will be made without first informing CSD and the CSD member of the sale. If Bidder sells a
lease contract to a third party, the cost of return must not be greater than the cost of return to the original vendor. A
2% administrative fee must be included in the lease cost based on the total value of the goods purchased. This fee is
referred to under ordering process.
B. Procedure for Processing orders
(1.) Once the award is made to the vendor, CSD will inform its members of the contract by announcing the award in
its periodic newsletter and other CSD member presentations as well as regular electronic and direct mail
communications to members.
(2.) CSD may require a marketing flier from each vendor promoting the contract and AEPA relationship. CSD will
assist in the development of the marketing flier and material. This flier will be for distribution as well as posted on
the CSD online catalog and disseminated to all members. At this point the vendor must contact the members and
members may contact the vendor. Note: CSD requires the awarded vendor to take ownership and actively promote
the contract in cooperation with CSD to all qualified customers.
(3.)
When the member identifies
a desired product or service as available through the AEPA
contract and agrees on
price
as presented
to the
member
by the
awarded
AEPA
vendor,
the
member
then
issues to
the
vendor
a purchase
order for that item or service.
(4.) The purchase order must include an additional two percent (2%) administrative fee in the total cost, based on
the total cost of goods and service including installation and freight if applicable. This fee is to be forwarded by the
vendor to CSD after the sale and payment is made to vendor. Payment shall be made to CSD on a quarterly basis
along with complete sales history during that period.
(5.) When all the items and services on the purchase order have been delivered to the member in a complete and
satisfactory manner, vendor then forwards a copy of the invoice to CSD. The invoice is to be marked "Copy". The
invoice shall include the additional 2% administrative fee to the total amount invoiced based on the goods and
services as defined and provided by the vendor. The administrative fee percentage is based on the total sale of goods
and services including installation and freight if applicable. In the event of a lease, the total administrative fee for the
value of goods shall be paid to CSD by the vendor at the front end of the lease.
(6.) Vendor makes
provide services.
all deliveries and installations of products
services.
not warehouse
(7.) All participating vendors agree to and are subject to audit proceedings of AEPA member sales.
C.
Members Purchasing Under the Agency
We take great pride in the fact that the Business Services Division of CSD is providing a complete line of purchasing
services to our 56 member school districts and over 265 additional school districts and educational institutions
throughout Missouri and Illinois. For those of you who have not participated in the past with the Business Services
Division, it is important to note that we serve students in 321 public, private and parochial schools within our service
area. CSD was created in 1928 with its primary focus aimed at improving educational opportunities for all students.
Our goal is to promote efficient use of educational dollars, and simultaneously provide an ongoing market for those
vendors doing business with CSD. The Cooperating School Districts of Greater St Louis serves schools and political
subdivisions in the following states: Illinois, Wisconsin, Oklahoma, Arkansas, North and South Carolina, South
Dakota.
AEPA IFB 012 Part A
Page 59 of 110
Due: October 14, 2011 at 1:30 pm EDT
D. Governing Law
Any municipality or political subdivision of this state, as hear in defined, may contract and cooperate with any other
municipality or political subdivision, or with an elective or appointive official thereof, or with a duly authorized
agency of the United States, or of this state, or with other states or their municipalities or political subdivisions, or
with any private person, firm, association or corporation for the planning, development, construction, acquisition or
operation of any public improvement or facility, or for a common services; provided, that the subject and purposes of
any such contract or cooperative action made and entered into by such municipality or political subdivision shall be
within the scope of the powers of such municipality or political subdivision . If such contract or cooperative action
shall be entered into between a municipality or political subdivision and an elective or appointive official of another
municipality or political subdivision, said contract or cooperative action must be approved by the governing body of
the unit of government in which such elective or appointive official resides.
AEPA IFB 012 Part A IPage 60 of 110 Due: October 14, 2011 at 1:30 pm EDT
13. Montana, Montana Cooperative Services (MCS)
A. Additional Agency Terms and Conditions
Advertising: MCS will require a marketing flier in electronic form from each vendor promoting the contract or a
web page of contact. MCS will assist in the development of the marketing flier and material. This flier will be for
distribution and used as a page on the MCS web site. If a web site is used, a link will be established on the MCS web
page.
Price and Packaging Information: It is mandatory that all bidders include both the LIST PRICE and BID PRICE
on each item for consideration. Failure to include both prices could disqualify the bid. Complete Product
Specification Sheets or brochures must be submitted when requested. Failure to provide said specification sheets
could disqualify the bid.
D. Procedure for Processing Orders
(1.) Once the award is made to the vendor, MCS will inform its members of the contract by:
(a.) Including the contract in the agency database that is available on the MCS, website
(b.) Announcing the award in its periodic newsletter and other MCS member presentations as well as
regular electronic and direct mail communications to members.
(2.) A list in electronic form of members, institution names, contact names, addresses and phone number will be
offered to the vendor. At this point the vendor must contact the members and members may contact the vendor.
(3.) When the member identifies a desired product or service as available through the Agency contract and agrees on
price as presented to the member by the awarded Agency vendor, the member then issues to the vendor a purchase,
order for. that item or service.
(4.) An additional two percent (2%) administrative fee is to be included in the cost, based on the total cost of goods
and services, including installation. This fee is to be forwarded by the vendor to MCS after the sale and payment is
made to the vendor.
(5.) When all the items and services on the purchase order have been delivered to the member in a complete and
satisfactory manner, vendor then forwards a copy of all sales to MCS. These sales are to be reported on a quarterly
basis and include purchaser and sales.
(6.) Vendor makes all deliveries and installation of products and services. MCS does not warehouse items nor
provide services.
(7.) MCS requires that all participating vendors offer the contract opportunity to all qualified membership. Qualified
membership is defined under C.
E. Agencies allowed to Purchasing under the Member Agency
MCS is a Montana based, legislatively created, cooperative organization formed under Montana state statute section
20-9-204 Senate Bill # 329 allowing services to all qualified agencies in a cooperative manner. No agency is
obligated to use these services and contracts, but they will find the benefits of low price advantageous. Qualified
agencies include all public educational institutions to include universities, community colleges, technical colleges,
state and private schools, charter schools, as well as all cities, counties, governmental agencies and all nonprofit
organizations.
AEPA IFB 012 Part A Page 61 of 110 Due: October 14, 2011 at 1:30 pm EDT
14. Nebraska, Nebraska Educational Services United Cooperative Purchasing (NESUCP)
A. Additional Agency Terms and Conditions
Bid Award Determination: The bidder hereby agrees to these bidding conditions by virtue of submitting
this signed document on or before the Bid Opening date as specified below.
Natural Gas Contractors: Any bids relating to natural gas shall be based upon an awareness of Section
75-501 Neb. Rev. Stat. Rules and Regulations, adopted in conformity with Rules, Regulations, and
Interpretations of Federal Agencies with authority to regulate pipeline common carriers and interstate
commerce.
Performance Bonds (Construction Only): Upon execution of a contract between a NESUCP member
and the prime contractor, performance and payment bonds shall be provided the member. If so required, a
performance bond in an amount equal up to 100% of the price specified in the contract between the
member and a surety company authorized to do business in Nebraska shall be executed by the prime
contractor. Performance bonds between the member and the prime contractor shall be on standard forms.
If so required, a payment bond in an amount equal up to 100% of the price specified in the contract
between the member and a surety company authorized to do business in Nebraska, shall be executed by the prime
contractor. This bond will protect all persons supplying labor and material to the prime contractorfor the performance
of the work provided in the contract. Payment bonds between the member and theprime contractor shall be on the
standard form. The prime contractor shall deliver copies of both theperformance and payment bonds to NESUCP at
the time the contract between the member and the primecontractor is executed. All suits for nonpayment or
nonperformance shall be filed as allowed under
Nebraska law. The prime contractor will be responsible for providing NESUCP with copies of all contracts and
bonds in accordance with NESUCP purchasing procedures. In the event the NESUCP finds it to be inthe best interest
of the cooperative or any Educational Service Unit within Nebraska or any member school district served by the
cooperative to waive any bond requirement, it may do so by notifying any contractor of that fact in writing. Any
purported waiver of any bond requirement in any form other than in written form signed by the CEO of the NESUCP
shall be non -binding and of no effect.
Special Bid Security: Nebraska ESU Cooperative Purchasing reserves the right to reject any or all bids inwhole or
in part; to waive any formalities or irregularities in any bids, and to accept the bids, which in itsdiscretion, may be for
the best interest of Nebraska ESU Cooperative Purchasing. Nothing in the
solicitation for bids or acceptance of bids is to be construed as an assertion that zoning or other land use
authority is appropriate to the placement of any portable classrooms, the subject of any bids hereto. As to
whose duty it is to ascertain whether zoning and land use is appropriate as to any portable classrooms uponwhich any
vendor is the successful bidder, shall be set forth in the bid specifications by the vendor. Anydeviation from housing
and urban development standards or uniform building code standards thatmay be aterm of the bid by any vendor
shall be clearly set forth in the bid. Whether or not any portable or otherbuilding as bid includes architectural or
engineering services as required by Section 81-3446, Neb. Rev. Stat. or if the building is exempt under Section 81-
3449 because it is a public work not to exceed
$40,000.00 or whether the building is not exempt, the bid shall include specific statements as to how the
aforementioned statutes will be complied with. Neb. Rev. Stat. Section 73 -101 provides for the manner
and methods which public letting will occur. Section 73 -106 exempts the expenditure of funds for
construction, remodeling, or repair of any school owned building or for site improvement, if the
contemplated expenditure for the complete project does not exceed $40,000.00. The granting of a bid to a
vendor does not absolve the bidder from also complying with Section 73 -101 and Section 73-106 of the
Nebraska statutes. Any bid accepted by the Nebraska Coop shall also be subject to Section 73-102, Neb.
Rev. Stat. to file a statement that the vendor or bidder is complying with and will continue to comply with
fair labor standards in the pursuit of his business and in the execution of the contract on which he is
bidding. A form statement to that effect is available from Mr. Kip Schneider at Nebraska ESU Cooperative
Purchasing.
Debarment and Suspension: Contractors shall comply with Executive Orders 12549 and 12689 as
applicable. Contractors may be debarred for a period of two (2) years, unless earlier modified by the
AEPA IFB 012 Part A Page 62 of 110 Due: October 14, 2011 at 1:30 pm EDT
Special Awards Committee of the Nebraska ESU Cooperative Purchasing for any of the following conduct:
(a.) Repeatedly not following the bid process. (b.) Repeatedly submitting non -responsive bids. (c.) Any
behavior, which has as its effect injuring the integrity of the bid process. (d.) Failure to deliver goods
pursuant to a successful bid. (e.) Repeated lack of acceptable handling and delivery of goods pursuant to a
successful bid. (f.) Repeatedly not meeting delivery deadlines. (g.) Repeated failure to timely rectify
damages of goods, or shortages of goods when it is the responsibility of the contractor to take such action.
(h.) Conviction of a crime of dishonesty. (i.) Debarment or suspension by any agency or Federal Agency by the
contractor or any of its key employees. (j.) Other conducts which materially and adversely affects the services of the
ESU Cooperative Purchasing program.
Statement Filed: A bidder who is awarded a contract for any goods or services pursuant to this IFB shall
file with NESUCP a statement as required by Neb. Rev. Stat. § 73-102.
B. Procedure for Processing Orders
Nebraska ESU affiliated schools send their purchase orders directly to the vendor, the vendor ships directly to the
school, and direct bills the schools the cost of merchandise plus the NESUCP 2% administrative fee. Vendors must
provide a quarterly report to Nebraska ESU Cooperative Purchasing. The report will include: Date of sales, school
name, ESU affiliation, selling price, list price and savings. The NESUCP administrative Fee of 2% will accompany
each quarterly report.
C. Members Purchasing Under the Agency
Nebraska ESU Cooperative Purchasing provides service to 16 Educational Service Units state wide, which in turn
serve approximately 254 school districts.
D. Procedure for Processing Orders
All purchase orders will be submitted directly from the purchasing entity to the vendor. Nebraska ESU
Cooperative Purchasing will not facilitate the processing of purchase orders unless the offering is service
related. If it is a service related purchase then the purchase order shall be submitted by Nebraska ESU
Cooperative Purchasing.
E. Agencies Allowed to Purchase under the Member Agency
Purchases through Nebraska ESU Cooperative Purchasing contracts are to be primarily for K-12. However other
state entities may use the Nebraska ESU Cooperative Purchasing contracts. All inquiries to purchase on the behalf of
a non-profit group not in state statute or receiving state funding must be approved by Nebraska ESU Cooperative
Purchasing.
AEPA IFB 012 Part A Page 63 of 110 Due: October 14, 2011 at 1:30 pm EDT
15. New Mexico, Cooperative Educational Services (CES)
A. Additional Member Agency's Terms and Conditions That apply to all categories,
Cooperative Educational Services (CES) is the administering agency of a Joint Powers Agreement as
authorized by Section 11-1-1, et. seq. NMSA 1978, which is based in Albuquerque, New Mexico, and is
composed of 180 New Mexico public educational institutions (Members) such as k-12 public school districts;
charter schools; colleges and universities and their branch campuses; community colleges and vocational
schools; Bureau of Indian Education (BIE) schools; that are parties to the Revised and Amended Joint Powers
Agreement (JPA) to establish an educational cooperative. CES was organized in 1979 as a direct response to the
needs of small and rural Local Education Agencies (LEA's). CES offers numerous programs and services in the
following areas: administrative support, special education services, and cooperative purchasing.
Acceptance of Delivered of Products and Services: The CES Member will be the determining judge of
whether materials and services delivered under the contract satisfy the requirements as identified in the contract
order. If there is a dispute between the Contractor and the CES Member, CES will make the final determination.
Administration Fee: CES charges its Members and Participating Entities a two percent (2%) administrative fee
on the total amount invoiced on a purchase/project. CES' two percent (2%) administration fee shall be included
in offeror's net price. Depending on the pricing format and purchasing process utilized, the CES fee will either
be collected by the Contractor and rebated to CES or collected by CES during the processing of the transaction.
Applicable Law: The CES awarded contract will be governed by the laws of the State of New Mexico, both as
to interpretation and performance. Suits pertaining to this contract can be brought only in courts in the State of
New Mexico. Offerors doing business with CES, its Members and Participating Entities under this solicitation
must comply with and adhere to any Federal, state and/or local laws. All work performed and products provided
under the resulting CES contract will be done in strict accordance with the most recent edition of any federal,
state and local relevant regulation, standard, document - and/or code that may apply to or govern the individual
procurement transactions. Where conflict among these requirements or with these specifications exists, the most
stringent requirement will be used.
Arbitration: This contract is subject to arbitration to the extent required by the New Mexico Procurement Code.
Assignment of CES Payments: If the offeror requests that its payment from CES/CES Members be issued to a
third party or that a joint check be issued to the offeror and a third party, this request must be submitted and
approved by the agency prior to, the Contractor accepting a purchase order. The agency reserves the right to
assess a special handling charge of thirty-five dollars ($35) per check. The special handling charge will be
deducted from the amount of the invoice being paid. If the offeror wishes to have all payments under this
contract made to a third party, offeror must state this in his response.
Bid Security: The New Mexico Procurement Code requires that when an IFB is used to solicit for and acquire
products and services, bid security is required. CES has determined that, for this IFB, it will require security, bid
bond, or other acceptable bid security in the amount of twenty-five thousand dollars ($25,000). The bid security
must provided by bid due date, and therefore must accompany the bidder's response and be placed behind Tab 1.
Acceptable bid security, which must be provided with the submission of the initial offer, will be an amount equal
to the amount specified above ($25,000) and can be a one-time bid bond underwritten by a surety company
licensed to issue bid bonds in New Mexico, a certified cashier's check, or an irrevocable letter of credit. Bid
security can be provided using a form acceptable to the State of New Mexico State Procurement Department,
with the principal being the prime Contractor and CES being the Agency of Record.
Campaign Contribution Disclosure Form: Documents used to disclose whether they, a family member, or a
representative of the prospective Contractor has made a campaign contribution to an applicable public official of
the State or a local public body during the two years prior to the date on which the Contractor submits a proposal
(Chapter 81, Laws of 2006). Prior to the offeror entering into a contract with an individual CES Member, the
offeror must provide the CES Member with a Campaign Contribution Disclosure Form.
Cancellation for Non -Performance or Contractor Deficiency: CES can terminate any contract if CES
Members have not used the contract in any 12-month period, or if purchase orders total less than $1,000 per year.
CES 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. CES may issue a written deficiency notice to said Contractor
for acting or failing to act in any of the following:
1. Providing material that does not meet the specifications of the contract;
AEPA IFB 012 Part A Page 64 of 110 Due: October 14, 2011 at 1:30 pm EDT
2. Failing to adequately perform the services set forth in the scope of work and specifications;
3. Failing to complete required work or furnish required materials within a reasonable amount of time;
4. Failing to make progress in performance of the contract and/or giving CES reason to believe that
Contractor will not or cannot perform the requirements of the contract;
5. Performing work or providing services under the contract prior to receiving a purchase order from CES
for such work;
6. Accepting purchase orders based on this contract from CES Members and/or invoicing CES Members
directly.
Upon receipt of a written deficiency notice, Contractor will have ten (10) days to provide a satisfactory response
to CES. 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 the
Contractor under the contract will become the property of the Member on demand.
CES Supplemental Packet: Upon acceptance and approval of the Vendor's offer by AEPA, CES will
independently consider the offer and issue a Vendor's supplemental packet requesting specific information
necessary to enter and execute a contract in the state of New Mexico including information relating to: the
Vendor's qualifications; ability to conduct business in the state of New Mexico; and who will be coordinating,
promoting, receiving, and processing orders; and providing the prime Contractor's goods and services in New
Mexico. Once the prime Contractor provides this information, CES will review, seek clarification (if needed),
and conduct a Vendor conference to complete the contract execution process. Please note the information
regarding deadlines, as described in "Offer Acceptance Period to Execute a Contract with CES".
CFR - Code of Federal Regulations www.gpoaccess.gov/cfr/index.html
Civil and Criminal Penalties: The Procurement Code, Sections 13 -1-28 through 13 -1-199 NMSA 1978,
imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose
felony penalties for illegal bribes, gratuities and kickbacks.
Contractor Invoice: The Contractor will send an invoice to CES or a CES Member after the delivery of goods
and/or services. Goods and services will be invoiced at applicable contract prices, depending on the purchasing
process utilized for the procurement, and must not exceed the amount of the agency's purchase order. If it is a
CES purchase, the invoice will be less the CES' two percent (2%) administration fee. If it is a CES Member's
purchase, the invoice will be for the full amount.
Cooperative Purchasing Agreement: Is an agreement between CES and a Participating Entity for the purpose
of establishing a procurement method by which Participating Entities may join together in cooperative multi -
jurisdictional contracting and ensure the commitment of each Participating Entity. Further, the agreement
provides an understanding of the contracting process, the organization, and operation of this purchasing
cooperative (CES).
Credit Hold: The Contractor must agree not to place CES/CES Member/Participating Entities on "credit hold"
without ten 0 0) days advanced notice in writing, either by letter or facsimile to the agencies' Finance
Director/Manager. The Contractor must also copy CES as part of this process when it involves a direct purchase
with a CES Member. Before CES can pay a Contractor's invoice, it must collect payment from the CES Member
that received the product/service. CES believes it is better for the Contractor if CES places the slow -paying
agency on "credit hold". If a Contractor places CES on "credit hold," agencies that pay promptly are penalized.
If, however, CES places the offending agency on "credit hold", payment is more likely to result and only the
offender is punished.
Execution of Contract and Compliance with Bid Instructions: By submitting a bid, the offeror acknowledges
its understanding of the instructions to bidders, the New Mexico additional terms and conditions, and its
willingness to comply with the requirements of the bid documents as it relates to offering and providing their
products and services within the state of New Mexico.
Federal Requirements: The Contractor agrees, when working on any federally -assisted projects with more than
$20,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis -Bacon Act
(Section 29, CFR Part 5), the Copeland "Anti -Kickback" Act and the Equal Opportunity Employment
requirements of Executive Order 11375. In such projects, the Contractor agrees to post wage rates at the work
site and submit a copy of their payroll to CES Member for their files. In addition, to comply with the Copeland
Act, the Contractor must keep records for three (3) years and allow the federal grantor agency access to these
records upon demand. All federally -assisted contracts to CES Members that exceed $10,000 may be terminated
by the federal grantee � for noncompliance by the Contractor. In projects that are not federally funded, the
Contractor must agree to meet any federal, state, or local requirements as necessary. In addition, if compliance
AEPA IFB 012 Part A Page 65 of 110 Due: October 14, 2011 at 1:30 pm EDT
with the federal regulations increases the contract costs beyond the agreed -on costs in this solicitation, the
additional costs may only apply to the portion of the work paid by the federal grantee. On all other projects, the
prices must agree with this contract.
Indemnification: The Contractor shall indemnify and hold harmless CES/CES Member/Participating Entities
(its officers and employees) against liability, claims, damages, losses, or expenses arising out of bodily injury to
persons or damage to property caused by, or resulting from, Contractor's and/or its employees own negligent
act(s) or omissions(s) while the Contractor, and/or its employees, perform(s) or fails to perform its obligations
and duties under the terms and conditions of this agreement. This safe and harmless and indemnification clause
is subject to the immunities, provisions, and limitations of the Tort Claims Act (41-4-1, et seq., N.M.S.A. 1978
comp.) and any amendments thereto. It is specifically agreed between the parties executing this agreement that it
is not intended by any of the provisions of any part of the agreement to create the public or any Member thereof
a third party beneficiary or to authorize anyone not a party to the agreement to maintain a lawsuit(s) for wrongful
death(s) bodily and/or personal injury(ies) to person(s),. damage(s) to property(ies) and/or any other claim(s)
whatsoever pursuant to the provisions of this agreement. Vendor shall provide all insurance necessary to
employees on the work site, including, but not limited to, workman's compensation.
Insurance: On contract award, the Contractor will, at its own expense, purchase and maintain insurance that
will protect it from claims that may arise out of or as a result from its activities under this contract, where those
activities are performed by it, by any Subcontractor, by anyone directly or indirectly employed by any of the
Contractors or by anyone for whose acts the Contractor may be liable during the entire performance period of
this contract. The Contractor must furnish a Certificate of Insurance to the CES procurement officer prior to
official award. If policy changes occur during the life of the contract, it is the Contractor's responsibility to
provide updated proof of coverage to the CES procurement officer.
1. Bidders will submit proof of coverage under the Workman's Compensation Insurance, as required by the
Labor Laws and New Mexico Statutes.
2. Bidders will submit a certificate of general liability insurance for personal injury, occupational disease,
sickness or death, and property damage. Insurance will include "occurrence" claim provisions. Minimum
acceptable coverage is $1,050,000 combined single limit for bodily injury and property damage, or $750,000
bodily injury and $250,000 property damage (each occurrence). The Offeror will name CES and the CES
Member as co-insured up to the limits of the Tort Claims Act. Additional punitive damages liable to
$500,000 will be provided naming CES as co-insured.
3. Bidders will submit a certificate of errors and omissions insurance for damages caused by an error, omission,
or any negligent acts caused by the Contractor and its Subcontractors in the performance under this
agreement. Combined singled limit per occurrence is one million fifty thousand dollars ($1,050,000) and the
annual aggregate limit of not less than two million dollars ($2,000,000). The bidder will provide "tail"
coverage at the completion of any contract entered into by CES or its Members for a minimum of 12 months,
or the maximum time period reasonably available in the marketplace. The Contractor shall furnish
certification of "tail" coverage as described following contract completion. This will be a condition of the
final acceptance of work or services.
4. In addition, Contractor must provide, upon request, identical.. certification of insurance to any CES
Member/Participating Entity using this contract. Prior to commencing any work, all Subcontractors must
procure and maintain at its own expense until final acceptance of the work, written insurance coverage, and
insurer's acceptance to the prime Contractor. All Subcontractors will provide workers' compensation
insurance, which waives all subrogation rights against the prime Contractor and CES/CES
Member/Participating Entities.
Lease and Rentals: The offeror can allow CES Members to enter into rent, lease, or purchase agreements,
providing such agreements are in compliance with New Mexico statutes and Public Education Department
policies, rules, and regulations. CES must receive a copy, of the executed leasing documents prior to processing
a purchase order. CES will not collect lease payments. The offeror must agree that leases will be in compliance
with the Uniform Commercial Code. All terms of leasing must be included in the proposal with interest rates
described as related to a government standard. The offeror must indicate in its response to this solicitation if the
shipping costs for the return of leased or rented equipment are the responsibility of the CES Member and what
that cost will be. No sale of a contract to a third party will be made without informing CES and the CES
Member of the transfer. If the offeror sells a lease contract to a third party, the cost of return must not be greater
than the cost of return to the original Contractor.
As required by New Mexico law, the lease agreement with the CES Member or Participating Entity will need to
contain a termination provision for Non -Appropriation of Funds. In the event no funds or insufficient funds are
appropriated and budgeted by CES, its Members or Participating Entities (Lessee) governing body or are
AEPA IFB 012 Part A Page 66 of 110 Due: October 14, 2011 at.1:30 pm EDT
otherwise unavailable in any fiscal year for the payment of lease and other amounts due under any lease, the
lease shall terminate on the last day of the fiscal period for which appropriations were received or other amounts
are available to pay amounts due under the lease without penalty or expense to the Lessee. It is the decision of
CES, its Members, or Participating Entities to determine the sufficiency of funds, which determination shall be
accepted by the Lesser and is final. The Lessee shall give the Lesser or its Assignee written notice at least thirty
(30) days in advance of such occurrence.
Legal Remedies: All claims and controversies are subject to the New Mexico Procurement Code, NMSA 1978,
and Sections. 13-1-28 through 13-1-199.
Local Representation: Depending on the type and level of products and services offered, the Vendor must
demonstrate their sales, support, and service staff are physically located where they can respond to and deliver
services in a timely and cost effective manner.
Manufacture Endorsement: The bidder must demonstrate it is an authorized distributor of the products and
services offered, has access to manufacturer's technical support and warrantee services, and possesses the
certifications required to install, configure, and maintain the products offered in response to this IFB within the
state of New Mexico.
Marketing: Once the award is made to the Contractor, CES will, in conjunction with the Contractor, develop a
marketing strategy on how the contract will be presented to its Members and Participating Entities. CES informs
its Members and Participating Entities of the contract by: 1) including the contract in the agency database that is
available on the CES website, 2) announcing the award in its periodic newsletter, 3) publishing the contract
information in a catalog disseminated to all Members, and 4) attending a number of conferences and promoting
its existing contracts. A list of Members' and Participating Entities' names, contact names, addresses, and phone
numbers can be viewed or downloaded by going to CES' website (www.pmedu.9 ).
Multiple Awards: AEPA approved Vendors must service a required number of the AEPA Member States
which does not allow New Mexico or regional Vendors to participate. CES has determined that it is in its
Members and Participating Entities best interest, and in order to provide local Vendors the opportunity, CES
conducts public solicitations for local and/or regional Vendors in some of the same product and service areas.
Therefore, CES may have existing CES contracts in place with local or regional Vendors.
NMPED: New Mexico Public Education Department.
NM Procurement Code (13-1-28): Sections 13-1-28 through 13-1-199 NMSA 1978 may be cited as the
"Procurement Code".
Offer Acceptance Period to Execute a Contract with CES: In order to allow CES the opportunity to evaluate
the bids offered and approved by AEPA, CES requires that the AEPA approved Vendor submit to CES a
complete electronic copy of its response to AEPA's solicitation and a hard copy of all of the documents that
required original signatures within sixty days (60) from the date of AEPA's approval. CES will issue its
supplemental packet within thirty (30) days after AEPA's approval, and will require the supplemental packet be
returned within forty-five (45) days of the date of its cover letter. CES will consider failure to comply with these
requirements as a failure to comply with both AEPA's and CES' solicitation terms and conditions.
Offeror's Support for CES Prices:
There are many reasons Members and Participating Entities use CES contracts. Because the resulting CES
awarded contracts are based on publically solicited sealed bids, Members are exempt from having to issue their
own individual solicitation. This saves them a great amount of time and a large amount of money. In addition,
because each Vendor agrees that the price charged through a CES contract will be the lowest that a Vendor will
offer, the Member or Participating Entity knows that issuing its own bid will not necessarily reduce the cost of
the procurement. The additional value CES brings to the transactions is its oversight, support services, and
assurance that the procurement complies and adheres to the New Mexico Procurement Code. Finally, the
service and convenience of processing orders through one agency (CES) simplifies the procurement process.
Rather than having to issue a dozen purchase orders, for instance, a Member may issue only one to CES. If
problems occur, the Member has the assistance of CES in reaching a satisfactory solution.
A CES contracted Vendor receives many of the same benefits as a CES Member. Rather than having to respond
to dozens of individual IFBs (which is a big cost of doing business), a response to AEPA opens the door to forty-
five thousand or more educational institutions, cities, counties, political subdivisions, and non-profit
organizations. CES' current Members exceed 190 and Participating Entities exceed 100. The business office of
the Vendor has the advantage of invoicing CES rather than each individual account. The awarded Vendor also
receives the same type of additional services from CES: assistance in collections (some public entities are slow
AEPA IFB 012 Part A Page 67 of 110 Due: October 14, 2011 at 1:30 pm EDT
in processing payments), joint marketing, and use of its facilities to hold events. If problems develop, the Vendor
has the mediation services of CES to settle disputes and assistance in working with and interfacing with various
state and local governing authorities.
Therefore, for CES to comply with the intent of New Mexico cooperative purchasing statute and to provide its
Members and Participating Entities the best value, CES requires that Vendors offer prices lower than what they
would offer on single school district contracts in New Mexico, other cooperative purchasing contracts available,
to New Mexico public institutions, and agencies or state purchasing contracts for equal or less volume. Vendors
that awarded a CES contract under this solicitation must lead with and/or offer their CES contract. As the
agencies' first option, however, it is understood that it has the option to use whatever procurement method they
choose.
Price List: The AEPA Vendor will submit to CES and/or its Members and Participating Entities (if requested),
or make available on its website all applicable pricing for all products and services proposed, approved, and
awarded under this solicitation. Price lists submitted must be in accordance and comply with the AEPA's terms,
conditions, and the requirements of the CES purchasing process utilized to facilitate eligible procurement
agencies' staff to place and process orders. When utilizing any of the pricing methodologies identified and
required within this solicitation, such discounts and pricing will include the CES two (2%) percent administrative
fee, must be submitted in the format required, and can be audited by CES.
Protests: Protests will be filed and resolved in accordance with the State of New Mexico Procurement Code
§ 13-1-172 NMSA 1978 and applicable CES board policies. Venue for any and all legal actions regarding or
arising out of the transactions covered herein shall be solely in the District Court in and for the County of
Bernalillo, State of New Mexico. The laws of the State of New Mexico will govern any resulting transactions.
A protest period of fifteen
(15) days
shall begin on the
day following the contract award notice and end at 5:00
p.m. Mountain
Time at the
end
of
the
fifteenth
(15)
day.
A protest must
be written and
include:
1. The company name, contact name, address and telephone number of the protester;
2. The original signature of the protester or its representative;
3. Identification of the Request for Proposal (RFP) or Request for Bid (RFB) by
solicitation number;
4. A detailed statement of the legal and factual grounds of protest, including copies of any
relevant and supporting documents and exhibits;
5. The form of relief requested.
Protests shall be filed with Mr. David Chavez, Executive Director of CES, 4216 Balloon Park Road,
Albuquerque, NM 87109. Any protest received after the deadline will not be accepted.
Taxes: Prices offered will not include applicable state gross receipts tax and local taxes. All applicable taxes
must be listed as a separate item on all invoices and will be paid by CES/CES Member/Participating Entity
issuing the purchase order to CES or the Contractor. No gross receipts taxes can be collected on delivery
charges to the agency's location.
1. There is no NM State Gross Receipt Taxes applied to the price of non -construction supplies, materials and
equipment.
2. There will be NM State Gross Receipt Taxes applied to any non -construction services and professional
services based on the location of the provider.
3. There will be NM State Gross Receipt Taxes applied to any construction product and/or service based on the
physical location of the construction site.
4. Indian Reservation or Tribal Tax: If goods or services are delivered to locations on a Indian reservation or
purchased by tribal governments, they are subject to tribal taxes.
If a bidder is awarded a CES contract, prior to providing products and/or performing services that are subject to
NM State Gross Receipt or Tribal Taxes they must acquire and hold a CRS# form the New Mexico Taxation and
Revenue Department.
Termination for Non -Appropriation: Any individual CES Member"s/Participating Entity's individual contract
covered by this IFB and executed through the CES procurement process may be terminated if insufficient
appropriations or authorizations exist due to changes in state or federal law, because of court order, or because of
insufficient appropriations made available to the CES Member's governing board and/or the New Mexico State
Legislature. Such termination will be effected by sending fifteen (15) days written notice to the Contractor. The
CES Member's/Participating Entity's decision as to whether sufficient appropriations and authorizations are
available will be accepted by the Contractor and are final.
AEPA IFB 012 Part A Page 68 of 110 Due: October 14, 2011 at 1:30 pm EDT
B. Additional Member Agency's Terms and Conditions — For non -construction products and services.
Demonstrated Qualifications and Ability: The bidder must demonstrate it possesses the necessary resources
and has a proven track record to market, offer, obtain, deliver, install, and provide the sales and technical support
services to CES Members and Participating entities through the state of New Mexico in a timely and cost
effective method.
C. Additional Member Agency's Terms and Conditions — For construction products and services.
Additional Contract: Between the Contractor and a CES Member/Participating Entity based on this bid, the
terms and conditions of the IFB will prevail. A contract between the CES Member/Participating Entity and the
Contractor for construction will be an industry standard agreement. The parties may agree to use the American
Institute of Architects (AIA) General Conditions of Contract for Construction Form A201 as a guide.
Additional NMPSFA Terms and Conditions: Any
NMPSFA will require the Contractor to accept, comply
conditions, and requirements.
Bonds:
construction project involving funds provided by
with, and adhere to NMPSFA's additional terms,
1. Upon execution of a contract between a CES Member/Participating Entity and the prime Contractor for a
project with a value twenty-five thousand ($25,000) or more, performance and payment bonds from a surety
company authorized to do business in New Mexico will be provided the Member/Participating Entity as
required by New Mexico law.
2. The prime Contractor will execute a performance bond in an amount equal to one hundred percent (100%) of
the price specified in the contract between the Member/Participating Entity and the prime Contractor by a
surety company authorized to do business in New Mexico. Performance bonds between the
Member/Participating Entity and the prime Contractor will be on standard forms. This bond will protect all
persons supplying labor and material to the prime Contractor for the performance of the work provided in the
contract.
3. The prime Contractor will deliver both the performance and payment . bonds to the CES
Member/Participating Entity at the time the contract between the Member/Participating Entity and the prime
Contractor is executed and a copy will be provided to CES for its records.
4. All suits for nonpayment or nonperformance will be filed as allowed under New Mexico law.
5. Performance and payment bonds for public agencies outside New Mexico must be provided by companies
licensed to provide bonds for public entities in the state of the agency.
Any Subcontractor providing and/or performing two hundred and twenty-five thousand dollars ($225,000) or
more of work for an individual project in New Mexico must obtain and submit to the prime Contractor a
performance and payment bond equal to one hundred percent (100%) of the total project's cost from a surety
company authorized to do business in New Mexico.
Construction: As defined in the New Mexico Procurement Code Regulations under 13-1-40 NMSA 1978;
Definition: "construction" means building, altering, repairing, installing, or demolishing in the ordinary course of
business any road, highway, bridge, parking area, or related project; building, stadium or other structure; airport,
subway or similar facility; park, trail, athletic field, golf course, or similar facility; dam, reservoir, canal, ditch, or
similar facility; sewage or water treatment facility, power generating plant, pump station, natural gas
compressing station, or similar facility; sewage, water, gas, or other pipeline; transmission line; radio, television,
or other tower; water, oil, or other storage tank; shaft, tunnel, or other mining appurtenance; electrical wiring,
plumbing, or plumbing fixture, gas piping, gas appliances, or water conditioners; air conditioning conduit,
heating, or other similar mechanical work; or similar work, structures, or installations. Construction shall also
include: leveling or clearing land; excavating earth; drilling wells of any type, including but not limited to
seismographic shot holes or core drilling; and similar work, structures, or installations.
CONTRACT BETWEEN OWNER, BUYER AND CONTRACTOR (Three Party Agreements)
1. An agreement by CES, its Member/Participating Entity and a CES Contractor for the purpose of procuring
construction and professional services for a particular project must be completed for any construction project
offered and performed under this RFP with a total value of sixty thousand dollars ($60,000) or more. This
agreement must be signed by all parties prior to the Contractor starting any work.
a
AEPA IFB 012 Part A Page 69 of 110 Due: October 14, 2011 at 1:30 pm EDT
2. The Owner (Member) is an educational institution which is a party to the aforementioned Joint Powers
Agreement or NMPSFA (New Mexico Public School Facilities Authority), a state agency or Participating
Entity which is a local public body desiring to receive certain goods and services offered by the CES
Contractor under this RFP.
3. The buyer (CES) is an Entity created by a Joint Powers Agreement as Authorized by Section 11-1-1, et. seq.,
NMSA 1978, which is acting as a conduit through which title to tangible goods may be vested in the Owner.
The buyer warrants and assures the Owner that it has complied with the Procurement Code, the Public
Works Contract Act and the ' Subcontractor Fair Practices Act in contracting for procurements from CES
Contractors.
4. The Contractor is a Vendor who has responded to a Request for Proposal published by the buyer in
accordance with the Procurement Code, Section 13 -1-13 7 (A), NMSA 1978, and a resultant contract has
been issued to the Vendor of goods and services in the construction area.
5. The Contractor will be responsible for providing CES. with the information required to complete this form.
It is at the discretion of the Owner and the Contractor to determine if an additional industry standard
Owner/Contractor contract is to be executed in addition to this contract.
Quotes and Cost Proposals: All cost quotes and proposals submitted to a CES Member/Participating Entity
under this solicitation will be based on or more of the pricing methodology described and stipulated and
identified within each category/lot of this IFB. Bidders are forewarned that all pricing submitted must include
adjustments for New Mexico State wage rates if required, performance and payment bonds and New Mexico
State Gross Receipts Tax.
Federal Requirements: Contractor agrees, when working on any federally -assisted projects with more than
$2,000 in labor costs, to comply with the Contract Work Hours and Safety Standards Act, the Davis -Bacon Act
(Section 29, CFR Part 5), the Copeland "Anti -Kickback" Act, and the Equal Opportunity Employment
requirements of Executive Order 11375. In such projects, the Contractor agrees to post wage rates at the work
site and submit a copy of their payroll to the CES Member for their files. In addition, to comply with the
Copeland Act, the Contractor must keep records for three (3) years, and allow the federal grantor agency access
to these, records upon demand. All federally -assisted contracts to CES Members that exceed $10,000 may be
terminated by the federal grantee for noncompliance by the Contractor. In projects that are not federally funded,
the Contractor must agree to meet any federal, state or local requirements as necessary. In addition, if
compliance with the federal regulations increases the contract costs beyond the agreed on costs in this
solicitation, the additional costs may only apply to the portion of the work paid by the federal grantee. On all
other projects, the prices must agree with this contract.
Licenses: The prime Contractor shall possess the appropriate New Mexico Construction Industries Division
Contractor's license required to provide the construction products and perform the construction services covered
by this solicitation. Copies of the prime Contractor's licenses shall accompany their response to AEPA and be in
good standing with NMCID as of the due date and time. The Contractor must maintain and keep current all
licenses required for the performance and delivery of any and all products and services offered in its response to
this RFB. In any offer using Subcontractors, the Subcontractor must hold and maintain the appropriate New
Mexico Construction Industries Division licenses. The Contractor shall submit copies of licenses with the
response to the RFB (place behind Tab 4) and submit copies of any Subcontractors' licenses to CES prior to CES
issuing a purchase order.
NMCID: New Mexico Construction Industries Division is a state agency that is responsible for overseeing,
administering, issuing and ensuring that construction projects, Contractors, and Owners follow and comply with
New Mexico laws, rules, regulations, policies and procedures.
New Mexico State Wage Rate Documentation
1. It is the Contractor's responsibility to be acquainted with the New Mexico Department of Workforce
Solutions' rules, regulations, procedures and requirements relating to state wage rates, and to comply with
state and federal regulations regarding payment of wages on public projects. The Contractor, as established
by the New Mexico Department of Workforce Solutions and Industrial Commission, will pay wage rates for
every job performed under this contract with a total project cost of more than Sixty Thousand Dollars
($60,000) on an individual basis. The Contractor will pay all mechanics and laborers employed on the site of
the project by the Contractor, unconditionally and not less often than once a week, and without subsequent
unlawful deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage
AEPA IFB 012 Part A Page 70 of 110 Due: October 14, 2011 at 1:30 pm EDT
rates not less than those stated in the advertised specifications.
2. The New Mexico Department of Workforce Solutions requires that certain forms be completed for every
project that needs a wage decision issued. CES will submit for the wage decision and, upon receipt of the
decision, will provide it to the prime Contractor. The Contractor is responsible for completing and
submitting the required forms to the NM Department of Workforce Solutions and must provide CES with a
copy of the following required forms: NOTIFICATION OF AWARD, STATEMENT OF INTENT TO
PAY PREVAILING WAGES, and AFFIDAVIT OF WAGES PAID.
Ordering Process: Once the Contractor is notified of a Member/Participating Entity interested in having them
provide construction related products and services, the Contractor will schedule a site visit to familiarize itself
with the site and project scope of work. This is done by conducting and performing its own site investigation,
research, analysis and asking pertinent questions in order to obtain a complete and comprehensive knowledge and
understanding of the project's terms, conditions, requirements, and the Owner's expectations prior to developing,
preparing, and submitting a project cost proposal.
Payment Retention, Progress Payments:
1. In order to comply with New Mexico House Bill 320, NMSA, 2001, Section 4. A., Retain age Act, CES will
not retain any funds on progress payments during any construction projects. The prime Contractor agrees to
only request payment for goods and services delivered,' received and accepted by the Member/Participating
Entity.
2. CES will not withhold any amount for retain age, however, final payment of a contract, for which progress
payments have been made, will not be made until project is totally completed (including punch list items,
closeout documents delivered), and the final application for . payment is signed by the CES
Member/Participating Entity, received and audited by CES.
3. If the Member/Participating Entity and the prime Contractor agree to retain age or a substitute security, the
agreement must be in full compliance with New Mexico Procurement Code and House Bill 320. If a
substitute security or retain age is agreed upon, written notice must be provided to all parties prior to the
issuing of a CES purchase order.
NMPSFA: New Mexico Public School Facilities Authority is ' the administrative unit created by the New
Mexico legislature to carry out and act on behalf of the PSCOC to administer, coordinate and provide general
oversight for "state -funded construction", which is defined as a building or appurtenance to a building that is
built in whole or in part with state capital outlay monies. As part of their oversight function, NMPSFA will
receive and review construction project documents and coordinate with other state agencies such as NMCID,
Environment Department, Department of Energy, Minerals and Natural Resources, State Fire Marshal's Office,
etc., to ensure compliance with all applicable adequacy standards, rules, regulations, building, plumbing,
electrical, fire prevention, and mechanical codes adopted by the state, county, city, town or fire district in which
the construction project is located.
NM Workforce Solutions: This is state agency responsible for the overseeing, administering, issuing,
implementing and ensuring that all employers, Contractors, and Subcontractors follow and comply with New
Mexico and Federal labor laws, rules, regulations, policies, and procedures governing employment and the
general workforce.
NM Public Works Act: Sections 13-4-1 through 13-4-43 NMSA 1978 may be cited as part of the "Procurement
Code".
NM Workforce Solution Contractor Registration Requirement: In order to submit a bid or response to a
request for proposal valued at more than sixty thousand dollars ($60,000) or to be considered for award of any
portion of a public works project greater than sixty thousand dollars ($60,000) and for a public works project that
is subj ect to the Public Works Minimum Wage Act (13-4-10 NMSA 1978), the contractor, serving as a prime
contractor or subcontractor, shall be registered with the New Mexico Department of Work force Solutions,
Public Works Division.
Because this solicitation is for an indefinite quantity and the amount of work to be performed on individual
projects is not known, CES is requiring that all Offerors be registered on or before the date of the proposal
opening.
Quality Control Issues:
AEPA IFB 012 Part A Page 71 of 110 Due: October 14, 2011 at 1:30 pm EDT
a. During the course of the contract, the Member's/Participating Entity's contact person may secure
samples according to Construction Industries Division guidelines or industry standards of materials
being used from containers at the job site, and submit them to an independent laboratory for comparison
to specified material.
1) Should test results prove that a material is not functionally equal to or better than specified, the
prime Contractor will pay for all testing and any cost incurred to have materials installed to replace
those found not to comply with the specifications, and remove and dispose of the materials not
complying.
2) Should test results prove that materials tested were functionally equal to the specified material, the
prime Contractor will be notified of the results.
b. Should the Member/Participating Entity and the Contractor encounter a situation and/or condition that
they cannot agree on or resolve during the execution of the project and/or during the project close-out
process, CES has consultants under contract that either of the parties can engage to review, investigate,
evaluate, and issue a written report on their findings and propose recommendations/solutions for
addressing the concerns and issues.
PSCOC: Public School Capital Outlay Council was created by the New Mexico Legislature to govern and
establish policies, regulations, standards, and procedures and to oversee the application, review, and evaluation
and distribution processes relating to capital outlay funds appropriated and authorized by the New Mexico
Legislature.
D. Procedure for Processing Orders
Ordering Process: CES currently offers two procurement/purchasing options: the traditional and ecommerce
methods.
1. Traditional Method: Orders accepted will be processed by:
a. The Contractor provides a written quote/proposal to the customer. When a final quote/proposal is agreed
upon, a copy is provided to CES. When preparing a quote/proposal under a CES awarded contract, the
Contractor must clearly identify and separate supplies, materials, equipment, and services into individual
line items as they appear on the Contractor's awarded price schedule or pricing methodology. Stated
prices must include the CES two percent (2%) administrative fee.
b. The CES Member or Participating Entity issues a purchase order to CES based on the quote/proposal
provided referencing the Contractor's specified CES contract number.
c. When CES receives the Member's or Participating Entity's purchase order, it verifies the quote/proposal
with the Contractor's solicitation response/CES contract to ensure compliance. CES issues a purchase
order to the Contractor for two percent (2%) less than the Contractor's quote and the Member's or
Participating Entity's purchase order.
d. The Contractor provides the items or services and invoices CES for an amount not to exceed the amount
of CES' purchase order to the Contractor. Invoices must only be issued to CES.
e. CES verifies the Contractor's invoice received and issues a CES invoice to its Member or Participating
Entity.
f. The Member or Participating Entity pays CES, and CES pays the Contractor for items and services
delivered and accepted by the Member or Participating Entity and retains its 2% percent administrative
fee.
2. Ecommerce (online ordering) Method: This allows the CES Members/Participating Entities to log on to the
Contractor's website which contains only those products and services covered under the Contractor's CES
awarded contract. The Contractor delivers the product/services, sends an invoice to the Member/Participating
Entity, the Member/Participating Entity pays the Contractor, and the Contractor rebates the CES
administrative fee to CES.
Billing: All invoices will be from the Contractor to CES, its Members, or Participating Entities, and will list
CES'/Member's/Participating Entity's purchase order number(s) issued. If issued by CES, the CES
Member's/Participating Entity's name will be on the invoice. The Contractor will only issue invoices to CES,
CES Member or Participating Entity from which the purchase order was issued. The Contractor will only accept
AEPA IFB 012 Part A Page 72 of 110 Due: October 14, 2011 at 1:30 pm EDT
a purchase order from a Member or Participating Entity in accordance with the purchasing process identified
above or agreed to by CES and the Contractor.
Progress Payments: Under this solicitation, CES, its Members and Participating Entities may allow progress
payments to be made on goods and/or services received and accepted under the following conditions:
1. The agency and the Contractor agree to the terms of the progress payments prior to issuing a purchase order
to the Contractor.
2. The purchase order and/or the cost proposal in which the purchase order is based clearly identify and
describe the amount(s) to be paid and the date(s) payment(s) are to be made.
3. The agency has satisfactory method/criteria of verifying progress (milestones) stated and agreed to in the
written cost proposal and/or purchase order.
4. Payments will be made only after actual goods and/or services are verified, received, and accepted. Payments
will be made in full compliance with the agency's local administrative procedures, board policies and any/all other
applicable state rules, regulations and statutes.
Progress Payments Processing: All progress payments must be invoiced through CES. It is the responsibility
of the procurement unit and/or its designee to review and approve any estimates of work completed. If the
procurement unit -or their designee issues a written statement to the Contractor that the estimate of work is not
approved and certified, the procurement unit may withhold an amount from the progress payment determined to
be reasonably sufficient to cover the deficiency set forth in the written finding. In such cases, the Contractor
agrees to hold CES harmless for any deficiency of payment. If any payment is delayed beyond 45 days from the
due date, the Contractor agrees not to charge CES interest on the late payment. Any late charges will be the total
responsibility of the procurement unit. The Contractor can extend any due date to avoid the requirement to pay
interest. Acceptance of final payment is a waiver of all claims, with the exception of unsettled claims previously
made in writing.
E.. Agencies Allowed to Purchase under the Member Agency
Eligible Agencies: consist of any CES Member. Participating Entity or External Procurement Unit can use the
services of Cooperative Educational Services. CES reserves the right to reject any purchase authorizations it
receives under its cooperative purchasing program from New Mexico eligible agencies without cause.
External Procurement Unit: This is defined as an institution/Entity/organization that is physically located
outside the State of New Mexico that conducts public procurement activities and is authorized by the State of
New Mexico Statutes NMSA, 1978 to utilized CES' programs.
Federal Agency: [25 USC 3001 (4)] This is defined as any department, agency, or instrumentality of the
United States; any executive department, military department, government corporation, government -
controlled corporation; or any other establishment in the executive branch of government, including the
Executive Office of the President and any independent regulatory agency established through legislative
and/or administrative action.
Member of CES: Any public educational institution within the State of New Mexico that has by their board
resolution resolved to become a party of the Joint Powers Agreement and has been approved for membership by
CES' Board of Directors and the New Mexico Department of Finance and Administration in accordance with
Section 11-1-1, et. seq. NMSA 1978 is a member of CES.
Local Public Body: This is defined as all political subdivisions of the State, its agencies and institutions thereof
as defined in 13 -1-67 NMSA 1978 of the New Mexico Procurement Code.
Non -Profit, Non -Public Educational institutions and other Non -Profit Organizations (Section 501(c)(3) of
the Internal Revenue Code, Federal Tax Code): This is defined as charitable, religious, educational, public
service, support and scientific organizations, entities, and corporations that qualify as exempt organizations
under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of the Federal Tax Code.
Participating Entities: This is defined as local public body, state agency, non-public/non-profit educational
entities, other non-profit organizations, or external procurement units within the State of New Mexico or outside
the state that if within the state they would fall under one of these categories. These agencies and organizations
may participate in and purchase tangible personal property, professional, and non-professional, and construction
services through their cooperative purchasing or external procurement agreement with CES.
AEPA IFB 012 Part A Page 73 of 110 Due: October 14, 2011 at 1:30 pm EDT
State Agency (13-1-90 NMSA 1978): This is defined as any department, commission, council, board,
committee, institution, legislative body, agency, government corporation, educational institution, or official of
the executive, legislative, or judicial branch of the government of this state. "State Agency" includes the
purchasing division of the general services department and the state purchasing agent, but does not include local
public bodies.
AEPA IFB 012 Part A Page 74 of 110 Due: October 14, 2011 at 1:30 pm EDT
16. North Dakota, North Dakota Educators Service Cooperative (NDESC)
A. Additional Member Agency Terms and Conditions —All Categories
Lease and Rentals: Vendor may allow NDESC members to enter into rental, lease, or lease purchase agreements,
providing such agreements are in compliance with North Dakota Statutes and guidelines.NDESC must receive a
report annually summarizing the executed lease purchases along with a summary of the member purchases. NDESC
will not collect lease payments or be involved in the terms and conditions of the lease. All lease arrangements are
between the vendor and the NDESC member. Vendor agrees that leases will be in compliance with the Uniform
Commercial Code. A 2% administrative fee must be included in the lease cost based on the total value of the goods
and applicable services purchased. This fee is referred to under ordering process.
A Additional Member Agency Terms and Conditions -- Construction Products and Services Contractor
Licensure: Contractors engaging in business in the State of North Dakota must hold a North Dakota State
Contractor's License. This is defined in the North Dakota Century Code Chapter 43-07-01 through 43-07-04. All
bidders who will provide construction services or sub -contract construction services must attach a copy of applicable
North Dakota Contractor Licensure to the bid.
C. Procedure for Contract Award, Notification and Processing Orders
Once the award is recommended by the AEPA Review Committee, NDESC considers the recommendation based on
the value of the potential contract for its qualified members. Member is defined in Section C. In the event of an
award by the NDESC Board of Directors, NDESC will inform its members of the award, and contract by the
following methods along with contract instructions and ordering process.
(L) The contract opportunity is listed and promoted on the NDESC website.
(2.) Announcing the award in NDESC newsletters.
(3.) NDESC will publish the contract and marketing information through a hard copy marketing flier and electronic
email. Contracts are promoted through PDF and hard copy product catalog distributed at statewide trade shows and
member meetings on a regular basis.
(4.) The vendor shall quote a price to the member, in writing, using AEPA established discounts and including the
two percent (2%) administrative fee in the quoted price. The administrative fee shall be based upon the total cost of
goods and/or service including installation costs. The administrative fee shall not be listed as a separate line item on
the quote. When a member decides to purchase through the NDESC-AEPA contract, the member issues the
purchase order directly to the vendor.
(5.) NDESC members .purchasing construction related products and/or services may, at their discretion,
require the vendor to post a performance bond.
(6.) The purchase order must include the total invoiced cost, based on the total cost of goods, service, and
installation, including the 2% administrative fee.
(7.) Administrative fees are to be paid by the vendor to NDESC quarterly within 20 working days after the end of
each fiscal quarter. The AEPA vendor shall also submit to NDESC a sales report, in Excel format, listing all sales
made and payments received by the vendor in said quarter. The sales report shall be e-mailed to Jane Eastes at
ieastes@,1csc.oEg and copied to Jan Eklund at,ieklund.@,I.csc.org. The administrative fee payment shall be delivered
to Jane Eastes, NDESC, 1001 E. Mt. Faith, Fergus Falls, MN 56537. The check shall be made out to NDESC.
(8.) In the event of a lease, the total administrative fee for the value of goods shall be paid to NDESC by the vendor
at the front end of the lease.
(9.) NDESC reserves the right to review all purchase orders, lease documents and invoices to insure contract
compliance.
(10.) Vendor makes all deliveries and installations of products and services. NDESC does not warehouse items or
provide services.
(11.) NDESC requires that all participating vendors offer the contract opportunity to all NDESC qualified members.
Qualified membership is defined under section C (below).
NDESC has designated Lakes Country Service Cooperative (LCSC), 1001 E. Mt. Faith, Fergus Falls, MN as its
purchasing agent. All vendors agree to work with LCSC on all purchasing issues related to NDESC.
D. Members Purchasing Under the Agency
The NDESC has been established pursuant to the provisions of Chapter 54-40.3 of the North Dakota Century Code,
as amended. The purpose of NDESC is to assist in meeting those specific needs of the members which are
AEPA IFB 012 Part A Page 75 of 110 Due: October 14, 2011 at 1:30 pm EDT
determined to be better provided by a cooperative effort, including without limitation the joint purchasing of
programs, goods, and services which are deemed to be priority needs of the members. NDESC currently has over
170 members. Qualified members of NDESC include all North Dakota public schools, private schools and higher
education institutions and any other North Dakota political subdivisions eligible to enter into a joint powers
agreement with NDESC.
E. Governing Law
The laws of the State of North Dakota govern the Contract. Each and every provision of law and clause required by
law to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced
as though it were included. If through mistake or
otherwise any such provision is not included, or is not currently included, then upon application of either party the
Contract shall be physically amended to make such inclusion or correction.
AEPA IFB 012 Part A Page 76 of 110 Due: October 14, 2011 at 1:30 pm EDT
17. Ohio, Ohio Council of Educational Purchasing Consortia (OCEPQ
A. General Terms and Conditions that apply for all Categories:
1. Compliance with Laws/Forum Designation
Contractor shall comply with Federal, State, and Local Laws, Codes and Regulations while fulfilling the
contract. It is the Contractor's responsibility to be aware of and comply with all state and local laws
governing this procurement. Applicable laws, codes, and regulations (etc.) must be followed even if not
specifically identified herein. Contractor shall verify to the Ohio Council of Educational Purchasing
Consortia (OCEPC), its Member Agencies and other qualifying purchasers that the Contractor is complying
with all Federal, State and Local Laws, Codes and Regulations while fulfilling the contract. Moreover, this
contract shall be governed by and construed in accordance with the laws of the State of Ohio without giving
effect to its principles of conflict of law. Legal proceedings arising under this contract shall be brought in an
Ohio Court of Common Pleas of the County where the Member Agency's main office is located.
2. Delinquent Tag Affidavit
Contractor shall provide an affidavit relating to delinquent taxes as may be required by Ohio Revised Code
Section 5719.042.
3. Secretary of State Registration
Contractor shall meet and maintain all registration requirements as necessary to conduct business in the State
of Ohio, including but not limited to registration with the Ohio Secretary of State.
4. Findings for Recovery
Contractor warrants and represents that it is not subject to a finding for recovery under Ohio Revised Code
Section 9:24, or that Contractor has taken the appropriate remedial steps required under Ohio Revised Code
Section 9.24, or otherwise qualifies under Ohio Revised Code Section 9.24.
5. Ohio Workers Compensation Insurance
Contractor, and any subcontractors hired by Contractor shall, at their own expense, maintain in force for the
4.
duration of the project workers' compensation and employer's liability insurance as required by the laws of
the State of Ohio.
6. Project Personnel, Student Safety and Background Checks
Member Agency shall have the right to reject the participation of any personnel of Contractor in the
performance of the services if, in relation to the work assigned to them, the Member Agency deems such
personnel to lack the skill, experience and expertise required to perform the services or if Member Agency
considers their performance to be substandard or otherwise detrimental to the proper completion of the
services.. Contractor will advise Member Agency promptly of any change in the project manager or other
key personnel assigned to the performance of the services.
Contractor acknowledges that the safety of the Member Agency's students, employees, officials and guests is
of the utmost importance. Contractor will endeavor to ensure that its officers, employees, agents,
representatives, and consultants will take no action that would jeopardize the safety of the Member Agency's
students, employees, officials, or guests. The Member Agency reserves the right to require Contractor's
officers, employees, agents, representatives and consultants to wear identification and stay in designated
AEPA IFB 012 Part A Page 77 of 110 Due: October 14, 2011 at 1:30 pm EDT
work areas at all times while on the Member Agency's property. The Member Agency shall have the right to
effect the immediate removal of any person associated in any way with Contractor from Member Agency
property for failure to wear identification, for being outside a designated work area, for fraternizing with or
engaging in any improper behavior directed toward or in the vicinity of students, employees, officials, or
guests of the Member Agency or for any other good cause.
Contractor shall perform or cause to be performed an Ohio Bureau of Criminal Investigation and
Identification and Federal Bureau of Investigation criminal background check of any personnel that will be
performing the services within the proximity of minors. Contractor shall notify the Member Agency of any
proposed employee who has been convicted, pled guilty or pled "no contest" to a criminal offense, and the
Member Agency reserves the right to reject the proposed employee with a criminal background. No person
shall be employed by Contractor who has been found guilty of any of the criminal offenses enumerated in
Ohio Revised Code Section 3319.39 without prior approval of the Member Agency.
7. Independent Contractor
Contractor shall be an independent contractor and neither Contractor nor any of its subcontractors, nor the
employees of any thereof, shall be deemed to be the servants, employees, or agents of Member Agency.
Contractor shall be responsible for paying all costs related to its employees and managers performing the
services. Contractor shall remain liable and responsible to Member Agency for all of its obligations under
this contract, regardless of whether the services are performed by the Contractor or a subcontractor of any
tier.
8. Ownership of Instruments of Service
Drawings, data and other documents prepared by, or with the cooperation of, the Contractor pursuant to this
contract shall become, upon payment of all undisputed compensation due the Contractor from the Member
Agency, the property of the Member Agency. Such drawings, data or other documents may be used by the
Member Agency or others employed by the Member Agency without compensation to the Contractor.
9. Audit
Member Agency may audit and inspect Contractor's records and accounts at any time during the
Contractor's performance of the services and for a period of two (2) years following the completion or
termination of the services for the purpose of verifying any invoice and underlying documentation presented
by Contractor, it being understood that Contractor agrees to preserve all such documents through such two-
(2) year period.
10. Notices
Unless otherwise expressly provided in this contract, all notices and other communications given under the
contract shall be in writing and shall be deemed effective upon receipt by the addressee, at its address as set
forth in the contract or at such other address as such party shall have notified the other in writing.
11. Non -Appropriation
If the Member Agency fails to appropriate sufficient monies in any fiscal year for payments due under the
contract and other funds are not available for such payments, then a "Non -Appropriation" shall be deemed to
have occurred. If a Non -Appropriation occurs, then Member Agency will give Contractor prompt notice of
such Non -Appropriation. This contract shall thereupon terminate without penalty or expense to the Member
Agency.
AEPA IFB 012 Part A Page 78 of 110 Due: October 14, 2011 at 1:30 pm EDT
12. No Personal Liability
It is understood and agreed that under no circumstances will the Member Agency's board members, officers,
employees, or agents be personally liable for any obligations or claims arising out of or related to the
contract.
13. Miscellaneous
Headings and titles of articles, paragraphs and other subparts of this contract are for convenience of
reference only and shall not be considered in interpreting the text of this contract.
This contract and any appendices constitute the entire agreement of the parties with respect to the subject
matter hereof and supersedes all prior agreements or understandings with respect thereto.
No contract amendments can be made without the approval of the AEPA membership.
B. Non -Construction Products and Services:
1. Bus Purchases
For the purchase of school buses, the successful Contractor shall provide bonds required by
Ohio Revised Code Sections 153.54 and 153.571.
C. Construction Products and Services:
For construction improvements, the following shall apply:
1. The successful Contractor shall provide such bonds required by Ohio Revised Code Sections
153.54 and 153.571
2. Progress payments and retainage shall be in accordance with the provisions of the Ohio
Revised Code including Ohio Revised Code Sections 153.12 and 153.14.
3. In the event that the agreement is subject to the prevailing wage requirements of either Ohio
Revised Code Chapter 4115 or the Davis -Bacon Act, then the contract between the Member
Agency and the Contractor shall contain the applicable rates and such terms and provisions
as may be required by law.
4. Contractor shall comply with all applicable licensing requirements, including those of the
Ohio Construction Industry Licensing Board.
D. Procedures for Processing Orders:
The OCEPC will keep informed its Member Agencies and other qualified purchasers of contract information
via web site and through other marketing strategies. A list of OCEPC Member Agencies along with
addresses, phones, contacts, etc. will be made available to successful Contractors. After contracts are
awarded, Contractors may contact the OCEPC Member Agencies
concerning their products and services.
and other qualifying purchasers
Participating Member Agencies and other qualified purchasers will submit all purchase orders directly to the
Contractor.
AEPA IFB 012 Part A Page 79 of 110 Due: October 14, 2011 at 1:30 pm EDT
The Contractor price shall include a two percent (2%) administrative fee that the Contractor will collect from
the Member Agency or other qualified purchaser. Administrative fees are to be remitted to the OCEPC on
April 15, July 15, October 15 and January 15 of every calendar year with checks payable to the Metropolitan
Educational Council, 2100 City Gate Drive, Columbus, Ohio 43219.
The Contractor will compile a quarterly report showing all purchases made by the OCEPC Member
Agencies and other qualified purchasers under this contract at the conclusion of each calendar quarter.
These reports shall be attached to the administrative fee remittance.
E. Agencies Allowed to Purchase under Member Agenc:
All member cooperatives of the OCEPC and their individual Member Agencies are eligible to participate and
purchase from the awarded AEPA contracts. All . Ohio K-12 school districts, including 'Boards of
Developmental Disabilities, Educational Service Centers, and Instructional Technology Centers, are eligible
to participate and purchase from the awarded AEPA contracts. In addition, all colleges and universities,
state, cities, counties, townships and other governmental agencies are eligible to participate if the AEPA
contracts satisfy their individual procurement requirements.
AEPA IFB 012 Part A Page 80 of 110 Due: October 14, 2011 at 1:30 pm EDT
18. Oregon, Intermountain Educational Service District (IMESD)
A. Additional Agency Terms and Conditions
Intermountain Education Service District ("IMESD") is an educational service district organized under the laws of the STATE
OF OREGON. Pursuant to Oregon Law, IMESD is authorized to cooperate with other entities and in such regard is authorized
to cooperate with them in the purchasing of goods and services pursuant to these contract documents. As other entities cooperate
with IMESD to take advantage of the goods and services made available pursuant to these contract documents, the terms and
conditions of any such sales shall be in accordance with the contract documents.
These provisions provide: (1) instructions to Bidders that are required for certain public contracts in Oregon, (2) procedural
provisions, and (3) provisions that must be in Oregon public contracts depending upon the subject matter of the contract.
INSTRUCTIONS TO BIDDERS
1. Prevailing w ge rates/Davis-Bacon.
As set forth in the general Oregon conditions below, if this is a public works project (as defined below) Oregon State prevailing
wage rates will apply unless exempted. If federal funds are being used, Bidders must take into account the need to comply with
the Davis -Bacon Act. If both the federal and state prevailing wages are required the Contractor is required by law to pay the
greater of the applicable prevailing wage. Pursuant to ORS 279C.365 no bid will be considered unless the bid contains a
statement by the Bidder as a part of its bid that the provision of ORS279C.840 will be complied with.
(a) If contract is $50,000.00 or under and there are no federal funds involved the contract is exempted from prevailing
wages pursuant to ORS 279C.810(2) (a).
(b) If contract exceeds $50,000.00 and there are no federal funds involved, existing prevailing wage rate of the State of
Oregon will apply. No worker may be paid by any Contractor or Subcontractor a wage less than the wage required
by ORS 279C.840. Every subcontract shall include the requirements of this section. Prevailing wages, state and
federal, can be seen at the websites referred to in Section 6(a), Additional Requirements of Oregon Law for Public
Contracts, Public Works, and Improvements and Miscellaneous Provisions.
(c) If contract exceeds $50,000.00 and/or federal funds are involved, unless otherwise exempted by law, Contractor
shall comply with ORS 279C.800 to 279C.870 relating to the payment of prevailing wages; Contractor shall also
comply with the federal Davis -Bacon Act to the extent applicable. No worker may be paid by any Contractor or
Subcontractor a wage less than the wage required by ORS 279C840 and if the state and federal prevailing wage
laws both apply, Contractor shall pay as wages the great of the applicable prevailing wage. Every Subcontractor
shall include the requirements of this section. Additional Requirements of Oregon Law for Public Contracts,
Public Works, and Improvements and Miscellaneous Provisions.
2. Residence status of Bidder.
Each Bidder must identify in its bid whether the Bidder is a resident Bidder, as defined in ORS 279A.120.
3. Licensure.
If the contract involves asbestos or asbestos abatement, the contactor or subcontractor must be licensed under ORS
468A.720.
4. Bonding.
If this contract is a public improvement contract in excess of $100,000.00, at the time of the execution of the contract, the
successful Bidder shall also deliver.to the Owner good and sufficient bonds endorsed on forms supplied by Owner, in sums equal
to the contract price, for the faithful performance of the contract, and for the payment of all claims for labor, materials,
equipment, and rental equipment that may result from work performed pursuant to the contract documents. The successful
Bidder shall not be allowed to execute the contract without the concurrent delivery to the Owner of the bonds required by this
paragraph on the required forms. At owner's sole discretion, Contractor shall be subject to disqualification and forfeiture of bid
security for breach of this section. If Bidder is disqualified, Owner may award the contract to another Bidder.
5. Subcontractor Disclosure.
Unless exempted by ORS 279C.370(1)(c) for public improvement contracts, all Bidders shall within two hours of the date and
time of the deadline when bids are due submit information about certain first -tier Subcontractor when the contract value for
public improvements is greater than $100,000 (see ORS 279C.370). Specifically, when the contract amount of a first -tier
Subcontractor furnishing labor or labor and materials would be greater than or equal to: (i) 5% of the project bid, or $15,000, or
(ii ) $350,000 regardless of the percentage, Bidders must disclose the following information about that Subcontractor:
AEPA IFB 012 Part A Page 81 of 110 Due: October 14, 2011 at 1:30 pm EDT
(a) the Subcontractor's name, and
(b) the category of the work that the Subcontractor would be performing, and
(c) the dollar amount of the subcontract
If Contractor will not be using any Subcontractors that are subject to the above disclosure requirements, Contractor is required to
indicate "NONE" on the reply form.
THE OWNER MUST REJECT A BID IF THE BIDDER FAILS TO SUBMIT THE DISCLOSURE FORM WITH THIS
INFORMATION BY THE STATED DEADLINE.
FRST TIER SUBCONTRACTOR DISCLOSURE FORM
Project name:
Bid #:
Bid Opening Date:
Name of Bidding Contractor:
Required Disclosure Deadline:
Bids which are submitted by Bid Closing,_ but for which a required disclosure submittal has not been made by
the specified Disclosure Deadline, are not responsive and shall not be considered for Contract award.
See the certification above the signature line on the second page of this form regarding the Subcontractors that must be
disclosed.
The Owner will insert "NA" above if the contract value is not anticipated to exceed $100,000. Otherwise this form
must be submitted either with the bid or within two (2) working hours after the advertised bid closing date and time; but
no later than the DISCLOSURE DEADLINE stated above.
This form may not be submitted by facsimile. It is the responsibility of Bidders to submit this disclosure form and any
additional sheets, completely filled out and signed, by the specified disclosure deadline.
List below the name of each Subcontractor that will be furnishing labor or will be furnishing labor and materials and
that is required to be disclosed, the category of work that the Subcontractor will be performing and the dollar value of
the subcontract. Enter "None" if there are no Subcontractors that need to be disclosed. (Attach additional sheets if
needed.)
NAME OF
SUBCONTRACTOR
CATEGORY OF
DOLLAR VALUE
Failure to submit this form by the disclosure deadline will result in a nonresponsive bid. A nonresponsive bid will not
be considered for award.
CERTIFICATION
It is certified that the above listed first -tier Subcontractor(s) are providing labor, or labor and material, with a dollar value equal
to or greater than:
AEPA IFB 012 Part A Page 82 of 110 Due: October 14, 2011 at 1:30 pm EDT
(A) 5% of the total Contract Price, but at least $15,000 [if the dollar value is less than $15,000 do not list the
Subcontractor above], or
(B) $350,000 regardless of the percentage of the total Contract Price.
Form submitted by (insert Bidder name):
Contact name:
Telephone number:
Additional Requirements of Oregon Law for Public Contracts, Public Works, and Improvements;
Miscellaneous Provisions
"Owner" means the public entity executing the Contract of which these prov4.
isions are a part.
"Public improvement" means projects for construction, reconstruction or major renovation on real property by or for
a public agency.
"Public Works" shall mean roads, highways, buildings, structures and improvement of all types, the construction,
reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve
the public interest by does not include the reconstruction or renovation of privately owned property which is leased
by a public agency.
(1) In reference to ORS 279B.220 and 279C.505. Contractor shall:
(a) Make payment promptly, as due, to all persons supplying to Contractor labor or material for the performance
of the work provided for in the contract.
(b) Pay all contributions or amounts due the Industrial Accident Fund from the Contractor or Subcontractor
incurred in the performance of the contract.
(c) Not permit any lien or claim to be filed or prosecuted against the Owner on account of any labor or material
furnished.
(d) If the contract is for a public improvement, demonstrate to Owner that Contractor has an employee drug
testing program in place.
(e) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
(2) In reference to ORS 279C.515 regarding contracts for public improvements:
(a) If the Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services
furnished to Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due,
the Owner may pay such claim to the person furnishing the labor or services and charge the amount of the payment
against funds due or to become due the Contractor by reason of such contract.
(b) If the contract is for a public improvement and if the Contractor or a first -tier Subcontractor fails, neglects or
refuses to make payment to a person furnishing labor or materials in connection with the contract within thirty days
after receipt of payment from the Owner or a Contractor, the Contractor or first -tier Subcontractor shall owe the
person the amount due plus interest charges commencing at the end of the ten day period that payment is due under
ORS 279C.580(4)and ending upon final payment, unless payment is subject to a good faith dispute as defined in
ORS 279C.580. The rate of interest charged to the Contractor or first -tier Subcontractor on the amount due shall
equal three times the discount rate on ninety -day commercial paper in effect at the Federal Reserve Bank in the
Federal Reserve district that includes Oregon on the date that is thirty days after the date when payment was received
AEPA IFB 012 Part A Page 83 of 110 Due: October 14, 2011 at 1:30 pm EDT
from the Owner or from the Contractor, but the rate of interest shall not exceed 30 percent. The amount of interest
may not be waived.
(c) If the contract is for a public improvement, or is related to a contract for a public improvement, and if the
Contractor or a Subcontractor fails, neglects or refuses to make payment to a person furnishing labor or materials in
connection with the contract, that person may file a complaint with the Construction Contractor's Board, unless
payment is subject to a good faith dispute as defined in ORS 279C.580.
(d) The payment of a claim in the manner authorized in this section of this contract shall not relieve the
Contractor or the Contractor's surety from any obligation with respect to any unpaid claims.
(3) Relating to ORS 279B.020 and ORS 279C.520. Contractor shall comply with ORS 279B.020 and ORS
279C.520 in their entirety (when applicable), and in this regard:
(a) No person shall be employed for more than ten hours in any one day, or forty hours 'in any one week except
in cases of necessity, emergency, or where the Owner absolutely requires it, and in such cases, the employee shall be
paid at least time and half pay:
(i) For all overtime in excess of eight hours a day or forty hours in any one week when the
work week is five consecutive days, Monday through Friday; or
(ii) For all overtime in excess often hours a day or forty hours in any one week when the work
week is four consecutive days, Monday through Friday; and
(iii) For all work performed on Saturday, Sunday, and on any legal holiday specified in ORS
279B.020 and 279C.540.
(iv) Contractor shall comply with the notice and posting requirements of ORS 279B.020 and
279C.520(2).
Contractor shall pay employees for overtime work performed under this Contract in accordance with ORS 653.010 to
653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.).
(4) If the contract is for a public improvement, Contractor shall at its sole expense comply with any and all
applicable statutes or ordinances, and all regulations of any agencies, whether federal, state, local or tribal, dealing
with the prevention of environmental pollution and the preservation of natural resources including without limitation
water that affect. the performance of this contract. The following agencies, as well as others, may have pertinent
regulations:
Federal: Army Corps of Engineers, Federal Energy Regulatory Commission, Environmental Protection Agency,
Dept. of Human and Health Services, Dept. of Interior including but not limited to the US Fish and Wildlife Service,
Department of Labor, and Water Resources Council.
State: Columbia River Gorge Commission, Department of Energy, Department of Environmental
Department of Fish and Wildlife, Department of Human Resources, Soil and Water Conservation
Oregon Water Resources Department.
Local: City and County wherein the project is to be undertaken.
Tribal: Confederated Tribes of the Umatilla Indian Reservation.
Quality,
Commission, and
(5) In relation to ORS 279B.230 and 279C.530, Contractor shall comply in their entirety, and in this regard:
AEPA IFB 012 Part A Page 84 of 110 Due: October 14, 2011 at 1:30 pm EDT
(a) Contractor shall promptly, as due, make payment to any person, co -partnership, association or corporation,
furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the
employees of Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums
which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement
for the purpose of providing or paying for such service.
(b) All employers, including Contractor, that employ subject workers who work under this contract in the State
of Oregon shall comply with ORS 656.017 and provide the required workers compensation coverage, unless such
employers are exempt under ORS 656.126. Contractor shall ensure that each of its Subcontractors complies with
these requirements.
(6)(a) If the contract is for public works and is over $50,000, Contractor, unless otherwise exempted by law, shall
comply with ORS 279C.800 to 279C.870 relating to the payment of prevailing wages; Contractor shall also comply
with the federal Davis -Bacon Act to the extent applicable. The prevailing rates of wage, state and federal; made
available on the internet are hereby incorporated by reference; they may be seen at various sites including at
ww .boli.state.or.L! s °BOI.,I/WHD/PWR. and www.access.gpo.gov/davisbacon/or.html. If the state and federal
prevailing wage laws both apply, Contractor shall pay as wages the greater of the applicable prevailing wage.
Contractor shall comply with all wage reporting and certification requirements of the prevailing wage laws and/or the
Davis -Bacon Act, as applicable.
(b) Before starting Work the Contractor shall file with the Construction Contractors Board, and maintain in full
force and effect, the separate public works bond required by Oregon Laws 2005, Chapter 360, and .OAR 839-025-
0015, unless otherwise exempt under those provisions. The Contractor shall also include in every subcontract a
provision requiring the Subcontractor to have a public works bond filed with the Construction Contractors Board
before starting Work, unless otherwise exempt, and shall verify that the Subcontractor has filed a public works bond
(7) The following apply to contracts for public improvements:
(a) Contractor shall comply with ORS 279C.580, dealing with Contractor's relations with Subcontractors. Without
limiting the generality of the foregoing, in this regard Contractor shall include a clause in each subcontract for
property or services entered into by the Contractor and a first -tier Subcontractor, including a material supplier, for
the purposes of performing the contract:
(i) that obligates the Contractor to pay the first -tier Subcontractor for satisfactory performance
under its subcontract within ten days out of such amounts as are paid to the Contractor by the
Owner; and
(ii) that obligates the Contractor, if payment is not made within thirty days after receipt of
payment from the Owner, to pay to the first -tier Subcontractor an interest penalty on amounts due in
the case of each payment not made in accordance with the payment clause required by the preceding
Paragraph. The interest penalty shall be for the period beginning on the day after the required
payment date and ending on the date on which payment of the amount due is made, and shall be
computed at the rate specified in ORS 279C.515(2).
(b) Contractor shall include in each of its subcontracts, for the purpose of performance of work in relation to
project, a provision requiring the first -tier Subcontractor to include a before clause and an interest penalty clause
conforming to the foregoing standards in each of its contracts and to require each of its Subcontractors to include
such clauses in their subcontracts with each lower -tier Subcontractor or supplier.
(c) Nothing stated herein shall be construed to preclude the negotiations allowed pursuant to ORS 279C.580(5).
(8) If any work supplied pursuant to the contract requires licensing with the Construction Contractors Board or the
State Landscape Contractors Board, Contractor must be so licensed in order to submit a bid for the contract, and
AEPA IFB 012 Part A Page 85 of 110 Due: October 14, 2011 at 1:30 pm EDT
(13) Unless agreed to by Owner in writing, Contractor may not assign, transfer, dispose of, or delegate its duties
under the contract.
(14) Contractor shall be responsible for compliance with all local, state, tribal, and federal laws, applicable to any
aspect of the work to be performed. It shall be Contractor's responsibility to determine the applicability and
requirements of any such laws and to abide by them. Contractor shall indemnify, defend, and hold harmless Owner
for any default or breach of Contractor in this regard.
(15) The submission of a bid for this contract is certification by Contractor that Contractor has not discriminated and
will not discriminate in violation of ORS 279A.I 10 against any minority, women, or emerging small business
enterprises in obtaining any required subcontracts.
(16) If this contract is a public improvement contract for demolition, Contractor shall salvage or recycle
constructions and demolition debris if feasible and cost-effective.
(17) If this contract is a public improvement contract for lawn and landscape maintenance, Contractor shall compost
or mulch yard waste material at an approved site, if feasible and cost-effective.
(18) Any dispute arising out of any of the contract documents, or out of their performance, shall be decided by
4.
litigation in the Circuit Court of the State of Oregon in the county of Owner's residence, the parties consenting to
jurisdiction in said court and permanently waiving jurisdiction in any other court, state or federal. In the event of
litigation the prevailing party shall be entitled to an award of reasonable attorneys fees and costs at trial and upon any
appeal thereof.
B. Procedures for Processing Orders
PROCEDURAL
Once the award is made to the vendor, IMESD will market these contracts by: 1) including the contract on the
IMESD website, 2) announcing the award in flyers, and 3) attending vendor events throughout school year. A list of
schools, contact names, addresses and phone number can be accessed through the Oregon Department of Education
website. At this point the vendor contacts schools and schools may contact the vendor. When the school/agency
identifies a product or services and agrees on price it issues to Vendor a purchase order for that item or service,
referencing the AEPA Bid number. The purchase order must include an additional one percent (2%) administrative
fee in the total to be forwarded by the vendor to IMESD after the sale. All participating vendors agree to and are
subject to audit proceedings of IMESD member sales.
Upon receipt of the purchase order, the vendor provides the goods or service listed on the purchase order. It is
important to remember the vendor makes delivery to the member unless other arrangements are made in cooperation
with IMESD. When all items and services on the purchase order have been delivered to the member in a complete
and satisfactory manner, vendor then invoices the member for the goods and service. This invoice includes the
additional one percent (2%) administrative fee to the total amount invoiced of the goods or service provided by the
vendor. This percent is. based on the total sales of goods or services. The member then pays the vendor including the
one percent (2%) administrative fee. IMESD then invoices the Vendor for the 2% administrative fee based on the
sale of goods and services collected by the vendor.
C. Agency Members Purchasing under the UMESD
IMESD is an educational service district organized under the laws of the State of Oregon. Pursuant to Oregon Law,
IMESD is authorized to cooperate with other entities, including but not limited to Oregon schools, Oregon public
agencies, and Oregon political subdivisions, and in such regard is authorized to cooperate with them in purchasing of
goods and services pursuant to these contract documents. As other entities cooperate with IMESD to take advantage
of the goods and services made available pursuant to these contract documents, the terms and conditions of any such
sales shall be in accordance with the contract documents.
AEPA IFB 012 Part A Page 87 of 110 Due: October 14, 2011 at 1:30 pm EDT
19. Pennsylvania, Central Susquehanna Intermediate Unit d/b/a Keystone Purchasing Network
A. Additional Member Agency General Terms and Conditions that apply to all categories
The Keystone Purchasing Network (KPN) is a cooperative purchasing program operated by the Central Susquehanna
Intermediate Unit under various state inter -governmental cooperation laws and includes members in several east
coast states that.currently includes Pennsylvania, Maryland, West Virginia and Delaware. All applicable Local, State
and Federal laws and regulations will apply to any purchases of equipment, services or construction in any of these
states and to other states that may be added under the KPN membership throughout the term of these contracts.
Advertising: The KPN will require all vendors to develop a marketing program to include printed, web -based, e-
mail, telemarketing and other methods approved by the KPN. All promotional marketing materials must have the
prior approval of the KPN before distribution and must include the KPN logo and other contract information. KPN
staff will work jointly with all vendors and their representatives to joint market these bids/contract to it's members
and prospective members. An annual meeting with key marketing staff will be required with one month bid award
and then annually after renewal on contract. Complete member listing will be shared electronically with all vendors
for advertising and marketing. Vendors may be requested to do joint presentations to KPN members in either a one
to one or a group setting. Some group presentations may be done in conjunction with other vendors. Display
exhibits at various statewide conferences are encouraged.
Pricing and Ordering: Vendor will provide all pricing information in an electronic format and/or setup an
electronic ordering system that would show the current contract prices along with the KPN administrative fee of 2%
or as adjusted by the KPN. In the case of electronic ordering, the KPN would have administrative reporting
capabilities with an online ordering system. The KPN administrative fee will apply to all purchases, installation,
total lease, total rental prices and all construction and installation and annual maintenance fees and will be included
in the net price offered to the purchasing agency.
B. Additional Member Agency General Terms and Conditions for Non -Construction Products and Services
None
C. Additional Member Agency General Terms and Conditions for Construction Products and Services
The following items refer to all projects involving construction or construction related services:
Vendor and/or Contractor agrees that, in performance of the services required under this Agreement, Vendor and/or
Contractor shall abide by all Federal, State, Local, and Pennsylvania Department of Education laws, and regulations
that may apply to renovation under this bid, including, but not limited to, those "listed below. Vendor and/or
Contractor shall also abide by the laws and regulations of other states where a member is located. It is the
responsibility of the Vendor or Contractor to determine applicability and requirements of any such laws and to abide
by them. Additionally, Contractor has the sole responsibility for compliance will all other matters in conjunction
with the services to be performed hereunder and in the Invitation for Bid.
PERFORMANCE AND LABOR AND MATERIAL PAYMENT BONDS: the Contractor shall provide a
performance bond and a labor and material payment bond, each in the amount of 100% of the contract price, before
the award of the contract. (Sections 756 and 757 of the Public School Code of 1949, as amended, and the Public
Works Contractors Bond Law of 1967.)
DISCRIMINATION PROHIBITED: According to 62 Pa.C.S.A. 3701, the Contractor agrees that:
(L) In the hiring of employees for the performance of work under the contract or any subcontract, no Contractor,
Subcontractor or any person acting on behalf of the Contractor or Subcontractor shall by reason of gender, race,
creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the
work to which the employment relates.
(2.) No Contractor or Subcontractor or any person on their behalf shall in any manner discriminate against or
intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or
color.
(3.) The contract may be canceled or terminated by the government agency and all money due or to become due
under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract.
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HUMAN RELATIONS ACT: The provisions of the Pennsylvania Human Relations Act, Act 222 of October 27,
1955 (P. L. 744) (43 P.S. Section 951, ET. Seq.) of the Commonwealth of Pennsylvania prohibit discrimination
because of race, color, religious creed, ancestry, age, sex, national origin, handicap or disability, by employers,
employment agencies, labor organizations, Contractors and others. The Contractor shall agree to comply with the
provisions of this Act as amended that are made part of this specification. Your attention is directed to the language
of the Commonwealth's non-discrimination clause in 16 Pa. Code 49.101.
COMPETENT WORKMEN: Projects where the total estimated cost is $25,000 or less, Section 7-752 of the
Public School Code of 1949, no person shall be employed to do work under such contract except competent and first
class workmen and mechanics. No workmen shall be regarded as competent first class, within the meaning of this
Act, except those who are duly skilled in their respective branches of labor, and who shall be paid not less than such
rates of wages and for such hours work as shall be established and current rates of wages paid for such hours by
employers of organized labor in doing of similar work in the district where work is being done.
PENNSYLVANIA PREVAILING WAGE RATES: Projects where the total estimated cost is greater than
$25,000, paid for in whole or in part out of funds of a public body, except for maintenance work or work performed
under a rehabilitation program or manpower training program must specify "Prevailing Wages." Further information
on implementation of the act, definition of maintenance work and prevailing wage rates may be requested from the
Pennsylvania Department of Labor and Industry (800-932-0665 or 717-787-4763). When applicable, use Davis -
Bacon wage rates for federally assisted projects. This regulation and the general Pennsylvania prevailing minimum
wage rates, (Act 442 of 1961, P.L. 987, amended), as determined by the Secretary of Labor and Industry, which shall
be paid for each craft or classification of all workers needed to perform the contract during the anticipated term
therefore in the locality in which public work is performed, are made part of this specification.
(L) The general prevailing minimum wage rates including contributions for employee benefits as shall have been
determined by the Secretary of Labor and Industry (hereinafter "Secretary"), which must be paid to the workmen,
employed in the performance of the Contract.
(2.) The Contractor shall pay no less than .the wage rates as determined in the decision of the Secretary and shall
comply with the conditions of the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as
amended August 9, 1963 (Act No. 342), and the Regulations issued pursuant thereto, to assure the full and proper
payment of said rates.
(3.) These Contract provisions shall apply to all work performed on the Contract by the Contractor and to all work
performed on the contract by all Subcontractors.
(4.) The Contractor shall insert in each of his subcontracts all of the stipulations contained in these required
provisions.
(5.) No workmen may be employed on the Work except in accordance with the classifications set forth in the
decision of the Secretary. In the event that additional or different classifications are necessary the procedure set forth
in the Regulations shall be followed.
(6.) All workmen employed or working on the Work shall be paid unconditionally, regardless of whether any
contractual relationship exists or the contractual relationship which may be alleged to exist between any Contractor,
Subcontractor and workmen, not less than once a week without deductions or rebate, on any account, either directly
or indirectly, except authorized deductions, the full amount due at the time of payment, computed at the rates
applicable to the time worked in the appropriate classification. Nothing in this Contract, the Act or the Regulations
shall prohibit the payment of more than the general prevailing minimum wage rates as determined by the Secretary to
the workmen on the Work.
(7.) The Contractor and each Subcontractor shall post for the entire period of construction the wage determination
decisions of the Secretary, including the effective date of any changes thereof, in a prominent and easily accessible
place or places at the site of the work and at such place or places used by them to pay workmen their wages. The
posted notice of wage rates must contain the following information:
a. Name of project.
b. Name of public body of which it is constructed.
c. The crafts and classifications of workmen listed in the Secretary's general prevailing minimum wage rate
determination for the particular project.
d. The general prevailing minimum wage rates determined for each craft and classification and the effective date
of any changes.
e. A statement advising workmen -that if they have been paid less than the general prevailing minimum wage
rate for their job classification or that the Contractor and/or Subcontractor are not complying with the Actor the
Regulations in any manner whatsoever, they may file a protest with the Secretary within three (3) months of the
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date of the occurrence, objecting to the payment to the Contractor to the extent of the amount or amounts due or
to become due to them as wages for work performed on the Project. Any workmen paid less than the rate
specified in the Contract shall have a civil right of action for the difference between the wage paid and wages
stipulated in the Contract, which right of action must be exercised within six (6) months from the occurrence of
the event creating such right.
(8.) The Contractor and all Subcontractors, shall keep an accurate record showing the name, craft and/or
classification, number of hours worked per day, and the actual hourly rate of wage paid (including employee
benefits) to each workman employed by him in connection with the Work and such record must include any
deductions from each workman. The record shall be preserved for two (2) years from the date of payment and shall
open at all reasonable hours to the inspection of -the Owner and to the Secretary or his duly authorized representative.
(9.) Apprentices shall be limited to such numbers as shall be in accordance with a bona fide apprenticeship program
registered with and approved by the Pennsylvania Apprenticeship and Training Council and only apprentices whose
training and employment are in full compliance with the provisions of the Apprenticeship and Training Act approved
July 14, 1961 (Act No. 304) and the Rules and Regulation issued pursuant thereto shall be employed on the Work.
Any workmen using the tools of a craft that does not qualify as an apprentice within the provisions of this
submission shall be paid the rate predetermined for journeyman in that particular craft and/or classification.
(10.) Wages shall be paid without any deductions except authorized deductions. Employers not party to a contract
requiring contributions for employee benefits which the Secretary has determined to be included in the general
prevailing minimum wage rate shall pay the monetary equivalent thereof directly to the workman.
(11.) Payment of compensation to workmen for work performed on public work on a lump sum basis, or a piece
work system, or a price certain for the completion of a certain amount of work, or the production of a certain result
shall be deemed a violation of the Act and the Regulations, regardless of the average hourly earnings resulting there
from.
(12.) Each Contractor and each Subcontractor shall file a statement each week and a final statement at the conclusion
of the Work on the Contract with Owner, under oath, and in form satisfactory to the Secretary, certifying that all
workmen have been paid wages in strict conformity with the provisions of the Contract as prescribed by the
Regulations, or if any wages remain unpaid, to the amount of wages due and owing to each workman respectively.
(13.) The provision of the Act and the Regulations are incorporated by reference in the Contract.
STANDARD OF QUALITY: The various materials and products specified in the specifications by name or
description are given to establish a standard of quality and of cost for bid purposes. It is not the intent to limit the
Bidder, the bid or the evaluation of the bid to any one material or product specified but rather to describe the
minimum standard. When proprietary names are used, they shall be followed 'by the words "or alternatives of the
quality necessary to meet the specifications". A bid containing an alternative, which does not meet the specifications,
may be declared non -responsive. A bid containing an alternative may be accepted but if an award is made to that
Bidder the Bidder will be required to replace any alternatives, which do not meet the specifications.
PROVISIONS FOR THE USE OF STEEL AND STEEL PRODUCTS MADE IN THE U.S.: In accordance
with Act 3 of the 1978 General Assembly of the Commonwealth of Pennsylvania, if any steel or steel products are to
be used or supplied in the performance of the contract, only those produced in the United States as defined therein
shall be used or supplied in the performance of the contract or any subcontracts thereunder in accordance with Act
161 of 1982, cast iron products shall also be included and produced in the United States. Act 141 of 1984 further
defines "steel products" to include machinery and equipment. The act also provides clarifications and penalties.
PROHIBITION ON CASH ALLOWANCES: Cash allowances are prohibited.
TIMES) OF COMPLETION OF THE PROJECT: ContractorNendor shall complete all work within 180 days
after entry into a contract with the individual Member. Member and ContractorNendor may agree in writing on a
lesser number of workdays depending on the scope of the project.
Owner's Compliance in Retaining Payments: Unless a member stipulates otherwise, Payment Retentions and
Progress Payments shall be as follows: Ten percent (10%) of all contract payments shall be retained by the member
as insurance of proper performance of the prime Contractor. Prime Contractor agrees to identify the amount of the
invoices sent to the member school districts, then send copies of the invoices to the KPN. When fifty percent (50%)
of the work is completed, as determined by the school district, one-half (1 /2) of the amount retained shall be paid to
the prime Contractor, if the prime Contractor requests payment, provided that the prime Contractor is making
satisfactory progress and there is no specific cause for greater withholding. After the work is fifty percent (50%)
completed, no more than five percent (5%) of the amount of any subsequent progress payments shall be retained,
unless the governing board of the member determines that satisfactory progress is not being made, at which point ten
percent retention shall be reinstated. If the member and the prime Contractor agree to a substitute security, the
AEPA IFB 012 Part A Page 90 of 110 Due: October 14, 2011 at 1:30 pm EDT
3
agreement must be in full compliance with Pennsylvania law. If the substitute security is agreed to, the prime
Contractor must provide KPN and the member with assigned and acknowledged waiver of any right or power of the
obligor to set off any claim against KPN, the member, or the prime Contractor, in relationship to the security
assigned. The prime Contractor, as authorized above, will pay any interest due a Subcontractor or material supplier.
A Subcontractor to the prime Contractor may request, in writing, that the Subcontractor be notified by KPN within
five (5) days of payment of each progress payment made to the prime Contractor. It is the responsibility of the prime
Contractor to inform all suppliers and Subcontractors that this contract is a cooperative purchasing contract. Once all
bonds are- in place, the prime Contractor and the authorized agent of the member will agree in writing upon a
schedule of payments based on identifiable milestones. Retaining of payments must be done in accord with 62
Pa.C.S.A. § 3921.
A contract containing a provision for retainage as provided in section 3921 (relating to retainage) shall contain a
provision requiring the architect or engineer to make final inspection within 30 days of receipt of the request of the
Contractor for final inspection and application for final payment. If the work is substantially completed, the architect
or engineer shall issue a certificate of completion and a final certificate for payment, and the government agency
shall make payment in full within 45 days except as provided in section 3921, less only one and one-half times the
amount required to complete any then -remaining uncompleted minor items, which amount shall be certified by the
architect or engineer and, upon receipt by the government agency of any guarantee bonds which may be required, in
accordance with the contract, to insure proper workmanship for a designated period of time. The certificate given by
the architect or engineer shall list in detail each uncompleted item and a reasonable cost of completion. Final
payment of any amount withheld for the completion of the minor items shall be paid upon completion of the items in
the certificate of the engineer or architect.
WORKERS' COMPENSATION ACT: The Contractor shall accept, insofar as the work covered by their contract
is concerned, the provisions of the Workers' Compensation Act 44 of 1993, and any supplements of amendments
thereof, including any which may hereafter be passed, and shall insure the Contractor's full liability there under for
all parts of their contract being performed by the Contractor, the Contractor's partners, associates, employees or
those of any the Contractor may employ herein, or file with the Entity a certificate of exemption from insurance from
the Bureau of Workers' Compensation of the Department of Labor and Industry.
The Contractor shall, at all times, indemnify and save harmless the school entities of and from all claims for
Workers' Compensation which may be made by any of the employees of the Contractor or by any of the employees
to whom the Contractor may have let the performance of any part of the work embraced by their contract and the
Contractor shall appear for and defend the school entities against any and all such claims. The Contractor shall be
covered by Employers' Liability Insurance with a minimum limit of $250,000 for each employee, $2,000,000 policy
limit and $250,000 for each accident.
ACT 34 CRIMINAL BACKGROUND CHECKS: Independent Contractors and their employees who provide
services to a Pennsylvania school entity are required to obtain a report of "Criminal History Record Information"
from the Pennsylvania State Police. In the case of non -Pennsylvania residents, a report of "Federal Criminal Record
Information" from the FBI is required in addition to the Pennsylvania State Police Report.
Contractors shall be required to do the following:
(L) Present the original document/s Report of Criminal History Records information from the Pennsylvania State
Police, report of Federal Criminal History Record Information from the Federal Bureau of Investigation to the
Superintendent or the Superintendent's designee prior to the beginning of work for the school entity. The school
entity shall retain a copy of the background check information and shall note on that copy the date on which the
original document was inspected and the name of the administrator who viewed the original. This copy shall be
retained in the school entity records with the original being returned to the Contractor.
(2.) If any new employees are added to the workforce during the course of the work, such employee(s) must follow
the same procedure described above rior to any work for the school entity.
(3.) All costs for the Criminal History Information check(s) shall be borne by the perspective Contractor.
(4.) The school entity shall notify the Contractor in writing if the decision not to employ the Contractor or the
Contractor's employees is based in whole or in part on criminal history records information.
(5.) The school entity shall follow the regulations promulgated by the State Board of Education concerning the
confidentiality of the Criminal History Report Information obtained pursuant to the Act.
Upon written notice from the school entity, Contractors shall have all such persons removed from the project.
School entity's right to declare such persons unfit shall not be limited to the required exclusion of persons from
school property as set forth in Section 1411 of the Pennsylvania School Code and/or Act 15 f of 1994.
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CHILD PROTECTIVE SERVICES BACKGROUND CHECKS: Prior to commencing work under the contract,
the Contractor shall submit for any employee or independent Contractor who would be working on a school entity's
site pursuant to work contemplated in the contract, an official clearance statement obtain from the Pennsylvania
Department of Welfare pursuant to Act 151 of December 16, 1994 (P.L. 1292) subchapter C2 of the Child Protective
Services Act. Contractor shall not allow any prospective employee or independent Contractor on the job site prior to
providing the school entity with the above -referred clearance statement for prospective employees or independent
Contractors.
ANTIBID-RIGGING ACT (NON -COLLUSION): In accordance with the Commonwealth of Pennsylvania's
Antibid-Rigging Act, 62 Pa. C.S.A.§ 4501 et seq., the Contractor shall execute and submit with the bid a Non -
Collusion Affidavit required by the Agency. Each party to the joint venture must be identified in the bid documents,
and an Affidavit must be submitted separately on behalf of each party.
PREVENTION OF ENVIRONMENTAL POLLUTION: Section 3301 of the Pennsylvania Commonwealth
Procurement Code requires that all invitations for Bids and requests for proposals for construction projects issued by
any governmental agencies shall set forth any provision of Federal and State statutes, rules, and regulations dealing
with prevention of environmental pollution and the preservation of public natural resources that affect the Project. A
Notice of said provisions prepared by the Pennsylvania Department of Environmental Resources under Act 247 of
1972, 52 P.S. § 1612 (repealed) is available from Jeffrey L. Kimball, Cooperative Purchasing Services Director at the
Keystone Purchasing Network, 90 Lawton Lane, Milton, PA 17847. His telephone number is 570-523-1155 x2130,
and his e-mail address is jkitnball cz csiu.org,. Said Notice is hereby incorporated by reference. Contractor is hereby
notified and agrees to comply with the terms of all statutes, rules and regulations enumerated in the Notice.
ARCHITECTURAL SERVICES: For those Members who are Pennsylvania Public School Districts, and whose
projects require architectural or engineering services, your attention is directed to Section 7-751.1 of the
Pennsylvania Public School Code (24 P.S. § 7-751.1), which requires a public school district to engage an
architect/engineer that is independent from the Vendor/Contractor's architect/engineer.
MULTIPLE PRIME CONTRACTORS: For those Members who are Pennsylvania Public School Districts, your
attention is directed to Section 7-751 of the Pennsylvania Public School Code (24 P.S. § 7-751), which requires a
public school district to use separate prime Contractors for plumbing, heating and ventilating, and electrical work.
To the extent a school district's project extends beyond general construction services, the school district will need to
separately bid plumbing, heating and ventilating, and electrical work, and should consult with its individual solicitor
for compliance with Section 7-751. For other Members who are subject to multiple prime requirements under
applicable bidding laws, such Members should consult with their individual solicitors- for compliance with said
requirements.
MULTIPLE PRIME REQUIREMENTS: For Members which are Pennsylvania Public School Districts, your
attention is directed to Subsection 7-751(a) 'of the Pennsylvania Public School Code (24 P.S. § 7-751(a)), which
permits a single prime Contractor for a prefabricated unit, including all utilities such as plumbing, heating and
ventilating, and electrical work. To the extent a school district's project requires plumbing, heating and ventilating
or electrical work outside of the prefabricated unit itself, the Pennsylvania Department of Education requires school
districts to separately bid such exterior plumbing, heating and ventilating and mechanical work. For other Members
who are subject to multiple prime requirements -under applicable bidding laws, such Members should consult with
their individual solicitors for compliance with said requirements.
D. Procedure for Processing Orders
Once the award is made to the Contractor/vendor, KPN will inform its members of the contract by: (1) including the
contract in the agency database that is available on the KPN website, (2) announcing the award in its periodic
newsletter, and (3) publishing the contract information in a catalog disseminated to all members. A list of members,
institution names, contact names, addresses and phone number will be made available to the vendor in an electronic
format. At this point the Contractor/vendor contacts the members and members may contact the Contractor/vendor.
When the member identifies a product or service it issues a purchase order for that item to the vendor. The vendor's
price to its members will include the following administrative fees: currently 2% (two percent) on all supplies,
equipment and construction, rental or lease, annual subscription fee, etc.; and others administrative fees as approved
by KPN and will be collected from the member or other qualifying purchaser. KPN reserves the right to adjust the
administrative fee at any time during the duration of the contract and any renewal period or to modify the
administrative fee based on volume of purchase. The vendor will also compile a quarterly report showing all
purchases made by KPN members under this contract. The vendor will also produce an annual report for all
purchases made under this contract for a period of beginning with the award of the contract through December 31 st
and all consecutive 12-month periods if contract is extended. The vendor will make all administrative fee payments
to KPN by the 156' of the succeeding month of each 3-month period (quarterly) after they have received payment
AEPA IFB 012 Part A Page 92 of 110 Due: October 14, 2011 at 1:30 pm EDT
from the member agency and all checks are to be made payable to the Central Susquehanna Intermediate Unit
(CSIU) and sent to Keystone Purchasing Network, 90 Lawton Lane, Milton, PA 17847, and Attention: Jeff Kimball.
All reporting of purchases will be broken down by entity by state and will show purchaser, total dollar and date of
purchase. These reporting requirements may change during the contract period.
E. Agencies Allowed to Purchase under the Member Agency
The Keystone Purchasing Network(KPN) is a cooperative purchasing program operated by the Central Susquehanna
Intermediate Unit under various state inter -governmental cooperation laws. Every public school district in the state is
eligible to become a member and must complete a membership application with the KPN. No member is obligated
to use these services, but they find the benefits of low price and not needing to go through the bidding process most
advantageous. Only those members listed on an approved KPN membership list are eligible to purchase under these
contracts. This list may change during the contract period and currently includes members from Pennsylvania,
Maryland, West Virginia, Delaware, District of Columbia and other Northeast & Mid -Atlantic states. Vendors may
choose to offer the KPN in other non-AEPA member states where cooperative purchasing laws allow.
Additional members may include other public educational institutions in the state, college, university, community
colleges, vocational schools, charter schools, municipal and county governments and other non-profit organizations
from Pennsylvania or any other state where a member is located. Membership from other entities is permitted by
various intergovernmental cooperative purchasing laws or regulation from there home state.
As member agencies from other states are added to the membership of the KPN the awarded vendor(s) agrees to
abide by all state and local laws and/or regulations that may apply to any purchase of products, services or
construction by these agencies. The KPN reserves the right to market any AEPA contract under any cooperative
program name that may choose in the future on a national basis in any non-AEPA member state.
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20. TexBuy, a Cooperative Purchasing Shared Services Cooperative Sponsored by the Region 16
Education Service Center
A. Additional Agency Terms and Conditions
(1) TexBuy funding: The total cost of the TexBuy program is funded through a two percent (2%)
participation fee paid to TexBuy by the participating Contractors. This fee shall be included in all pricing
to TexBuy and its participating agencies. The fee is based on actual Contractor sales. TexBuy does not
charge any fees to participating government agencies.
(2) Tax exempt status: All government agencies participating in TexBuy are exempt from payment of taxes
under Texas Tax Code § 151309 for the purchase of tangible personal property.
(3) Minority and Women Business Enterprise (MWBE) participation: It is the policy of some TexBuy
participants to involve MWBE Contractors in the purchase of goods and services. Contractors shall
indicate on the proposal form whether or not they are an MWBE.
(4) Bid awards shall not consider whether a vendor is a member of or has another relationship with any
organization and bid specifications (and subsequent contracts) shall not deny or diminish the right of a
person to work because of the person's membership or other relationship status with respect to any
organization in accordance with Texas Education Code §44.043.
(5) Felony Conviction Notice (TexBuy Contractors will be required to sign a standard affidavit required by
the State of Texas): Texas Education Code, Section 44.034, Notification of Criminal History, Subsection
(a), states "a person or business entity that enters into a contract with a school district must give advance
notice to the district if the person or an owner or operator of the business entity has been convicted of a
felony. The notice must include a general description of the conduct resulting in the conviction of a
felony." Subsection (b) states "a school district may terminate a contract with a person or business entity
if the district determines that the person or business entity failed to give notice as required by Subsection
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or
business entity for services performed before the termination of the contract." This notice is not required
of a publicly held corporation.
(6) Criminal History Background Checks in accordance with Texas Education Code §22.0834 shall be
required should any employee or agent of a contractor awarded a bid have "continuing duties related to
the contracted services" with a school district and that employee or agent will have "direct contact with
students" (as those terms are defined in 19 Texas Administrative Code § 153.1101).
B. Additional Agency Terms and Conditions for Non -Construction Products and Services
(1) State of Texas Franchise Tax: By signature hereon, the bidder certifies that he/she is not currently
delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Texas Tax
Code.
(2) Agricultural products, including textiles and other similar products, are not to be made available to
Texas school districts through the agreement, unless such products produced, processed, or grown in the
state of Texas are given a preference in accordance with Texas Education Code §44.042.
C. Additional Agency Terms and Conditions for Construction Products and Services as required by law
in the State of Texas:
(1) Certification of Residency (TexBuy Contractors will be required to sign a standard affidavit
4.
required by the State of Texas): The State of Texas has a law concerning non-resident Contractors.
This law can be found in Texas Government Code under Chapter 2252, Subchapter A. This law makes it
necessary for TexBuy to determine the residency of its Contractors. In part, this law reads as follows:
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(a.) Section: 2252.001
"Non-resident bidder" refers to a person who is not a resident. "Resident bidder" refers- to a
person whose principal place of business is in this state, including a Contractor whose ultimate
parent company or majority owner has its principal place of business in this state."
(b.) Section: 2252.002
"A governmental entity, may not award a governmental contract to a non resident bidder unless
the nonresident underbids the lowest bid submitted by a responsible resident bidder by an
amount that is not less than the amount by which a resident bidder would be required to underbid
the nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located."
(2) Security
(a.) Bid Security, when required by Texas Law, shall be furnished with the bid. The Bid Security
shall consist of a certified check, cashier's check or a bid bond in the amount of ten percent
(10%) of the total bid (or as otherwise stated in the RFB) that shall be a guarantee to furnish
Performance and Payment Bonds. Bid Security shall be to TexBuy.
(b.) The Successful Bidder's Security will be retained until the Contract is signed and the required
Performance and Payment Bonds have been furnished. If any bidder refuses to enter into a
contract within 30 days or fails to furnish the required bonds, TexBuy will retain the.Bid
Security as liquidated damages, but not as a penalty.
(c.) Performance Bonds when required by Texas Law, shall be furnished by the successful bidder
in an amount equal to one hundred percent (100%) of the total amount of the contract sum,
underwritten by such Surety Company as the Participating Agency°may approve, conditioned
upon the faithful performance of the work in accordance with the plans, specifications, and
contract documents. Said bond shall be solely for the protection of the Participating Agency.
(d.) Payment Bonds when required by Texas Law shall be furnished by the successful bidder, in the
amount of the contract, solely for the protection of all claimants supplying labor and material as
hereinafter defined, in the prosecution of the work provided in said contract, for the use of each
claimant.
(e.) Prevailing Wage must be paid to any contractors or subcontractors or their employees or agents
in performing any work under the awarded bid.
(f.) Criminal History Background Checks in accordance with Texas Education Code §22.0834
shall be required should any employee or agent of a contractor awarded a bid have "continuing
duties related to the contracted services" with a school district and that employee or agent will
have "direct contact with students" (as those terms are defined in 19 Texas Administrative Code
153.1101).
(3) Insurance: The Contractor shall file with the Participating Agency's designee, Insurance Certificates, as
described herein, evidencing the coverage required, and shall be supplied within ten (10) calendar days
after receipt of the written "Notice of Award". In no instance shall the Contractor begin work prior to the
filing of the insurance requirements. Failure to do so shall be grounds to void the contract. The
Participating Agency's designee shall be given ten (10) days notice prior to the cancellation or change of
any of the required insurance coverage. The Participating Agency shall be named as Certificate Holder.
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(a.) Contractor's Liability Insurance: Produce and maintain in force the following kinds of insurance
of companies acceptable to the Owner. Minimum Limits of Liability are stated.
Contractor's Liability Insurance:
Employer's Insurance Workers' Compensation Statutory Employer's Liability:
Bodily Injury by Accident Each Occurrence $100,000.00
Bodily Injury by Disease Each Employee $100,000.00
Policy Limit $500,000.00
Commercial General Liability -Combined Limits of Bodily and Personal Injury and Property
Damage:
Single Limit $500,000.00
Unimpaired Aggregate $5009000.00
Comprehensive Automobile Liability - Including non -ownership, hired and owned vehicle
coverage:
Bodily Damage Each Person $250,000.00
Each Occurrence $500,000.00
Property Damage Each Occurrence $250,000.00
(b.) Owner's Insurance: Carry and pay for Owner's Protective Liability Insurance in the same
amounts as specified above for the Contractor's General Liability. Name the Architect,
Engineers, and Consultants as additional insured if applicable.
(c.) Comprehensive Catastrophic Liability: excess over the above liability policies in the amount of
$2,000,000.00 each occurrence. (Combined Limit)
D. Procedure for Processing Orders
(1) Purchase orders are issued by participating agencies to the Contractor. The purchase orders are sent to
TexBuy where they are reviewed and edited by TexBuy and forwarded to the Contractor within one
working day.
(2) "Automated contracts" may be negotiated with TexBuy that provide for purchase orders to be sent
directly to the Contractor with reports of usage submitted periodically to TexBuy.
(3) Contractors deliver goods/services directly to the participating agency and then invoice the participating
agency. The Contractor receives payment directly from the participating agency.
(4) TexBuy will invoice the Contractor on a monthly basis for the 2% participation fee. The invoice will be
based on total sales made through the TexBuy contract with the Contractor. The Contractor shall remit
payment to TexBuy at net thirty -day (30) terms.
E. Members Purchasing Under the Agency
• TexBuy is operated by Region 16 Education Service Center, Amarillo, Texas and is available for use by all
public and private schools, colleges, universities, cities, counties and other government agencies in the State of
Texas.
AEPA IFB 012 Part A Page 96 of 110 Due: October 14, 2011 at 1:30 pm EDT
21. Virginia, Fairfax County Public Schools
A. Additional Agency Terms and Conditions that apply to all categories
AUTHORITY -The Purchasing Agent has the sole responsibility and authority for negotiating, placing and when
necessary modifying every solicitation, contract and purchase order (except for capital construction projects)
issued by the County of Fairfax. In the discharge of these responsibilities, the Purchasing Agent may be assisted
by assigned Buyers. Unless specifically delegated by the County Purchasing Agent, no other County officer or
employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way
obligate the government of the County of Fairfax for indebtedness. Any purchase ordered or contract made
which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be
bound thereby.
NOTE: Fairfax County does not discriminate against faith -based organizations, in accordance with the Code of
Virginia, § 2.2-4343.1, or against a Bidder or Bidder because of race, religion, color, sek, national origin, age,
disability, or any other basis prohibited by state law relating to discrimination in employment in the performance
of its procurement activity.
GENERAL
1. DEFINITIONS -
AGENCY: Any Department, Agency, Authority, Commission, Board or other unit in the Administrative
Service of the County.
BIDDER/BIDDER: Any individual, company, .firm, corporation, partnership or other organization bidding on
solicitations issued by the Purchasing Agent and offering to enter into contracts with the County. The term
"Bidder" will be used throughout this document and shall be construed to mean "Bidder" where appropriate.
CONTRACTOR: Any individual, company, firm, corporation, partnership or other organ4.
ization to whom an
award is made by the County.
COUNTY: County of Fairfax.
GOODS: All material, equipment, supplies, printing, and automated data processing/information technology
hardware and software.
PURCHASING AGENT: The Purchasing Agent employed by the Board of Supervisors of Fairfax County,
Virginia.
SERVICES: Any work performed by an independent Contractor wherein the service rendered does not consist
primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies.
STATE: Commonwealth of Virginia.
2. FUNDING -A contract shall be deemed binding only to the extent of appropriations available to each
Agency for the purchase of goods and services.
3. CONTRACT ALTERATIONS -No alterations in the terms of a contract shall be valid or binding upon
the County unless made in writing and signed by the Purchasing Agent or his or her authorized agent.
4. SUBLETTING OF CONTRACT OR ASSIGNMENT OF .CONTRACT FUNDS -It is mutually
understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his
or her contractual duties to any other person, firm or corporation, without the previous written consent of the
Purchasing Agent. If the Contractor desires to assign his or her right to payment of the contract, Contractor
shall notify the Purchasing Agent immediately, in writing, of such assignment of right to payment. In no case
shall such assignment of contract relieve the Contractor from his or her obligations or change the terms of the
contract.
5. NEW GOODS, FRESH STOCK -All Contractors, unless otherwise specifically stated, shall provide new
commodities, fresh stock, latest model, design or pack.
6. INSPECTION -ACCEPTANCE -For determining acceptance of supplies in accordance with the
provisions of the prompt payment discount paragraph, inspection and acceptance shall be accomplished only
after examination (including testing) of supplies and services to determine whether the supplies and services
conform to the contract requirements. Acceptance shall occur only after receipt and inspection provided such
inspection, as appropriate, is accomplished within a reasonable time.
7. DELIVERY/SERVICE FAILURES -Failure of a Contractor to deliver goods or services within the time
specified, or within reasonable time as interpreted by the Purchasing Agent, or failure to make
AEPA IFB 012 Part A Page 97 of 110 Due: October 14, 2011 at 1:30 pm EDT
replacements/corrections of rejected articles/serviceswhen so requested, immediately or as directed by the
Purchasing Agent, shall constitute authority for the Purchasing Agent to purchase in the open market
articles/services of comparable grade/quality to replace the services, articles rejected, and/or not delivered. On
all such purchases, the Contractor shall reimburse the County, within a reasonable time specified by the
Purchasing Agent, for any expense incurred in excess of contract prices. Such purchases shall be deducted from
the contract quantities if applicable. Should public necessity demand it, the County reserves the right to use or
consume articles delivered or services performed which are substandard in quality, subject to an adjustment in
price to be determined by the Purchasing Agent.
8. GUARANTEES & WARRANTIES -All guarantees and warranties required shall be furnished by the
Contractor and shall be delivered to the Purchasing Agent before final payment on the contract is made. Unless
otherwise stated, manufacturer's standard warranty applies.
9. INSPECTIONS -Inspection and acceptance of materials or supplies will be made after delivery at
destinations herein specified unless otherwise stated. If inspection is made after delivery at destination herein
specified, the County will bear the expense of inspection except for the value of samples used in case of
rejection. Final inspection shall be conclusive except in regard to latent defects, fraud or such gross mistakes as
to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as
promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability
on the County for such materials or supplies as are not in accordance with the specifications.
10. POINT OF DESTINATION -All materials shipped to the County must be shipped F.O.B.
DESTINATION unless otherwise stated in the contract or purchase order. The materials must be delivered to
the "Ship to" address indicated on the purchase order.
11. ADDITIONAL CHARGES -Unless bought F.O.B. "shipping point" and Contractor prepays
transportation, no delivery charges shall be added to invoices except when express delivery is authorized and
substituted on orders for the method specified in the contract. In such cases, difference between freight or mail
and express charges may be added to invoice.
12. TERMINATION OF CONTRACTS -Contracts will remain in force for full periods specified and/or until
all articles ordered before date of termination shall have been satisfactorily delivered and accepted and
thereafter until all requirements and conditions shall have been met, unless:
a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon
termination by the County for Convenience or Cause.
b. Extended upon written authorization of the Purchasing Agent and accepted by Contractor, to permit ordering
of unordered balances or additional quantities at contract prices and in accordance with contract terms.
13. TERMINATION FOR CONVENIENCE -A contract may be terminated in whole or in part by the
County in accordance with this clause whenever the County Purchasing Agent shall determine that such a
termination is in the best interest of the County. Any such termination shall be effected by delivery to the
Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying the
extent to which performance shall be terminated and the date upon which termination becomes effective. An
equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed
for anticipated profit on unperformed services.
14. TERMINATION OF CONTRACT FOR CAUSE -
a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations
under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the County shall thereupon have the right to terminate, specifying the effective date thereof, at least
five (5) days before the effective date of such termination. In such event all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the
contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive
just and equitable compensation for any satisfactory work completed on such documents.
b. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of contract by the Contractor for the purpose of set off until
such time as the exact amount of damages due to the County from the Contractor is determined.
15. CHANGES -Should it become proper or necessary in the execution of this contract to make any change in
design, or to make any alterations which will increase the expense, the Purchasing Agent shall determine an
equitable adjustment.
No payment
shall be made
to the Contractor for any extra material or services, or of any
greater amount of
money than
stipulated
to be
paid
in the
contract, unless
some changes
in or additions
to the
contract requiring
AEPA IFB 012 Part A Page 98 of 110 Due: October 14, 2011 at 1:30 pm EDT
additional outlay by the Contractor shall first have been expressly authorized and ordered in writing by contract
amendment or otherwise furnished by the Purchasing Agent.
16. GENERAL GUARANTY -Contractor agrees to:
a. Save the County, its agents and employees harmless from liability of any nature or kind for the use of any
copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or
appliance furnished or used in the performance of a contract for which the Contractor is not the patentee,
assignee, licensee or owner.
b. Protect the County against latent defective material or workmanship and to repair or replace any damages
or marring occasioned in transit or delivery.
c. Furnish adequate protection against damage to all work and to repair damages of any. kind to the building or
equipment, to his or her own work or .to the work of other Contractors, for which his or her workers are
responsible.
d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and
regulations of the County.
e. Protect the County from loss or damage to County owned property while it is in the custody of the
Contractor.
17, SERVICE CONTRACT GUARANTY -Contractor agrees to:
a. Furnish services described in the solicitation and resultant contract at the times and places and in the manner
and subject to conditions therein set forth provided that the County may reduce the said services at any time.
b. Enter upon the performance of services with all due diligence and dispatch, assiduously press to its complete
performance, and exercise therein the highest degree of skill and competence.
c. All work and services rendered in strict conformance to all laws, statues, and ordinances and the applicable
rules, regulations, methods and procedures of all government boards, bureaus, offices and other agents.
d. Allow services to be inspected or reviewed by an employee of the County at any reasonable time and place
selected by the County. Fairfax County shall be under no obligation to compensate Contractor for any
services not rendered in strict conformity with the contract.
Stipulate that the presence of a County Inspector shall not lessen the obligation of the Contractor for
performance in accordance with the contract requirements, or be deemed a defense on the part of the Contractor
for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the
requirements of the contract documents. Any omission or failure on the part of the Inspector to disapprove or
reject any work or material shall not be construed to be an acceptance of any such defective work or material.
Notification of an omission or failure will be documented by the Purchasing Agent.
18. INDEMNIFICATION -Contractor shall indemnify, keep and save harmless the County, its agents,
officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits,
liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the
granting of a contract or which may otherwise result therefrom, if it shall be determined that the act was caused
through negligence or error, or omission of the Contractor or his or her employees, or that of the Subcontractor
or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all
charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and
if any judgment shall be rendered against the County in any such action, the Contractor shall, at his or her own
expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance
bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided.
19. NON -DISCRIMINATION -During the performance of this contract, the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race,
religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to
discrimination in employment, except where there is a bona fide occupational qualification reasonably
necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
non-discrimination clause.
b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,
will state that such Contractor is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be
deemed sufficient for the purpose of meeting the requirements of this section.
AEPA IFB 012 Part A Page 99 of 110 Due: October 14, 2011 at 1:30 pm EDT
d. The Contractor will include the provisions of the foregoing paragraphs a, b, .and c above in every subcontract
or purchase order of over $10,000 so that the provisions will be binding upon each Subcontractor or vendor.
e. Contractor and Subcontractor hereunder shall, throughout the term of this contract, comply with the Human
Rights Ordinance, Chapter 11 of the Code of the County of Fairfax, Virginia, as reenacted or amended.
20. DRUG FREE WORKPLACE -During the performance of a contract, the Contractor agrees to (i) provide
a drug -free workplace for the Contractor's employees; (ii) post in conspicuous places, available to employees
and applicants for employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the
Contractor's workplace and specifying the actions that will be taken against employees for violations of such,
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the
Contractor that the Contractor maintains a drug -free workplace; and (iv) include the provisions of the foregoing
clauses in every subcontract of over $10,000, so that the provisions will be binding upon each Subcontractor or
vendor. For the purposes of this section, "drug -free workplace" means a site for the performance of work done
in conjunction with a specific contract awarded to a Contractor in accordance with this section, the employees
of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession
or use of any controlled substance or marijuana during the performance of the contract.
21. OFFICIALS NOT TO BENEFIT -
a. Each Bidder or Bidder shall certify, upon signing a bid or proposal, that to the best of his or her knowledge
no Fairfax County official or employee having official responsibility for the procurement transaction, or
member of his or her immediate family, has received or will receive any financial benefit of more than
nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be
received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a
benefit will be received. Failure to disclose the information prescribed above may result in suspension or
debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract.
b. Whenever there is reason to believe that a financial benefit of the sort described in paragraph "a" has been or
will be received in connection with a bid, proposal or contract, and that the Contractor has failed to disclose
such benefit or has inadequately disclosed it, the County Executive, as a prerequisite to payment pursuant to
the contract, or at any other time, may require the Contractor to furnish, under oath, answers to any
interrogatories related to such possible benefit.
c. In the event the Bidder or Bidder has knowledge of benefits as outlined above, this information should be
submitted with the bid or proposal. If the above does not apply at time of award of contract and becomes
known after inception of a contract, the Bidder or Bidder shall address the disclosure of such facts to the
Fairfax County Purchasing Agent, 12000 Government Center Parkway, Suite 427, Fairfax, Virginia
22035-0013. Relevant Invitation/Request for Proposal Number (see cover sheet) should be referenced in the
disclosure.
22. LICENSE REQUIREMENT -All firms doing
business in Fairfax County, shall obtain a license as
required by Chapter 4, Article 7, of The
Code of
the County of
Fairfax, Virginia, as amended, entitled
"Business, Professional and Occupational
Licensing
(BPOL) Tax."
Questions concerning the BPOL Tax
should be directed to the Department
of Tax
Administration,
telephone (703) 222-8234 or visit:
http llw v fairfaxcoun .cgov/dta/business tax.htm. The BPOL
Tax number must be indicated in the space provided on
the Cover Sheet,
"Fairfax
License Tax No."
when
appropriate.
23. REGISTERING OF CORPORATIONS -Any foreign corporation transacting business in Virginia shall
secure a certificate of authority as required by Section 13.1-757 of the Code of Virginia, from the State
Corporation Commission, Post Office Box 1197, Richmond, Virginia 23209. The Commission may be reached
at (804) 371-9733. The consequences of failing to secure a certificate of authority are set forth in Virginia Code
Section 13.1-758.
24. COVENANT AGAINST CONTINGENT FEES -The Contractor warrants that no person or selling
agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established
commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation
of this warranty, the County shall have the right to terminate or suspend this contract without liability to the
County or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee.
25. OFFICE OF SMALL BUSINESS-
AEPA IFB 012 Part A Page 100 of 110 Due: October 14, 2011 at 1:30 pm EDT
a. It is the policy of the County of Fairfax as declared by the Fairfax County Board of Supervisors' adoption of
a Small and Minority Business Enterprise Program, April 6, 1981, that Fairfax County and its employees
undertake every effort to increase opportunity for utilization of small or minority businesses in all aspects of
procurement to the maximum extent feasible.
b. In connection with the performance of this contract, the Contractor agrees to use his or her best effort to
carry out this policy and to insure that small and minority businesses shall have the maximum practicable
opportunity to compete for subcontract work under this contract consistent with the efficient performance of
this contract.
c. As used in this contract the term "small business" means a corporation, partnership, or sole proprietorship, or
other legal entity formed for the purpose of making a profit, which is independently owned and operated, has
either fewer then 100 employees, or less than $1,000,000 in annual receipts.
d. As used in this contract, the term "minority business" means a business enterprise that is at least 51 percent
owned and controlled by a minority person. or persons. Such persons include African Americans, Hispanic
Americans, Asian Americans, American Indians, Eskimos and Aleuts; women regardless of race or ethnicity;
and persons with a physical impairment that substantially limits one or more of the major life activities of
such individuals, a record of such impairment, or who are regarded as having such an impairment.
e. Contractors may rely on oral or written representations by Subcontractors regarding their status as small
and/or minority business enterprises in lieu of independent investigation.
f. Where Federal grants or, monies are involved it is the policy of Fairfax County, through its agents and
employees, to comply with the requirements set forth in the U.S. Office of Management and Budget Circular
No. A-102, uniform administrative requirements for Grants and Cooperative Agreements with State and
Local Governments, as they pertain to small and minority business utilization.
PAYMENTS
26. TAX EXEMPTION -The County is exempt from the payment of any federal excise or any Virginia sales
tax. The price bid must be net, exclusive of taxes. However, when under established trade practice any federal
excise tax is included in the list price, a Bidder may quote the list price and shall show separately the amount of
federal tax, either as. a flat sum or as a percentage of the list price, which shall be deducted by the County.
Fairfax County's Federal Excise Tax Exemption Number is 54-74-0127K. Contractors located outside the
Commonwealth of Virginia are advised that when materials are picked up by the County , at their place of
business, they may charge and collect their own local/state sales tax. Materials used in the performance of
construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia
Retail Sales and Use Tax Regulations.
27. PAYMENT -Payment shall be made after satisfactory performance of the contract, in accordance with all
of the provisions thereof, and upon receipt of a properly completed invoice. Fairfax County reserves the right to
withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the
provision of the contract or any modifications thereto.
28. PARTIAL PAYMENTS -Unless otherwise specified, partial payments will be made upon acceptance of
materials or services so invoiced if in accordance with completion date. However, up to 5 percent (5%) of the
value of the entire order may be retained until completion of contract.
29. PAYMENT FOR EQUIPMENT, INSTALLATION, AND TESTING -When equipment requires
installation (which shall also be interpreted to mean erection and/or setting up or placing in position, service, or
use) and test, and where such installation or testing is delayed, payment may be made on the basis of 50% of the
contract price when such equipment is delivered on the site. A further allowance of 25% may be made when
the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found
to be satisfactory. If the equipment must be tested, but installation is not required to be made by the Contractor
or if the equipment must be installed but testing is not required, payment may be made on the basis of 75% at
the time of delivery and the balance shall be paid after satisfactory test or installation is completed.
REMEDIES
30. INELIGIBILITY -
a. Any person or firm suspended or debarred from participation in County procurement shall be notified in
writing by the County Purchasing Agent.
AEPA IFB 012 Part A Page 101 of 110 Due: October 14, 2011 at 1:30 pm EDT
1. The Notice of Suspension shall state the reasons for the actions taken and such decision shall be final
unless the person or firm appeals within thirty (30) days of receipt of the Notice by instituting legal
action as provided in the Code of Virginia.
2. The Notice of Debarment shall state the reasons for the actions taken and the decision shall be final
unless the person or firm appeals within thirty (30) days of receipt of the notice by instituting legal
action as provided in the Code of Virginia.
b. The County Purchasing Agent shall have the authority to suspend or debar a person or firm from bidding
on any contract for the causes stated below:
1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a
public or private contract or subcontract, or in the performance of such contract or subcontract;
2. Conviction under state or federal. statutes of embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty which currently, seriously, and directly affects responsibility as a
County Contractor;
3. Conviction under the state or federal antitrust statutes arising out of the submission of bids or
proposals;
4. Violation of contract provisions, as set forth below, of a character which is regarded by the County
Purchasing Agent to be so serious as to justify suspension or debarment action:
(a) failure without good cause to perform in accordance with the specifications or within the
time limit provided in the contract; or
(b) a recent record of failure to perform or of unsatisfactory performance in accordance with the
terms of one or more contracts; provided, that failure to perform or unsatisfactory
performance caused by acts beyond the control of the Contractor shall not be considered to
be a basis for suspension or debarment;
S. Any other cause the County Purchasing Agent determines to be so serious and compelling as to
affect responsibility as a Contractor, such as debarment by another governmental entity for any
cause listed herein, or because of prior reprimands;
6. The Contractor has abandoned performance or been terminated for default on any other Fairfax
County project;
7. The Contractor is in default on any surety bond or written guarantee on which Fairfax County is an
obligee.
c. If, upon appeal, it is determined that the action taken by the County Purchasing Agent was arbitrary or
capricious, or not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief
available to the person or firm shall be restoration of eligibility. The person or firm may not institute legal
action until all statutory requirements have been met.
31. CONTRACTUAL DISPUTES -
a. Any dispute concerning a question of fact as a result of a contract with the County which is not disposed of
by agreement shall be decided by the County Purchasing Agent, who shall reduce his decision to writing and
mail or otherwise forward a copy thereof to the Contractor within thirty (30) days. The decision of the
County Purchasing Agent shall be final and conclusive unless the Contractor appeals within six (6) months
of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A
Contractor may not institute legal action, prior to receipt of the public body's decision on the claim, unless
the public body fails to render such decision within the time specified.
b. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days
after final payment; however, written notice of the Contractor's intention to file such claim shall have been
given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein
shall preclude a contract from requiring submission of an invoice for final payment within a certain time
after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay
payment of amounts agreed due in the final payment.
32. LEGAL ACTION -No Bidder, Bidder, potential Bidder or Bidder, or Contractor shall institute any legal
action until all statutory requirements have been met.
C — Member Purchasing
33. COOPERATIVE PURCHASING -The County may participate in, sponsor, conduct or administer a
cooperative procurement agreement on behalf of or in conjunction with one or more other public bodies, or
AEPA IFB 012 Part A Page 102 of 110 Due: October 14, 2011 at 1:30 pm EDT
public` agencies or institutions or ' localities of the several states, of the United States or its territories, or the
District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative
expenses in any acquisition of goods and services. Except for contracts for architectural and engineering
services, a public body may purchase from another public body's contract even if it did not participate in the
request for proposal (RFP) or invitation for bid (IFB), if the RFP or IFB specified that the procurement was
being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by
direct or indirect means of any administrative fee that will allow for participation in any such arrangement. As
authorized by the United States Congress and consistent with applicable federal regulations, and provided the
terms of the contract permit such purchases, any county, city, town, or school board may purchase goods and
nonprofessional services from a U.S. General Services Administration contract or a contract awarded by any
other agency of the U.S. government. Bidders are advised that the resultant contract(s) may be extended, with
the authorization of the Bidder, to other public bodies, or public agencies or institutions of the United States to
permit their use of the contract at the same prices and/or discounts and terms of the resulting contract. If any
other public body decides to use the final contract, the Contractor(s) must deal directly with that public body
concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing and
payment. The County of Fairfax acts only as the "Contracting Agent" for these public bodies. It is the
Contractors responsibility to notify the public body(s) of the availability of the contract(s). Other public bodies
desiring to use this contract will need to make their own legal determinations as to whether the use of this
contract is, consistent with their laws, regulations, and other policies. Each public body has the option of
executing a separate contract with the Contractor(s). Public bodies may add terms and conditions required by
statute, ordinances, and regulations, to the extent that they do not conflict with the contracts terms and
conditions. If, when preparing such a contract, the general terms and conditions of a public body are
unacceptable to the Contractor, the Contractor may withdraw its extension of the award to that public body.
AEPA IFB 012 Part A Page 103 of 110 Due: October 14, 2011 at 1:30 pm EDT
22. Washington, King County Directors' Association (KCDA)
A. Additional Agency Terms and Conditions
General Intent: KCDA may participate in all or any part of the goods and services listed in this IFB, upon
completion of contracts currently in effect, whichever is deemed in the best interest of KCDA members. KCDA
cannot be restricted by the successful bidder from choosing which parts of these contracts to use.
Both the contractor/vendor and customer using this Contract agree that it is the customer's responsibility to perform
due diligence as to the legality of their usage of this contract. In this regard, KCDA suggests that, at a minimum,
contractor/vendor and customer considering such usage, consult with their legal counsel before doing so.
Advertising/Marketing:
KCDA requires all vendors to develop a marketing program to include printed, web -based, e-mail, telemarketing and
other methods approved by KCDA.
All promotional marketing materials must have the prior approval of KCDA before distribution and must include the
KCDA logo and other contract information.
KCDA staff will work jointly with all vendors and their representatives to market these bids/contracts to members
and prospective members. Vendors may be requested to make joint presentations to KCDA members in either a one
to one or a group setting. Some group presentations may be done in conjunction with other vendors.
Displaying exhibits at various statewide conferences are encouraged. Contractor/Vendor agrees to make available
KCDA supplied brochures or other promotional materials at these events. Contractor/Vendor will supply scheduled
exhibit dates in advance.
Contractor/Vendor agrees to insert the approved KCDA logo, web address and contact information on the
Vendor/Contractor's website promoting and providing a link to the KCDA website. Contractor/Vendor will also
provide KCDA with text, links and logos to be posted on the KCDA website.
Assignment:
Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of contractual duties to any
other person, firm or corporation without the previous written consent of KCDA and any participant that has an
outstanding open purchase order or financing arrangement.. If the Contractor wants to assign the right to payment.
In no case shall such assignment of Contract relieve the Contractor from obligations or change the terms of the
Contract.
Cancellation/Default/Termination:
KCDA reserves the right to cancel the whole or any part of this contract due to the failure by
the contractor to carry out any obligation, term or condition of the contract. KCDA will issue
written notice to the contractor for acting or failing to act in any of the following:
• The vendor fails to adequately perform the services set forth in the contract
• The vendor fails to make progress in the performance of the contract and/or gives KCDA reason to believe
the contractor will not or cannot perform to the requirements of the contract
• The contractor fails to observe any of the terms and conditions of the contract
• The contractor fails to pay any applicable administrative fees.
• The contractor fails to follow the established procedure for purchase orders, invoices and receipt of funds as
stipulated by KCDA.
• KCDA shall follow the following procedure if the contract is to be terminated:
Step 1 — Issue a warning Letter of Concern outlining the violations and length of time to correct the
problem(s). Upon receipt of the letter, the contractor shall have ten (10) business days to provide a
satisfactory response to KCDA. Failure on the part of the contractor to address adequately all issues of
concern may result in contract cancellation.
date.
Step 2 — Issue a letter of intent to cancel the contract, if the problems(s) are not resolved by a given
Step 3 — Issue a letter to terminate the contract.
AEPA IFB 012 Part A Page 104 of 110 Due: October 14, 2011 at 1:30 pm EDT
Compliance with Laws
In addition to any requirements set forth herein, vendor shall comply with all applicable state, federal and local laws,
rules, regulations and ordinances.
Contract Amendments:
KCDA reserves the right to amend the contract resulting from state law changes or internal boilerplate changes due
to state law changes. Vendors/Contractors will be sent written notification of the changes.
Employees who have been Convicted of Crimes Against Children:
The Contractor/Vendor, or any of his subcontractors, shall not utilize any employee at a school site or allow any
contact between school children and any employee when an employee has plead guilty to or been convicted any
felony crime involving the physical neglect of a child under Chapter 9A.42RCW, the physical injury or death of a
child under Chapter 9A.32 or 9A.36RCW (except motor vehicle violations under Chapter 46.61 RCW), sexual
exploitation of a child under Chapter 95.444 RCW where a minor is the victim, promoting prostitution of a minor
under Chapter 9A.88 RCW, the sale or purchase of a minor child under 9A.88 RCW, or violation of similar laws of
another jurisdiction.
Consultant/Contractors who have regularly scheduled unsupervised access to children, and/or who hire employees
who will have regularly scheduled unsupervised access to children, shall perform a record check through the
Washington State Patrol criminal identification system under RCW 43.43.830-43.43.834, 10.97.0303 and 10.97.050,
and through the Federal Bureau of Investigation before hiring the employee. The record check shall include a
fingerprint check using a complete Washington State criminal identification fingerprint card. The consultant shall
provide a copy of the record to the person applying for employment to the school location. If the
Consultant/Contractor or applicant has had a record check within the previous two years, the Consultant/Contractor
may waive the requirement. The Consultant/Contractor shall determine whether the applicant or the
Consultant/Contractor shall pay costs associated with the record check.
In addition, pursuant to RCW 9.96A.020 and 1993 Chapter Law 71, is disqualified from employment by school
districts and their Consultant/Contractors hiring employees who will have regularly scheduled unsupervised access to
children because of a prior guilty plea or conviction of a felony involving of sexual exploitation of a child under
Chapter 9.98 RCW, sexual offenses under Chapter 9A.44 RCW where a minor is the victim, promoting prostitution
of a minor under Chapter 9A.88, or a violation of similar laws of another jurisdiction, even if the time elapsed since
the guilty plea or conviction is ten years or more.
The Consultant/Contractor will comply with all applicable state and federal laws regarding hiring of employees,
including provisions of RCW 43.43.830 - 43.43.834 and RCW 10.97.030 and 10.97.050 relating to fingerprint and
background checks through the Federal Bureau of Investigation and Washington State criminal identification
fingerprint card, and RCW 9.96A.020 and the 1993 Chapter Law 71 relating to disqualification from employment.
Governing law and Venue/Legal Litigation:
All applicable local, state and federal laws and regulations will apply to any purchases of equipment, service or
public works in any of the states KCDA currently services, as well as any other non-AEPA states where members
may be added to KCDA membership throughout the term of these contracts.
The laws of the State of Washington govern the Contract. Each and every provision of law and clause required by
law to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced
as though it were included. If through mistake of otherwise any such provisions not included, or is not currently
included, then upon application of either party the Contract shall be physically amended to make such inclusion or
correction.
Venue for any litigation arising out of or related to the Contract shall take place in the State of Washington.
Hazardous Materials:
In any hazardous chemicals/materials are supplied under a contract/purchase order arising out of this solicitation, a
Material Safety Data Sheet (MSDS) shall accompany the delivery of any hazardous chemicals/materials supplied by
the vendor. All MSDA sheets shall be sent to KCDA and the KCDA member. Any appropriate products not labeled
will be refused and the vendor will be responsible for additional freight charges.
AEPA IFB 012 Part A Page 105 of 110 Due: October 14, 2011 at 1:30 pm EDT
Indemnification/Hold Harmless:
Both the contractor/vendor and customer using this Contract agree to defend, indemnify and hold KCDA's Board
members, employees and agents, free and harmless from any claims liabilities, costs, penalties, or interest arising out
of any such use.
Independent Contractor:
The Contractor shall not be held or deemed in any way to be the agent or employee of KCDA and /or a Participant. It
is the intention of the parties that the Contractor shall be and is to be considered an independent Contractor.
Minority and Women Owned Businesses:
KCDA encourages all minority and women owned businesses to participate in the bid process. Washington State
law does not allow KCDA to provide any financial advantage for minority and women owned businesses who
participate, however, KCDA believes that a diverse range of suppliers benefits all.
Quality of Goods:
Bidder shall only bid new (not used or refurbished) items only. Seller warrants all supplies, materials and equipment
and services covered by a contract/purchase order with KCDA or with a KCDA member will: (a) conform to the
specifications, drawings, written instructions, samples, or descriptions; (b) be of good quality and workmanship;(c)
be free of defects in design, materials and workmanship; (d) be merchantable; (e) be fit for particular purposes
applicable to the design, function or use of the supplies, materials and equipment.
Reciprocity:
KCDA may review responses from bidders outside the State of Washington to see if those bidders are from states
that use restrictions against companies from the State of Washington when they respond to public bids. KCDA may
use this information in making bid awards when multiple bidders appear to have submitted the same pricing, terms
and conditions on a particular bid item or items.
Taxes:
The KCDA members and Associate -Members are to be taxed.
Term of Contract:
The term of the agreement shall commence on the date of the award and continue as stipulated in the general terms
and conditions, unless terminated, canceled or extended.
Use of Tobacco on School Districts/Public Agency Premises:
RCW 28A.210.310 prohibits the use of tobacco in any form on school district property. Smoking_ or other use of
tobacco will not be permitted at the job site.
B.. Processing Orders Procedure:
• Once the award is made to the Contractor/Vendor, KCDA will inform customer of the contract.
• At this point the Contractor/Vendor may directly contact customers or the customer may contact the
Contractor/Vendor.
• A list of members, addresses and phone numbers is available to the contractor/vendor.
• Before a contractor may enter into business with a KCDA customer, they need to verify the customer is a
KCDA member which can be viewed under Membership on the KCDA website.
%0 After entering into an agreement with KCDA, the directions for placement of orders will be posted on the
KCDA website for both Contractor/Vendor and customer. They will be posted on each vendor/contractor's
awarded vendor page.
C. Invoicing/Reporting:
• KCDA will contact Vendors/Contractors about invoicing procedures.
• KCDA is funded through a service fee paid to KCDA by the participating Contractor/Vendors. The service
fee percentage is based upon the total sale of goods and services, including installation, if included. This fee
shall be reflected in all price quotations under the KCDA agreement. Do not print the service fee as a line
item on the quotation. The service fee will be 2%.
• The Contractor/Vendor will compile a electronic quarterly report listing each purchase made by participating
customers and send them 30 days after each quarter period and send them to the e-mail address of the
AEPA IFB 012 Part A Page 106 of 110 Due: October 14, 2011 at 1:30 pm EDT
Executive Director, Jim Borrow jborrow@kcda.org and Director of Finance, Robert Payne
Ram rkc4arg
• These reports shall be in Microsoft Excel format and shall have file names that identify the contractor/vendor
and the month being reported. They shall include the following fields and allow for sorting on any of the
fields: Date of order, name of customer, item purchased, quantity, unit price, extended price, customer PO #,
vendor/contractor order number.
• KCDA reserves the right to change the contact name of existing KCDA personnel administering the contract.
If there are personnel changes; reports and payments will be sent to the new contact(s) specified.
D. Construction/Public Work Projects/Prevailing Wage/Bonds/Licenses and
Certificates of Insurance
Vendor and/or Contractor agree that, in performance of the services required under this
agreement, Vendor/Contractor shall abide by all federal, state, local and Washington law
and regulations that may apply to construction and public works. It is the responsibility of
the Vendor/Contractor to determine applicability and requirements of any such laws and
to abide by them.
• Public Works:
Statute requires workers be paid prevailing wages when employed on public works projects and on public
building service maintenance. RCW 39.04.010, RCW 39.12.010 and 020. It is the contractor's
responsibility to acquaint him/her with, and comply with State regulations regarding payment of prevailing
wages on public works projects. The contractor, as established by the Washington State Department of
Labor and Industries, will pay prevailing wage rates, for every job which performs public works work. See
further explanation in Public Works Application section below.
Application: The Public Works Act regulated wages paid to workers, laborers and mechanics performing
public work. It does not apply to work that is clerical, executive administrative or professional in nature. It
does not apply to work of a secretary, engineer or administrator, unless they are performing construction
work, alteration work, repair work, etc. Prevailing wage application depends on the work that is performed,
regardless of the worker's job title. RCW 39.12.020 and WAC 296-128-510 through 530.
Definition: Public Works is all work, construction, alteration, repair or improvement that is executed at the
cost of the state or any other local public agency. This includes, but is not* limited to, demolition,
remodeling, renovation, road construction, building construction, ferry construction and utilities
construction. RCW 39.04.010.
Public Building Service Maintenance Contracts: Prevailing wages are also required on all public building
service maintenance (janitorial) contracts. RCW 39.12.020
Contractors entering into a Public works project exceeding $1,000,000.00 must declare who their HVAC,
Plumbing and Electrical subcontractors will be and submit with bid documents in order for the bid to be
valid.
• Prevailing Wage:
Definition: Prevailing Wage is the hourly wage, usual benefits and overtime, paid in the largest city in each
county, to the majority of workers, laborers and mechanics. The rate is established the Department of Labor
and Industries for each trade and occupation employed in the performance of public work. If Federal funds
are used, bidders must comply with provisions of Davis -Bacon Act.
Basic procedures: A Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid must be filed
and approved for the contractor and all subcontractors. KCDA may not make any payments until all
vendors/contractors have submitted an approved intent form. KCDA may not release retainage until all
vendors/contractors have submitted an Affidavit of Wages Paid form certified by the Industrial Statistician.
RCW 39.12.0301,040, 042. Once the work is.successfully completed, KCDA will release 95% of the project
cost and withhold 5% for 45 days as dictated by law. The final 5% will be paid when the following is
completed: Receipt of Affidavit of Wages Paid Forms, Releases from Washington State Department of
AEPA IFB 012 Part A Page 107 of 110 Due: October 14, 2011 at 1:30 pm EDT
Labor & Industries, Employment Security Department and the Department of Revenue and acceptance of
goods and services to the satisfaction of the KCDA ordering member.
• Bonds- Payment & Performance:
The prime contractor/vendor shall provide a Performance and Payment Bond to both the KCDA customer
and KCDA, before work begins, for 100% of the contract price. The only exception is for contracts of thirty-
five thousand ($35,000) dollars or less. In this instance, at the option of the contractor/vendor, the customer
may, in lieu of the bond retain fifty percent of the contract amount for a period of thirty days after date of
final acceptance, or until receipt of all necessary releases from the Department of Revenue and the
Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever
is later. The bond shall be issued by a surety company authorized to do business in the State of Washington
and shall be on standard forms used for public projects. RCW 39.08.010
Performance and Payment bonds for KCDA customers outside Washington must be provided by companies
licensed to provide bonds for public entities in the customer's state.
• Licenses: The prime contractor shall possess and maintain in current status all federal, state, and local
licenses, bonds, and permits required for the performance and delivery an any and all products and services
offered in its response to the contract. Any bidder using subcontractors must hold a current and appropriate
contractor's license as required in Washington, as well as states outside Washington in which KCDA may
market. It is the responsibility of the contractor to ensure any subcontractors performing under this contract
hold and maintain appropriate licenses. Copies of licenses must be submitted to the customer prior to
performing the work. The contractor shall submit copies of licenses with the response to this contract. The
contractor/vendor agrees to keep and ensure subcontractors keep any required license, permit or bond current
and in compliance with Washington rules, regulations and statutes. For work performed for any Washington
State school district, public agency or municipality, the Vendor/Contractor must comply with the bidder
responsibility requirements of RCW 39.04.350 prior to the KCDA customer awarding a contract. The
contractor must verify the responsibility of all subcontractors used in accordance with RCW 39.06.020.
• Permits: The acquisition of all permits as well as any drawings needed to obtain those permits is the
responsibility of the successful Contractor/bidder.
• Certificate of Insurance: Certificate of Insurance: A certificate of insurance must be provided to KCDA
and the KCDA customer prior to performance of the work demonstrating current coverage of the types and
amounts of insurance required. In addition, the Commercial General Liability policies must be endorsed to
name KCDA and the KCDA customer as additional insured's. Such policies must be further endorsed to
provide that the insurance is primary as respects KCDA and the KCDA customer, and that any other
insurance maintained by KCDA and the KCDA customer shall be excess and not contributing insurance with
the Contractor/Vendor's insurance. These endorsements must be provided along with the certificate of
insurance. KCDA and the KCDA customer must both approve the certificate of insurance and
endorsements.
• Acceptable Pricing Method:
KCDA is unable to accept Alternative Costing Method quotations except in certain limited instances, (i.e.
sole source) in which KCDA and Vendor/Contractor may mutually determine the Alternative Costing
Method is acceptable. This will be the exception rather than the rule. RS Means or line item bid pricing is
acceptable.
E. Members Purchasing Under KCDA:
King County Directors' Association (KCDA) is a member owned purchasing cooperative
representing 294 Washington State school districts. In addition, KCDA provides purchasing
and procurement services for numerous public agencies and political subdivisions in other states, including
but not limited to Alaska, Idaho and Montana. KCDA also provides purchasing services for private K-12
schools in Washington State.
All school districts and other public agencies in the State of Oregon who are or may become
associate members of KCDA may participate in the contract(s) awarded as a result of this IFB.
A listing of all KCDA members is available on the KCDA website, www.kcda.org
AEPA IFB 012 Part A Page 108 of 110 Due: October 14, 2011 at 1:30 pm EDT
23. Wisconsin, Cooperative Educational Service Agency (CESA) #2
A. Additional Terms and Conditions
Vendor must comply with all applicable Federal, State (Wisconsin State Statutes 16.70 to 16.848) and Local Laws.
Construction contracts are subject to Wisconsin State Statutes 16.855 or 6b.0901.
B. Procedure for Processing Orders
1. Once the award is made to the vendor, CESA Purchasing will inform its members of the contract by
announcing the award online, other CESA Purchasing member presentations as well as regular electronic
mail communications to members.
2. CESA Purchasing may require a marketing flier from each vendor promoting the contract and AEPA
relationship.
a. CESA Purchasing will assist in the development of the marketing flier and material. This flier will
be for distribution as well as posted on the CESA Purchasing online catalog and disseminated to all
members. At this point the vendor must contact the members and members may contact the vendor.
Note: CESA Purchasing requires the awarded vendor to take ownership and actively promote the
contract in cooperation with CESA Purchasing to all qualified customers.
3. When the member identifies a desired product or service as available through the AEPA contract and agrees
on price as presented to the member by the awarded AEPA vendor, the member then issues to the vendor a
purchase order for that item or service.
4. The Vendor's price must include the two percent (2%) administrative fee in the total cost, based on the total
cost of goods and service including installation and freight if applicable. This fee is to be forwarded by the
vendor to CESA Purchasing after the sale and payment is made to vendor. Payment shall be made to CESA
Purchasing on a quarterly basis along with complete sales history during that period.
5. Vendor makes all deliveries and installations of products and services. CESA Purchasing does not
warehouse items nor provide services.
6. All participating vendors agree to and are subject to audit proceedings of AEPA member sales.
C. Members Purchasing Under CESA
Cooperative Educational Service Agencies are defined under Wisconsin State Statutes Chapter 116. Members
include: school districts, University of Wisconsin System institutions, and technical colleges. All public,
private, and tribal schools, and all public and private agencies and organizations, that provide services to pupils.
AEPA IFB 012 Part A Page 109 of 110 Due: October 14, 2011 at 1:30 pm EDT
24. Wyoming, Northeast Wyoming Board of Cooperative Educational Services (NEW BOLES)
B. Additional Terms and Conditions
Upon execution of this document, the respondent hereby agrees to submit bids and NEW BOCES agrees to accept
such bids under the following conditions:
Public Works and Contracts: Vendor shall comply with any and all laws, whether local, . state, federal, or
otherwise, applicable to any aspect of the service or product to be provided in relation to the contract. It shall be the
vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them.
Vendor shall indemnify, defend, and hold harmless NEW BOCES for any default or breach of vendor in this regard.
To the extent applicable for the product or service bid, vendor shall comply with W.S. 16-6-101 to 16-6-602 and to
W.S. 21-3-110(a) (viii) (copies available upon request).
A Procedure for Processing Orders
Upon bid award to the Contractor/vendor, NEW BOCES will inform its members and other qualifying purchasers of
the contract by: 1) including the contract on the NEW BOCES website, 2) announcing the award in its periodic
newsletter, and 3) publishing the contract information in a catalog disseminated to all members and other qualifying
purchasers. A list of members and other qualifying purchasers, contact persons, addresses, and phone numbers will
be made available to the Contractor. When a member or other qualifying purchaser identifies a product or service for
procurement, they issue a purchase order for that product or service. The vendor's price shall include a one percent
(1 %) administrative fee that the vendor will collect from the member or other, qualifying purchaser. This amount
will be remitted to NEW BOCES on a quarterly basis. The vendor will compile an annual report showing all
purchases made by NEW BOCES members and other qualifying purchasers under this contract at the conclusion of
each calendar year.
Administrative fees will be payable to NEW BOCES on the 15th of the month succeeding each quarter and all checks
are payable to NEW BOCES, 410 North Miller Avenue, Gillette, Wyoming 82716, Att: Business Manager.
C. Members Purchasing Under NEW BOCES
NEW BOCES is an educational cooperative authorized under the provisions of W.S. 21-20-101 to 21-20-111. Each
of the K-12 school districts in the state is eligible to participate in NEW BOCES cooperative purchasing programs.
No district is obligated to use these services but they find the benefits of economy and efficiency made possible by
cooperative purchasing to be advantageous. Additional qualifying purchasers may include other public or non-profit
educational institutions in the state.
(End of Part A )
AEPA IFB 012 Part A Page 110 of 110 Due: October 14, 2011 at 1:30 pm EDT
1.
AEPA IFB #012-C SYNTHETIC TURF
ATHLETIC/RECREATIONAL FACILITY INDOOR AND OUTDOOR
SYNTHETIC TURF FOR ATHLETIC FIELDS, PLAYGROUNDS, GOLF
COURSES AND LANDSCAPING TO INCLUDE INSTALLATION,
RENOVATION, MAINTENANCE,
PRODUCTS AND SERVICES
PART B — SPECIFICATIONS
TABLE OF CONTENTS
1. Scope & Type of Bid.................................................................................1
2. Anticipated AEPA Member Agency Participation................................3
3. Glossary of Terms.....................................................................................4
4. Special Terms and Conditions....
5. Specifications...........................................................................................19
6. Substantiating Documentation..............................................................51
Scope of Bid
AEPA is seeking qualified, experienced contractor(s) who possess the necessary resources
and acquire, capabilities to deliver and perform the required supplies, materials equipment
p
and labor to all 24 member states necessary to:
I.I. Consult and work with individual educational institutions and governmental institutions
to assess and evaluate their existing athletic and recreational indoor and or outdoor
playing
fields, playgrounds, golf courses, parks, areas around buildings and related
facilities to determine and develop a complete and comprehensive solution for new
installations, �
llat'ons maintenance, restoration and resurfacing of existing facilities to a
condition that meets or exceeds federal, state, local and/or industry standards.
1.2. Assist and work with AEPA Member agencies and governmental institutions in
planning, , designing and implementing a construction program to construct new field or
facilities that meet or exceed the institution's requirements and industry standards.
AEPA IFB 012-C- Page 1 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
1.3. Perform the required site work to prepare the individual project site to have the synthetic
turf or surface installed. Such work may include but is not limited to clearing,
excavation, fill, leveling, drainage work, preparing the base course, soil testing etc., to
prepare for the installation of the final turf or field surface.
1.4. Perform the work required to restore, repair, renovate an existing synthetic turf or
surface and associated facilities to good working conditions and so that it meets or
exceeds the institution's program requirements, manufacturer's specifications, industry
standards and governing agencies and organizations rules, regulations and requirements.
1.5. Provide the necessary labor, supplies, materials and equipment to properly and
professionally strip, line and provide any event markings required for athletic or
recreational events to be held on or within the AEPA Member agencies and
governmental institutions facility.
1.6. Provide the necessary athletic event hardware, equipment and accessories required to
properly conduct any identified athletic events in accordance with the national or state
governing organizations that oversee those athletic activities identified.
1.7. Perform and complete any warranty work required in accordance with this solicitation's
requirements, manufacturer's instructions and specifications and industry standards.
1.8. Offer and make available upon request the necessary products and services for the owner
to make minor repairs to and to maintain the athletic or recreational turf, surface, event
hardware or facility in good condition throughout its life cycle.
1.9. Offer and provide AEPA Member agencies and governmental institutions staff with the
training, technical support, maintenance instructions, supplies and equipment for them to
properly operate, maintain and protect their investment through its life cycle.
The offeror should note that AEPA member states prefer providers/contractors that can provide
and perform the scope of work as indicated in items one (1) through nine (9) above as a turn -key
solution. However, it is also recognized that there are providers/contractors that specialize in
only providing and installing the turf/field surfaces or striping, lining and marking of these types
of facilities. Responses can be made for any of the major components of assessing, designing,
developing, constructing, renovating, repairing and maintaining the various types of
athletic/recreational facilities requested and described herein. Under the terms of this solicitation,
AEPA reserves the right to accept or reject offeror responses that do not offer a turn -key solution
for the complete scope of work indicated above.
TvDe of Bid
YES NO 'TYPE OF BID
CATALOG: See page 21 of AEPA 012 Part A for definition.
LINE ITEM: See page 21 of AEPA 012 Part A for definition. Other pricing methods may be
used along with Line Item pricing.
AEPA IFB 012-C- Page 2 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
2. Anticipated
surfaces)
AEPA Member Agency Participation (combined total for all athletic
State
Participate
es/No/
Undecided)
Estimated First
year Purchase
Volume
% Growth
for Year 2-4
State
Participate ,
articipate (Yes/No/
Undecided)
Estimated First
year Purchase
Volume
% Growth
for Year 2-4
California
Yes
$100,1000
1 %
Colorado
Yes
-$1009000
2%
Connecticut
Yes
$5009000
10%
Florida
Yes
$259000
5%
Indiana
No
Iowa
No
Kansas
Yes
$195009000
5%
Kentucky
Yes
$3009000
3%
Massachusetts
No
Michigan
Yes
$509000
5%
Minnesota
Yes
$75,000
5%
Missouri
Yes
$295009000
5%
Montana
Yes
$5009000
0%
Nebraska
No
New Mexico
Yes
$550009000
5%
North Dakota
Yes
$509000
5%
Ohio
Yes
$190009000
3%
Oregon
Yes
$1009000
50%
Pennsylvania
Yes
$890009000
10%
Texas
Yes
$2009000
10%
Virginia
Yes
$600,000
5%
Washington
Yes
$59,0009000
10%
Wisconsin
Yes
$1,2509000
10%
Wyoming
Yes
$1009000
20%
':v'6.•'•.,•`,•4:},ist::j:4::$}:$}$:4}<:::;::•'?}:: i}:{G::;::r::$::r: ?:;Y.
.'`. }},..♦:4\ -.\, •.
{ `::ii\'"♦
{.. v. ..?\. n?,}.:,.,..{......,.. ,p.{•................•.v.
.,:::,h:....p.. ,♦$Lu•.:•.,,v., iL \wx:.+..,v,, .,:.{.. .h, ....., . ...:
„\
Estimated Total
26 950 000 •
THIS CHART IS A TOTAL COMBINED PARTICIPATION FOR ALL ATHLETIC
SURFACES INCLUDING: HARDWOOD & SYNTHETIC FLOOR, SYNTHETIC
TURF AND OUTDOOR TRACKS AND COURT SURFACES.
Please note that individual AEPA state agencies that have indicated above they would like to
'participate in any contract awarded under this solicitation does not guarantee or mean that the
individual AEPA Member Agency will enter into a contract with any AEPA approved
vendor. Each AEPA Member Agency will make that determination after reviewing vendor
responses and AEPA's recommendation for acceptance and bid award. The AEPA Member
Agency's contracting decision shall be final.
The above information relating to the estimated/projected volume for the first year for this
solicitation is provided based on submittals from its members. AEPA Member Agencies
anticipate that purchase volumes will increase in contract years two through four (2-4). This
information is provided as an aid to offerors in preparing bids only. It is not to be considered a
guarantee of volume under this IFB. The successful vendor's discount and pricing schedule shall
apply regardless of the volume of business under the contract.
AEPA IFB 012-C- Page 3 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
3. Glossary of Terms
AAMA: American Architectural Manufacturers Association (847) 303-5664, www.aamanet.or
AAU: Amateur Athletic Union (407) 934-7200 www.aauathletics.M
Abbreviations and Acronyms for Standards and Regulations: Where abbreviations and
acronyms are used in specifications or other contract documents, they shall mean the recognized
name of the organizations responsible for the, standards and regulations in the following list.
Names, telephone numbers and websites are subject to change and are believed to be accurate and
up-to-date as of the date of the contract documents.
ACI: American Concrete Institute (248) 848-3700, www.aci-int.or
ADA: Americans with Disabilities Act - ADA (42 USC Section 12101 et seq.) (800) 872-2253,
w wv.access-board.gov
ADAAG: Americans with Disabilities Act Architectural Guidelines (800) 872-2253,
www.access-board. ov
AEPA Member Agency: A state cooperative purchasing agency recognized by AEPA to
represent a specified state in contracting activities associated with this solicitation.
AGCA: Associated General Contractors of America (The) (703) 548-3118, www.agc•org
Al: Asphalt Institute (859) 822-4960, www.asphaltinstitute.org
AIA: American Institute of Architects (The) (800) 242-3837, www.aia.or�
ALCA: Associated Landscape Contractors of America (Now PLANET —Professional Landcare
Network)
Alternative Costing: If a project requires goods and services that are not covered by R.S. Means
or a nationally published price list, the offeror will be required to obtain three (3) written cost
proposals from local providers. Use the most advantageous cost proposal and add their normal
and customary mark-up and overhead provided as part of their response to obtain the
normal/retail cost. The stated AEPA discount will then be taken to arrive at the AEPA price. All
products and services falling under this category must be submitted in advance and approved by
the AEPA Member's Agency prior to being included in any quote or proposal from the
contractor.
If a product or service is required that must be custom designed and manufactured to meet an
individual project site's conditions and/or provided for a unique application or project, the
contractor must utilize the alternative costing method described above.
AEPA Members and/or their institutions reserve the right to accept or reject any third party cost
proposals or quotes provided by the offeror.
If a product or service is required as part of the performance under this solicitation that can only
be obtained and/or manufactured from a single source and falls under the sole source provision of
some state's procurement codes, the contractor must provide the AEPA Member's Agency with
the necessary documentation to substantiate the purchasing method.
ANSI: American National Standards Institute (202) 293-8020, www.ansi.org
API: American Petroleum Institute (202) 682-8000, www.api.org
AEPA IFB 012-C- Page 4 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
3. Glossary of Terms
Approved: Is defined as conveying authorization or action on the contractor's submittals,
applications and/or requests. The owner shall identify and establish within the contract documents
who its' designated representative is and the parameters of the individual's duties, responsibilities
and authority.
ASBA: American Sports Builders Association (866) 501-2722, www.sportsbuilders.or
ASCE: American Society of Civil Engineers (800) 548-2723, www.asce.org
ASTM: American Society for Testing and Materials International (610) 832-9585, vwwv.astm.org
Bonding Requirements: Each of the AEPA Member states have their own bonding
requirements. It is the offeror's responsibility to be acquainted with each state's rules,
regulations, procedures and requirements relating to payment and performance bonds, and to
comply with each state's requirement and the following:
1. Upon execution of a contract between an AEPA Member's Agency and the offeror,
performance and payment bonds shall be provided to the institution as required by each
state's law.
2. The offeror shall execute a performance bond in an amount equal to one hundred percent
(100%) of the price specified in the contract between the member institution and from a
surety company authorized to do business in that individual state. Performance bonds
shall be on standard forms.
3. A payment bond, in an amount equal to one hundred percent (100%) of the price
specified in the contract between the member institution and the offeror, shall be
executed by a surety company authorized to do business in that individual state. This
bond will protect all persons supplying labor and materials to the offeror for the
performance of the work provided in the contract. Payment bonds shall be on standard
forms.
4. The offeror shall deliver both the performance and payment bonds to the member
institution at the time the project contract is executed.
5. All suits for non-payment or non-performance shall be filed as allowed under each state's
law.
6. If required by the AEPA Member, the offeror will be responsible for providing the
agency with copies of all contracts and bonds in accordance with their purchasing
procedures.
UFA: Chemical Fabrics & Film Association, Inc. (206) 241-7333, www.chemical
fabricsandfilm.com
CLFMI: Chain Link Fence Manufacturers Institute (301) 596-2583, www.chainlinkinfo.or
Contract Between AEPA Member's Agency and the Offeror: In any contract between the
offeror and an AEPA Member's Agency for athletic facilities covered by this solicitation, the
terms and conditions listed herein will prevail. A contract between the offeror and the AEPA
Member institution for any construction services shall contain all elements of and be an industry
standard agreement.
AEPA IFB 012-C- Page 5 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
If applicable, the following items may need to be addressed:
1. Work to be performed by the AEPA Member institution must be clearly described and
the vendor's standards for acceptance stated.
2. The condition of the site prior to start of work by the vendor will be established and
agreed upon prior to contract execution.
3. The party responsible for obtaining, providing and paying for temporary utility service,
such as power, water and other related items, must be identified and agreed upon by all
parties prior to contract execution.
4. If construction space is directly under, above, in or near AEPA Member institution's used
space, the vendor must agree to receive written approval from the contact person prior to
interrupting any ongoing activity or program.
5. Access to the construction space will be limited to the way agreed upon by the parties.
6. When loading, unloading or operating equipment near an unprotected owner used area,
the vendor will keep an employee as a guard to prevent students and adults from entering.
7. Change orders are to be avoided, if possible, since they often indicate poor planning. A
mutually agreed upon system for establishing changes must be identified, including
changes in scope and changes in compensation for the vendor. Because of cost, safety
and scheduling considerations, the ability to make field change orders needs to be
permitted, and mutually agreed upon paperwork. to document these changes, must be
allowed. A change order that increases the contract amount in excess of Five Thousand
Dollars ($5,000), or five percent (5%) of the contract amount, whichever is greater, must
be approved, in writing, by the governing authority..
Contract Between Owner, Buyer and Contractor: An agreement between the AEPA
Member's Agency (Owner), AEPA Member (Buyer) and the AEPA contractor for the
procurement of goods and services in the construction and professional services areas shall be
signed for each major contract. AEPA issues this agreement in order to consummate the
agreement of the parties in accordance with the terms and conditions specified in the IFB, and
that the owner's purchase order to the buyer is in accordance with the same terms and conditions.
Contracting AEPA Member Agency: An AEPA Member Agency that enters into a contract as
a result of this solicitation.
Contractor's License: Each of the 24 states covered by this solicitation has its own state
licensing qualifications, requirements and processes. The offeror is responsible for knowing each
state's requirements and codes. At the time of response, offeror must be able to comply with all
licensing requirements. For those states where licenses are required, a copy of the appropriate
licenses authorizing the offeror to undertake or purports to undertake, supervise, subcontract
others, to construct or to provide services and materials described herein, shall be included with
its response. If the offeror intends to subcontract with other qualified distributors, dealers or
firms, the subcontractors must be listed and copies of their licenses shall be submitted by the
offeror with its response. All required licenses will be kept current and in compliance with the
rules and regulations of each state's regulatory agency.
CPSC: U.S. Consumer Product Safety. Commission (301) 504-7923, wvwv.cpsc.gov
CSI: Construction Specifications Institute (The) (800) 689-2900, www.csinet.or
AEPA IFB 012-C- Page 6 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Drawings and Specifications: Term for bidding documents and contract documents.
Evaluation Factors: To qualify as a responsive offeror, the response must be responsive and
materially satisfy all mandatory requirements identified throughout the solicitation. To be
considered responsive, a response must reasonably and substantially conform to all of the
specified requirements within each section of the solicitation in the judgment of the AEPA
evaluation committee. Therefore, the offerors should take note that AEPA reserves the right to
assign any penalties it considers warranted due to the offeror's failure to comply with terms,
conditions or specifications contained herein. If the offeror considers terms, conditions or
specifications overly restrictive, the offeror is to clearly identified and state in the bid response as
exceptions or deviations.. Offeror's required responses for evaluation purposes are "yes"
responsive or "no" non -responsive.
Cost evaluation will be based on a point system with points being awarded for being a low to
high bidder for each cost evaluation item, that is, contractor's labor rates, discount off R.S.
Means, overhead and profit percentage markup, mileage charge, per diem rate, travel time, etc.
If an offeror leaves out an item that is required, AEPA will allot zero (0) points to that item, and
if awarded a contract, cannot be used in providing products or services. The low bidder will
receive the full point value and all other bidders will receive points calculated as follows:
(Lowest Bid /Other Bid) x point value
Federal Requirements: Contractor agrees, when working on any federally assisted projects with
more than Twenty Thousand Dollars ($20,000) in labor costs, to comply with the Contract Work
Hours and Safety Standards Act, the Davis -Bacon Act (Section 29, CFR Part 5), the Copeland
"Anti -Kickback" Act, and the Equal Opportunity Employment requirements of Executive Order
11375. In such projects, the contractor agrees to post wage rates at the work site, and to comply
with all reporting requirements. The contractor shall provide AEPA with a copy of any required
report filed. In addition, to comply with the Copeland Act, the contractor must keep records for
three (3) years, and allow the federal grantor agency access to these records, upon demand. All
federally assisted contracts to AEPA members that exceed Ten Thousand Dollars ($10,000) may
be terminated by the federal grantee for non-compliance by the contractor. In projects that are
not federally funded, offeror must agree to meet any federal, state or local requirements, as
necessary. In addition, if compliance with the federal regulations increases the contract costs
beyond the agreed upon costs in this solicitation, the additional costs may only apply to the
portion of the work paid by the federal grantee. On all other projects, the prices must agree with
this contract.
Furnish: Supply and deliver to project site, ready for unloading, unpacking, assembly, installation
and similar operations.
GSI: Geosynthetic Institute (610) 522-8440, www. eosynthetic-institute.or
ICRI: International Concrete Repair Institute, Inc. (847) 827-0830, www.icri.org
Individual Project Contract Documents: Should consist of the construction contract,
conditions of the contract, drawings (if required) and specifications defining the scope of work,
product specification, delivery timelines, etc. These should be issued prior to signing the
construction contract.
Install: Operations at the project site, including unloading, temporarily storing, unpacking,
assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing,
protecting cleaning, and similar operations.
AEPA IFB 012-C- Page 7 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
ISO: International Organization for Standardization wwwaso.ch available from ANSI (202) 293-
8020, www.ansi.org
Manufacturer's Representative: Dealers, distributors or installers submitting a response to � this
solicitation for products requested herein or as a manufacturer's representative must, include with
their response documented evidence from or between them and the manufacturer certifying that
the offeror is a bona fide manufacturer's agent for the specific products or services proposed. The
offeror is qualified and experienced to assess existing conditions, develop and submit
manufacturer acceptable solutions for the product lines offered. The manufacturer will support,
review and issue their guarantee on the work performed and products provided. The offeror has a
good track record with their product. Should the offeror fail to satisfactorily fulfill any
obligations established as a result of completing a project using their products/system under
contract as a result of this solicitation, the manufacturer will either assume and discharge such
or provide for their competent assumption b one or more bona fide representatives
obligationsp p p Y
for the balance of the obligations.
Material Costs: Costs for materials, including taxes, delivery, handling, storage, and waste.
Member: A public school district or other qualifying agency authorized to use the contracts of
an AEPA Member Agency.
MHIA: Material Handling Industry of America (800) 345-1815, www.mhia.or
NAGWS: National Association for Girls and Women in Sport (800) 213-7193, ext. 453,
www.aahperd.oM/nagEs/_
NCAA: National Collegiate Athletic Association (The) (317) 917-6222, www.ncaa.org
NFSHSA: National Federation of State High School Associations (317) 972-6900, www.nfhs.org
Non -Responsive Offer: Any offer that does not conform to the mandatory or essential terms,
conditions and/or specified bid requirements for this solicitation is considered non-
responsive.
NSSGA: National Stone, Sand & Gravel Association (800) 342-1415, www.nsf.org
Offeror's Price List: For the purpose of this solicitation, the offeror's price lists shall consist of
the cost evaluation submittal form; manufacturer's/distributor's published price lists that clearly
state and identify all products and services offered with the offeror's discount to be applied to
each to determine the AEPA price and because the scope of work covered by this solicitation
Y req
uire uire site preparation or other construction related products and services be provided as
q
part of completing the proposed project. The AEPA members have selected R.S. Means", a
nationally accepted costing method, to be used to determine the cost of those items not covered
by a published price list and/or the alternative method of costing.
OSHA: Occupational Safety and Health Administration (800) 321- 6742, www.osha.gov
Owner: The AEPA member agency or its individual member organization that has contracted
with the successful bidder.
Owner's Representative: An individual identified by the member as contact person for an
individual project. Member's representative has authority to make decisions and to authorize
p
any actions as defined for the project.
Ownership of Materials and Documents: AEPA Member's shall be the sole owner of all
rights, titles and interests, including copyright, in and to all software, plans, diagrams, faciliti
g es
AEPA IFB 012-C- Page 8 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
and tools (hereafter "materials") which are originated or created through contractor's work
pursuant to any contract entered into between AEPA Member and contractor. Contractor, for
valuable consideration herein provided, shall execute all documents necessary to assign and
transfer to, and vest in AEPA Member ' rights, titles and interests in and to such original
materials, including any copyright, patent and trade secret rights which arise pursuant to
Contractor's work under any contract entered into between AEPA Member and contractor.
PDI: Plumbing & Drainage Institute (800) 589-8956, www.pdionline.or
Performance Specification: Specifies the subsequent performance of completed construction
work rather than prescribing how the work shall be constructed and installed.
PLANET: Professional Landcare Network (Formerly: ACLA — Associated Landscape
Contractors of America) 800 395-2522, www.landcarenetwork.or
Prime Contractor: Any firm, business and/or individual(s) who submits a response to this IFB
and is awarded a contract. The contractor will be considered a prime contractor to AEPA and
AEPA will not enter into any agreements with any subcontractor. Any contractor paid directly
by AEPA is a prime contractor. Any subcontractor performing under this IFB is contracted and
paid by the prime contractor. Prime contractors using subcontractors must be willing, able and
capable of obtaining, supervising and being responsible for any subcontractors required to
perform and/or provide products and services offered herein.
Project Site: Space available for performing construction activities. The extent of project
41
site is shown on drawings and may or may not be identical with the description of the land on
which project is to be built.
Provide: Furnish and install, complete and ready for the intended use.
Provisions Required by Law: Each and every provision of law and any clause required by law
to be in the contract will be read and enforced as though it were included therein, and if through
mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon
application of either party, the contract will forthwith be physically amended to make such
insertion or correction.
Qualifications: Includes any and all skills, knowledge, capacities, capabilities, experience,
financial stability, available human and physical resources, historical background, past and
present performance, properly licensed to perform and provide products within the 24 AEPA
Member states. The proposed products/services meet or exceed specifications specified herein
and proposed pricing complies with state and local requirements. The evaluation of a
respondent's qualifications shall be done in accordance with the criteria set forth herein, and the
most recent edition of any relevant regulation, standard, document or code that shall be in effect.
Where conflict among the requirements or with these specifications exists, the most stringent
requirement shall be utilized.
R.S. Means Quotations/Proposals: When providing R.S. Means costs as part of a project's
proposal, the following items apply:
1. R.S. Means proposals must use the current year, standard costs based on the following.
CD titles:
a. Repair and Remodeling Cost Data
b. Building Construction Cost Data
AEPA IFB 012-C- Page 9 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
C. Facility Construction Cost Data
proposed
2.
All work under the R.S. Means method must use the R.S. Means format, even if
subcontractors are used to do the work. . Subcontractor's invoices must tie to the R.S.
Means spreadsheet.
3. An R.S. Means spreadsheet must be submitted to substantiate the quote given to the
AEPA Member institution. Make sure that spreadsheet columns are expanded to show
the full R.S. Means number and a sufficient amount of the description.
4. Pricing must be done by Location Codes. National Average will not be allowed. In order
to choose the "closest" location code, the first three (3) numbers of the zip code will be
used to determine the city location index in each state. The same criteria are used by R.S.
Means. As an example, if the project is in Hobbs, New Mexico, which has a zip code of
88240 the cityindex to be used is Roswell, New Mexico, which has a zip code of 88201.
5. AEPA discount, bonding cost and sales taxes if applicable, must be shown as separate
line items at the bottom of the R.S. Means spreadsheet. This information can be
handwritten or typed. on the spreadsheet or can be shown on a separate summary sheet.
The summary sheet must start with the R.S. Means spreadsheet total and show the detail
for each of the items stated above.
6. All change orders which list items covered by R.S. Means must be supported by an R.S.
Means spreadsheet.
Regulations: Laws, ordinances, statutes, and lawful orders issued by authorities having
Is
Jurisdiction, and rules, conventions, and agreements within the construction industry that control
performance of the work.
Sample: Samples may be required prior to awarding a contract and/or prior to entering into an
individual project contract. Upon request of an AEPA Member, the offeror will provide
adequate samples and detailed specifications for any item offered. Samples must be submitted
within ten (10) days of request from the AEPA Member. Samples will be free of charge and
submitted and removed by offeror at offeror's expense. Samples will be compared to RFP
specifications and evaluated as to materials used in construction, quality and workmanship,
durability, adaptability to the use for which the, items were intended and overall appearance.
Samples received may be held for comparison with deliveries. The AEPA Member will not be
held responsible for samples damaged or destroyed in examination or testing. Samples not
removed within thirty (30) days after notice to offeror will be considered abandoned and the
AEPA or its Member Agency will have the right to dispose of them.
Shop Drawings: Drawings made for production purposes by persons other than a designer.
Site Cleanup: Contractor will clean up and remove all debris resulting from its work as required
by the AEPA Member. The Contractor shall comply with all laws and regulations governing
disposal of construction and hazardous materials. Upon completion of the work, the premises
will be left in a neat, unobstructed condition with everything in good repair and order.
Site Examination: Contractor shall familiarize itself with the site, in order to anticipate unseen
problems that may develop as the work progresses. Failure to have visited the site before
submitting a proposal shall in no way relieve the contractor from furnishing any materials or
performing erformin any work required to complete the project in accordance with the contract
documents.
AEPA IFB 012-C- Page 10 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Site Preparation: The contractor will not begin a project for which the site is not prepared or in
the condition agreed upon in writing by the AEPA Member and the contractor. Site preparation
may include but not limited to, moving or relocating equipment, grading, soil testing, clearing
and securing the site, installation and relocation of utilities, and any other task as indentify by the
AEPA Member.
Specifications: Written descriptions of work, materials, or equipment that complements the
construction drawings.
State Wage Rates: Some of the AEPA Member's states have and require the contractors to pay
state wage rates. It is the offeror's responsibility to be acquainted with those state's Department
of Labor's rules, regulations, procedures and requirements relating to state wage rates, and to
comply with state and federal regulations regarding payment of wages on public projects. The
offeror and any subcontractors shall pay all tradesmen and laborers employed on the site of the
project, unconditionally and not less often than once a week, and without subsequent unlawful
deduction or rebate on any account, the full amounts accrued at time of payment, computed at
wage rates not less than those stated in the advertised specifications.
Subcontractors: If it is necessary for the offeror to contract with third party firms to provide
various goods and services, the following will apply:
1. In awarding subcontracts, the contractor agrees that any subcontract competitively solicited
by contractor and awarded to subcontractors on their ability to meet the specifications and
comply with the requirements of the individual project.
2. Subcontractors, as required need to hold the appropriate contractor license as required by
AEPA Members and comply with AEPA Member state laws and regulations.
3. AEPA Member reserves the right to approve or reject any subcontractor listed in the offeror's
project proposal.
4. Subcontractors will need to provide performance and payment bonds as required by the
AEPA Member state laws and regulations.
SWRI: Sealant, Waterproofing & Restoration Institute (816) 472-7974, www.swrionline.or
TPI: Turfgrass Producers International (847) 649-5555, www.turfgrasssod.org
UBC: Uniform Building Codes (800) 468-4322, www.ubc.com
UCS: UCS provider of track & field, sports & recreational products, 511 Hoffman Road
Lincolnton, NC 28099 (800) 526-4856, www.ucsspirit.com
UL: Underwriters Laboratories Inc. (877) 854-3577, www.ul.com
Unit Cost: An average cost per unit calculated by dividing total costs of the item by the
measured quantity of units. Unit costs may include material costs, labor costs, plant and
equipment costs, overhead costs, job and operating and profit. The content of the unit costs
must be made clear. An item may have separate unit costs for materials and labor.
Unit Price: Similar to a unit cost but usually consisting of all direct costs and some or all indirect
costs.
Value Engineering: Comparison and economic evaluation of alternate construction methods for
a given project.
AEPA IFB 012-C- Page 11 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Vendor/Contractor: Individual or entity providing goods and services to AEPA Members based
on the specifications of this solicitation.
Waste Construction Material: That is extra to the actual net quantity required by the work, but
that is nevertheless required by or used in performing the work, or is somehow lost as a result of
doing the work, and therefore contributes to the material cost.
AEPA IFB 012-C- Page 12 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
i
4.
Special Terms and Conditions
4.1. BID BOND: A bid bond is required to be submitted in the amount of $25,000.00. It will
be returned within 10 days of the award to vendors not receiving the award.
4.2. By responding to this solicitation, the offeror agrees to and will be solely responsible for
doing the research to ascertain that its solutions offered meet or exceed all federal, state,
local and industry regulations, rules, standards and/or requirements.
4.3. The successful offeror must abide by and ensure that any subcontractor abides by all
applicable federal, state, and local laws, codes, and ordinances governing any area(s) in
which any products and/or service covered by this solicitation are rendered and must
have all required permits, licenses, agreements, tariffs, bonding and insurance required
by same. No claims for additional payment will be approved for changes required to
comply with any such requirements.
4.4. The contractor shall hold AEPA member and its member agencies harmless from
damage from trespassing on property of others. There shall be no dumping of
construction debris or other material on member's property. Any material that requires
special handling as dictated by federal or state law shall be removed in compliance with
the requirements of those laws. All such materials shall be removed from the site and
properly disposed of by the contractor.
4.5. The bidder will familiarize itself with the site in order to obtain a complete and
comprehensive knowledge and understanding of its, conditions and to anticipate unseen
problems that may develop as the work progresses. Failure to have visited the site before
submitting a job order/quote/cost proposal shall in no way relieve the bidder from
furnishing any materials or performing any work required to complete the project in
accordance with the contract documents, without additional cost to the AEPA member
and its member agencies
4.6. All offerors will need to comply with the building codes for commercial building
established by the AEPA member state.
4.7. When required by an AEPA Member State or local jurisdiction, building permits maybe
required. It is the offerors responsibility to secure all required building permits for the
construction services offered unless otherwise specified in the contract between AEPA
member and contractor.
4.8. Any work or services that do not comply with the currently adopted AEPA member state
building codes and requirements, when a project is inspected and a certificate of
occupancy is required, will be corrected by the contractor at no additional cost of the
owner.
4.9. For any project contracted under this solicitation, the proposer must comply with the
Americans with Disabilities Act (ADA) (42 USC- Section 12101 et seq.) and the
Americans with Disabilities Act Architectural Guidelines (ADAAG), as well as the
implementing requirements, 28 CFR Part 36, Federal Register, Vol. 56, No. 144, July
26, 1991, as amended.
4.10. Cost for temporary utility services electrical, water, gas, etc., that is part of or
utilized during the construction process will be identified and agreed upon in writing by
the AEPA member and its member agencies. Utility services (electrical, water, gas, etc.)
AEPA IFB 012-C- Page 13 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
utilized by the contractor to maintain a project office trailer, maintenance shop, storage
facilities, security lighting, etc., will be the responsibility of the contractor and can only
be transferred to the AEPA member and its member agencies on written agreement
specifically stating what contractor's utilities it will be responsible for. Copies of such
agreements shall be provided to the AEPA member and its member agencies prior to a
purchase order being issued.
4.11. All work will be in compliance with OSHA safety requirements and any additional
applicable federal, state or local fire and safety requirements. when specifications or
scope of work result in a violation of a code or result in an unsafe condition, the
contractor must inform the AEPA member and its member agencies representative of the
situation. The contractor will not construct any sub -assembly, structure, or device or
produce any condition that intentionally violates a fire, health, safety or building codes
or safety standard.
4.12. Any contract awarded under this Category is an indefinite -quantity contract for work
requested. All costs associated with preparing quotes/job orders/cost proposals shall be
the responsibility of the bidder and must be based on a detailed scope of work and in
compliance with one of the approved pricing methodologies.
4.13. The contractor understands and agrees that it will offer and accept only projects in which
they have done their own due diligence in assessing, evaluating, exploring and
determining existing site conditions, the level, quality and appropriateness of the
construction products and services being requested, and whether or not the project, as
requested, allows the contractor to comply with all existing federal, state or local laws,
codes and regulations. During the contractor's due diligence, if a concern or issue arises,
the contractor must immediately notify the AEPA Member and its Member Agencies
representative in writing, so that it can be corrected or properly addressed.
4.14. During all phases of a project, the contractor will have a qualified and experienced
foreman, supervisor and/or superintendent in the area of construction being performed,
and in charge of and in full control of the worksite and all construction activities being
performed on the project. The individual assigned must be knowledgeable, qualified and
aware of all aspects, specifications and requirements of the project and provide
continuous supervision, coordination communication and inspections in order to assure
that quality control standards or project outcomes are met.
4.15. All equipment, tools and machines used in the performance of this work by either the
prime contractor or subcontractors will be maintained in satisfactory working conditions
and meet or exceed industry standards at all times.
4.16. The contractor will need to provide performance and payment bonds on any project. The
bonds need to be executed by a surety company authorized to do business in the AEPA
member state and is approved in federal circular 570 as published by the- United States
Treasury Department or the state board of finance or the local governing authority, in an
amount equal to one hundred percent (100%) of the price specified in the contract. The
AEPA Member or its Member Agencies representative may waive this requirement.
4.17. If a contractor intends to subcontract any part of an individual project, the contractor will
be responsible for notifying and furnishing subcontractor the following:
4.17.1. If performance and payment bonds are required and the amount for bonding.
AEPA IFB 012-C- Page 14 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
4.17.2. A description of the products to be provided, the tasks to be performed, the
project's drawings, standard specifications, requirements and timelines the
subcontractor must meet.
4.17.3. The contractor will instruct subcontractors to complete their own investigation,
assessment and careful examination of all elements of a project before it submits a
quote or proposal to provide construction products and/or perform construction
services for the project. The subcontractor will promptly notify the contractor if it
finds any discrepancies in, or omissions from, any plans, drawings, specifications
and/or any other documents associated with the project. The contractor will
immediately issue written notification to the AEPA member and its member
agencies representative. The involved parties' representatives will jointly work with
each other to resolve the concerns or issues raised and issue written instructions to
the contractor on how the matters raised are to be handled. The contractor will be
responsible for ensuring the subcontractor is aware of and incorporates any
modifications into its quote/proposal. The AEPA Member and its Member Agencies
representative will not be responsible for communicating instructions and/or
information to subcontractors.
4.17.4. All cost quotes/proposals submitted by subcontractors must be in a format that the
contractor needs to prepare and submit its cost quote/proposal in compliance with
one of the pricing methodologies defined.
4.18. The successful bidder must be willing and agree to provide AEPA members the benefit
of all general price reductions extended to its other customers at any time during the
period of this contract or any extension thereof. Likewise the bidder may during the
annual contract renewal process submit to AEPA any additional products or services
covered by their award and may request for price adjustments on published price lists.
The R.S. Means price shall be adjusted when the new updates (usually January 1 of each
year) become available. Any request must be in writing and submitted to the oversight
committee chairman who has been designated by AEPA for that solicitation/category.
The chairperson will process the request and submit it to the AEPA board of directors
for their approval/disapproval. If approved each AEPA state agency will be responsible
for notify its participating members. In the event of a decrease in the prevailing contract
price the oversight committee may approve the change and it will become effective
immediately upon notification.
4.19.If the bidder intends to utilize independent agents/distributors, subcontractors and/or
third -party agents to perform and/or provide any part of the products and services
offered herein the bidder must ensure that the price from these parties are in accordance
with the terms, conditions and pricing submitted and approved by AEPA.
4.20. Responses must clearly identify all charges and components necessary for performance
of the contract even if such are not specifically addressed in any paragraph, sub-
paragraph or forms that are a part of this solicitation.
4.21. Additional and optional products and services must be identified separately, and must
include clear descriptions and specifications of proposed items.
4.22. Bidders are asked to make available new products and services as they become available
and have been tested and proven to be reliable, suitable and appropriate for use within
educational and governmental athletic facilities. It shall be communicated to and detailed
AEPA IFB 012-C- Page 15 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
information provided to the individual owners indicating that the product and/or service
is new technology and any test results or past performance history necessary to allow the
owner to make an informed decision on accepting the product/service for the proposed
project.
4.23. The bidder must have the resources necessary to provide a comprehensive training,
maintenance support program to any individual owner within the 24 AEPA states which
will allow the owner to properly and successfully utilize and maintain the installed
facility through its stated life cycle. The programs offered must be appropriate for the
owner's staff that will be responsible for and using the facility. The bidder must provide
documentation that proves these resources and programs do exist and can 'be
successfully delivered on a national basis. If there are associated cost terms, conditions
and stipulations relating to the programs offered they must be clearly identified and
stated within the bidder's response.
4.24. Applicability of industry standards, unless the individual project contract documents
include more stringent requirements, applicable construction industry standards have the
same force and effect as if bound or copied directly into the project's contract documents
to the extent referenced. Such standards are made a part of this solicitation by reference
provided under item 3 Glossary of Terms above.
4.24.1. Publication Dates: Comply with standards in effect as of date of the individual
project's contract documents unless otherwise indicated.
4.24.2. The contractor and any subcontractors engaged in construction project covered by
this solicitation should be familiar with industry standards applicable to its
construction activity, being performed. Copies of applicable standards are not
provided as part of this solicitation and when copies of standards are needed to
perform a required construction activity, they may be directly obtained from
publication source as identified herein.
4.24.3. Where abbreviations and acronyms for standards and regulations are used within
this solicitation, individual project's specifications or other contract documents, they
shall indicate the recognized name of the organizations/agency responsible for the
standards and regulations utilized.
4.25. The offeror must demonstrate and present the necessary evidence within its response to
communicate its knowledge, experience, willingness and ability to adhere to, utilize and
ensure the following:
4.25.1. The contractor must hold and maintain a current and valid contractor's license for
any of the AEPA states that allows it to supervise others, to construct, alter, repair,
add to, subtract from, improve, move, or demolish any athletic facility covered by
this solicitation and found within those states that have such requirements.
4.25.2. The contractor will ensure that all individuals, firms or subcontractors being used
to perform or supervise work performed, materials and equipment installed under
this contract hold a current contractor's license, as required by those individual
AEPA states. All subcontractors to be used for each individual project performed
under this contract must be clearly identified and a list submitted with the name,
address, trade or type of work, contractor's license number, if applicable, and their
federal ID number included.
AEPA IFB 012-C- Page 16 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
4.25.3. Upon request by an AEPA Member Agency's local member, the contractor shall
schedule a meeting with the member/owner to ascertain and develop a
comprehensive and complete understanding of the scope of work being requested by
the member. The contractor shall conduct and perform the necessary site
investigation in order to be aware of any existing site conditions that may require as
part of the proposed project additional products and/or services to address identified
site conditions and properly complete the project in accordance with the project's
contract documents.
4.25.4. Any contract between the individual owner and the contractor under this
solicitation shall consist of a detailed scope of work (a description of the work to be
performed and the products to be provided by the contractor) will include all
specifications, drawings, contractor's cost proposal and other project related
documents. All applicable industry standards, manufacturer's instructions and
requirements, technical specifications and general conditions, federal, state and local
codes around which the contract is made shall be included, as if they were
physically part of the contract documents.
4.25.5. A schedule for performance of work that can be met without planned overtime is
the responsibility of the contractor unless otherwise requested and approved by the
owner.
4.25.6. Terms for what constitutes project completion and acceptance by the owner and
taking title to work finished must be clearly identified, described and agreed upon
and made a part of any contract. If any part of the construction requires the owner
to assume control before the completion, this needs to be defined with all of the
agreed to terms, conditions and stipulations. Both parties must agree on the
definition of what constitutes total acceptance of the project and that must be
obtained before final payment is made to the contractor. Upon completion of the
project, the worksite will be left in a condition equal to or better than before the
project. ,
4.25.7. The contractor will pay for any failure to conform or for any defect. In addition,
contractor will fix any damage to AEPA Member controlled, real or personal
property when that damage is the result of contractor's failure to conform to
contract requirements or any defect in equipment, material, workmanship, or design
furnished or in compliance with federal, state and local laws, codes, regulations and
standards. Contractor's warranty with respect to work done, repaired or replaced
under these conditions will run for one (1) year from the date of repair or
replacement or completion.,
4.25.8. If contractor fails to remedy any failure, defect or damage within a reasonable
time after receipt of notice, the AEPA Member will have the right to replace, repair
or otherwise remedy the failure, defect or damage at the contractor's expense in
accordance with laws of the AEPA Member state.
4.25.9. Upon completion of
the work, the contractor will
present
the owner with all
documents
necessary to
close
out the
project.
Including
but not
limited:
4.25.9.1.
4.25.9.2.
Certificate of occupancy;
Maintenance manuals;
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Part B: Synthetic Turf
4.25.9.3. Up to four (4) complete sets of "as built" project drawings;
4.25.9.4. Two (2) copies each of procedures of using and maintaining the materials
and equipment installed;
4.25.9.5. Executed warranties on installed products and equipment; and/or
4.25.9.6. Material Safety Data Sheets for any material supplied.
4.25.10. As part of the close-out process or upon
request,
no -cost training
must be offered
for the
maintenance staff
of
the
owner and
must
be
included
as part
of
the purchase
contract.
4.26. The prime contractor must warrant the work performed, materials, equipment installed
for a period of not less than six (6) years against defects and poor workmanship. Even if
final payment is made, if the owner discovers an unfinished and/or improperly installed
component, defect or poor workmanship that should have been identified and noted
during final inspection, the contractor will complete the work in a timely fashion at no
additional cost to the owner. This warranty does not cover damage caused by fire, winds,
floods, chemicals or owners' negligence of reasonable precaution to provide adequate
ventilation during hot and humid weather. Furthermore, this warranty does not cover
damage to floors caused by ordinary wear and tear, faulty construction of building,
separation of concrete slab, or settlement of walls.
4.26.1. The bidder may offer extended warranties or maintenance agreements if available
at an additional cost to members. The extended warranties or maintenance contract
must be offered as a separate line item.
4.27. If the offeror submitting a response to this solicitation to provide construction products
and services relating to and for athletic, recreational, performing arts, multi -purpose and
other educational facilities with specialty hardwood and synthetic flooring systems and
is not the product/system manufacturer. Then the offeror must provide written
documentation between it and the manufacturer indicating that the product
manufacturer(s), for the purpose of this solicitation, is aware of the offeror's intent to
offer the manufacturer's product line(s) and both parties are jointly committed and are
aware of the terms, conditions and stipulations in this IFB, and that the manufacturer
acknowledges and agrees to and will stand behind the contractor's performance under
this IFB. Failure of non -manufacturers to submit sufficient documentation to meet this
requirement can result in a non -responsive bid.
4.28. The offeror must within their response provide a complete listing/catalog of all products
offered with their associated cost that are not to be covered by R.S. Means. This will
enable an owner's staff, architect or general contractor to verify the offeror's individual
project quotes for new construction, renovation, retrofit or general maintenance and
repair. This listing/catalog must provide complete specifications on each product/service.
(This information is required in electronic format.)
4.29. Inspection:
4.29.1. The bidder shall conduct a pre -inspection prior to any construction meeting or
final inspection where the owner is expected to accept and/or sign -off on work that
has been completed. This is to ensure that all work meets or exceeds the projects
specifications and requirements. Any discrepancies shall be corrected and/or
communicated to the owner.
AEPA IFB 012-C- Page 18 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
4.29.2. Date of final inspection shall be scheduled in advance, with appropriate notice
and agreed upon by all parties. The contractor shall. provide the owner or owner
representative, with copies of the printed check -off list, proposed pay application,
state and local inspector's sign-off/reports acquired since the last meeting. Any
discrepancies will be noted as a punch list item and corrected prior to the next
meeting or within the time specified in the contract documents.
4.29.3. Prior to final payment being made and during the project close-out process the
contractor shall submit and have the owner or designee acknowledge receipt of as -
built drawings, maintenance and operational guides and all activated product
warrantees and approve any submittals needed.
4.30. The offeror must demonstrate they possess the ability, capacity and staff to keep current
with federal, state and industry standards, and guidelines that are applicable within any
of the 24 states.
4.31. Quality Control Issues:
4.31.1. During the course of the contract, the owner or designee may request and/or
secure samples, according to construction industry standards, guidelines or ASBA
standards, of materials being applied, used from containers at the job site, and
submit them to an independent laboratory for comparison to specified material. The
owner may acquire an independent industry qualified/certified consultant, to
evaluate and issue a report on the quality of the materials being used, if the materials
installed meet or exceed project's specifications. The cost for these test and services
will be paid by the owner.
4.31.2. Should the test results prove that a material used and/or applied is not equal to or
better than specified or the end product does not meet minimum requirements. The
offeror will reimburse the owner for the cost of the tests and/or services acquired.
The offeror will also pay all costs incurred and associated to replace, remove and
dispose of non -compliant materials and bring the end product up to project
specifications and requirements.
4.31.3. Should the test results and services prove that materials tested were equal to
specified material and the work performed meets the project's specifications and
requirements, the offeror shall be notified of the results and the owner shall pay all
associated costs.
4.32. The offeror must provide in its response proof of documentation and evidence to
demonstrate that it has delivered and installed full-size football, soccer, baseball, field
hockey and other athletic/recreational fields (minimum of 1,000,000 square feet) in the
United States within the past five (5) years.
5. Specifications
5.1. General: ,
5.1.1. The offeror must demonstrate its' knowledge, understanding and experience with
dealing and working with drawings, specifications and general provisions of athletic
and recreational fields, playgrounds and facility design, construction and related
AEPA IFB 012-C- Page 19 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
trades and utilities work, which may be part of any athletic facility project requested
under this solicitation.
5.1.2. The offeror must provide all labor, materials, equipment and, if required, design
services, site inspection and site preparation services for athletic and recreation
field, playground and park construction. These services may be provided by the
offeror's own crews and staff or by subcontractors contracted and supervised by the
offeror. It should be noted that the level of the offeror's involvement will depend on
the individual owner's requirements.
5.1.3. The offeror is responsible for ensuring that the proposed project's design,
construction drawings and manual clearly indicate; identify the products, services
and testing requirements that must be provided to deal with existing site conditions,
public utilities, sub -base -works, drainage systems and asphalt base -works surfaces.
Installations of the synthetic surfaces are in accordance with and comply with
applicable ASBA, AAU, NCAA, NFHSA and individual state requirements.
5.1.4. The offeror must guarantee the suability and playability of the synthetic turf
system for intended uses for an eight (8) year period commencing on the date of
substantial completion and acceptance by AEPA Member. The warranty coverage
shall not be limited to the amount of usage.
5.1.5. The offeror is responsible for being knowledgeable of all federal, state and local
government codes, regulations and requirements dealing with public athletic and
recreational fields and facilities.
5.1.6. If the offeror is providing only the synthetic surface, it must provide the owner
with construction instructions, guidelines, drawings and recommendations for the
site preparation, sub -base and asphalt pavement. However, it should be noted that
AEPA and its Members are seeking and prefer providers who can provide a turn-
key solution.
5.1.7. If any part of the design or construction work is to be performed by the owner's
own crews, owner's architect and/or a third party contractor not associated with the
awarded contractor, prior to taking possession of the project site or proceeding with
its work, the contractor must provide the owner with a signed affidavit stating that it
has inspected and has accepted the current site conditions and work completed as
meeting and/or exceeding its and the manufacturers, industry and governmental
standards and requirements. If the work is not acceptable, the contractor must
notify the owner immediately in writing stating what is not acceptable and on what
this determination was made.
5.1.8. By accepting the owner's notice/order to proceed and executing the construction
process, the contractor acknowledges that it has visited the site, is familiar with the
current conditions under which the work is to be performed, and understands the
scope of work as defined in the contract documents and the product specifications
requested.
5.1.9. Documentation signed by an authorized representative of the manufacturer will be
provided to the owner stating that the installed surfacing has no measurable traces of
heavy metals, leachable mercury or any other hazardous materials identified by the
EPA. For comparison testing prior to installation and randomly during installation,
AEPA IFB 012-C- Page 20 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
an 8" x 10" sample of the material must be furnished to the owner's independent
laboratory upon request. This sample must be provided prior to installation.
5.1.10. An additional 8" x 10" product sample, the same color, texture, thickness, etc. as
the type of surfacing to be installed for this project shall be provided to the owner.
This sample must be submitted and approved by the owner prior to installation.
5.1.11. Upon completion of any striping or line markings, the contractor shall obtain
written acceptance and approval of the markings by the owner's designated
representative as being complete and meeting their requirements. This document
shall state that the field markings and layout meet and comply with the governing
bodies' (AAUNCAANFHSA/etc.) requirements for any athletic event stated in the
owner's scope of work for the individual project.
5.2. Quality Assurance
5.2.1. Offeror must demonstrate through documentation that it has completed at least ten
(10) athletic/recreational fields or facilities similar to those being proposed and that
they were completed and accepted by the owner as meeting and complying with the
governing bodies' (AAU/NCAA/NFSHS/etc.) requirements and rules, governing
their level of athletic competition. I The products offered shall meet or exceed the
ASBA's guidelines, requirements and performance specifications for the various
types and levels of synthetic field surfaces recognized and approved by ASBA.
5.2.2. The offeror's proposed solution must be equal or better than turf available from a
nationally recognized manufacture specializing in outdoor .and indoor synthetic turf
products for athletic and recreational facilities.
5.2.3. If the offeror is offering engineering services, then the engineer(s) need to be
licensed in the AEPA Member state that they will be providing services.
5.2.4. If the offeror is offering installation services, then the person(s) providing the
services will be factory trained, have a minimum of three (3) years experience in the
installation of synthetic turf systems and if required licensed in the AEPA member
state.
5.2.5. The offeror will only utilize qualified, trained, experienced, manufacturers
approved and, if applicable, licensed tradesman to perform all work done under this
IFB.
5.2.6. The offeror shall make its' own site visit to fully acquaint itself with the
construction site, existing facilities and utilities and shall fully understand the
difficulties and restrictions attending the execution of the work under this IFB. All
offerors shall advise the owner in writing and receive its' acceptance of any
restrictions, project alterations and/or anticipated difficulties prior to accepting a
contract to do the individual project.
5.2.7. The offeror shall employee and maintain for the term of the AEPA contract an
ASBA certified synthetic field builder on staff to ensure quality control in all
aspects of a project conducted under this solicitation. Failure of the offeror to meet
this requirement in its response will be deemed non -responsive.
5.2.8. Due to the individual AEPA Member Agency's individual requirements, any
offeror responding to this solicitation, who fails to provide the information required
AEPA IFB 012-C- Page 21 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
on the Contractor's Qualifications Form (F) or has failed to perform/complete past
projects or is in default of warranty work or has been found guilty of violating state
and/or local construction/labor codes, as judged by previous clients or AEPA.
AEPA reserves the right to consider or not consider the offeror's response as being a
responsive based on its own investigation and findings.
5.2.9. All synthetic turf, field, playground and landscape materials shall be
warranted/guaranteed to the extent that the surfacing/product manufacturer's has
indicated is as stated:
5.2.9.1. Has been manufactured, shipped, stored and applied in accordance with,
manufacturer's specifications and instructions.
5.2.9.2. Will hold fast and/or adhere to the asphalt, concrete, edging, filler and patches
or overlay materials in accordance with, manufacturer's specifications.
5.2.9.3. Will perform as specified in these specifications, the specifications of the
product manufacturer and as identified and indicated in the current product
information, literature and specification sheets available to the end user.
5.2.9.4. All components and their installation methods shall be designed and
manufactured for use on indoor and outdoor applications. The materials as
hereinafter specified must be able to withstand full climatic exposure in the
environment of the AEPA Member States, be resistant to insect infestation, rot,
fungus and mildew, ultra -violet light and heat degradation, and shall have the
basic characteristic of flow -through drainage, allowing free movement of
surface run-off through the turf fabric where such water may flow to the
existing sub -base and into the field drainage system.
5.2.9.5. The finished playing surface shall appear as mowed grass with no irregularities
and shall afford excellent traction for conventional athletic shoes of all types.
The finished surface shall resist abrasion and cutting from normal use. The
installed system shall be ideal for football, soccer, lacrosse, baseball, softball,
PE classes, intramurals and recreational use.
5.2.9.6. All machinery, materials, coatings, site and base specification used must be
approved by the turf or surfacing manufacturer.
5.2.9.7. The offeror and its surface manufactures must meet the following criteria:
5.2.9.7.1. Shall inspect and certify to the facility owner that the solution installed
meets and/or exceeds the manufacturer's specifications and installation
requirements.
5.2.9.7.2. The offeror and the surface manufacturer guarantees that the usability and
playability of the synthetic turf, field, playground and landscape system
installed is appropriate for the site conditions that exist and for the
intended uses as identified with the project's scope of work for an eight
(8) year period commencing with the, date of substantial completion and
acceptance by the owner. The warranty coverage shall not be limited to
the amount of usage.
AEPA IFB 012-C- Page 22 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.2.9.7.3. Any and all warranty terms, conditions, stipulations and/or requirements
must be provided, discussed and accepted in writing by the AEPA
Member prior to issuing a purchase order.
5.3. Project Site considerations, Investigation, inspections and Preparations
5.3.1. Depending on the individual AEPA Member Agency's organizational purpose
and scope, they may or may not work with and serve educational institutions (pre-
school through colleges and universities), government agencies (federal, state,
county and city), non-public/not-for-profit organizations (education, recreational
and community based). Therefore, AEPA is requesting a range of indoor and
outdoor athletic, recreational solutions that can meet the individual sports and
recreational activity needs of the above noted groups. AEPA has presented the
following information to communicate, provide and establish for the offeror
minimum and general specifications, requirements, product quality and performance
standards for the offeror to base its proposed solutions. It is understood that various
manufacturers' materials, products and/or installation processes may differ.
However, the end result for the same level and type of indoor and outdoor athletic
and recreational solutions shall meet or exceed the minimum materials, product,
performance and life cycle specifications as its competitors' solutions.
5.3.2. For each outdoor synthetic turf or surfacing solution, the offeror must provide the
information necessary for AEPA and institutional owners to determine the quality
level, performance specifications and construction components of the solution
proposed.
5.3.3. Site Inspection and Investigation: The ultimate performance and life cycle of any
synthetic turf or surfacing solution depends to a significant degree on the subsoil
and drainage conditions of the site. The stability of the subsoil also has a direct
influence on the ability to properly prepare the site, construct the field and to
maintain design grades under the deformations generated by the. construction
equipment itself. Such site conditions as, expansive soils or plastic soils and use of
base course materials consisting of these types of soils can create problems and frost
action is exaggerated where frost susceptible materials exist with moisture available
to generate frost heave. It is, therefore, necessary for the contractor, in cooperation
with the owner, to ensure that a complete and accurate site inspection/investigation
has been performed to identify soil conditions existing at the site and to take these
conditions into account in designing the project. Site preparation, including
stripping, placement of backfill and base construction must be properly performed
to minimize the risk of problems due to subsoil and sub -grade conditions.
5.3.3.1. The scope and level of any site inspection/investigation must be flexible and
dependent on the nature of the conditions that exist at a particular site, and the
degree of risk that the owner is willing to acknowledge, accept and take
regarding adverse effects of subsoil conditions. During the design and
development of the project the contractor will advise and consult with the
owner to determine the scope and level of site inspection required. Obviously,
the more serious site conditions may require an adequate study, which
includes, but is not limited to:
5.3.3.1.1. The existence of peat or other organic soils at the site;
AEPA IFB 012-C- Page 23 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.3.3.1.2. Uncontrolled fill materials or waste materials at the site;
5.3.3.1.3. Expansive soils at the site;
5.3.3.1.4. High ground water conditions or surface water retention areas (low
area flooding);
5.3.3.1.5. Special usage of the facility for a variety of activities;
5.3.3.1.6. Adjoining facilities and their impact of the project site conditions;
and
5.3.3.1.7. what has the site been used for in the past?
5.3.3.2. Soils should be classified, in general, in accordance with the visual manual
method of identification of soils, utilizing the Unified Soil Classification
System. (ASTM Methods D2488 "Description of Soil Visual Manual
Procedure," and D2487 "Classification of Soils for Engineering Purposes") It
is not intended, however, that a rigorous use of these methods be required, but
only use of terminology that will describe the soil conditions in terms of soil
types using the Unified Soil Classification symbols, such as CL, CH, etc.
5.3.3.3. Data obtained from this investigation should be prepared and submitted as part
of the project record documents for later reference, if necessary, or for review
by a qualified engineer if an evaluation is decided upon by the owner and/or
the contractor.
5.3.3.4.Once a site study has been completed, identified risks require the owner and
the contractor to make a joint decision as to the level of site preparation
required before the project is started. This is done so that an adequate site can
be available for the field construction, and in the event of any problems
developing because of sub -grade conditions, the responsibility can be clearly
distinguished between the owner and the contractor.
5.3.3.5. Where any site and/or soil conditions are suspect for problems, such I as
existence of fill material, organic material or expansive soils, then it is required
that the owner and contractor review, access and discuss the pros and cons of
the condition and the owner may choose to retain a geotechnical consultant to
obtain samples in accordance with ASTM Method D 1587 in cohesive soils,
and D 1586 in granular soils, with borings to a depth of at least 10 ft. or into
firm materials. This should be followed by appropriate unconfined
compression tests, water content and density determinations on cohesive soils,
and penetration resistances and blows per foot for granular soils, plus water
level determinations, again with borings at each corner of the tennis court or at
each quadrant of the field and intermediate borings not greater than 200 feet
apart outside the pavement area.
5.3.3.6. All information and communications relating to the site inspection and
investigation shall become part of the project's documentation.
5.3.4. Site Preparation, Earthwork, Drainage and Sub -base Construction
5.3.4.1. For new field construction, the site must be properly prepared in accordance
with project design documents based on the site inspection and investigation
which address:
AEPA IFB 012-C- Page 24 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.3.4.1.1. Site grade and elevations;
5.3.4.1.2. The sub soil, topsoil and drainage conditions;
5.3.4.1.3. The existence of peat or other organic soils at the site;
5.3.4.1.4. Uncontrolled fill materials or waste materials at the site;
5.3.4.1.5. Expansive soils at the site;
5.3.4.1.6. High ground water conditions or surface water retention areas (low
area flooding); and
5.3.4.1.7. If an existing athletic facility, how is it being utilized and by
whom?
5.3.5. Stripping and excavation: Unless otherwise specified, topsoil and other unsuitable
materials at the site, and to a minimum distance of 5' beyond the surfaced area,
should be removed in such a manner as to minimize disturbance of the remaining
sub -grade soils, and to facilitate placement of embankment materials and/or base
course materials. Topsoil should be stored at the site and reused for landscaping at
the completion of construction.
5.3.6. Subsurface Drainage
5.3.6.1. Where surface inlets are provided on or- near the field(s), drain lines to carry
the water to appropriate discharge channels should be in accordance with
manufacturer's specifications, local building codes and regulations.
5.3.6.2. Where it is necessary or otherwise decided to lower the water table at the site,
French drains (permeable, properly graded gravel -filled trenches),
geocomposites or perforated drain lines surrounded with a stone material,
should be utilized, discharging to appropriate channels. Non -woven geotextile
fabric may be used, depending on the stone materials available.
5.3.6.3. Backfill of all trenches should be granular material, placed in layers not to
exceed 6" in thickness, compacted with appropriate compaction equipment to
95% of the maximum density determined by ASTM Method D698 (Modified
Proctor). This compaction is necessary to minimize the risk of subsequent
settlement of the surface over the trench.
5.3.6.4. When trenching or drain tile is used under existing permanent pavement, it is
recommended that this area be compacted to 100% of the maximum density
determined by ASTM Method D698 (Modified Proctor). This method will
reduce the amount of settlement that may occur in these trenches, which will
reflect on the final surface.
5.3.7. Sub -base Embankment
5.3.7.1. Embankment is fill material necessary to raise the grade at the site, after
removal of unsuitable materials identified during the site investigation, to
provide the surface on which to place the base course for the proposed field.
5.3.7.2. While well -graded granular soil is preferred for embankment fill, normal
locally available soil is used for economic reasons. The material should be
free of organic or expansive material, and of particles greater than 1 V2 " in
dimension. It should be placed in lifts not to exceed 6" in thickness and
AEPA IFB 012-C- Page 25 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
compacted to 95% of the maximum density determined by ASTM Method D
698 (Modified Proctor). The water content of the fill should be reduced by
aeration or increased by adding water, as necessary, to achieve the required
compaction.
5.3.7.3. Where the natural soil at the bottom of the sub -base course is stable, as
evidenced by stability under construction equipment, hand auger or other
exploration, base course materials can be placed on this soil. Soft clay and
plastic soils should be appropriately stabilized.
5.3.8. Vegetation Control or Vegetation Re -Growth Prevention: Soil conditions vary
from area to area. Where problems exist, it may be necessary to sterilize the soil.
The contractor should, during project development or construction, recognize and
determine when soil sterilization is necessary and offer methods and options to the
owner for, rectifying problems caused by vegetation.
5.3.9. As noted above, some owners may choose to have the project site designed,
developed and prepared by its own crews or by another contractor. In all cases prior
to the beginning of installation of the synthetic turf/field surface, the
manufacturer/installer of the synthetic solutions shall make arrangements for and
conduct an inspection of the current site conditions, sub -base and supply a written
certificate form for the manufacturer/installer, indicating that the current project
site/sub-base meets or exceeds the manufacturer's specifications and requirements
for the installation of the synthetic playing surface and accepts the responsibility for
the project site from that date forward for the purpose of obtaining manufacturer's
warranty for the finished athletic/recreational facility.
5.4. Synthetic Turf/Field System Requirements
5.4.1. Manufacturer: Proposed solutions must be from a nationally recognized
manufacturer(s) specializing in the providing of indoor and outdoor synthetic turf
and field products for all levels of public and educational athletic and recreational
facilities throughout the 24 AEPA states.
5.4.2. Manufacturer Qualifications: Manufacturer must have a minimum of ten (10)
years of experience in the manufacture of synthetic turf systems, which meet and/or
exceed the standards and guidelines established and adopted by ASBA and other
related professional and industry organizations actively involved with the governing
and overseeing sporting events and facilities covered by the solicitation.
5.4.3. Engineering Qualifications: The offeror must have on staff or have under contract
and available, an engineer registered and licensed in the state they are providing
stamped engineered drawings. The engineer must have a minimum of five (5) years
of actual athletic facility design and engineering experience working with the
proposed products being offered. The engineer shall review and certify that the
proposed site, site conditions and the synthetic turf system being proposed and to be
installed meets or exceeds the design criteria of the project specifications, and the
site condition exceeds the minimum requirements of the system's design
performance standards set by the manufacturer in order for the end product to meet
its project life cycle and functionality. It should be noted that within the 24 AEPA
states there are established codes and standards that require that these facilities have
an architect's or engineer's seal on the plans who is registered within that state. If
AEPA IFB 012-C- Page 26 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
this is a requirement of the individual project, the contractor must include any/all
cost associated with obtaining this required seal within their individual state
multiplier/factor.
5.4.4. Installer Qualifications: Must have experience working with and installing the
products offered. The synthetic turf/field system manufacturer must approve and
certify to the owner that the installer meets their requirements and the manufacturer
will stand behind and warrant the product installed. The installation team's
foreman lead person must have a minimum of three (3) years experience of
successfully installing synthetic turf systems in public facilities.
5.4.5. Guidelines for the Design and Construction of Athletic/Recreational Synthetic
Field Infrastructure/Foundation (permeable base): These guidelines are general in
nature and may require adaptation in order to suit local soil, rainfall and temperature
conditions, expected loads, expected drainage rate, material availability and other
factors specific to each individual project. Requirements for soil bed preparation,
thickness and nature of stone base, layout, spacing, diameter, nature of the drainage
system, geotextile or liner specification, watering system, heating system, and
edging system must be determined by qualified engineers and based on the project's
existing site location and condition. The extremely strict tolerances for gradients and
flatness which are stipulated by the ASBA, Sport Federations and industry
associations that oversee and govern these types of facilities and sports activities
means that the construction of adequate synthetic field infrastructure/foundation is
of supreme importance and a critical component of any synthetic field solution.
Tolerances are required to be met not only by the newly completed facility, but also
over its projected life cycle, which might be two or three times the expected life of
the artificial turf system.
5.4.5.1. The synthetic field infrastructure/foundation should be designed to meet the
following criteria, if applicable, to project site location and conditions:
5.4.5.1.1. It should be capable of supporting and transmitting to the existing
soils the loads of all vehicles, machines and materials to be used
throughout the construction process without causing deformation.
5.4.5.1.2. It should be capable of supporting and transmitting the loads from
athletes and maintenance equipment without causing deformation.
5.4.5.1.3. It should be sufficiently flexible to provide protection to the
playing surface from the effects of sub -soil movement and frost
heave.
5.4.5.1.4. It should allow for proper drainage of the playing surface.
5.4.5.1.5. It should allow for proper watering of the playing surface.
5.4.5.1.6. 'It should allow for proper heating of the playing surface.
5.4.5.1.7. It should allow for proper edging of the artificial turf system.
5.4.5.1.8. It should ensure that the above criteria are maintained throughout
the life of the end product.
5.4.5.2. The base is generally water -permeable unless local climatic conditions allow
for an impermeable or semi -permeable base.
AEPA IFB 012-C- Page 27 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.5.2.1. In general, a permeable base consists of two (2) layers of
permeable crushed stone: the base course and the finishing course.
The total thickness of the stone should be a minimum of 6"
(150mm) along, the longitudinal axis of the field. The thickness of
the finishing course should not exceed 2" (50mm).
5.4.5.2.2. The installation of a layer of asphaltic concrete above the crushed
stone base improves the structural stability, weight -bearing
capacity and durability of the infrastructure/ foundation. If a layer
of asphaltic concrete is to be installed, water -permeable asphalt
should be used in combination with water -permeable crushed stone
bases; impermeable or semi -permeable asphalt should be used in
combination with impermeable or semi -permeable crushed stone
bases.
5.4.5.2.3. In most cases a crushed stone base only is sufficient to guarantee
the long-term stability of the playing surface.
5.4.5.2.4. To allow for proper base design, a comprehensive Geotechnical
investigation should be performed to accurately determine the local
subsoil conditions. A Geotechnical survey should be performed to
determine the depth of excavation, the thickness and nature of the
ordinary fill, the characteristics of the geotextile or liner, the
thickness and nature of the crushed stone base.
5.4.5.3. Subsurface Water Collection System: Hydraulic calculations based on ' the
nature and depth of the stone base, on local rainfall and expected drainage rate
should be performed in order to determine the layout, spacing, dimensions, and
nature of the subsurface water collection system, and to determine the gradient
of the soil bed, which should be a minimum of 0.5% from the longitudinal axis
of the field towards the sidelines. The drainage rate depends upon the local
rainfall and upon the use for which the field is designed. A college football
team's stadium may be designed to remove several inches of water per hour
while a high school field may be designed to remove %2" of water per hour.
5.4.5.3.1. The minimum configuration of the subsurface water collection
system consists of the perimeter drain. The perimeter drain
consists of a perforated drainpipe to be installed in the perimeter
trench. The minimum diameter of the perimeter drainpipe should
be 8" [200mm]. The perimeter trench should be protected from
infiltration of impervious or plastic materials through a geotextile
membrane or liner, and backfilled with clean gravel. The
perimeter drain should be connected to an efficient storm drain or
discharge outlet.
5.4.5.3.2. If additional drainage capability is requested, a network of field
drains should be installed throughout the entire playing field in
addition to the perimeter drain. A fishbone layout is generally
used. The dimension and spacing of the drains varies upon the
expected drainage rate. Two types of drainpipe may be used for
the field drains:
AEPA IFB 012-C- Page 28 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.5.3.2.1. Traditional perforated drainpipe installed in trenches
protected with geotextile membrane or liner and backfilled
with clean gravel. The minimum diameter of the perforated
drainpipe should be 4" (100mm).
5.4.5.3.2.2. Panel -shaped perforated drainpipes laid flat on the soil bed
upon installation of the geotextile membrane or liner. The
minimum dimension of the panel -shaped drainpipe should
bet"x6".
5.4.5.3.3. The network of drains should be connected to the perimeter
drainpipe or to a perimeter collector pipe, non -perforated, to be
installed in the perimeter trench together with the perimeter
drainpipe. The minimum diameter of the perimeter collector pipe
should be 8" (200mm). The perimeter collector pipe should be
connected to an efficient storm drain or discharge outlet.
5.4.5.3.4. All drains should be placed below the frost zone.
5.4.5.3.5. Proper access to the drains should be provided to allow for
maintenance.
5.4.5.4. Watering System: The installation of an appropriate watering system is
recommended in countries where summers are long and hot. The watering
system is intended to regulate the temperature of the playing surface and to
make the artificial turf fibers smoother.
5.4.5.5. Underground Heating System: The installation of an appropriate underground
heating system is recommended in states where winters are long and harsh.
The main purpose of a heating system is to ensure a playable field, not to melt
the snow, which should be removed mechanically. The heating system should
keep the stone base unfrozen and permeable, thus rain and snow water can
drain into the ground. The heating system should be calculated to achieve a
surface temperature of +32 to +35.5°F (± 0°C to +2°C). The heating system
should be designed so as to melt snow falling shortly before and during an
event.
5.4.5.6. Edging System: The construction of a proper edging system is essential to the
long-term performance of an artificial turf system. Several products are
available on the market, or can be custom designed and built on site. The
artificial turf system can be anchored to special perimeter turf anchors,
clamped into special perimeter drain channels, or simply nailed to a perimeter
nailer to be imbedded in or fastened to a perimeter curbstone or perimeter
channel.
5.4.5.7.Materials (Water Permeable Stone Base): The permeable crushed stone base is
made of two (2) layers of crushed stone material, the base course and the
finishing course. The artificial infill turf system is installed above the finishing
course. Materials used for the permeable crushed stone base courses should
meet the following gradation:
AEPA IFB 012-C- Page 29 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
0
Sieve-
Imperial
Sieve -Metric
Percent of
Base Course
Passing
Finishing Course
211
100
1 1 /2"
90-100
V
75-100
3/4"
65-95
1/2"
12.5mm
55-85
100
3/8"
9.5mm
40-75
85-100
1/4"
6.25mm
25-65
75-100
#4
4.75mm
15-60
60-90
#8
2.36mm
0-40
35-75
#16
1.18mm
0-20
Oct-55
#3 0
0.6mm
0-7
0-40
#50-60
0.3-0.25mm
0-5
0-15
# 100
0.15mm
0-3
0-8
#200 M1
0.075mm
0-2
0-2
5.4.5.8. To guarantee structural stability it is important that both gradations meet the
following criteria:
100% Fragmentation
D60/D 10 > 5
1 < D230/D l 0/D60 < 3
5.4.5.9. To guarantee- separation between finishing stone and base stone, it is important
that the gradations meet the following criteria:
D85 FINISHING COURSE / 1)15 BASE COURSE > 2
3 < D50 BASE COURSE / D50 FINISHING COURSE < 6
5.4.5.10. To guarantee proper drainage both stones should meet the following criteria
when saturated and compacted to 95% Proctor:
Permeability > 10 in/hr (7xl 0-3 cm/sec)
Porosity > 25%
"Dx" is the size of the sieve (in mm) that lets pass x% of the stone.
For example: D60 is the size of the sieve that lets 60% of the stone
pass. These sizes, for calculation purposes, may be obtained by
interpolation on a semi -log graph of the sieve analysis.
5.4.5.11. Execution: The procedure adopted for the construction of a permeable
infrastructure will normally consist of the following operations:
5.4.5.11.1.
5.4.5.11.2.
Remove all vegetable matter, topsoil, organic, loose, non-
compactable or frost susceptible material down to firm, load -
bearing soils.
Scarify exposed soils to create the soil bed at the specified grades.
AEPA IFB 012-C- Page 30 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.5.11.3. Optional: Import ordinary fill to create the soil bed at the specified
grades.
5.4.5.11.4.
5.4.5.11.5.
The grade of the soil bed
from the specified grade
grading is recommended.
shall not
vary more
than 1/2 "
(12mm)
.o allow
for proper
drainage.
Laser
Compact the soil bed to attain the specified compaction rate.
5.4.5.11.6. Install perimeter drain, protect trenches with geotextile membrane
or liner, and backfill trenches with clean gravel.
5.4.5.11.7. Optional: Install perimeter water collector.
5.4.5.11.8. Optional: If traditional perforated pipes are used as field drains,
install field drains, protect trenches with geotextile membrane or
liner, and backfill trenches with clean gravel.
5.4.5.11.9. Optional: Install watering system.
5.4.5.11.10. Optional: Install underground heating system and edging system.
5.4.5.11.11. Optional: Place geotextile membrane or liner over the soil bed in
accordance to specifications. If an impermeable liner is used,
make sure that perimeter trench and field trenches are not covered.
5.4.5.11.12. Optional: If panel -shaped pipes are used as field drains, install
panel -shaped pipes flat over the geotextile- membrane or liner and
connect to perimeter collector.
5.4.5.11.13. Place crushed stone base course without damaging the soil bed,
geotextile membrane, liner, drains or watering system. It is
important to create no depressions of the soil bed with heavy
equipment.
5.4.5.11.14. If the required compacted depth of the base course exceeds 6"
(15 Omm), the base shall be constructed in two (2) or more layers of
approximate equal thickness. Each layer must be compacted to
attain the specified compaction rate.
5.4.5.11.15. The crushed stone base course must be sloped 0.5% from the
longitudinal axis of the field towards the sidelines.
5.4.5.11.16. The grade of the crushed stone base course shall not vary more
than 1/2 " (12mm) from the specified grade. Laser grading is
recommended.
5.4.5.11.17. Compact the crushed stone base course to attain the specified
compaction rate.
5.4.5.11.18. Place crushed stone finishing course.
5.4.5.11.19. The crushed stone finishing course must be sloped 0.5% from the
longitudinal axis of the field towards the sidelines.
5.4.5.11.20. The grade of the crushed stone finishing course shall not vary more
than 1/2" (12mm) from the specified grade. The deviation from a
AEPA IFB 012-C- Page 31 of 57 Due Date: October 149 2011 at 1:30 PM EDT
Part B: Synthetic Turf
straightedge in all direction shall not exceed %4" in 10 feet. Laser
grading is recommended.
ti
5.4.5.11.21. Compact the crushed stone finishing course to attain the specified
compaction rate.
5.4.5.11.22. Optional: Place water -permeable asphaltic concrete.
5.4.5.11.23. Optional: The water -permeable asphaltic concrete must be sloped
0.5% from the longitudinal axis of the field towards the sidelines.
5.4.5.11.24. Optional: The grade of the water -permeable asphaltic concrete
shall not vary more than %2" (12mm) from the specified grade. The
deviation from a straightedge in all directions shall not exceed 1/4"
in 10 feet. Electronic guided paving equipment is recommended.
5.4.6. Design: The types, kinds and levels of athletic and recreational facilities found in
the 24 AEPA states will vary greatly. Because of this, a comprehensive and
complete line of synthetic turf/field systems are requested. The following
information is intended to provide the offeror a general guideline and minimum
specifications of the types and levels of synthetic field systems being requested.
Products offered must be equal to or better than those manufacturers' products listed
below and the offeror is encouraged to provide alternative systems. ,
5.4.6.1. Systems offered by Field Turf International Inc. 5211 Mitchell Bridge Road,
Dalton, GA, 30721, Phone Number (800) 724-2969, Fax Number (514) 340-
9311, website www.fieldturf.com
5.4.6.1.1. Outdoor Soccer "Monofilament" Series 1 (FTOM IS) - Pile Yarn.
Type: Polyethylene (UV resistant); Yarn Linear Density: 9000 (6
end monofilament with CF Wrap); Units: Denier +/- 5%; ASTM:
D 1577; Pile Height: 1 7/8" — 2 1 /8"; Units: Inches; ASTM:
D418/D5848; Pile Weight: 30; Units: oz/sq. yd."; ASTM:
D418/D5848; Turf Bind 6.0 lbs without infill. ASTM D1335; Grab
Tear width and length, >200 lbs/force, ASTM D 1682/D5034;
Carpet permeability, > 40 inches/hour, ASTM D4491; Impact
Attenuation, GMAX = < 13 5 at installation and = <200 over field
life, ASTM F355/F 1936.
5.4.6.1.2. FieldTurf Outdoor Soccer Series #2 (FTOS2-S) - Pile Yarn Type:
UV resistant Polyethlyene, UV -Performance: >80% retained
tensile strength after 5,000 hours; ISO4892-2; Linear Density:
8,000; Units: Denier +/- 5%; ASTM: D1577; Yarn Breaking
Strength: 47; Units: lbs; ASTM: D2256; Yarn Maximum
Elongation: 40%; ASTM: D2256; Yarn Melting Point: 250; Units:
Degrees F; ASTM: D789; Minimum Pile Height: 2; Units: Inches;
ASTM: D418; Maximum Pile Height: 2 1/8"; Units: Inches;
ASTM: D418; Pile Weight: 27; Units: oz/yd2; ASTM: D418;
Primary Backing Weight: 8.5 Units: oz/yd2; ASTM: D418;
Secondary Backing Weight: 16-18; Units oz/yd2; ASTM: D418;
Stitch Gauge 3/4 inch centers; ASTM: D418; Tuft Bind (without
infill): 7; Units lbs; ASTM: D1335; Tuft Bind (with infill): 12;
Units lbs; ASTM: D1335; Grab Tear Strength (width): 207; Units:
AEPA IFB 012-C- Page 32 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
lbs/force; ' ASTM: D 1682; Grab Tear Strength (length): 297; Units:
lbs/force; ASTM: D 1682; Pill Burn Test: meets standard
requirements; ASTM: 2859; Critical Radian Flux: 24; Units
BTU/hr/ft2; ASTM: E648; Impact Attenuation: 140-175; Units:
Gmax; ASTM: F355/F 1936; Relative Abrasiveness Index: 20;
ASTM: F 1015; Permeability: 40-60; Units: Inches/hour; ASTM:
F 15 51; Depth of Infill Material: 1 1 /4; Unit: Inches.
5.4.6.1.3. FieldTurf Duo Series 2 Soccer (FTHS-2S) - Pile Yarn Type: UV -
Resistant Polyethylene; Yarn Linaer Density: 12500; Unit: Denier
+/- 5%; ASTM: D 1907; Yarn Breaking Strength: 25 Nominal;
Units: lbs; ASTM: D2256; Yarn Maximum Elongation: 40%
Nominal; ASTM: D2256; Pile Height: 2"; Units: Inches; ASTM:
.D5848-, Pile Weight: 34; Units: oz/yd2; ASTM: D5848; Total
Weight: 57; Units oz/yd; ASTM: D5848; Primary Backing Weight:
>7; Units: oz/yd2; ASTM: D5848; Secondary, Backing Weight 16-
18; Units oz/yd2; ASTM: D5848; Stitch Gage:3/4 inch centers;
ASTM: D5848; Tuft Withdrawal Force: >7 (per bundle); Units:
lbs/force; ASTM: D 1335; Grab Tear Length: >200; Units:
lbs/force; ASTM: D5034: Grab Tear Width: >200; Units:
lbs/force; ASTM: D5034; Pill Burn Test: Pass; ASTM: D2859;
Impact Attenuation: <200; Units G-max; ASTM: F 1936;
Permeability: >40; Units: Inches/hour; DIN 18-035; Total Depth of
Infill Material: 1.25; Units: Inches; Impact Attenuation, GMAX =
<135 at installation and = <200 over field life, ASTM F355/F 1936.
5.4.6.1.4. FieldTurf Proscape 2" US Units(GF-FTS) — Pile Yarn Type: UV -
Resistant Polyethylene; UV -Performance: >80% retained tensile
strength after 500 hours; ISO:. 4892-2; Linear Density: 8000;
Units: Denier +/- 5%; ASTM: D 15770; Yarn Breaking Strength:
40 Units: lbs. ASTM: D2258; Yarn Maximum Elongation: 40%
nominal; ASTM: D2256; Yarn Melting Point: 250; Units Degrees
F; ASTM: D789; Minimum Pile Height: 2; Units: Inches; ASTM:
D418; Maximum Pile Height: 2.125; Units: Inches; ASTM: D418;
Pile Weight: 27: Units: oz/yd2; ASTM: D418; Primary Backing
Weight >7.0; Units: oz/yd2; ASTM: D418; Secondary Backing
Weight: 16-18; Units: oz/yd2; ASTM: D418; Stitch Gauge: %
inch centers; Tuft Bind (without infill): 8; Units: lbs; ASTM:
D 1335; Grab Tear Strength width: >200; Units: lbs/force; ASTM:
D 1682; Grab Tear Strength length: >200; Units: lbs/force; ASTM:
D 1682; Pill Burn Test: Pass; ASTM: D2859; Critical Radiant Flux:
24; Units: BTU/hr/ft2; Impact Attenuation, GMAX = <135 at
installation and = <200 over field life, ASTM F355/F1936;
Relative Abrasiveness: 20; ASTM: F 1015; Permeability: >40;
Units: Inches/hour; ASTM F 1551; Depth of Infill Material: 1.25;
Units: Inches.
5.4.6.1.5. FieldTurf Landscaping Grass (GF-FTS) — Pile Yarn Type: UV -
Resistant Polyethylene; UV -Performance: >80% retained tensile
strength after 5000hrs; ISO: 4892-2; Linear Density: 8000 Units:
AEPA IFB 012-C- Page 33 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Denier +/- 5%; ASTM: D 1577; Yarn Breaking Strength: 40
nominal; Units: lbs; ASTM: D2256; Yarn Maximum Elongation:
40% nominal; ASTM: D2256; Yarn Melting Point: 250; Units
Degrees F: ASTM: D789; Minimum Pile Height: 1.5; Units:
Inches; ASTM: D418; Maximum Pile Height:1.625; Units: Inches;
ASTM: D41.8; Pile Weight: 18; Units: oz/ yd2; ASTM: D418;
Primary Backing Weight: >7.0; Units: oz/ yd2; ASTM: D418;
Secondary Backing Weight: 16-18; Units: oz/ yd2; ASTM: D418;
Stitch Gauge: 3/4 inch centers; ASTM: D418; Tuft Bind (without
infill):8 Units: lbs; ASTM: D 1335; Grab Tear Strength Width:
>200; Units: lbs/force; ASTM: D 1682; Grab Tear Strength Length:
>200; Units: lbs/force; ASTM: D 1682; Pill Burn Test: Pass;
ASTM: D2859; Critical Radiant Flux: 24 Units: BTU/hr/ft2;
ASTM: E648; Relative Abrasiveness Index: 20 ASTM: F 1015:
Permeability: >40; Units: Inches/hour; ASTM: F 1551; Depth of
Infill Material:1; Units: Inches; Depth of Infill Material: Sand and
Rubber Filled.
5.4.6.1.6. FieldTurf Professional Putting Green — Pile Yarn Type: UV -
resistant polypropylene; UV -performance: >80% retained tensile
strength after 5000hrs ISO: 4892-2; Linear Density:7,600; Units:
Denier + - 5%; ASTM: D 1577;Yarn Breaking Strength: 47; Units:
lbs; ASTM: - D2256;Yarn Maximum Elongation: 40%; ASTM:
D2256; Yarn Melting Point: 250; Units: Degrees F; ASTM: D789;
Pile Height: 1 1 /41 /2"; Units: Inches; ASTM: D418 Pile Weight:
30; Units: oz/yd2; ASTM: D418; Primary Backing Weight: 4:
Units: oz/yd2; ASTM: D418; Secondary Backing: Urethane; Units:
No Perforations; ASTM: D418; Stitch Gauge: 3/8"; Units: Centers;
ASTM: D418; Permeability: 40-60 Units: Inches/hours; ASTM:
F 1551; Depth of Infill Materials: I"; Units: Inches.
5.4.6.1.7. FieldTurf Duo-Monofilament, Series I (FTHS- I S) Pile Yarn Type:
UV -resistant polyethylene; Yarn Linear Density: 12500; Units:
Denier +1-5%; ASTM: D 1907; Yarn Breaking Strength: 25
nominal; Units; lbs; ASTM: D2256; Yarn Maximum Elongation:
40% nominal; ASTM: D2256; Pile Height: 2.5 nominal (N.B.
Variation of +1-5% on pile height is within normal manufacturing
tolerances); Units: Inches; ASTM: D5848; Pile Weight: 40; Units
oz/yd2; ASTM: D5848; Primary Backing Weight: >7; Units
ox/yd/2; ASTM: D5848; Secondary Backing Weight: 16-18; Units:
oz/yd2; ASTM: D5848; Stitch Gauge: % inch centers; ASTM:
D5848; Tuft Withdrawal Force: >7 (per bundle) Units: lbs/force;
ASTM: D 1335; Grab Tear Length: >200; Units: lbs/force; ASTM:
D5034; Grab Tear Width: >200; Units: lbs/force; ASTM: D5034;
Pill Burn Test: Pass; ASTM: D2859; Impact Attenuation, GMAX
= <135 at installation and = <200 over field life, ASTM
F355/F 1936; Permeability: <40; Units: Inch/hour; ASTM: DIN 18-
033.
AEPA IFB 012-C- Page 34 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.6.1.8. Tarket Prestige Synthetic Grass; Yarn Characteristics:
Composition — Polyethylene; Structure: Straight Monofilament;
Yarn Count: 10000 Dtex/9000 denier + 10%; Tape Thickness: 120-
80 Microns; Tape Width Number of Tape: 6; Tuft Characteristics:
Tufting: In line; Gauge: 3/4"; Pile height: 2"; Number .of Stitches:
1 2/3 " +/- 5%; Velour weight: 30 oz/sqy +/- 10%; Backing
Characteristics: Primary Backing: Polypropylene two part
composite comprised of both woven and non -woven component;
Weight Per Unit: 7 oz/sgy; Type of Coating: solid urethane with
perforations; Coating Weight: 18-20 oz/sqy; Total Carpet Weight:
5.5 oz/sqy +/- 11 %; Ballast Characteristic: Ballasting sand must be
siliceous (95% min), washed and dried; rubber granules (SBR)
must be clean with 1 % of small elements under 0,5 mm; the grains
must be as round as possible; Sand Type d/D - granule size 0.5 /
1.2 mm; Quantity: 2 lbs/sqf; Recycled Type Granules: (particle
size 0,5/1,8) in accordance with NF P 1856; Quantity: 3 lbs/sqf;
Test Results: Ribbon Denier: 12412; Ribbon breaking strength:
34.15 lbs/force; Ribbon Elongation: 39.1 %; Ribbon Tenacity 1.82;
Ribbon Thickness: 100 microns; Melt Point: 125-C Polyethylene.
5.4.7. Scope for Synthetic Surface Installation
5.4.7.1. Furnish all labor, materials, tools and equipment necessary to inspect and
install, in place, all proposed synthetic turf systems offered under this
solicitation. Any project covered by this solicitation must meet or exceed the
athletic, recreational and/or landscaping synthetic turf facility requirements as
indicated on the owner's drawings, project scope, specifications and the terms,
conditions, standards, specified herein. The type of synthetic surface
solicitations offered may include but are not limited to those suitable for
football, soccer, baseball, softball, lacrosse, field hockey, public parks,
playgrounds and public facility landscaping. The installation of all new
materials shall be performed in strict accordance with the manufacturer's
written instructions and in accordance with approved shop drawings. The turf
contractor installer must have installed a minimum of ten (10) fields in using
the infill system being proposed. The turf contractor installer shall be
responsible for the acceptance and/or installation of the turf base and final
grade. The turf contractor installer shall be a single source and if not, the sub-
contractor will be the responsibility of the AEPA contractor.
5.4.7.2. For each project .for synthetic turf the submittals may include but are not
limited to:
5.4.7.2.1. Synthetic Turf: One (1) sample approximately 8" x 10"
5.4.7.2.2. Tufted 4" white line
5.4.7.2.3. Manufacturer's installation instructions, specifications and
requirements.
5.4.7.2.4. Manufacturer's data certifying compliance with the standards and
specifications of this solicitation.
AEPA IFB 012-C- Page 35 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.7.2.5. Submit to owner for approval, quality assurance information
relating to product appropriateness for the proposed project,
installer qualifications, bonds, certificate of insurance, permits, etc.
5.4.7.2.6. List of existing installations, including owner representative and
telephone number, attesting compliance with quality assurance
information.
5.4.7.2.7. Prior to final acceptance, the contractor shall submit to the owner
two (2) copies of maintenance manuals and if requested a
electronic copy, which will include all necessary instructions for
the proper care and preventative maintenance of the synthetic turf
system, including painting and striping.
5.4.7.2.8. Prior to the beginning of installation, the manufacturer/ installer of
the synthetic turf shall inspect the sub -base and supply a certificate
of sub -base acceptance for the purpose of obtaining manufacturer's
warranty for the finished synthetic playing surface.
5.4.7.2.9. Other submittals after contract signing will include samples of the
liner and credentials of the liner installer and sieve analysis of the
proposed base rock.
5.4.7.2.10. Shop drawings shall be prepared and contain all pertinent
information regarding installation. These drawings shall be
submitted to the owner for approval prior to the manufacturing and
shipment of materials. Submit drawings for:
5.4.7.2.10.1. Site preparation;
5.4.7.2.10.2. Installation of the turf;
5.4.7.2.10.3. Seaming plan;
5.4.7.2.10.4. Installation details to include but not limited to; edge detail,
goal post detail, other inserts, etc.; and
5.4.7.2.10.5. Striping plan; layouts showing any field lines, markings
and boundaries, and field logos per project drawings.
5.4.8. Quality Assurance
5.4.8.1. Manufacturer's Qualifications and Experience
5.4.8.1.1. - The synthetic turf solution/system manufacturer must be nationally
recognized and produce the quality and level of products solicited
herein. All solutions/systems offered must have been through
extensive and industry accepted testing methodologies to verify the
product's physical attributes, performance, durability and
reliability.
5.4.8.1.2. The synthetic turf solutions/systems manufacturer must have a
minimum of 10 years of manufacturing experience in synthetic turf
systems.
AEPA IFB 012-C- Page 36 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.8.1.3. The synthetic turf manufacturer must have a demonstrated track
record in acknowledging, dealing with and resolving warranty
claims and work.
5.4.8.1.4. The synthetic turf manufacturer must have a demonstrated capacity
and proven track record for providing the necessary inspections,
maintenance programs, materials, equipment and/or labor required
for the owner to operate and maintain the installed facility for its
identified life cycle.
5.4.8.2. Offeror's Qualifications and Experience
5.4.8.2.1. The offeror must be recognized and approved by the turf surface
system/solution manufacturer as an experienced provider and
installer, capable of performing and providing all of the materials,
equipment and labor to properly inspect, prepare the site, install the
turf surface/system/solution in accordance with the manufacturer's
instructions and specifications, while meeting or exceeding any
federal, state, local or industry standard codes, regulations and/or
requirements.
5.4.8.2.2. The offeror must have a demonstrated record of successfully
providing, installing and performing warranty work on a minimum
of 25 fields using the proposed turf surfaces/systems/solutions.
5.4.8.2.3. The offeror must have completed a turf project in a minimum of 10
of the 24 AEPA states.
5.4.8.2.4. The offeror shall employ and utilize only qualified, experienced
supervisors and technicians skilled in the installation of the
individual turf system being provided.
5.4.8.2.5. The offeror, for each of the 24 AEPA states, when required, must
have and agrees to maintain the appropriate licenses and
registrations enabling them to offer, conduct and to perform the
construction products and services covered by this solicitation. The
offeror's license(s) must be in good standing with the appropriate
governing authority.
5.4.8.3. Warranty
5.4.8.3.1. The offeror shall submit its manufacturer's warranty that
guarantees the usability and playability of the synthetic turf system
for its intended uses for an eight (8) year period, commencing with
the date of acceptance of the owner. The warranty coverage shall
not be prorated nor limited to the amount of the usage. The
warranty submitted must have the following characteristics:
5.4.8.3.1.1. Must provide full coverage for eight (8) years from the date
of warranty activation.
5.4.8.3.1.2. Must warrant materials and workmanship.
5.4.83.1.3. Must warrant that the materials installed meet or exceed the
product specifications and industry standards.
AEPA IFB 012-C- Page 37 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.8.3.1.4. Must have a provision to repair or replace such portions of
the installed materials that are no longer serviceable to
maintain a serviceable and playable surface based on
industry standards.
5.4.8.3.1.5. Must be a warranty from a single source covering
workmanship, all self-manufactured/produced or procured
materials.
5.4.8.3.1.6. Guarantee the availability of replacement material for the
synthetic turf system installed for the full warranty period.
5.4.8.3.2. If required, any warranty offered under this solicitation must be
secured by an insurance/bonding company nationally recognized
and licensed to do business in the 24 AEPA states.
5.4.8.4. Maintenance
5.4.8.4.1. The contractor shall furnish the owner with a written maintenance
and instruction manual for proper use and care of the provided
facility. The maintenance manual shall be specific to the turf
surface/system/solution installed and specify any use limitations
for the field (that is, heavy vehicle traffic, etc.)
5.4.8.4.2. The contractor shall make available all materials and equipment
the owner may need to maintain the facility.
5.4.8.4.3. As an option, and at an additional cost to the owner, the contractor
may offer to perform regular and ongoing maintenance related
services.
5.4.8.5. System Performance Characteristics
5.4.8.5.1. After the contractor installs the system, it must guarantee that the
field will meet the following performance criteria:
5.4.8.5.1.1. Permeability to ASTM: D4491. The system shall allow a
minimum percolation rate of 10 inches per hour.
5.4.8.5.1.2. Relative abrasiveness to ASTM: F1015. The system has an
abrasiveness index of 20.2.
5.4.8.5.13. Shock Absorbency to ASTM: F355. Less than 200 G-Max
for an eight (8) year warranty.
5.4.8.5.2. Flammability to ASTM: D2859 — pass
5.4.9. Synthetic Turf Installation
5.4.9.1. Prior to beginning the installation, contractor/installer shall:
5.4.9.1.1. Review the project design drawings and walk the project site to
verify and confirm the proposed system's layout and
measurements.
5.4.9.1.2.
AEPA IFB 012-C-
Part B: Synthetic Turf
From either the design drawings or the owner, learn where all
existing utilities; that is, water lines, electrical lines, etc. are
located.
Page 38 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
5.4.9.1.3. Understand and verify with the owner any special project site
restrictions and/or access requirements that may be needed.
5.4.9.1.4. Inspect and take an inventory of the synthetic turf product, supplies
and equipment to ensure that the products are what is requested,
are in the amounts needed to complete the project and are being
stored in accordance with the manufacturer's instructions.
5.4.9.1.5. Perimeter edge details, underground storm sewer piping and
connections, and goal post foundations required for the system
shall be as detailed and recommended by the manufacturer, and as
approved by the owner.
5.4.9.1.6. The surface to receive the synthetic turf shall be inspected and
certified by the manufacturer as ready for the installation of the
synthetic turf system and must be clean before installation
commences and be maintained in that condition throughout the
process.
5.4.9.1.7. If any deviations and/or discrepancies are found, the installer shall
not proceed with the installation until these are addressed and
accepted by manufacturer and owner.
5.4.9.2. Installation shall. not proceed when:
5.4.9.2.1. Ambient_ air temperature is below 50 degrees F. Material
temperature is below 50 degrees-F.
5.4.9.2.2. Rain is falling or pending, unless acceptable to qualified installers.
5.4.9.2.3. Conditions exist, or are pending, that will be unsuitable for the
installation procedures being utilized.
5.4.9.3. The installation shall be in accordance with manufacturer's instructions. The
turf contractor shall strictly adhere to installation procedures and processes
outlined in the manufacturer's instructions specifically relating to the
individual project being installed. Any variance from these requirements must
be accepted in writing, by the manufacturer's representative, and submitted to
the architect/owner's representative, verifying that the changes do not in any
way affect the end product and/or the warranty. Infill materials shall be
approved by the manufacturer and installed in accordance with the
manufacturer's standard procedures.
5.4.9.4.- The carpet rolls are to be installed directly over the properly prepared base.
Extreme care should be taken to avoid disturbing the base, both in regard to
compaction and planarity. It is suggested that a 2-5 ton static roller is on site
and available to repair and properly compact any disturbed areas of the base.
5.4.9.5. The full width rolls shall be laid out across the field. Turf shall be of sufficient
length to permit full cross -field installation from sideline to sideline. No head
or cross seams will be allowed in the main playing area between the sidelines.
Utilizing standard state of the art sewing procedures identified by the
manufacturer, each roll shall be attached to the next. When all of the rolls of
AEPA IFB 012-C- Page 39 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Contractor and all relevant Subcontractors must remain licensed during the period required for performance.
Contractor certifies that all Subcontractors and workers will be properly licensed to perform the work required by
this Contract before their commencement of work.
(9) If this contract is for public improvements, then retainage in the amount of 5% of the amount due shall be
withheld in accordance with Oregon laws, including ORS 279C.550 et seq.
(10) If this contract is for a public improvement, and unless exempted by resolution of the Owner, Contractor shall
comply with ORS 279C.3 80 and execute and deliver to Owner a good and sufficient performance bond and payment
bond to be approved by Owner in a sum equal to the contract price.
Byway of supplement to, and equally binding as, all of the foregoing:
(10.1) Contractor shall comply with all federal, state and local laws, codes, regulations and ordinances applicable to
the Work and the Contract. Failure to comply with such requirements shall constitute a breach of Contract and shall
be grounds for Contract termination. Without limiting the generality of the foregoing, Contractor expressly agrees to
comply with the following as applicable: I) Title VI and VII of Civil Rights Act of 1964, as amended; (ii)
Section 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Health Insurance Portability and
Accountability Act of 1996; (iv) the Americans with Disabilities Act of 1990, as amended; (v) ORS Chapter 659A;
as amended (vi) all regulations and administrative rules established pursuant to the foregoing laws; and (vii) all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Owner's
performance under the Contract is conditioned upon Contractor's compliance with the provisions of ORS 279C.505,
279C.5103, 279C.5159 279C.520, and 279C.530, which are incorporated by reference herein.
(10.2)Contractor shall comply with all applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations; and
(a) Contractor shall not discriminate against Disadvantaged, Minority, Women or Emerging Small Business
enterprises, as those terms are defined in ORS 200.005, in the awarding of subcontracts (ORS 279A.I 10).
(b) Contractor shall maintain, in current and valid form, all licenses and certificates required by law,
regulation, or this Contract when performing the Work.
(10.3) Unless contrary to federal law, Contractor shall certify that it shall not accept a bid from Subcontractors to
perform Work as described in ORS 701.005 under this Contract unless such Subcontractors are registered with the
Construction Contractors Board in accordance with ORS 701.035 to 701.055 at the time they submit their bids to the
Contractor.
(10.4) Unless contrary to federal law, Contractor shall certify that each landscape Contractor, as defined in ORS
671.520(2), performing Work under this Contract holds a valid landscape Contractor's license issued pursuant to
ORS 671.560.
(10. 5) The following notice is applicable to Contractors who perform excavation Work. ATTENTION: Oregon law
requires you to follow rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR
952-001-0010 through OAR 952-001-0090. You may obtain copies of the rules by calling the center at (503)232-
1987.
(11) Contractor must certify compliance with the Oregon tact laws in accordance with ORS 305.385 when applicable.
(12) Upon receipt by Contractor of any notice or claim, pursuant to ORS 279C.600 et seq (concerning action against
bonds) Contractor shall immediately notify Owner in writing.
AEPA IFB 012 Part A Page 86 of 110 Due: October 14, 2011 at 1:30 pm EDT
the playing surface have been installed, the sideline areas shall be installed at
right angles to the playing field turf.
5.4.9.6. If manufacturer's instructions require a 99% sewn installation, gluing of rolls
shall not be acceptable. Minimum gluing will only be permitted to repair
problem areas, corner completions and to cut in any logos or inlaid lines as
required by the specifications. All seams shall be sewn using double bagger
stitches and polyester thread, or in the case of inlays only, adhered using
seaming tape and high grade adhesive (per the manufacturer's standard
procedures). Seams shall be flat, tight and permanent with no separation or
fraying.
5.4.9.7. Infill materials shall be applied in numerous thin lifts. The turf shall be brushed
as the mixture is applied. The infill material shall be installed to a depth
determined by the manufacturer' based on the individual project's
specifications.
5.4.9.8. The infill materials shall be installed to fill the voids between the fibers and
allow the fibers to remain vertical and non -directional. The infill installation
consists of a base layer of sand followed by a homogenous mixture of the sand
and the cryogenically processed rubber. A final application of specifically
sized cryogenically processed rubber completes the system. The infill shall be
installed to the depth as specified by the individual project's specifications.
Infill - density shall consist of no more sand and rubber than specified per square
foot. The infill shall be placed so that there is a void as specified for the system
to the top of the fibers.
5.4.9.9. Field Markings
5.4.9.9.1. All fields of play perimeter lines, five -yard lines, hash marks,
yardage numbers, perimeter boundary and logo shall be done in
accordance with the turf manufacturer's instructions and
specifications. The individual project's design drawings shall
comply with national and state sport organizations, national
associations and industry standards.
5.4.9.9.2. Prior to the - application of � any line painting, the turf shall be
fibrillated by means of a nylon rotary brush to provide the look,
feel and safety of optimally maintained natural grass, including
subtle undulations normally associated with natural grass athletic
fields.
5.4.9.9.3. Non -tufted or inlaid lines and markings shall be painted according
to the recommendations of the turf manufacturer and of the paint
manufacturer. All markings are to be installed in accordance with
approved shop drawings.
5.4.9.9.4. If football is to be the primary sport, all five -yard lines will be
tufted in.
5.4.9.9.5. Balance of sports markings will be inlaid/painted in accordance
with the contract drawings.
AEPA IFB 012-C- Page 40 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.9.9.6. The center field logo will be inlaid/painted according to artwork
shown on the contract drawings and in accordance with turf
manufacturer's standard palette of colors.
5.4.9.9.7. The end -zone letters and logos will be inlaid/painted according to
artwork and fonts shown on the contract drawings, and in
accordance with turf manufacturer's standard palette of colors.
5.4.9.10. In -Ground Equipment and Accessories
5.4.9.10.1. The offeror must provide, deliver and install, as required by AEPA
member, in -ground equipment and accessories. In -ground
equipment offered under this IFB may include but is not limited to
the following (Model number is UCS equivalent) or equal:
5.4.9.10.1.1. Pole Vault Boxes: Provide (#711 -1100) cast aluminum
vault boxes. The contractor shall provide synthetic
surfacing material plugs, which are to be installed level to
the surfacing of the respective runway and be of similar
texture as the surrounding synthetic surfacing.
5.4.9.10.1.2. Take -Off Boards: Provide (#519-2100) take -off board
systems.
5.4.9.10.1.3. Shot Put Toe Boards: Provide (#716-1630) 3-1/4 shot put
toe boards.
5.4.9.10.1.4. Discus, Shot & Hammer Ring Forms With Built -In Circles
5.4.9.10.1.4.1. Shot Put Rings Form #725-2592
5.4.9.10.1.4.2. Discus Rings Form #725-2591
5.4.9.10.1.4.3. Hammer Rings Form #725-2593
5.4.9.10.1.5. Combination Hammer/Discus Cage #572-4100R IAAF
Stadium Model - IAAF Certified E-99-005 8
5.4.9.10.1.6. Hammer/Discus Conversion Ring #725-2535
5.4.9.10.1.7. Adjustable Water Jump Hurdle with Sleeves #506-5413
5.4.9.10.1.8. Aluminum Water Jump Cover Recessed #505-5420. As
required by the AEPA Member the offeror is to install track
surfacing onto the cover. The cover, when installed with
synthetic surfacing on it, shall be flush with the
surrounding area.
5.4.9.10.1.9. Removable Aluminum Track Curbing: Removable track
curbing shall consist of extruded anodized aluminum
section constructed to allow portable installation. The curb
shall meet the requirements of the IAAF. The curb will run
the length of the 400m tracks with a section to run
alongside the water jump inside of lane one on the second
bend. The sections indicated on the drawings shall be
removable when the curb is fully installed to allow passage
of athletes. The following finishes are to be offered:
AEPA IFB 012-C- Page 41 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.9.10.1.9.1. #792-9410 Powder -Coated Gold
5.4.9.10.1.9.2. # 792-9411 Powder -Coated Silver
5.4.9.10.1.9.3. #792-9412 Non -Powder -Coated
5.4.9.10.1.9.4. #792-9413 White Powder -Coated
5.4.9.10.1.10. Long Jump Sandpits and Traps: The sandpits shall be
constructed using the ACO border and sand trap system,
Parts Number 2739/1453/0962, installed to manufacturer's
instructions.
5.4.9. 10. 1.11. Sand: All sand for the long/triple jumps sand. pits shall be
clean, washed, white sand, containing not more than five
percent (5%) clay and shall be free of trash, organic matter,
and rock. Installed sand is to meet all specifications of the
IAAF — washed river sand, 0 to 2mm graining, no organic
components, maximum five percent (5%) of weight up to
0.2mm. Prior to installation, the contractor shall provide
the member with a one (1) gallon sample for approval.
5.4.9.10.2. Other accessories that may be required to conduct and/or perform
athletic events held within the athletic facility, which is a semi-
permanent part of the structure may be provided as required by the
AEPA Member.
5.4.9.11. Cleaning
5.4.9.11.1. Protect installed field turf surface from subsequent construction
operations.
5.4.9.11.2. Do not permit traffic over unprotected surface.
5.4.9.11.3. Contractor shall provide the labor, supplies, and equipment as
necessary for final cleaning of surfaces and installed items.
5.4.9.11.4. All usable remnants of new material shall become the property of
the owner.
5.4.9.11.5. The contractor shall keep the area clean throughout the project and
clear of debris.
5.4.9.11.6. Surfaces, recesses, enclosures, etc., shall be cleaned as necessary to
leave the work area in a clean, immaculate condition ready for
immediate occupancy and use by the owner.
5.4.9.12. Project Close -Out
5.4.9.12.1. The contractor and the member's representative shall conduct a
complete and extensive site inspection of all work performed and
products provided and installed.
5.4.9.12.2 The contractor shall provide all the testing data to the owner that
the finished field installed meets the required shock attenuation, as
per ASTM F 1936.
AEPA IFB 012-C- Page 42 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.4.9.12.3. Two (2) copies of maintenance manuals, which will include all
necessary instructions for the proper care and preventative
maintenance of the synthetic turf system, including painting and
markings, will be furnished to the owner.
5.4.9.12.4. The contractor shall provide owner's personnel with training to
enable them to develop a complete knowledge and understanding
of the supplies, materials and equipment required to maintain and
keep the install system in good working condition through its life
cycle.
5.4.9.12.5. Based on the owner's individual project requirements, provide at
least one (1) copy of the project record documents that may
include but is not limited to:
5.4.9.12.5.1. As -built drawings showing the actual locations of seams,
drains, in -ground equipment and other accessories
installed/ or provided.
5.4.9.12.5.2. Manufacturer's instruction and maintenance manuals for
turf and installed equipment.
5.4.9.12.5.3. Any state, local and/or manufacturer's inspection report or
certificate certifying that all state, local and manufacturer's
standards, codes and requirements have been met.
5.4.9.13. Warranty Documents
5.4.9.13.1. Submit manufacturer's warranty with all of the forms that were
completed and submitted in owner's name and registered with the
manufacturer. Within this documentation, the turf manufacturer
must verify that their factory representative has inspected the
installation of the completed project and that all work conforms to
the manufacturer's specifications and requirements.
5.4.9.13.2. The manufacturer's warranty shall include general wear and
damage caused from UV degradation. The artificial grass field turf
must maintain an ASTM 355 G-max in accordance with product
specifications for the life of the warranty. The warranty shall
specifically exclude vandalism and acts of God beyond the control
of the owner or the manufacturer.
5.4.9.13.3. The turf manufacturer's/contractor's warranty must be supported
by a paid -up insurance policy or performance bond to ensure that if
warranty work is required during the eight (8) year warranty
period, the work can be performed, even if the
manufacturer/contractor goes out of business or no longer exists.
5.4.9.13.4. The prime contractor shall provide a warranty to the owner that
covers defects in the prep -work, installation, workmanship, and
further warrants that the installation was done in accordance with
both the manufacturer's recommendations and any written
directives of the manufacturer's onsite representative.
AEPA IFB 012-C- Page 43 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.5. Turf Cleaning, Grooming and Maintenance Services
5.5.1. The offeror must be willing and able to demonstrate its past experience in
cleaning, grooming and maintaining various manufacturers of synthetic turf field
systems in the United States within the past five (5) years. Preferably, the
experience will be with educational and governmental customers located in the
Southwest area of the United States.
5.5.2. The offeror shall use its own employees or subcontractors that are experienced
and skilled in the cleaning, grooming and maintaining of various manufacturers'
synthetic turf field systems.
5.5.3. The offeror must meet the following criteria:
5.5.3.1. Guarantees the usability and playability of the synthetic turf system for its
intended uses after any cleaning, grooming and maintenance completed by the
offeror.
5.5.3.2. Prior to order of materials or use of any equipment on the synthetic turf, the
contractor shall submit the following documentation:
5.5.3.2.1. The materials that will be used meet the manufacturer's
specifications and will not void any part of the Member's warranty
for the synthetic turf.
5.5.3.2.2. Any equipment that will be used for grooming, cleaning and
maintenance is approved by the turf manufacturer and will not void
any part of the Member's warranty for the synthetic turf.
5.5.4. Prior to beginning any services, the offeror must identify the following for the
Member's synthetic turf:
5.5.4.1. Identify the manufacturer of the turf and infill material used.
5.5.4.2. Identify the turf construction (i.e. tufted, woven, knitted, etc.).
5.5.4.3. Identify the play lines (i.e. permanent, temporary, etc.).
5.5.4.4. Identify the drainage and irrigation systems to include, but not be limited to:
5.5.4.4.1. How they operate.
5.5.4.4.2. How they are controlled.
5.5.4.4.3. System design.
5.5.5. Work to Include:
5.5.5.1. Assess and determine existing site conditions. and Member's expectations for
the project.
5.5.5.2. Develop a proposed solution to conform to and meet the Member's
expectations while considering and ensuring the following:
5.5.5.2.1. The solution proposed is adequate
existing site conditions and will
manufacturers' specifications.
and functional within the
comply with all turf
AEPA IFB 012-C- Page 44 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.5.5.2.2. Provide labor, materials, equipment and supervision necessary to
provide the services offered, to include the following:
5.5.5.2.2.1. Site inspection and investigation.
5.5.5.2.2.2. Turf type and manufacturer.
5.5.5.2.2.3. Grooming of the turf surface per manufacturers'
specifications.
5.5.5.2.2.4. Removing unwanted foreign material to include, but not
limited to, leaves, weeds, unwanted vegetation, and any
other debris that will affect the performance of the turf.
5.5.5.2.2.5. Repair damaged turf to manufacturer's specifications.
5.5.5.2.2.6. Remove spots and stains per manufacturer's specifications.
5.5.5.2.2.7. Re -leveling infill as required, keeping the pitch in optimum
condition.
5.5.5.2.2.8. Play Lines:
5.5.5.2.2.8.1. Permanently inlaid play lines are secured and affixed
to the turf per the manufacturer's specifications and/or
repair or re -secure as required.
5.5.5.2.2.8.2. All painted lines are to use proprietary or
recommended paint by the turf manufacturer.
5.5.5.2.3. Provide cost estimates and information relating to ongoing
inspections and maintenance services to ensure proper operation
and upkeep of the synthetic field.
5.5.5.3. Identification of Infilled Systems: The specifics of the synthetic surface, fiber,
infill, construction, play lines, and any other basic elements or unusual features
must be accurately identified so that the appropriate maintenance regimen can
be applied. Such identification should be obtained from the provider. of the
system.
5.5.5.3.1. Fiber Identification
5.5.5.3.1.1. Fibers vary in length, thickness, and density depending
upon the performance requirements of the synthetic turf
system for which it has been designed.
5.5.5.3.1.2. Long pile systems may be filled with a combination of sand
and rubber granules, rubber granules only, or a combination
of other specialty materials in order to meet the pre-
determined performance criteria.
5.5.5.3.2. Infi l l Identification
5.5.5.3.2.1. Sand: The sand material used as infill should be rounded to
sub -angular and silt free.
5.5.5.3.2.2. Rubber: The rubber granules used as infill material are
typically Styrene Butadiene Rubber (SBR) or Ethylene
AEPA IFB 012-C- Page 45 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Propylene Dien Polimerisat (EPDM.) The granules must be
clean and metal free.
5.5.5.3.2.3. Other: Combinations of sand, rubber, or other suitable
materials in various combinations must be capable of
meeting all the guidelines and environmental requirements
at the installation location.
5.5.5.3.3. Construction Identification
5.5.5.3.3.1. Tufted: The most commonly used process by which the
fiber yarns that form the pile are inserted into a previously
prepared blanket -like primary backing.
5.5.5.3.3.2. Woven: The process where the surface is composed of
interlacing sets of continuous yarn.
5.5.5.3.3.3. Knitted: The process in which the yarn fibers of the- pile are
tied to the backing which was simultaneously constructed
in the same over and under, cross -cross process.
5.5.5.3.4. Play Lines Identification
5.5.5.3.4.1. The permanent play lines defining the field of play can be
tufted into the surface backing or are an integral part with
the surface, having been inlaid or cut into the surface with
designated colors.
5.5.5.3.4.2. Temporary play lines are encountered when changes in
field definitions are required. They are painted onto the
surface, but require frequent attention, repainting, or repair
to maintain their appearance. Frequent inspection is
recommended.
5.5.5.3.4.3. Desirability of permanent or temporary markings depends
on the use of the sport, seasonality, and preference of the
users.
5.5.5.4. Maintenance Procedures: Maintenance procedures implement the processes
available that will help assure continued performance of the system as
specified in relation to the declared purpose and use of the synthetic turf
surface.
5.5.5.4.1. General Surface Cleaning
5.5.5.4.1.1. Airborne pollutants such as leaves and other debris should
not be allowed to remain on the surface for any length of
time. If not removed, they will migrate into the system,
forming a drainage inhibition within the surface which can
reduce drainage effectiveness.
5.5.5.4.1.2. A wide soft broom can be used for removing the surface
debris.
5.5.5.4.1.3. A ' mechanical leaf sweeper or special vacuum cleaner
which does not remove the infill can be used.
AEPA IFB 012-C- Page 46 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
0
5.5.5.4.1.4. All mechanical equipment must be well maintained and
carefully operated to avoid contamination or physical
damage to the synthetic turf system.
5.5.5.4.2. Grooming
5.5.5.4.2.1. Proper grooming achieves a freshening of the synthetic turf
surface appearance. It is a crucial operation which will
help prevent the premature deterioration of the performance
characteristics, appearance, and drainage properties.
5.5.5.4.2.1.1. Mechanical grooming can accelerate the process when
the proper equipment is chosen and operated by skilled
personnel.
5.5.5.4.2.1.2. Drainage is essential to effective maintenance. It is
possible that the bed of infill material serves as a filter.
Infill can unavoidably retain inert particulate matter
conveyed or blown onto the field or carried by rainfall
or other air contaminants. By moving and re -leveling
the upper layers of infill, mechanical. grooming can
delay the timeline when problems may begin to occur
in the normal course of use, which could reduce the
drainage process.
5.5.5.4.2.1.3. Accumulation of unwanted or foreign materials is
inevitable. Too much grooming, or the negligence of
grooming, can affect the long-term turf performance,
even if such does not appear in the short run. Should a
contaminant have a growth potential, the species and
its eradication agents should be carefully identified
and removal should be immediate before serious
infestation occurs. Equipment designed for that
specific purpose must be operated by skilled personnel
who have precise knowledge of its effects.
5.5.5.4.2.1.4. Routine maintenance, if regularly applied, can reduce
the long-term effects of any external contaminants,
making such occurrences almost a non -issue.
5.5.5.4.3. Brushing
5.5.5.4.3.1. The synthetic turf pile needs to be maintained vertically
and requires regular brushing to maintain the vertical pitch
of the turf. The surface should be brushed in a number of
directions, alternating the direction in consecutive
activities.
5.5.5.4.3.2. Methods of brushing can be, but not limited to, synthetic
lawn rake, mechanical sweepers or blowers.
5.5.5.4.3.3. It is critical that the type of brush used does not abuse the
condition of the surface.
AEPA IFB 012-C- Page 47 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.5.5.4.3.4. Brushes that have a rotary action in a horizontal position in
front of the drive unit are preferred since they agitate the
blades of the synthetic turf. The simultaneous vacuuming
action should remove the undesired pollutants and debris.
Drag brushes are not recommended for use for AEPA
Members since they have a tendency to flatten the turf pile
and increase cleaning process.
5.5.5.4.3.5. Any equipment used for brushing, grooming and cleaning
the synthetic turf system needs to meet the turf
manufacturer's specifications as not to void any of the
Member's warranty.
5.5.5.4.4. Frequency
5.5.5.4.4.1. The offeror will need to consult with the turf manufacturer
as to the maintenance schedule.
5.5.5.4.4.2. A change in the use patterns and the intensity of play can
influence the frequency of maintenance. It will be the
contractor's responsibility to keep abreast of the schedule
of activities that will take place on the field so the
contractor can ascertain the amount of labor and materials
needed to maintain the field.
5.5.5.4.4.3. In the case of new installation, it may take up to six months
for the infill to finally settle into the pile of the synthetic
turf. Environmental, climatic and use conditions may affect
the final settling. Testing of the synthetic surface should
occur as noted in the manufacturer's specifications or in the
"Suggested Guidelines for the Essential Elements of
Synthetic Turf Systems," published by the Synthetic Turf
Council, and available at www.syntheticturfcouncil.or.
5.5.5.5. Special Conditions
5.5.5.5.1. Play lines
AEPA IFB 012-C-
Part B: Synthetic Turf
5.5.5.5.1.1. Permanent lines require no special attention other than
checking how securely they are affixed. At a minimum,
such a check of the seams in the synthetic turf field should
also be made at every grooming session. Any breakdown
of the seams at lines or in the main covering should be
immediately remedied in order to avoid ongoing
deterioration and to help prevent tripping hazards.
5.5.5.5.1.2. When additional lines are required for special events or
changes in the sports being played, these can be painted
onto the surface using proprietary or recommended paints
that have been specified by the manufacturer of the
synthetic turf. The contractor will work with the AEPA
Member to recommend the most effective solution for the
event. The lines can be a combination of permanent, semi-
Page 48 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
permanent, or temporary effects. Marking compounds for
natural grass should not be used, as these will leave a
buildup, forming a crust and potential mobility hazards.
5.5.5.5.2. Stain Removal
5.5.5.5.2.1. Most stains can be removed easily with a solution of hot
(not boiling) water and a manufacturer -approved household
detergent. Removal of chewing gum can be simplified by
making the gum brittle with a proprietary aerosol freezing
material. Any other contamination requires the turf
manufacturer's individual consultation and determination of
what course of action is to be taken.
5.5.5.5.3. Snow and Ice
5.5.5.5.3.1. Snow and ice are not harmful and can be permitted to melt.
If it is urgent to remove the snow in order to allow play,
brushes may be used. If the area to be cleared is a full field
size, logistics of transporting and disposing of snow may
prove prohibitive. The contractor will not use mechanical
snow removal equipment other than the equipment
recommended by the manufacturer of the turf.
5.5.5.5.4. Vehicles Used on the Turf
5.5.5.5.4.1. No vehicles with narrow wheels or tires should run over the
turf.
5.5.5.5.4.2. All vehicles should be lightweight as to not form grooves in
the surface or compact the sub -base formation. The offeror
will need to verify with the turf manufacturer the type and
size of vehicle that can be used on the turf.
5.5.5.5.4.3. When carrying out maintenance with a vehicle, the grounds
person should slow down when maneuvering and turn in a
wide circle to ensure that the wheels/tires do not dig into
the turf.
5.5.5.5.4.4. The vehicle should turn its wheels only when in motion.
All vehicles should travel at slow speeds and avoid any and
all abrupt and sudden braking, sudden acceleration or
spinning of the wheels, especially on wet surfaces.
5.5.5.5.4.5. Vehicle load limits to be determined by the manufacturer of
the synthetic turf system.
5.5.5.5.4.6. The offeror will need to verify with the manufacturer as to
the suggested turning circles on any vehicles to be used on
the turf.
5.5.5.5.4.7. All vehicles must be checked before use to determine oil or
gas leaks. If such are found, they should be repaired before
entry onto the field.
AEPA IFB 012-C- Page 49 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.5.5.5.5. Use Patterns
5.5.5.5.5.1. Maintenance input is dependent upon the extent to which a
field is used and the effectiveness of the maintenance
operations.
5.5.5.5.5.2. Any effects upon the maintenance schedule due to a change
of use or condition of the field should be brought to the
attention of the AEPA Member by the contractor.
5.5.5.5.5.3. The contractor will keep daily maintenance logs as to the
work performed on the synthetic turf field. If maintaining
more than one field, separate maintenance logs will be kept
for each field. The log is to include, at a minimum, type of
maintenance completed, materials used, hours required, and
any other information the AEPA Member requires.
5.5.5.5.5.4. The contractor will provide copies of the maintenance logs
at the request of the AEPA Member.
5.5.5.6. Normal Maintenance
5.5.5.6.1. Daily: Check the field after each day's use for distribution and
condition of the heavily played areas.
5.5.5.6.2. Weekly: Brush the surface of the field with a static (non -rotary)
double brush including simultaneous vacuum devices to
redistribute the infill, maintain vertical fibers, and a level playing
"use" field.
5.5.5.6.3. Monthly: Check infill levels, seams, inlaid lines, etc., and report
failures (if any) to the manufacturer. Also, check for over -
compaction and de -compaction as may be necessary. It is essential
that the appropriate equipment is used in order to achieve the
specified performance criteria.
5.5.5.6.4. Periodically: At least once a year, a full grooming session should
take place, brushing (rotating unit), vacuuming, de -compacting,
and grooming (static brush). Top dress with new infill may be
required. Contact the manufacturer if any aspect of the
maintenance process is causing a significant concern.
5.5.5.7. Maintenance Agreement
5.5.5.7.1. The offeror can offer the annual maintenance agreement based
upon, at the minimum, specifications as recommended by the turf
manufacturer.
5.5.5.7.2. Any maintenance agreement offered by the contractor needs to
include, at a minimum, the following:
5.5.5.7.2.1. For what items and services the Member is responsible and
for what items the contractor is responsible.
AEPA IFB 012-C- Page 50 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
5.5.5.7.2.2. The agreement is to be based upon the turf manufacturer's
specifications for annual maintenance for the synthetic turf
system installed.
5.5.5.7.2.3. The offeror can offer other products and services that are
related to turf maintenance under this IFB.
5.5.5.8. Submittals
5.5.5.8.1. Synthetic turf manufacturer's specifications and procedures for
grooming, cleaning and maintenance of the turf system installed.
5.5.5.8.2. Material Safety Data Sheet (MSDS) to include, but not limited to,
all types of infill, paints, glues, herbicides, etc., used in the
performance of the service.
5.5.5.8.3. Samples: Samples of materials and colors as requested by the
member or member's representative.
5.5.5.8.4. Detailed information on all items and work to be provided and/or
performed by the member and stipulate minimum requirements.
5.5.5.8.5. Maintenance Instructions: Instructions on how to inspect and
maintain turf system on an ongoing basis to obtain maximum
performance.
5.5.5.8.6. Warranty: Written warranty to the member upon completion of any
repair, weed treatment, infill corrections or play line striping.
5.5.5.8.7. Cost Proposal: Detailed breakdown of all costs associated with the
design, manufacture, delivery, installation and warranty of the
proposed solution.
5.5.5.9. Quality Assurance
5.5.5.9.1. Contractor: Proposed solutions must meet or exceed the turf
manufacturer's specifications for grooming, cleaning and
maintenance.
5.5.5.10. Contractor Qualifications
5.5.5.10.1. Contractor must have five (5) years of experience in the
installation and maintenance of synthetic turf systems which meet
and/or exceed the standards and guidelines from the turf
manufacturer.
5.5.5.10.2. Factory -trained and certified by the turf manufacturer for
maintaining synthetic turf systems.
6. Substantiating Documentation
6.1. Required Categorical Responses:
offeror's response non -responsiv
e
AEPA IFB 012-C- Page 51 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
6.1.1. Offeror must respond to and provide all of the documentation requested in Form
F, Contractor's Qualifications.
6.1.2. Offeror must, through written narrative, clearly identify the products and services
it is proposing to provide AEPA members under this IFB. The narrative shall
include:
6.1.2.1. The manufacturer's name(s).
6.1.2.2. The levels of products offered from each manufacturer.
6.1.1.3. Submit one sample of each product offered, 6x6 inch in size, illustrating details
of finished product.
6.1.2.4. Submit the major component manufacturer's/supplier's name, component and
composition of the component.
6.1.2.5. Certified copies of independent (third -party) laboratory reports on ASTM tests
on the products offered.
6.1.2.6. For each manufacturer, provide the required documentation to demonstrate its
ability to perform as a party to this solicitation.
6.1.2.7. Completed information on any subcontractor that will be utilized to provide
any major components/products and/or perform services under this solicitation.
6.1.2.8. Samples of the turf surface manufacturer's/contractor's warranty to be
provided to the owner covering defects in materials, workmanship, excessive
color change, excessive wear, and any other feature which is not deemed
ordinary wear on a running tracks/courts of the type provided for a period of
eight (8) years from the date of substantial completion. The method utilized by
the surface manufacturer to verify that their onsite representative has inspected
the installation and that the work conforms to the manufacturer's specifications
and -requirements for the warranty to be issued.
6.1.2.9. Provide documentation demonstrating the surface manufacturer's/contractor's
warranties is supported by an insurance policy or performance bond for the full
eight (8) year period.
6.1.2.10. Provide a sample of the subcontractor's warranty to be provided to the AEPA
contractor covering defects in the work performed, installation, workmanship
and further warrants that the installation was done in accordance with both the
manufacturer's recommendations and any written directives of the
manufacturer's onsite representative.
6.1.3. Offeror must, through written documentation, demonstrate its ability to provide
and perform those products and services offered herein to all 24 AEPA states by
providing prior experience with educational and or governmental institutions. The
documentation shall include:
6.1.3.1. For each product offered, list one (1) previous project performed in 10 of the
24 states, which has been used by the owner for one or more years.
6.1.3.2. The general scope of work for each project and the size and type of turf system
installed.
6.1.3.3.
The manufacturer's product used for each project listed.
AEPA IFB 012-C- Page 52 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
6.1.3.4. The total cost of each project.
6.1.3.5. The institution's name, address, phone number, contact person's name and title
for each project.
6.1.3.6. Provide the timeline for each project listed and provide a brief narrative of the
pre -sale and follow-up consulting services offered to ensure institution's
satisfaction.
6.1.4. Provide a brief narrative for three (3) projects that you have done for educational
and or governmental institutions that, since the project was completed and signed
off, you have had to go back and perform warranty work. Please include the
following:
6.1.4.1. Through your evaluation of the problem, what did you find as the cause of the
problem?
6.1.4.2. What products and/or services did you have to provide to resolve the problem?
6.1.4.3. Was the customer satisfied with your solution and would they be willing to
give you a letter of reference if requested?
6.1.4.4. Provide a narrative of your company's policies, procedures and strategies to
ensure quality control, response to concerns before, during and after the
project. Indicate what follow-up, review and oversight process your
management team has in place to ensure member satisfaction.
6.1.5.If providing Turf Cleaning, Grooming and Maintenance Services provide the
following:
6.1.5.1. Offeror must, through written documentation, demonstrate its ability to provide
and perform those products and services offered herein to all 24 AEPA states
by providing prior experience with educational and or governmental
institutions. The documentation shall include:
6.1.5.1.1. For each product offered, list one (1) previous project performed in
10 of the 24 states, which has been used by the owner for one or
more years.
6.1.5.1.2. The process used to identify the turf manufacture and the type of
cleaning, grooming and maintenance services provided.
6.1.5.1.3. What type of maintenance agreements provided, weekly, monthly
or yearly services?
6.1.5.1.4. The total cost of the services provided for each project completed
to include the length of the contract.
6.1.5.1.5. The institution's name, address, phone number, contact person's
name and title for each project.
6.1.5.1.6. Provide the timeline for each project listed and provide a brief
narrative of the pre -sale and follow-up consulting services offered
to ensure institution's satisfaction.
6.2. Cost Considerations
AEPA IFB 012-C- Page 53 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
6.2.1. The offeror must provide a complete listing of all products and services that it is
proposing to offer under this solicitation. All products and services pricing must be
determined by one of the pricing methods defined herein.
6.2.2. Price sheets and/or catalogs: For those products and services that are priced using a
manufacturer's published price list or product catalog, -provide complete price list
and/or catalogs that includes product number, product description, unit of measure
for the available product, the item's price and what that price includes (delivery,
installation, etc.). The offeror will indicate in its response the amount of discount to
be applied to each item to arrive at the individual AEPA state agency price. Within
the terms of this IFB, different manufacturers/products can have different discounts
as long as the discounts are clearly stated within the offeror's response. If a price
list or MSRP is not available, then the offeror must utilize one of the other
established pricing methodologies.
6.2.2.1. AEPA understands the basic cost of the products/services listed on a published
price list indicates the cost of acquiring, manufacturing, and preparing the
products/ services shipped to a project site. It is also understood that the cost
incurred by the AEPA contractor to deliver, store and install the
products/services to an individual project site will differ depending on the
AEPA state that the project site is located and the distance form the
contractor's home location. Therefore, for each of the AEPA states listed
herein, provide your multiplier/factor to be applied to the base AEPA price
shown on the published price list to arrive at the individual AEPA state price.
6.2.2.2. Example: If the published price on the price is $1,000 and the AEPA discount
is 20%, the AEPA price would be ($1,000 x .20 = $200 amount of AEPA
discount and $1,000 - $200 = an AEPA price of $800). If the contractor bid a
state , multiplier/factor of 1.02%, to arrive at the AEPA state, the price would be
$816 ($800 x 1.02 = $816).
6.2.3. The R.S. Means Company publishes a CD Rom and books covering the areas
specified in the General Terms and Conditions of this IFB. The current CD/books
will be the basis for all quotes and proposals.
6.2.3.1. For individual construction, cost items within the R.S. Means cost -book
(including labor, overhead and profit), will be charged to the member for
construction items. Please note that costs relating to non -construction
items/assemblies (general condition items) such as season of the year; home,
office costs; insurance; project management and supervision; office and
storage trailers; pick-up trucks, mileage, per diem, transportation/delivery;
safety equipment, weather conditions, etc., must be included as part of the
contractor's multiplier/factor to be applied to the R.S. Means cost proposal to
achieve the AEPA cost for the project. A bid multiplier/factor of 92%
indicates that the contractor will charge the R.S. Means total cost times .92 as
the billable amount. A bid multiplier/factor of 102% indicates that the
contractor will charge the R.S. Means total cost times 1.02 as the billable
amount.
6.2.3.2. When using the R.S. Means assembly cost items, the contractor must, for each
individual cost item/assembly, indicate and document any of the R.S. Means
AEPA IFB 012-C- Page 54 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
special factors that are applicable, including factors affecting cost, quality of
materials, productivity of labor force, size of project and location.
6.2.3.3. No R.S. Means (General Conditions Items), such as contract
management/supervision, home office costs, travel, per diem, pickup trucks,
office trailers, storage facilities etc, are to be included in a project's cost
proposal, unless it has been requested and approved by the owner.
6.2.3.4. Any costs associated with permits, state gross receipts and tribal taxes,
performance and payment bond costs and other applicable reimbursable costs
approved in advance by the member will appear as separate line items on the
contractor's quote/proposal.
6.2.3.5. As noted above, the most recent edition of the R.S. Means will be utilized and
this will adjust for inflation, material costs and labor rates effective January I st
of each year.
6.2.3.6. The contractor's R.S. Means bid factor/multiplier will be adjusted on the
contractor's contract anniversary date by applying the escalation/de-escalation
as measured by the Construction Cost Index (CCI) published in the ENR
(formerly known as Engineering News and Record).
6.2.3.7. If there are goods and services provided under this contract- that are not
covered by R.S. Means, then the cost of these items will be calculated by
utilizing one of the other costing methodologies defined herein.
6.2.4. Alternative Costing Methodology: Any items not covered by R.S. Means and/or
published price list/catalog. The price will be obtained by issuing, receiving and
evaluating three (3) written quotes, which shall be submitted in advance and
approved by the owner prior to being included into any final contract documents.
AEPA and its members reserve the right to accept or reject any quote or proposal,
including such items and may obtain these items through other procurement means
(other existing contracts). The AEPA price will be determined by utilizing. two
percentages:
6.2.4.1. Based on the most advantageous and cost effective quote received by the
contractor, the contractor will apply its normal and customary overhead and
profit percentage to the total cost submitted by the subcontractor and add that
amount to obtain the normal and customary retail price (item cost multiplied
by percent for overhead/profit equals amount of profit and overhead to be add
to item cost equal retail price).
6.2.4.2. Taking the normal and customary retail price as established in No. 1 above, the
contractor will apply the AEPA discount percentage and subtract this amount
from the normal and customary retail price to obtain the AEPA price (item
retail price multiplied by percent of AEPA discount equals amount of discount
to be subtracted to obtain AEPA price).
6.2.5. If products or services are required as part of the performance under this contract
that can only be obtained and/or manufactured from a single source and fall under
the sole source provision that is found within most state procurement codes, the
contractor must provide the owner with the documentation to substantiate the
purchasing method as sole source.
AEPA IFB 012-C- Page 55 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
6.2.6. Cost evaluation will be based on a point system with points being awarded for being
low to high bidder for each cost evaluation item, that is, contractor, discount off
R.S. Means, overhead and profit percentage mark-up, mileage charge, per diem rate,
travel time, etc. If an offeror leaves out an item that is required, AEPA will allot
zero (0) points to that item, and if awarded a contract, cannot be used in providing
products or services. The low bidder will receive the full point value and all other
bidders will receive points calculated as follows:
(Lowest Bid /Other bid) x point value
6.3. Cost Evaluation Information (Form G): The following factors will be used to evaluate
and award this solicitation. Please note that these are only a few items selected to do the
cost evaluation. The offeror must provide all of the pricing information required herein.
6.3.1. General Cost Items
6.3.1.1. Performance and Payment Bond Costs: This represents the cost the contractor
incurs to provide a performance and payment bond to the member for an
individual project when it is required. The offeror is to indicate the percentage
rate charged on the total cost of an individual project to obtain a bond, and the
documentation to substantiate the rate, that is, two percent (2%).
6.3.1.2. Bonding Capacity: This represents the offeror's maximum level of bonds that
it can obtain at any one time. Offeror is to indicate its bonding capacity and
provide documentation from a security company to substantiate the amount
indicated.
6.3.1.3.
Offeror's Bid Factor/Multiplier off R.S. Means
services relating to construction projects during
through Friday 7:30 a.m. to 4:30 p.m.) and not
methods.
costing of products and
Normal Hours (Monday
covered by other costing
6.3.1.4. Offeror's Bid Factor/Multiplier off R.S.. Means costing of products and
services relating to construction projects during Outside Normal Hours
(Monday through Friday 4:30 p.m. to 7:30 a.m., Saturday and Sunday) and not
covered by other costing methods.
6.3.1.5. Alternative Method of Costing: Percentage of overhead and profit. This
method includes custom manufactured items that are not covered by other R.S.
Means or sole source items. Offeror is to indicate the percent of overhead
and/or mark-up to be applied to these costs to obtain the retail cost. Example:
Item cost $1,000 multiplied by percent of profit/overhead 20% equal $200 for
overhead and profit. Item cost $1,000 plus overhead and profit of $200 equals
a retail price of $1,200. Note this percentage has no relationship to the R.S.
Means costing method indicated above.
6.3.1.6. Alternative Method of Costing: Percentage of AEPA discount to obtain AEPA
price (item retail price multiplied by percent of AEPA discount equals amount
of discount to be subtracted from retail price to obtain AEPA price). Example:
Item retail cost $1,200 multiplied by percent of 10% AEPA discount equal
discount of $120. Retail cost $1,200 less the AEPA discount $120 equal the
AEPA price of $1,080). Note this percentage has no relationship to the
AEPA IFB 012-C- Page 56 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
percentage of discount of manufacturer's/suppliers price sheets or catalogs
indicated below.
6.3.1.7. Discounts Provided on Price List and Catalogs: This represents the average
discount provided by the offeror on stated prices. Note different product lines
and/or category of products on published price sheets may be offered at
different discount percentages. If different discount percentages are offered,
AEPA will calculate an average percentage for evaluation purposes.
6.3.1.8. Provide for each of the AEPA states list, your multiplier/factor to be applied to
the AEPA price calculated from the published price list to arrive at the
individual AEPA state price.
6.3.1.9. Offeror's Support for AEPA Pricing: This is the percent of difference between
what the offeror's price to AEPA and the price that the offeror would offer the
same products directly to any public educational institution in the 24 states.
The offeror's AEPA price is $100, the offeror's direct price to AEPA members
is $103. The difference is 3% percent.
6.3.1.10. A number of individual items have been selected for evaluation purposes.
Offeror must indicate for each of the items what its cost would be to provide
and install each of the item would be to provide and install each of the items
listed in each of the 24 states.
AEPA IFB 012-C- Page 57 of 57 Due Date: October 14, 2011 at 1:30 PM EDT
Part B: Synthetic Turf
Association of Educational
INVITATION FOR BID
AEPA IFB #012-C -SYNTHETIC TURF
ATHLETIC/RECREATIONAL FACILITY INDOOR AND OUTDOOR
SYNTHETIC TURF FOR ATHLETIC FIELDS, PLAYGROUNDS,
GOLF COURSES AND LANDSCAPING TO INCLUDE INSTALLATION,
RENOVATION, MAINTENANCE, PRODUCTS AND SERVICES
PART C-- BID INSTRUCTIONS AND FORMS
TABLE OF CONTENTS
BidSubmittal Instructions........................................................................................1
FORM: Bid Proposal Table of Contents.................................................................2
FORMA: Bid Affidavit.............................................................................................3
FORMB: Acceptance of Bid and Contract Award................................................4
FORMC: Service Questionnaire for Bidder....................:......................................5
FORMD: Company Information.............................................................................9
FORM Es Exceptions to Terms, Conditions and Specifications .........................12
FORMF: Compliance and Deviations..................................................................13
FormF.2: Deviations.................................................................................... 51
FORM G: Pricing Schedule Submittal Instructions ............................................ 52
Form G.2: State Multiplier Factor.............................................................52
BID SUBMITTAL INSTRUCTIONS
1. Bid submission instructions can be found in Part A: Terms and Conditions, Section F: Bid
Submission of this solicitation. Bidders are reminded that failure to follow, comply with, and
adhere to the Part A, Section F of this solicitation may result in their response being deemed
non -responsive.
2. It is the bidder's responsibility to ascertain that all documents submitted have been saved
completely and appropriately to the CD or flash drive. Bidders should test both of the CDs or
flash drives on computers independent from the system on which they were created to make
sure the documents can be opened. Electronic media that cannot be opened by the bid
committee may result in the rejection of the proposal.
3. AEPA, its member agencies, affiliate agencies and authorized representatives are not
responsible for bid proposals that are incomplete, unreadable or received after the deadline.
p
AEPA IFB #012-C - Synthetic Turf - Part C Page 1 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA IFB #012=C - SYNTHETIC TURF
BID PROPOSAL TABLE OF CONTENTS
Bidder
Name of Authorized Representative
Office Address
Time Zone: ❑ Eastern Ej Central ❑ Mountain ❑ Pacific
Telephone Fax
Email Website
Instructions: Please complete the table below with the information for the documents
included in this bid proposal. The bidder is reminded that two identical copies of this
material on electronic media, either two (2) CDs or two (2) flash drives, are required.
Form
Folder
Document Title on CD or
Format (i.e., Word,
Notes
Flashdrive
PDF, Excel
Table of
A
PDF
Contents
FORMA
Signature and
Affidavit
A
PDF and hard copy
notarization
required.
FORM B
A
PDF and hard copy
Signature required.
Acceptance
FORM C
A
PDF
Signature required
Questionnaire
FORM D
PDF
Signature required
Company Info
A
FORM E
A
PDF
Signature required
Exce tions
FORM F
A
PDF
Signature required
Compliance
FORM F.2.
A
PDF
Signature required
Deviations
FORM G
B
PDF
Signature required
Price Info
G.I.
B
Excel
Price
Schedule
G.2.
B
Excel
Unit Price
Schedule
Catalogs/pric
B
PDF
elists
AEPA IFB #012-C = Synthetic Turf - Part C Page 2 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA BID FORM A: BID AFFIDAVIT
AEPA IFB #012-C SYNTHETIC TURF
NAME OF BIDDER
Instructions: This form must be signed by the bidder's authorized representative and notarized below. The
completed document must be scanned to a PDF format and saved to Folder A, and a completed and signed
paper version must be included in the package. If awarded, the bidder is required to produce a copy of this
document for each of the member agencies with which it contracts.
1. The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in
the submission of the foregoing bid (such persons, firms and corporations hereinafter being referred to as the
bidder), being duly sworn, on his/her oath, states that to the best of his/her belief and knowledge no person, firm
or corporation, nor any person duly representing the same joining and participating in the submission of the
foregoing bid, has directly or indirectly entered into any agreement or arrangement with any other bidders, or
with any official of the Member Agency, or any employee thereof, or any person, firm or corporation under
contract with the Member Agency whereby the bidder, in order to induce the acceptance of the foregoing bid by
the Member Agency, has paid or is to pay to any other bidder or to any of the aforementioned persons anything
of value whatever, and that the bidder has not, directly nor indirectly entered into any arrangement or agreement
with any other bidder or bidders which tends to or does lessen or destroy free competition in the letting of the
contract sought for by the foregoing bid.
2. This is to certify that the bidder, or any person on his/her behalf, has not agreed, connived, or colluded to
produce a deceptive show of competition in the manner of the bidding or award of the referenced contract.
3. This is to certify that neither I, nor to the best of my knowledge, information and belief, the bidder, nor any
officer, director, partner, member or associate of the bidder, nor any of its employees directly involved in
obtaining contracts with the State of Member Agency, Member Agency, or any subdivision of the state has been
convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery,
attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions
after January 1, 1985.
4. This is to certify that the bidder or any person on his behalf has examined and understands the terms,
conditions, scope of work and specifications, and other documents of this solicitation and that any and all
exceptions have been noted in writing and have been included with the bid submittal.
5. This is to certify that if awarded a contract, the bidder will provide the equipment, commodities, and/or services
to members and affiliate members of the Agency in accordance with the terms, conditions, scope of work and
specifications and other documents of this solicitation in the following pages of this bid.
6. This is to certify that we have completed, reviewed, approved and have included all information that is required
in Sections C, D, E, F and G of these bid forms.
Authorized Representative (Please print or type)
Title (Please print or type)
Signature of Authorized Representative
Subscribed and sworn to before me this day of
Notary Public in and for County of State of
My commission expires: Signature:
Mailing Address
City, State, Zip
Date
Phone
AEPA IFB #012-C - Synthetic Turf - Part C Page 3 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM B: ACCEPTANCE OF BID AND CONTRACT AWARD
AEPA IFB #012-C - SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS: PART I of this form is to be completed by the Bidder and signed by its Authorized
Representative. PART II will be completed by the AEPA Member Agency only upon the occasion of the bid award.
The completed document must be scanned to a PDF format and saved to Folder A, and a completed and signed
paper version must be included in the package. If approved by AEPA, the bidder is required to produce a copy of
the document for each of the AEPA Member Agency with which it contracts.
PART I: BIDDER
In compliance with the Invitation For Bid (IFB), the undersigned warrants that I/we have examined the
Instructions to Bidders, associated documents, and being familiar with all of the conditions surrounding
the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies and equipment
incurred in compliance with all terms, conditions, specifications and amendments associated with this iff
the IFB and any written exceptions to the bid. Signature also certifies understanding and compliance with
the certification requirements of the AEPA Member Agency's Terms and Conditions and/or the Special
Terms and Conditions. The undersigned understands that their competence, ability, capacity and
obligations to offer and provide the proposed tangible personal property, professional services,
construction services and other services on behalf of the Offeror as well as other factors of interest to the
AEPA Member Agency as stated in the evaluation section, will be a consideration in making the award.
Company Name Date
Company Address City
Contact Person
Authorized Signature (ink only)
PART II: AWARDING MEMBER AGENCY
Title
Title
State Zip
Your bid for the above identified bid is hereby accepted. As contractor you are now bound to offer and
provide the products and services identified within this IFB, your response and approved by AEPA,
including all terms, conditions, specifications, exceptions and amendments. As contractor, you are hereby
not to commence any billable work or provide any products or services under this contract until an
executed purchase order is received from the AEPA Member Agency or Participating Entities. The -intent
of this contract is to constitute the final and complete agreement between the AEPA Member Agency and
Contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall
bind any of the parties hereto. No change or modification of this contract shall be valid unless in writing
and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by
any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the
agreement shall commence on award and continue until February 28, 2013 unless terminated, canceled or
extended. By mutual written agreement as warranted, the contract may be extended month by month or
for three (3) additional 12-month periods.
Awarding Agency
Agency Executive
Awarded this day of
Contract Number
AEPA IFB #012-C - Synthetic Turf - Part C Page 4 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA BID FORM A: BID AFFIDAVIT
AEPA IFB #012-C SYNTHETIC TURF
NAME OF BIDDER ,
Instructions: This form must be signed by the bidder's authorized representative and notarized below. The
completed document must be scanned to a PDF format and saved to Folder A, and a completed and signed
paper version must be included in the package. If awarded, the bidder is required to produce a copy of this
document for each of the member agencies with which it contracts.
1. The undersigned, duly authorized to represent the persons, firms and corporations joining and participating in
the submission of the foregoing bid (such persons, firms and corporations hereinafter being referred to as the
bidder), being duly sworn, on his/her oath, states that to the best of his/her belief and knowledge no person, firm
or corporation, nor any person duly representing the same joining and participating in the submission of the
foregoing bid, has directly or indirectly entered into any agreement or arrangement with any other bidders, or
with any official of the Member Agency, or any employee thereof, or any person, firm or corporation under
contract with the Member Agency whereby the bidder, in order to induce the acceptance of the foregoing bid by
the Member Agency, has paid or is to pay to any other bidder or to any of the aforementioned persons anything
of value whatever, and that the bidder has not, directly nor indirectly entered into any arrangement or agreement
with any other bidder or bidders which tends to or does lessen or destroy free competition in the letting of the
contract sought for by the foregoing bid.
2. This is to certify that the bidder, or any person on his/her behalf, has not agreed, connived, or colluded to
produce a deceptive show of competition in the manner of the bidding or award of the referenced contract.
3. This is to certify that neither I, nor to the best of my knowledge, information and belief, the bidder, nor any
officer, director, partner, member or associate of the bidder, nor any of its employees directly involved in
obtaining contracts with the State of Member Agency, Member Agency, or any subdivision of the state has been
convicted of false pretenses, attempted false pretenses, or conspiracy to commit false pretenses, bribery,
attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions
after January 1, 1985.
4. This is to certify that the bidder or any person on his behalf has examined and understands the terms,
conditions, scope of work and specifications, and other documents of this solicitation and that any and all
exceptions have been noted in writing and have been included with the bid submittal.
5. This is to certify that if awarded a contract, the bidder will provide the equipment, commodities, and/or services
to members and affiliate members of the Agency in accordance with the terms, conditions, scope of work and
specifications and other documents of this solicitation in the following pages of this bid.
6. This is to certify that we have completed, reviewed, approved and have included all information that is required
in Sections C, D, E, F and G of these bid forms.
Authorized Representative (Please print or type)
Mailing Address
Title (Please print or type) City, State, Zip
Signature of Authorized Representative
Subscribed and sworn to before me this
day of
Notary Public in and for County of State of
My commission expires: Signature:
Date
Phone
AEPA IFB #012-C - Synthetic Turf - Part C Page 3 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM B: ACCEPTANCE OF BID AND CONTRACT AWARD
AEPA IFB #012-C - SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS: PART I of this form is to be completed by the Bidder and signed by its Authorized
Representative. PART II will be completed by the AEPA Member Agency only upon the occasion of the bid award.
The completed document must be scanned to a PDF format and saved to Folder A, and a completed and signed
paper version must be included in the package. If approved by AEPA, the bidder is required to produce a copy of
the document for each of the AEPA Member Agency with which it contracts.
PART I: BIDDER
In compliance with the Invitation For Bid (IFB), the undersigned warrants that I/we have examined the
Instructions to Bidders, associated documents, and being familiar with all of the conditions surrounding
the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies and equipment
incurred in compliance with all terms, conditions, specifications and amendments associated with this iff
the IFB and any written exceptions to the bid. Signature also certifies understanding and compliance with
the certification requirements of the AEPA Member Agency's Terms and Conditions and/or the Special
Terms and Conditions. The undersigned understands that their competence, ability, capacity and
obligations to offer and provide the proposed tangible personal property, professional services,
construction services and other services on behalf of the Offeror as well as other factors of interest to the
AEPA Member Agency as stated in the evaluation section, will be a consideration in making the award.
Company Name
Company Address
Contact Person
Authorized Signature (ink only)
PART II: AWARDING MEMBER AGENCY
City
Date
Title
Title
State Zip
Your bid for the above identified bid is hereby accepted. As contractor you are now bound to offer and
provide the products and services identified within this IFB, your response and approved by AEPA,
including all terms, conditions, specifications, exceptions and amendments. As contractor, you are hereby
not to commence any billable work or provide any products or services under this contract until an
executed purchase order is received from the AEPA Member Agency or Participating Entities. The -intent
of this contract is to constitute the final and complete agreement between the AEPA Member Agency and
Contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall
bind any of the parties hereto. No change or modification of this contract shall be valid unless in writing
and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by
any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the
agreement shall commence on award and continue until February 28, 2013 unless terminated, canceled or
extended. By mutual written agreement as warranted, the contract may be extended month by month or
for three (3) additional 12-month periods.
Awarding Agency
Agency Executive
Awarded this
day of
Contract Number
AEPA IFB #012-C — Synthetic Turf — Part C Page 4 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM C: SERVICE QUESTIONNAIRE FOR BIDDER
AEPA IFB #012-C -SYNTHETIC TURF
NAME OF BIDDER
Instructions: This form is four (4) pages long. Please respond to Yes/No and choice questions by using
an (X). If a text reply is .required, create an attachment referencing the item. Scan this form and any
attachment pages into a single document and convert to a PDF file. Follow the instructions for titling the
file under Part C of this IFB, page 2, §5. Save to Folder A. Note: As part of evaluating the Bidder's
qualifications, the following is being requested and the Bidder is forewarned failure to respond and/or
meet the minimum specifications in these areas, may deem their response as non -responsive.
1. From the chart below indicate which AEPA Member States that this company is proposing to offer
and provide their products and service by placing an (X) to the Left of the states name.
California CA Massachusetts MA Ohio OH
Colorado CO
Connecticut CT
Florida FL
Indiana IN
Iowa IA
Kansas KS
Kentucky KY
Michigan MI
Minnesota MN
Missouri M 0
Montana MT
Nebraska NE
New Mexico NM
North Dakota ND
Oregon OR
Pennsylvania PA
Texas TX
Virginia VA
Washington WA
Wisconsin WI
Wyoming WY
2. Utilizing the chart below indicate those AEPA Member States that this company is currently and has
for the past three (3) years provided those products and services being proposed by placing an (X) to
the left of the States Name.
California CA
Colorado CO
Connecticut CT
Florida FL
Indiana IN
Iowa IA
Kansas KS
Kentucky KY
AEPA IFB #012-C - Synthetic Turf - Part C
Massachusetts MA
Michigan MI
Minnesota MN
Missouri MO
Montana MT
Nebraska NE
New Mexico NM
Ohio OH
Oregon OR
Pennsylvania PA
Texas TX
Virginia VA
Washington WA
Wisconsin WI
North Dakota ND Wyoming WY
Page 5 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
3. Utilizing the chart below indicate which of those AEPA Member states that this company has sales
representatives/distributor/dealer assigned by placing the two digit state code to the left of the state
name indicating the state in which the representative physically resides or is located.
California CA
Colorado CO
Connecticut CT
Florida FL
Indiana IN
Iowa IA
Kansas KS
Massachusetts MA
Michigan MI
Minnesota MN
Missouri MO
Montana MT
Nebraska NE
New Mexico NM
Ohio OH
Oregon OR
Pennsylvania PA
Texas TX
Virginia VA
Washington WA
Wisconsin WI
Kentucky KY W North Dakota ND Wyoming WY
4. Utilizing the chart below indicate the location(s) of your distribution network/facilities that will be
utilized to provide the proposed commodities, products and/or services proposed in response to this
bid by placing the two digit state codes to the left of the state name indicating the physical location of
the distribution point.
California CA
Colorado CO
Connecticut CT
Florida FL
Indiana IN
Iowa IA
Kansas KS
Kentucky KY
Massachusetts MA
Michigan MI
Minnesota MN
Missouri MO
Montana MT
Nebraska NE
New Mexico NM
North Dakota ND
Ohio OH
Oregon OR
Pennsylvania PA
Texas TX
Virginia VA
Washington WA
Wisconsin WI
Wyoming WY
5. Does this company have an e-commerce website? YES NO
If YES, what is the website?
6. Customer, Support and Training Service: It is understood depending on the type, kind and level of
products and/or services being proposed in response to this bid will impact and determine the type
and level of services required and these are identified in Part B Bid Specifications of this IFB.
Does this company have online customer support option? YES NO
Does this company have a toll -free customer support phone option? YES NO
Does this company offer local customer and support service options? YES NO
AEPA IFB #012-C - Synthetic Turf - Part C Page 6 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Attach a separate document describing the type, level, available and location(s) of your customer and
support service options, including number of dedicated customer/support staff and hours of operation
If applicable, Does this company offer customer training for the products and services?
YES
NO
If Yes, attach a separate document describing what types, kinds of training you offer, the venues
where training occurs and the location(s) of your trainers, include number of staff dedicated to
training and their qualifications and hours of operation.
7. Delivery, Compensation, Pricing and Competitiveness: The Bidder's responses to the following
items is intended to summarize and recap their offer.
This company's pricing is based on the following methodologies? Definitions found in Part A:
Instructions to Bidders, Listing of Terms and Conditions.
Fixed or Catalog Pricing - Fixed discount off retail or off published price list.
Line -Item price list - Fixed price with economic adjustment (Bidder must identify in
writing in this IFB any contingencies prior to approval);
_ Automate System for Pricing - Fixed multipliers/factors bid to be applied to an
established pricing methodology/system to allow for individual local requirements and
conditions. "
Alternative Method of Costing - Fixed multipliers/factors/discounts bid to be applied to
an established pricing methodology/system to allow for individual local requirements
and conditions.
_. Open -Item or Combined pricing - A combination of one or more of the above.
Is your pricing methodology guaranteed for the term of the contract? YES NO
Does the pricing offered allow for additional quantity or volume
discounts are identified on the pricing page (Form G)? YES NO
Does the pricing offered comply with AEPA's Most Favored Customer? YES NO
Indicate which of the following apply and the level of competitive range you are offering in response
to this IFB.
Yes/No Discount
a. % The same offered on all single educational institution or nonprofit agency
bids or those that maybe utilized (piggybacked) by other entities ;
b. % The same offered to cooperatives and state purchasing departments with
equal or lesser volume.
C. % Better discount (percent of difference) offered to cooperatives and state
purchasing departments with greater volume.
d. % Better than we offer to cooperatives or state purchasing departments.
If yes, is indicated for items a through d above attached a separate document listing those national
and/or local single educational institutions or nonprofit agencies with piggyback contracts,
cooperatives or state purchasing departments.
Which of the following best reflects how your pricing includes the individual AEPA Members'
administrative fee.
a. The pricing for the products and/or services are the same for each AEPA Member
Agency, shipping, handling administrative fee and other specific state costs are added to
arrive at total price offered to the Individual AEPA Member Agency.
AEPA IFB #012-C - Synthetic Turf - Part C Page 7 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
b. The pricing for the products and/or services is inclusive of the administrative fee and
therefore the pricing is the same for all AEPA Member Agencies. Shipping, handling
and other state specific costs are added to adjusted the AEPA Member Agency's price.
C. The pricing for the products and/or services includes all (shipping, handling,
administrative fee, other) costs to arrive at a single price for all AEPA Member Agencies.
Is shipping and handling (S/H) included in the products on the pricelist? . YES NO
If NO, attach a separate document detailing and explaining how shipping and handling or freight will
be calculated and applied:
8. Does your company have a return policy? YES NO
If Yes, attach a separate document with your return policy and if you charge a restocking fee, what is
it? (AEPA) allows up to 15% for supplies and up to 25% for equipment)
9. Do you have minimum order requirements? YES NO
If yes, describe:
10. Will you offer AEPA member agencies a quick pay discount? YES NO
If YES, what is the discount? (Indicate % discount/number of days)
11. Do you offer leasing arrangements under this bid? YES NO
If YES, remember to indicate the rate factor and other cost factors on the Form G spreadsheet.
Signature
Must be same signature as on Bid Affidavit Signature and Acceptance Forms
AEPA IFB #012-C - Synthetic Turf - Part C Page 8 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM D: COMPANY INFORMATION
AEPA IFB #012-C - SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS:
1. This form is three (3) pages long. The authorized representative must sign the end of the document.
2. Several attachments are required in response to this form. The name of the bidder and Form D item
number to which the attachment responds must appear on each page.
3. Scan the completed form and all requested attachments into a single PDF file.
4. Title the PDF file as per the instructions under Part C, page 2, #5. Save to Folder A.
D.1. BACKGROUND
Note: Generally, AEPA will not accept an offer from a business that is less than five (5)years old or
which fails to demonstrate and/or establish a proven record of business. If the bidder has recently
purchased an established business or has proof of prior success in either this business or a closely
related business, provide written documentation and verification in response to the questions below.
AEPA reserves the right to accept or reject newly formed companies based on information provided in
this response and from its own investigation of the company.
D.1.a. Check one: This business is a ❑ public company ❑ privately owned company.
D.1.b. In what year was this business started under its present name?
D.1.c. Under what other or former name(s) has your business operated?
D.1.d. Is this business a corporation? ❑ No ❑ Yes. If yes, please complete the following:
D.1.d.(1) Date of incorporation:
D.1.d.(2) Name of President:
D.1.d.(3) Name(s) of Vice President(s):
D.1.d.(4) Name of Secretary:
D.1.d.(5) Name of Treasurer:
State of incorporation:
D.Le. Is this business a partnership? ❑ No ❑ Yes. If yes, please complete the following:
D.1.e.(1) Date of organization:
D.1.e.(2) Type of partnership, if applicable:
D.i.e.(3) Name(s) of general partner(s):
State founded:
D.11 Is this organization individually owned? ❑ No
following:
D.11(1) Date of organization:
D.11(2) Name of owner:
❑ Yes. If yes, please complete the
State founded:
D.1.g. This organization is a form other than those identified in D 1.d. - D.1.f. above, ❑ No D Yes.
IF THEANSWER IS YES, AN ATTACHMENT IS REQUIRED: Describe the company's format,
year and state of origin, and names and titles of the principals.
AEPA IFB #012-C - Synthetic Turf - Part C Page 9 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
D.11. ATTACHMENT REQUIRED: Location(sl: Provide the address, city, state and zip code of the
business headquarters and how long the headquarters have been located at this address.
Provide the same information for branch offices.
D.2. REFERENCES
D.2.a. ATTACHMENT REQUIRED: References: Provide a list of current references.
D.3. WORK FORCE
D.3.a. ATTACHMENT REQUIRED: Key Contacts and Providers: Attach a list of the individuals,
titles, qualifications and contact information for the individuals who will provide the
following services on a national and/or local basis:
D.3.a.(1) Contract Manager D.3.a.(2) Financial Manager D.3.a.(3) Sales Manager
D.3.a.(4) Customer and Support
Manager
D.3.a.(5) Distributors, Dealers D.3.a.(6) Consultants and
Installers, Sales Reps
D.3.a.(7) Technical, Maintenance D.3.a.(8) Quotes, Invoicing
and Support services
and Payments
Trainers
D.3.a.(9) Warranty and
After the Sale
D.3.b. ATTACHMENT REQUIRED: In-house Resources: Describe the business's current in-house
workforce, equipment and facilities available to perform under this solicitation.
D.4. MARKETING
D.4.a. ATTACHMENT REQUIRED: Key Marketing Contactfs): List the name(s), title(s) and
contact information of the business's key national and regional marketing office(s).
D.4.b. ATTACHMENT REQUIRED: Marketing Activities: Describe how this business marketed its
products and services to schools and other tax-exempt nonprofit audiences in Fiscal Year
2010 - 2011 (July 1- June 30). List all conventions, conferences and other events at which
this business exhibited.
D.4.c. ATTACHMENT REQUIRED: Cooperative Marketing: Describe ways in which this business
can collaborate with member agencies in marketing the bid.
D.4.d. ATTACHMENT REQUIRED: Environmental Initiatives: Describe the business's alignment
with LEED and "green" objectives.
D.S. INDEPENDENT MANUFACTURERS, SUBCONTRACTORS, DISTRIBUTORS, INSTALLERS,
ETC.
D.S.a. ATTACHMENTS REQUIRED (if the bidder is not the sole manufacturer/provider of all
goods and services provided under this contract):
D.S.a.(1)
i
1�
member agency states: Create a list organized regionally or alphabetically or
by type of product or service. Provide the names and location of the
manufacturers, the products)/service(s) each provides, and the states in which
each can provide the product/services.
D.5.a.(2) Authorizing Letters: For each manufacturer on the above list, attach a current
letter from the manufacturer stating the supplier is authorized to represent the
manufacturer nationally. The letter must be dated after January 1, 2011.
AEPA IFB #012-C - Synthetic Turf - Part C Page 10 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
D.S.b. ATTACHMENT REQUIRED: Selection Criteria for Independent Providers: Describe the
criteria and process by which the business selects, certifies and approves subcontractors,
distributors, installers and other independent services.
D.S.c. ATTACHMENT REQUIRED: Current Subcontractors, Distributors, Installers. Etc.:
Provide a list of current subcontractors, distributors, installers and other independent
service providers who are contracted to perform the type of work outlined in this bid in the
member agency states (listed in Part A of this IFB). Include, if applicable, contractor license
information and the state(s) wherein they are eligible to provide services on behalf of this
business.
D.6. DISCLOSURES
D.6.a, ATTACHMENT REQUIRED: Letter of Credit: Attach a letter from the business's chief
financial institution indicating the current line of credit available in its name and evidence
of financial stability for the past three calendar years (2008, 2009 and 2010). This letter
should state the line of credit as a range (ie., "credit in the low six figures" or "a credit line
exceeding five figures").
D.6.b. Does this business have actions currently filed against it? ❑ No ❑ Yes.
IF THE ANSWER IS YES, AN ATTACHMENT IS REQUIRED: List and explain current actions
such as Federal Debarment (on US General Services Administration's "Excluded Parties
List"), appearance on any state or federal delinquent taxpayer list, or claims filed against the
retainage and/or payment bond for projects.
Signature
Must be same signature that appears on the Bid Affidavit Signature and Acceptance Form
AEPA IFB #012-C - Synthetic Turf - Part C Page 11 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM E: EXCEPTIONS TO TERMS AND CONDITIONS
AEPA IFB #012-C SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS:
1. If "no" is checked below, complete this form by signing it at the bottom.
2. 'if "yes" is checked below, either insert answers into this form or create a facsimile in a
Microsoft Word table format to provide narrative explanations of exceptions. If creating a
facsimile, the bidder is reminded to use the heading above, and include the bidder name and
signature at the end.
3. If adding pages, the bidder's name and identifying information as to which item the
response refers must appear on each page.
4. Scan this- form plus any attachments into a single PDF document.
S. Title the file as per the instructions under Part C (this section), page 2, #5. Save to Folder A.
6. Exceptions to local, state or federal laws cannot be accepted under this bid.
[:] NO, this bidder does not have exceptions to the Terms and Conditions incorporated in Parts A
or B of this IFB.
[:] YES, this bidder has the following exceptions to the Terms and Conditions incorporated in Parts
A and/or B of this IFB.
IFB Section
and Page
Signature
.Outline
Number
Term or Condition
Exception
Must be same signature that appears on Bid Affidavit and Acceptance Forms
AEPA IFB #012-C - Synthetic Turf - Part C Page 12 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
s
AEPA FORM F: COMPLIANCE
AEPA IFB #012-C- SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS:
1. This form is thirty-seven (37) pages long. The bidder's authorized representative must sign the form
at the end.
2. The criteria listed below are derived from the Part B: Bid Specifications this IFB. Other than industry
requirements established in federal, state or local statutes, exceptions/deviations may be proposed
as long as they are expressly noted below and clarified on Form F.2., which follows. Please
understand that the stated specifications represent the most desirable attributes of the products and
services sought.by AEPA and its AEPA Member Agencies.
3. AEPA understands that not all bidders provide all commodities indicated in the specifications.
Bidders may propose specific, similar and/or alternative manufacturer's product lines and/or
services without prejudice as long as the proposed products and services meet or exceed the
specifications in Part B: Bid Specifications of this IFB.
4. For each criterion below, check either "Comply" if it aligns with the company's ability to provide
products and services or "Deviate" if it does not.
5. If there are no deviations to the specifications, indicate that by checking the appropriate box on Form
F.2 and sign it.
6. Scan the completed form to a PDF file and title as instructed in Part C (this section), page 2, #5.
Item
Requirement
Description
Comply
Deviate
Requirements
q
BID BOND: A bid bond is required to be submitted in the
4.1.
amount of $25,000.00. It will be returned within 10 days
of the award to vendors not receiving the award.
By responding to this solicitation, the offeror agrees to
Requirements
and will be solely responsible for doing the research to
4.2.
ascertain that its solutions offered meet or exceed all
federal, state, local and industry regulations, rules,
standards and/or requirements.
The successful offeror must abide by and ensure that any
subcontractor abides by all applicable federal, state, and
local laws, codes, and ordinances governing any area(s) in
which any products and/or service covered by this
4.3.
Requirements
solicitation are rendered and must have all required
permits, licenses, agreements, tariffs, bonding and
insurance required by same.. No claims for additional
payment will be approved for changes required to comply
with any such requirements.
The contractor shall hold AEPA member and its member
agencies harmless from damage from trespassing on
property of others. There shall be no dumping of
construction debris or other material on member's
4.4.
Requirements
property. Any material that requires special handling as
dictated by federal or state law shall be removed in
compliance with the requirements of those laws. All such
materials shall be removed from the site and properly
disposed of by the contractor.
The bidder will familiarize itself with the site in order to
4.5.
Requirements
obtain a complete and comprehensive knowledge and
understanding of its conditions and to anticipate unseen
AEPA IFB #012-C - Synthetic Turf - Part C
Page 13of52
Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
problems that may develop as the work progresses.
Failure to have visited the site before submitting a job
order/quote/cost proposal shall in no way relieve the
bidder from furnishing any materials or performing any
work required to complete the project in accordance with
the contract documents, without additional cost to the
AEPA member and its member a encies
All offerors will need to comply with the building codes for
4.6.
Requirements
commercial building established by the AEPA member
state.
Any work'or services that do not comply with the
currently adopted AEPA member state building codes and
4.8.
Requirements
requirements, when a project is inspected and a certificate
of occupancy is required, will be corrected by the
contractor at no additional cost of the owner.
For any project contracted under this solicitation, the
proposer must comply with the Americans with
Disabilities Act (ADA) (42 USC Section 12101 et seq.) and
4.9.
Requirements
the Americans with Disabilities Act Architectural
Guidelines (ADAAG), as well as the implementing
requirements, 28 CFR Part 36, Federal Register, Vol. 56,
No.144, July 26,1991, as amended.
Cost for temporary utility services electrical, water, gas,
etc., that is part of or utilized during the construction
process will be identified and agreed upon in writing by
the AEPA member and its member agencies. Utility
services (electrical, water, gas, etc.) utilized by the
contractor to maintain a project office trailer, maintenance
4.10.
Requirements
shop, storage facilities, security lighting, etc., will be the
responsibility of the contractor and can only be
transferred to the AEPA member and its member agencies
on written agreement specifically stating what
contractor's utilities it will be responsible for. Copies of
such agreements shall be provided to the AEPA member
and its member agencies prior to a purchase order being
issued.
All work will be in compliance with OSHA safety
requirements and any additional applicable federal, state
or local fire and safety requirements. When specifications
or scope of work result in a violation of a code or result in
4.11.
Requirements
an unsafe condition, the contractor must inform the AEPA
member and its member agencies representative of the
situation. The contractor will not construct any sub-
assembly, structure, or device or produce any condition
that intentionally violates a fire, health, safety or building
codes or safety standard.
Any contract awarded under this Category is an indefinite -
quantity contract for work requested. All costs associated
4.12.
Requirements
q
with preparing quotes/job orders/cost proposals shall be
the responsibility of the bidder and must be based on a
detailed scope of work and in compliance with one of the
approved pricing methodologies.
The contractor understands and agrees that it will offer
4.13.
Requirements
q
and accept only projects in which they have done their
own due diligence in assessing, evaluating, exploring and
determining existing site conditions, the level, quality and
AEPA IFB #012-C - Synthetic Turf - Part C Page 14 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
appropriateness of the construction products and services
being requested, and whether or not the project, as
requested, allows the contractor to comply with all
existing federal, state or local laws, codes and regulations.
During the contractor's due diligence, if a concern or issue
arises, the contractor must immediately notify the AEPA
Member and its Member Agencies representative in
writing,so that it can be corrected or properly addressed.
During all phases of a project, the contractor will have a
qualified and experienced foreman, supervisor and/or
superintendent in the area of construction being
performed, and in charge of and in full control of the
worksite and all construction activities being performed
4.14.
Requirements
on the project. The individual assigned must be
knowledgeable, qualified and aware of all aspects,
specifications and requirements of the project and provide
continuous supervision, coordination communication and
inspections in order to assure that quality control
standards or project outcomes are met.
All equipment, tools and machines used in the
performance of this work by either the prime contractor
4.15.
Requirements
or subcontractors will be maintained in satisfactory
working conditions and meet or exceed industry
standards at all times.
The contractor will need to provide performance and
payment bonds on any project. The bonds need to be
executed by a surety company authorized to do business
in the AEPA member state and is approved in federal
circular 570 as published by the United States Treasury
4.16.
Requirements
q
Department or the state board of finance or the local
governing authority, in an amount equal to one hundred
percent (100%) of the price specified in the contract. The
AEPA Member or its Member Agencies representative may
waive this requirement.
If a contractor intends to subcontract any part of an
4.17.
Requirements
individual project, the contractor will be responsible for
notifying and furnishing subcontractor the following
If performance and payment bonds are required and the
4.17.1.
Requirements
amount for bonding.---
A description of the products to be provided, the tasks to
be performed, the project's drawings, standard
4.17.2.
Requirements
q
specifications, requirements and timelines the
subcontractor must meet.
The contractor will instruct subcontractors to complete
their own investigation, assessment and careful
examination of all elements of a project before it submits a
quote or proposal to provide construction products
and/or perform construction services for the project. The
subcontractor will promptly notify the contractor if it
4.17.3.
Requirements
finds any discrepancies in, or omissions from, any plans,
drawings, specifications and/or any other documents
associated with the project. The contractor will
immediately issue written notification to the AEPA
member and its member agencies representative. The
involved parties' representatives will jointly work with
each other to resolve the concerns or issues raised and
AEPA IFB #012-C - Synthetic Turf - Part C Page.15 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
issue written instructions to the contractor on how the
matters raised are to be handled. The contractor will be
responsible for ensuring the subcontractor is aware of and
incorporates any modifications into its quote/proposal.
The AEPA Member and its Member Agencies
representative will not be responsible for communicating
instructions and/or information to subcontractors.
All cost quotes/proposals submitted by subcontractors
must be in a format that the contractor needs to prepare
4.17.4.
Requirements
q
and submit its cost quote/proposal in compliance with
one of the pricing methodologies defined.
The successful bidder must be willing and agree to
provide AEPA members the benefit of all general price
reductions extended to its other customers at any time
during the period of this contract or any extension thereof.
Likewise the bidder may during the annual contract
renewal process submit to AEPA any additional products
or services covered by their award and may request for
price adjustments on published price lists. The R.S. Means
price shall be adjusted when the new updates (usually
January 1 of each year) become available. Any request
4.18.
Requirements
q
must be in writing and submitted to the oversight
committee chairman who has been designated by AEPA
for that solicitation/category. The chairperson will
process the request and submit it to the AEPA board of
directors for their approval/disapproval. If approved each
AEPA state agency will be responsible for notify its
participating members. In the event of a decrease in the
prevailing contract price the oversight committee may
approve the change and it will become effective
immediately upon notification.
Responses must clearly identify all charges and
components necessary for performance of the contract
4.20.
Requirements
even if such are not specifically addressed in any
paragraph, sub -paragraph or forms that are a part of this
solicitation.
Additional and optional products and services must be
4.21.
Requirements
identified separately, and must include clear descriptions
andspecifications of proposed items.
Bidders are asked to make available new products and
services as they become available and have been tested
and proven to be reliable, suitable and appropriate for use
within educational and governmental athletic facilities. It
shall be communicated to and detailed information
4.22.
Requirements
q
provided to the individual owners indicating that the
product and/or service is new technology and any test
results or past performance history necessary to allow the
owner to make an informed decision on accepting the
product/service for the proposed project.
The offeror must demonstrate and present the necessary
evidence within its response to communicate its
4.25.
Requirements
Requ
knowledge, experience, willingness and ability to adhere
to, utilize and ensure the following:
The contractor must hold and maintain a current and valid
4.25.1.
Requirements
contractor's license for any of the AEPA states that allows
it to supervise others, to construct, alter, repair, add to,
AEPA IFB #012-C - Synthetic Turf - Part C Page 16 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
subtract from, improve, move, or demolish any athletic
facility covered by this solicitation and found within those
states that have such requirements.
The contractor will ensure that all individuals, firms or
subcontractors being used to perform or supervise work
performed, materials and equipment installed under this
contract hold a current contractor's license, as required by
4.25.2.
Requirements
those individual AEPA states. All subcontractors to be
used for each individual project performed under this
contract must be clearly identified and a list submitted
with the name, address, trade or type of work, contractor's
license number, if applicable, and their federal ID number
included.
Upon request by an AEPA Member Agency's local member,
the contractor shall schedule a meeting with the
member/owner to ascertain and develop a comprehensive
and complete understanding of the scope of work being
requested by the member. The contractor shall conduct
4.25.3.
Requirements
and perform the necessary site investigation in order to be
aware of any existing site conditions that may require as
part of the proposed project additional products and/or
services to address identified site conditions and properly
complete the project in accordance with the project's
contract documents.
Any contract between the individual owner and the
contractor under this solicitation shall consist of a detailed
scope of work (a description of the work to be performed
and the products to be provided by the contractor) will
include all specifications, drawings, contractor's cost
4.25.4.
Requirements
proposal and other project related documents. All
applicable industry standards, manufacturer's
instructions and requirements, technical specifications
and general conditions, federal, state and local codes
around which the contract is made shall be included, as if
they were physically part of the contract documents.
A schedule for performance of work that can be met
4.25.5.
Requirements
without planned overtime is the responsibility of the
contractor unless otherwise requested and approved by
the owner.
Terms for what constitutes project completion and
acceptance by the owner and taking title to work finished
must be clearly identified, described and agreed upon and
made a part of any contract. If any part of the
construction requires the owner to assume control before
4.25.6.
Requirements
q
the completion, this needs to be defined with all of the
agreed to terms, conditions and stipulations. Both parties
must agree on the definition of what constitutes total
acceptance of the project and that must be obtained before
final payment is made to the contractor. Upon completion
of the project, the worksite will be left in a condition equal
to or better than before the project.
The contractor will pay for any failure to conform or for
any defect. In addition, contractor will fix any damage to
4.25.7.
Requirements
AEPA Member controlled, real or personal property when
that damage is the result of contractor's failure to conform
to contract requirements or any defect in equipment,
AEPA IFB #012-C - Synthetic Turf - Para C Page 17 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
material, workmanship, or design furnished or in
compliance with federal, state and local laws, codes,
regulations and standards. Contractor's warranty with
respect to work done, repaired or replaced under these
conditions will run for one (1) year from the date of repair
or replacement or completion.
If contractor fails to remedy any failure, defect or damage
within a reasonable time after receipt, of notice, the AEPA
Member will have the right to replace, repair or otherwise
4.25.8.
Requirements
q
remedy the failure, defect or damage at the contractor's
expense in accordance with laws of the AEPA Member
state.
Upon completion of the work, the contractor will present
4.25.9.
Requirements
the owner with all documents necessary to close out the
project. Including but not limited:
4.25.9.1
Requirements
Certificate of occupancy;__
4.25.9.2.
Requirements
Maintenance manuals;
4.25.9.3
Requirements
Up to four 4 complete sets of "as built" project drawings;
Two (2) copies each of procedures of using and
4.2 5.9.4
Requirements
q
.
maintaining the materials and equipment installed,
Executed warranties on installed products and equipment;
4.25.9.5
Requirements
q
and/or
4.25.9.6.
Requirements
Material Safety Data Sheets for any material supplied.
As part of the close-out process or upon request, no -cost
training must be offered for the maintenance staff of the
4.2 5.10.
Requirements
owner and must be included as part of the purchase
contract.
The prime contractor must warrant the work performed,
materials, equipment installed for a period of not less than
six (6) years against defects and poor workmanship. Even
if final payment is made, if the owner discovers an
unfinished and/or improperly installed component, defect
or poor workmanship that should have been identified
and noted during final inspection, the contractor will
4.26.
Requirements
complete the work in a timely fashion at no additional cost
to the owner. This warranty does not cover damage
caused by fire, winds, floods, chemicals or owners'
negligence of reasonable precaution to provide adequate
ventilation during hot and humid weather. Furthermore,
this warranty does not cover damage to floors caused by
ordinary wear and tear, faulty construction of building,
separation of concrete slab, or settlement of walls.
If the offeror submitting a response to this solicitation to
provide construction products and services relating to and
for athletic, recreational, performing arts, multi -purpose
and other educational facilities with specialty hardwood
and synthetic flooring systems and is not the
product/system manufacturer. Then the offeror must
Provide written documentation between it and the
4.27.
Requirements
q
manufacturer indicating that the product manufacturer(s),
for the purpose of this solicitation, is aware of the offeror's
intent to offer the manufacturer's product line(s) and both
parties are jointly committed and are aware of the terms,
conditions and stipulations in this IFB, and that the
manufacturer acknowledges and agrees to and will stand
behind the contractor's performance under this IFB.
AEPA IFB #012-C - Synthetic Turf - Part C Page 18 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
Failure of non -manufacturers to submit sufficient
documentation to meet this requirement can result in a
non -responsive bid.
The offeror must within their response provide a
complete listing/catalog of all products offered with their
associated cost that are not to be covered by R.S. Means.
This will enable an owner's staff, architect or general
4.28.
Requirements
contractor to verify the offeror's individual project quotes
for new construction, renovation, retrofit or general
maintenance and repair. This listing/catalog must provide
complete specifications on each product/service. (This
information is required in electronic format.
The bidder shall conduct a pre -inspection prior to any
construction meeting or final inspection where the owner
is expected to accept and/or sign -off on work that has
4.29.1.
Requirements
been completed. This is to ensure that all work meets or
exceeds the projects specifications and requirements. Any
discrepancies shall be corrected and/or communicated to
the owner.
Date of final inspection shall be scheduled in advance,
with appropriate notice and agreed upon by all parties.
The contractor shall provide the owner or owner
representative, with copies of the printed check -off list,
4.29.2.
Requirements
proposed pay application, state and local inspector's sign-
off/reports acquired since the last meeting. Any
discrepancies will be noted as a punch list item and
corrected prior to the next meeting or within the time
specified in the contract documents.
Prior to final payment being made and during the project
close-out process the contractor shall submit and have the
4.29.3.
Requirements
owner or designee acknowledge receipt of as -built
drawings, maintenance and operational guides and all
activated product warrantees and approve any submittals
needed.
During the course of the contract, the owner or designee
may request and/or secure samples, according to
construction industry standards, guidelines or ASBA
standards, of materials being applied, used from
containers at the job site, and submit them to an
4.31.1.
Requirements
independent laboratory for comparison to specified
material. The owner may acquire an independent industry
qualified/certified consultant, to evaluate and issue a
report on the quality of the materials being used, if the
materials installed meet or exceed project's specifications.
The cost for these test and services will be paid by the
owner.
Should the test results prove that a material used and/or
applied is not equal to or better than specified or the end
product does not meet minimum requirements. The
4.31.2.
Requirements
offeror will reimburse the owner for the cost of the tests
and/or services acquired. The offeror will also pay all
costs incurred and associated to replace, remove and
dispose of non -compliant materials and bring the end
product up to project specifications and requirements.
4.31.3.
Requirements
Should the test results and services prove that materials
tested were equal to specified material and the work
AEPA IFB #012-C - Synthetic Turf - Part C Page 19 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
performed meets the project's specifications and
requirements, the offeror shall be notified of the results
and the owner shall pay all associated costs.
The offeror must provide in its response proof of
documentation and evidence to demonstrate that it has
delivered and installed full-size football, soccer, baseball,
4.32.
Requirements
Re q
field hockey and other athletic/recreational fields
.(minimum of 1,000,000 square feet) in the United States
within the past five 5 ears.
5
Specifications
5.1.
-Specifications
Specifications
General:
The offeror must demonstrate its' knowledge,
understanding and experience with dealing and working
with drawings, specifications and general provisions of
5.1.1.
Specifications
athletic and recreational fields, playgrounds and facility
design, construction and related trades and utilities work,
which may be part of any athletic facility project
requested under this solicitation.
The offeror must provide all labor, materials, equipment
and, if required, design services, site inspection and site
preparation services for athletic and recreation field,
playground and park construction. These services may be
5.1.2.
Specifications
provided by the offeror's own crews and staff or by
subcontractors contracted and supervised by the offeror.
It should be noted that the level of the offeror's
involvement will depend on the individual owner's
requirements.
The offeror is responsible for ensuring that the proposed
project's design, construction drawings and manual
clearly indicate; identify the products, services and testing
requirements that must be provided to deal with existing
5.1.3.
Specifications
site conditions, public utilities, sub -base -works, drainage
systems and asphalt base -works surfaces. Installations of
the synthetic surfaces are in accordance with and comply
with applicable ASBA, AAU, NCAA, NFHSA and individual
state requirements.
The offeror must guarantee the suability and playability of
the synthetic turf system for intended uses for an eight (8)
year period commencing on the date of substantial
5.1.4.
Specifications
p
completion and acceptance by AEPA Member. The
warranty coverage shall not be limited to the amount of
usage.
The offeror is responsible for being knowledgeable of all
federal, state and local government codes, regulations and
5.1.5.
ifi ations
Specifications
requirements dealing with public athletic and recreational
fields and facilities.
If the offeror is providing only the synthetic surface, it
must provide the owner with construction instructions,
guidelines, drawings and recommendations for the site
5.1.6.
Specifications
preparation, sub -base and asphalt pavement. However, it
should be noted that AEPA and its Members are seeking
and prefer providers who can provide a turn -key solution.
If any part of the design or construction work is to be
performed by the owner's own crews, owner's architect
5.1.7.
Specifications
and/or a third party contractor not associated with the
awarded contractor, prior to taking possession of the
AEPA IFB #012-C - Synthetic Turf - Part C Page 20 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
project site or proceeding with its work, the contractor
must provide the owner with a signed affidavit stating that
it has inspected and has accepted the current site
conditions and work completed as meeting and/or
exceeding its and the manufacturers, industry and
governmental standards and requirements. If the work is
not acceptable, the contractor must notify the owner
immediately in writing stating what is not acceptable and
on what this determination was made.
By accepting the owner's notice/order to proceed and
executing the construction process, the contractor
acknowledges that it has visited the site, is familiar with
5.1.8.
Specifications
the current conditions under which the work is to be
performed, and understands the scope of work as defined
in the contract documents and the product specifications
requested.
Documentation signed by an authorized representative of
the manufacturer will be provided to the owner stating
that the installed surfacing has no measurable traces of
heavy metals, leachable mercury or any other hazardous
5.1.9.
Specifications
materials identified by the EPA. For comparison testing
prior to installation and randomly during installation, an
8" x 10" sample of the material must be furnished to the
owner's independent laboratory upon request. This
sample must be provided prior to installation.
An additional 8" x 10" product sample, the same color,
texture, thickness, etc. as the type of surfacing to be
5.1.10.
Specifications
installed for this project shall be provided to the owner.
This sample must be submitted and approved by the
owner prior to installation.
Upon completion of any striping or line markings, the
contractor shall obtain written acceptance and approval of
the markings by the owner's designated representative as
being complete and meeting their requirements. This
5.1.11.
Specifications
document shall state that the Meld markings and layout
meet and comply with the governing bodies'
(AAU/NCAA/NFHSA/etc.) requirements for any athletic
event stated in the owner's scope of work for the
individual project.
5.2.
Specifications
Quality Assurance
Offeror must demonstrate through documentation that it
has completed at least ten (10) athletic/recreational fields
or facilities similar to those being proposed and that they
were completed and accepted by the owner as meeting
and complying with the governing bodies'
5.2.1.
Specifications
(AAU/NCAA/NFSHS/etc.) requirements and rules,
governing their level of athletic competition. The
products offered shall meet or exceed the ASBA's
guidelines, requirements and performance specifications
for the various types and levels of synthetic field surfaces
recognized and approved b ASBA.
The offeror's proposed solution must be equal or better
5.2.2.
Specifications
p
than turf available from a nationally recognized
manufacture specializing in outdoor and indoor synthetic
turf products for athletic and recreational facilities.
5.2.3.
Specifications
If the offeror is offering engineering services, then the
AEPA IFB #012-C - Synthetic Turf - Part C Page 21 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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engineer(s) need to be licensed in the AEPA Member state
that they will be providing services.
If the offeror is offering installation services, then the
person(s) providing the services will be factory trained,
5.2.4.
Specifications
have a minimum of three (3) years experience in the
installation of synthetic turf systems and if required
licensed in the AEPA member state.
The offeror will only utilize qualified, trained, experienced,
5.2.5.
Specifications
manufacturers approved and, if applicable, licensed
tradesman to perform all work done under this IFB.
The offeror shall make its' own site visit to fully acquaint
itself with the construction site, existing facilities and
utilities and shall fully understand the difficulties and
5.2.6.
Specifications
restrictions attending the execution of the work under this
IFB. All offerors shall advise the owner in writing and
receive its' acceptance of any restrictions, project
alterations and/or anticipated difficulties prior to
accepting a contract to do the individual project.
The offeror shall employee and maintain for the term of
the AEPA contract an ASBA certified synthetic field builder
5.2.7.
Specifications
on staff to ensure quality control in all aspects of a project
conducted under this solicitation. Failure of the offeror to
meet this requirement in its response will be deemed non-
responsive.
Due to the individual AEPA Member Agency's individual
requirements, any offeror responding to this solicitation,
who fails to provide the information required on the
Contractor's Qualifications Form (F) or has failed to
5.2.8.
Specifications
p
perform/complete past projects or is in default of
warranty work or has been found guilty of violating state
and/or local construction/labor codes, as judged by
previous clients or AEPA. AEPA reserves the right to
consider or not consider the offeror's response as being a
responsive based on its own investigation and findings.
All synthetic turf, field, playground and landscape
5.2.9.
Specifications
materials shall be warranted/guaranteed to the extent
that the surfacing/product manufacturer's has indicated is
as stated:
Has been manufactured, shipped, stored and applied in
5.2.9.1.
Specifications
accordance with, manufacturer's specifications and
instructions.
Will hold fast and/or adhere to the asphalt, concrete,
5.2.9.2.
Specifications
edging, filler and patches or overlay materials in
accordance with, manufacturer's specifications.
Will perform as specified in these specifications, the
specifications of the product manufacturer and as
5.2.9.3.
Specifications
identified and indicated in the current product
information, literature and specification sheets available
to the end user.
All components and their installation methods shall be
designed and manufactured for use on indoor and outdoor
applications. The materials as hereinafter specified must
5.2.9.4.
Specifications
be able to withstand full climatic exposure in the
environment of the AEPA Member States, be resistant to
insect infestation, rot, fungus and mildew, ultra -violet light
and heat degradation, and shall have the basic
AEPA IFB #012-C - Synthetic Turf - Part C Page 22 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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characteristic of flow -through drainage, allowing free
movement of surface run-off through the turf fabric where
such water may flow to the existing sub -base and into the
field drainage system.
The finished playing surface shall appear as mowed grass
with no irregularities and shall afford excellent traction
for conventional athletic shoes of all types. The finished
5.2.9.5.
Specifications
surface shall resist abrasion and cutting from normal use.
The installed system shall be ideal for football, soccer,
lacrosse, baseball, softball, PE classes, intramurals and
recreational use.
All machinery, materials, coatings, site and base
5.2.9.6.
Specifications
specification used must be approved by the turf or
surfacing manufacturer.
The offeror and its surface manufactures must meet the
5.2.9.7.
.
Specifications
following criteria:
Shall inspect and certify to the facility owner that the
5.2.9.7.
Specifications
p
solution installed meets and/or exceeds the
1.
manufacturers specifications and installation
requirements.
The offeror and the surface manufacturer guarantees that
the usability and playability of the synthetic turf, field,
playground and landscape system installed is appropriate
5.2.9.7.
for the site conditions that exist and for the intended uses
2.
Specifications
as identified with the project,s scope of work for an eight
(8) year period commencing with the date of substantial
completion and acceptance by the owner. The warranty
coverage shall not be limited to the amount of usage.
Any and all warranty terms, conditions, stipulations
5.2.9.7.
and/or requirements must be provided, discussed and
3.
Specifications
accepted in writing by the AEPA Member prior to issuing a
purchase order.
Project Site considerations, Investigation, inspections and
5.3.
Specifications
Spec
Preparations
Depending on the individual AEPA Member Agency's
organizational purpose and scope, they may or may not
work with and serve educational institutions (pre-school
through colleges and universities), government agencies
(federal, state, county and city), non-public/not-for-profit
organizations (education, recreational and community
based). Therefore, AEPA is requesting a range of indoor
and outdoor athletic, recreational solutions that can meet
the individual sports and recreational activity needs of the
above noted groups. AEPA has presented the following
5.3.1.
Specifications
information to communicate, provide and establish for the
offeror minimum and general specifications,
requirements, product quality and performance standards
for the offeror to base its proposed solutions. It is
understood that various manufacturers' materials,
products and/or installation processes may differ.
However, the end result for the same level and type of
indoor and outdoor athletic and recreational solutions
shall meet or exceed the minimum materials, product,
performance and life cycle specifications as its
competitors' solutions.
5.3.2.
Specifications
For each outdoorsynthetic turf or surfacing solution, the
AEPA IFB #012-C -,Synthetic Turf - Part C Page 23 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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offeror must provide the information necessary for AEPA
and institutional owners to determine the quality level,
performance specifications and construction components
of the solution proposed.
Site Inspection and Investigation: The ultimate
performance and life cycle of any synthetic turf or
surfacing solution depends to a significant degree on the
subsoil and drainage conditions of the site. The stability of
the subsoil also has a direct influence on the ability to
properly prepare the site, construct the field and to
maintain design grades under the deformations generated
by the construction equipment itself. Such site conditions
as, expansive soils or plastic soils and use of base course
materials consisting of these types of soils can create
5.3.3.
Specifications
problems and frost action is exaggerated where frost
susceptible materials exist with moisture available to
generate frost heave. It is, therefore, necessary for the
contractor, in cooperation with the owner, to ensure that a
complete and accurate site inspection/investigation has
been performed to identify soil conditions existing at the
site and to take these conditions into account in designing
the project. Site preparation, including stripping,
placement of backfill and base construction must be
properly performed to minimize the risk of problems due
to subsoil and sub -grade conditions.
The scope and level of any site inspection/investigation
must be flexible and dependent on the nature of the
conditions that exist at a particular site, and the degree of
risk that the owner is willing to acknowledge, accept and
5.3.3.1
Specifications
p
take regarding adverse effects of subsoil conditions.
.
During the design and development of the project the
contractor will advise and consult with the owner to
determine the scope and level of site inspection required.
Obviously, the more serious site conditions may require
an adequate study, which includes, but is not limited to:
5.3.3.1.
Specifications
p
The existence of peat or other organic soils at the site;
1.
5.3.3.1.
S ecifications
p
Uncontrolled fill materials or waste materials at the site;
2.
5.3.3610
Specifications
p
Expansive soils at the site,
3.
5.3.3016
High ground water conditions or surface water retention
4.
Specifications
p
areas Clow area flooding);
5.3.3.1.
Specifications
p
Special usage of the facility for a variety of activities;
5.
5.3.3.1.
Specifications
p
Adjoining facilities and their impact of the project site
6.
conditions; and
5.3.3.1.
Specifications
p
What has the site been used for in the past?
7.
Soils should be classified, in general, in accordance with
the visual manual method of identification of soils,
utilizing the Unified Soil Classification System. (ASTM
5.3.3.2.
Specifications
Methods D2488 "Description of Soil Visual Manual
Procedure," and D2487 "Classification of Soils for
Engineering Purposes") It is not intended, however, that a
rigorous use of these methods be required, but only use of
AEPA IFB #012-C - Synthetic Turf - Part C Page 24 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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terminology that will describe the soil conditions in terms
of soil types using the Unified Soil Classification symbols,
such as CL, CH, etc.
Data obtained from this investigation should be prepared
and submitted as part of the project record documents for
5.3.3.3.
Specifications
later reference, if necessary, or for review by a qualified
engineer if an evaluation is decided upon by the owner
and/or the contractor.
Once a site study has been completed, identified risks
require the owner and the contractor to make a joint
decision as to the level of site preparation required before
..
the project is started. This is done so that an adequate site
5.3.3.4.
Specifications
can be available for the field construction, and in the event
of any problems developing because of sub -grade
conditions, the responsibility can be clearly distinguished
between the owner and the contractor.
Where any site and/or soil conditions are suspect for
problems, such as existence of fill material, organic
material or expansive soils, then it is required that the
owner and contractor review, access and discuss the pros
and cons of the condition and the owner may choose to
retain a geotechnical consultant to obtain samples in
accordance with ASTM Method D 1587 in cohesive soils,
and D 1586 in granular soils, with borings to a depth of at
5.3.3.5.
Specifications
least 10 ft. or into firm materials. This should be followed
by appropriate unconfined compression tests, water
content and density determinations on cohesive soils, and
penetration resistances and blows per foot for granular
soils, plus water level determinations, again with borings
at each corner of the tennis court or at each quadrant of
the field and intermediate borings not greater than 200
feet apart outside the pavement area.
All information and communications relating to the site
5.3.3.6.
Specifications
inspection and investigation shall become part of the
ro'ect's documentation.
Site Preparation, Earthwork, Drainage and Sub -base
5.3.4.
Specifications
Construction
For new field construction, the site must be properly
Prepared in accordance with project design documents
5.3.4.1.
Specifications
P
based on the site inspection and investigation which
address:
Specifications
P
Site grade and elevations;
5.3.4.1.
1.
The sub soil, topsoil and drainage conditions;
5.3.4.1.
2.
Specifications
The existence of peat or other organic soils at the site;
5.3.4.1.
3.
Specifications
5.3.4.1.
Uncontrolled fill materials or waste materials at the site;
4.
Specifications
5.3.4.1.
Specifications
P
Expansive soils at the site;
5.
.
High ground water conditions or surface water retention
5.3.4.1.
6.
Specifications
areas Clow area flooding); and
5.3.4.1.
If an existing athletic facility, how is it being utilized and
7.
Specifications
whom? _T
Specifications
_bY
I Stripping and excavation: Unless otherwise specified,
5.3.5.
AEPA IFB #012-C - Synthetic Turf - Part C Page 25 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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topsoil and other unsuitable materials at the site, and to a
minimum distance of 5' beyond the surfaced area, should
be removed in such a manner as to minimize disturbance
of the remaining sub -grade soils, and to facilitate
placement of embankment materials and/or base course
materials. Topsoil should be stored at the site and reused
for landscaping at the completion of construction.
5.3.6.
Specifications
Subsurface Drainage
Where surface inlets are provided on or near the field(s),
5.3.6.1.
Specifications
drain lines to carry the water to appropriate discharge
channels should be in accordance with manufacturer's
specifications, local building codes and regulations.
Where it is necessary or otherwise decided to lower the
water table at the site, French drains (permeable, properly
graded gravel -filled trenches), geocomposites or
5.3.6.2.
Specifications
perforated drain lines surrounded with a stone material,
should be utilized, discharging to appropriate channels.
Non -woven geotextile fabric may be used, depending on
the stone materials available.
Backfill of all trenches should be granular material, placed
in layers not to exceed 6" in thickness, compacted with
appropriate compaction equipment to 95% of the
5.3.6.3.
Specifications
maximum density determined by ASTM Method D698
(Modified Proctor). This compaction is necessary to
minimize the risk of subsequent settlement of the surface
over the trench.
When trenching or drain tile is used under existing
permanent pavement, it is recommended that this area be
5.3.6.4.
Specifications
compacted to 100% of the maximum density determined
by ASTM Method D698 (Modified Proctor). This method
will reduce the amount of settlement that may occur in
these trenches, which will reflect on the final surface.
5.3.7.
Specifications
Sub -base Embankment
Embankment is fill material necessary to raise the grade at
5.3.7.1.
Specifications
the site, after removal of unsuitable materials identified
during the site investigation, to provide the surface on
which to place the base course for the proposed field.
While well -graded granular soil is preferred for
embankment fill, normal locally available soil is used for
economic reasons. The material should be free of organic
or expansive material, and of particles greater than 1 Y2"
5.3.7.2.
-Specifications
p
in dimension. It should be placed in lifts not to exceed 6"
in thickness and compacted to 95% of the maximum
density determined by ASTM Method D 698 (Modified
Proctor). The water content of the fill should be reduced
by aeration or increased by adding water, as necessary, to
achieve the required compaction.
Where the natural soil at the bottom of the sub -base
course is stable, as evidenced by stability under
5.3.7.3.
Specifications
construction equipment, hand auger or other exploration,
base course materials can be placed on this soil. Soft clay
and plastic soils should be appropriately stabilized.
Vegetation Control or Vegetation Re -Growth Prevention:
5.3.8.
Specifications
Soil conditions vary from area to area. Where problems
exist, it may be necessary to sterilize the soil. The
contractor should, during project development or
AEPA IFB #012-C - Synthetic Turf - Part C Page 26 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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construction, recognize and determine when soil
sterilization is necessary and offer methods and options to
the owner for rectifying roblems caused by vegetation.
As noted above, some owners may choose to have the
project site designed, developed and prepared by its own
crews or by another contractor. In all cases prior to the
beginning of installation of the synthetic turf/field surface,
the manufacturer/installer of the synthetic solutions shall
make arrangements for and conduct an inspection of the
5.3.9.
Specifications
current site conditions, sub -base and supply a written
certificate form for the manufacturer/installer, indicating
that the current project site/sub-base meets or exceeds
the manufacturer's specifications and requirements for
the installation of the synthetic playing surface and
accepts the responsibility for the project site from that
date forward for the purpose of obtaining manufacturer's
warranty for the finished athletic recreational facility.
5.4.
Specifications
Synthetic Turf Field System Requirements
Manufacturer: Proposed solutions must be from a
nationally recognized manufacturer(s) specializing in the
5.4.1.
Specifications
providing of indoor and outdoor synthetic turf and field
products for all levels of public and educational athletic
and recreational facilities throughout the 24 AEPA states.
Manufacturer Qualifications: Manufacturer must have a
minimum of ten (10) years of experience in the
manufacture of synthetic turf systems, which meet and/or
5.4.2.
Specifications
p
exceed the standards and guidelines established and
adopted by ASBA and other related professional and
industry organizations actively involved with the
governing and overseeing sporting events and facilities
covered by the solicitation.
Engineering Qualifications: The offeror must have on staff
or have under contract and available, an engineer
registered and licensed in the state they are providing
stamped engineered drawings. The engineer must have a
minimum of five (5) years of actual athletic facility design
and engineering experience working with the proposed
products being offered. The engineer shall review and
certify that the proposed site, site conditions and the
synthetic turf system being proposed and to be installed
meets or exceeds the design criteria of the project
5.4.3.
Specifications
p
specifications, and the site condition exceeds the
minimum requirements of the systems design
performance standards set by the manufacturer in order
for the end product to meet its project life cycle and
functionality. It should be noted that within the 24 AEPA
states there are established codes and standards that
require that these facilities have an architect's or
engineer's seal on the plans who is registered within that
state. If this is a requirement of the individual project, the
contractor must include any/all cost associated with
obtaining this required seal within their individual state
multiplier/facto .
Installer Qualifications: Must have experience working
5.4.4.
Specifications
with and installing the products offered. The synthetic
turf field s stem manufacturer must approve and certify
AEPA IFB #012-C - Synthetic Turf - Part C Page 27 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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to the owner that the installer meets their requirements
and the manufacturer will stand behind and warrant the
product installed. The installation team's foreman/lead
person must have a minimum of three (3) years
experience of successfully installing synthetic turf systems
in public facilities.
Guidelines for the Design and Construction of
Athletic/Recreational Synthetic Field
Infrastructure/Foundation (permeable base): These
guidelines are general in nature and may require
adaptation in order to suit local soil, rainfall and
temperature conditions, expected loads, expected
drainage rate, material availability and other factors
specific to each individual project. Requirements for soil
bed preparation, thickness and nature of stone base,
layout, spacing, diameter, nature of the drainage system,
geotextile or liner specification, watering system, heating
5.4.5.
Specifications
p
system, and edging system must be determined by
qualified engineers and based on the project's existing site
location and condition. The extremely strict tolerances for
gradients and flatness which are stipulated by the ASBA,
Sport Federations and industry associations that oversee
and govern these types of facilities and sports activities
means that the construction of adequate synthetic field
infrastructure/foundation is of supreme importance and a
critical component of any synthetic field solution.
Tolerances are required to be met not only by the newly
completed facility, but also over its projected life cycle,
which might be two or three times the expected life of the
artificial turfs stem.
The synthetic field infrastructure/foundation should be
5.4.5.1.
Specifications
designed to meet the following criteria, if applicable, to
project site location and conditions:
It should be capable of supporting and transmitting to the
5.4.5.1.
Specifications
existing soils the loads of all vehicles, machines and
1.
materials to be used throughout the construction process
without causing deformation.
5.4.5.1.
It should be capable of supporting and transmitting the
2,
Specifications
loads from athletes and maintenance equipment without
causing deformation.
It should be sufficiently flexible to provide protection to
3' .4.5.1.
Specifications
the playing surface from the effects of sub -soil movement
and frost heave.
5.4.5.1.
Specifications
p
It should allow for proper drainage of the playing surface.
4.
5.4.5.1.
Specifications
It should allow for proper watering of the playing surface.
S.
5.4.5.1.
Specifications
It should allow for proper heating of the playing surface.
6.
5.4.5.1.
Specifications
p
It should allow for proper edging of the artificial turf
7.
system.
5.4.5.1.
Specifications
p
It should ensure that the above criteria are maintained
8.
throughout the life of the end product.
The base is generally water -permeable unless local
5.4.5.2.
Specifications
climatic conditions allow for an impermeable or semi-
ermeable base.
AEPA IFB #012-C - Synthetic Turf - Part C Page 28 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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In general, a permeable base consists of two (2) layers of
permeable crushed stone: the base course and the
5.4.5.2.
Specifications
finishing course. The total thickness of the stone should
1.
be a minimum of 6„ (150mm) along, the longitudinal axis
of the field. The thickness of the finishing course should
not exceed 2" 50mm .
The installation of a layer of asphaltic concrete above the
crushed stone base improves the structural stability,
weight -bearing capacity and durability of the
5.4.5.2.
infrastructure/ foundation. If a layer of asphaltic concrete
2.
Specifications
is to be installed, water -permeable asphalt should be used
in combination with water -permeable crushed stone
bases; impermeable or semi -permeable asphalt should be
used in combination with impermeable or semi-
permeable crushed stone bases.
5.4.5.2.
Specifications
p
In most cases a crushed stone base only is sufficient to
3.
uarantee the long-term stability of the playing surface.
To allow for proper base design, a comprehensive
Geotechnical investigation should be performed to
5.4.5.2.
accurately determine the local subsoil conditions. A
Specifications
Geotechnical survey should be performed to determine
4'
the depth of excavation, the thickness and nature of the
ordinary fill, the characteristics of the geotextile or liner,
the thickness and nature of the crushed stone base.
Subsurface Water Collection System: Hydraulic
calculations based on the nature and depth of the stone
base, on local rainfall and expected drainage rate should
be performed in order to determine the layout, spacing,
dimensions, and nature of the subsurface water collection
system, and to determine the gradient of the soil bed,
5.4.5.3.
Specifications
which should be a minimum of 0.5% from the longitudinal
axis of the field towards the sidelines. The drainage rate
depends upon the local rainfall and upon the use for which
the field is designed. A college football team's stadium
may be designed to remove several inches of water per
hour while a high school field may be designed to remove
Y2" of water per hour.
The minimum configuration of the subsurface water
collection system consists of the perimeter drain. The
perimeter drain consists of a perforated drainpipe to be
installed in the perimeter trench. The minimum diameter
5.4.5.3.
Specifications
of the perimeter drainpipe should be 8" [200mm]. The
1.
perimeter trench should be protected from infiltration of
impervious or plastic materials through a geotextile
membrane or liner, and backfilled with clean gravel. The
perimeter drain should be connected to an efficient storm
drain or discharge outlet.
If additional drainage capability is requested, a network of
field drains should be installed throughout the entire
5.4.5.3.
Specifications
p
playing field in addition to the perimeter drain. A fishbone
2.
layout is generally used. The dimension and spacing of the
drains varies upon the expected drainage rate. Two types
of drainpipe may be used for the field drains:
5.4.5.3.
Traditional perforated drainpipe installed in trenches
2.1.
. ,
Specifications
protected with geotextile membrane or liner and
backfilled with clean gravel. The minimum diameter of
AEPA IFB #012-C - Synthetic Turf - Part C Page 29 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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the perforated drainpipe should be 4" 100mm
.
Panel -shaped perforated drainpipes laid flat on the soil
5.4.5.3.
Specifications
p
bed upon installation of the geotextile membrane or liner.
2.2.
The minimum dimension of the panel -shaped drainpipe
should be 1" x 6".
The network of drains should be connected to the
perimeter drainpipe or to a perimeter collector pipe, non-
5.4.5.3.
perforated, to be installed in the perimeter trench
3.
Specifications
together with the perimeter drainpipe. The minimum
diameter of the perimeter collector pipe should be 8"
(2OOmm). The perimeter collector pipe should be
connected to an efficient storm drain or discharge outlet.
5.4.5.3.
Specifications
All drains should be placed below the frost zone.
4.
5.4.5.3.
Specifications
p
Proper access to the drains should be provided to allow
5.
for maintenance.
Watering System: The installation of an appropriate
watering system is recommended in countries where
5.4.5.4.
Specifications
summers are long and hot. The watering system is
intended to regulate the temperature of the playing
surface and to make the artificial turf fibers smoother.
Underground Heating System: The installation of an
appropriate underground heating system is recommended
in states where winters are long and harsh. The main
purpose of a heating system is to ensure a playable field,
not to melt the snow, which should be removed
5.4.5.5.
Specifications
mechanically. The heating system should keep the stone
base unfrozen and permeable, thus rain and snow water
can drain into the ground. The heating system should be
calculated to achieve a surface temperature of +32 to
+35.52F (± 02C to +2°C). The heating system should be
designed so as to melt snow falling shortly before and
during an event.
Edging System: The construction of a proper edging
system is essential to the long-term performance of an
artificial turf system. Several products are available on
the market, or can be custom designed and built on site.
5.4.5.6.
Specifications
The artificial turf system can be anchored to special
perimeter turf anchors, clamped into special perimeter
drain channels, or simply nailed to a perimeter nailer to be
imbedded in or fastened to a perimeter curbstone or
perimeter channel.
Materials (Water Permeable Stone Base): The permeable
crushed stone base is made of two (2) layers of crushed
stone material, the base course and the finishing course.
The artificial infill turf system is installed above the
finishing course. Materials used for the permeable
crushed stone base courses should meet the following
gradation:
5.4.5.7
Specifications
Sieve -Imperial
Sieve-
Percent of
Passing
Metric
Base Course
Finishing
Course
2
100
AEPA IFB #012-C - Synthetic Turf - Part C Page 30 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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1 1 2"
90-100
1"
75-100
3 4"
65-95
1 2"
12.5mm
55-85
100
3 8"
9.5mm
40-75
85-100
1 4"
6.25mm
25-65
75-100
#4
4.75mm
15-60
60-90
#8
2.36mm
0-40
35-75
#16
1.18mm
0-20
Oct-55
#30
0.6mm
0-7
0-40
0.3-
#50-60
0.25mm
0-5
0-15
#100
0.15mm
0-3
0-8
#200
0.075mm
0-2
0-2
To guarantee structural stability it is important that both
gradations meet the following criteria:
5.4.5.8.
Specifications
100% Fragmentation
D60/D10 > 5
1 < D230 D10 D60 < 3
To guarantee separation between finishing stone and base
stone, it is important that the gradations meet the
5.4.5.9.
Specifications
following criteria:
D85 FINISHING COURSE / D15 BASE COURSE > 2
3 < D50 BASE COURSE D50 FINISHING COURSE < 6
To guarantee proper drainage both stones should meet
the following criteria when saturated and compacted to
95% Proctor:
Permeability > 10 in/hr (7x10-3 cm/sec)
5.4.5.1
Porosity > .25%
0.
Specifications
"Dx" is the size of the sieve (in mm) that lets pass x% of
the stone. For example: D60 is the size of the sieve that
lets 60% of the stone pass. These sizes, for calculation
purposes, may be obtained by interpolation on a semi -log
graph of the sieve analysis.
5.4.5.1
Execution: The procedure adopted for the construction of
1.
Specifications
a permeable infrastructure will normally consist of the
following operations:
5.4.5.1
Remove all vegetable matter, topsoil, organic, loose, non -
Specifications
compactable or frost susceptible material down to firm,
load -bearing soils.
5.4.5.1
Specifications
p
Scarify exposed soils to create the soil bed at the specified
1.2.
grades.
5.4.5.1
Specifications
p
Optional: Import ordinary fill to create the soil bed at the
1.3.
specified grades.
5.4.5.1
The grade of the soil bed shall not vary more than Ya"
1.4.
Specifications
(12mm) from the specified grade to allow for proper
drainage. Laser grading is recommended.
5.4.5.1
Specifications
p
Compact the soil bed to attain the specified compaction
1.5.
rate.
5.4.5.1
Install perimeter drain, protect trenches with geotextile
1.6.
Specifications
membrane or liner, and backfill trenches with clean
ravel.
AEPA IFB #012-C - Synthetic Turf - Part C Page 31 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
5.4.5.1
Specifications
p
Optional: Install perimeter water collector.
1.7.
Optional: If traditional perforated pipes are used as field
5.4.5.1
.
Specifications
drains, install field drains, protect trenches with geotextile
1.8.
membrane or liner, and backfill trenches with clean
ravel.
5.4.5.1
Specifications
p
Optional: Install watering system.
1.9.
5.4.5.1
Specifications
p
Optional: Install underground heating system and edging
1.10.
system.
Optional: Place geotextile membrane or liner over the soil
5.4.5.1
Specifications
bed in accordance to specifications. If an impermeable
1.11.
liner is used, make sure that perimeter trench and field
trenches are not covered.
5.4.5.1
Optional: If panel -shaped pipes are used as field drains,
1.12.
Specifications
install panel -shaped pipes flat over the geotextile
membrane or liner and connect to perimeter collector.
Place crushed stone base course without damaging the
5.4.5.1
Specifications
p
soil bed, geotextile membrane, liner, drains or watering
1.13.
system. It is important to create no depressions of the soil
bed with heavy equipment.
If the required compacted depth of the base course
5.4.5.1
exceeds 6" (150mm), the base shall be constructed in two
1.14.
Specifications
(2) or more layers of approximate equal thickness. Each
layer must be compacted to attain the specified
compaction rate.
5.4.5.1
Specifications
The crushed stone base course must be sloped 0.5% from
1.15.
the longitudinal axis of the field towards the sidelines.
5.4.5.1
The grade of the crushed stone base course shall not vary
1.16.
Specifications
more than W (12mm) from the specified grade. Laser
grading is recommended.
5.4.5.1
Specifications
p
Compact the crushed stone base course to attain the
1.17.
specified compaction rate.
5.4.5.1
Specifications
Place crushed stone finishing course.
1.18.
5.4.5.1
The crushed stone finishing course must be sloped 0.5%
1.19.
Specifications
from the longitudinal axis of the field towards the
sidelines.
The grade of the crushed stone finishing course shall not
5.4.5.1
Specifications
vary more than Y2" (12mm) from the specified grade. The
1.20.
deviation from a straightedge in all direction shall not
exceed 1/4" in 10 feet. Laser grading is recommended.
5.4.5.1
Specifications
p
Compact the crushed stone finishing course to attain the
1.21.
specified compaction rate.
5.4.5.1
Specifications
Optional: Place water -permeable asphaltic concrete.
1.22.
5.4.5.1
Optional: The water -permeable asphaltic concrete must
1.23.
Specifications
be sloped 0.5% from the longitudinal axis of the field
towards the sidelines.
Optional: The grade of the water -permeable asphaltic
5.4.5.1
concrete shall not vary more than YY' (12mm) from the
1.24.
Specifications
specified grade. The deviation from a straightedge in all
directions shall not exceed ,1/4" in 10 feet. Electronic
guided paving equipment is recommended.
5.4.6.
Specifications
Design: The types, kinds and levels of athletic and
AEPA IFB #012-C - Synthetic Turf - Part C Page 32 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
recreational facilities found in the 24 AEPA states will vary
greatly. Because of this, a comprehensive and complete
line of synthetic turf/field systems are requested. The
following information is intended to provide the offeror a
general guideline and minimum specifications of the types
and levels of synthetic field systems being requested.
Products offered must be equal to or better than those
manufacturers' products listed below and the offeror is
encouraged to provide alternative systems.
Systems offered by Field Turf International Inc. 5211
5.4.6.1.
Specifications
Mitchell Bridge Road, Dalton, GA, 30721, Phone Number
(800).724-2969, Fax Number (514) 340-9311, website
www.fieldturf.com
Outdoor Soccer "Mono filament" Series 1 (FTOM 1S) - Pile
Yarn Type: Polyethylene (UV resistant); Yarn Linear
Density: 9000 (6 end monofilament with CF Wrap); Units:
5.4.6.1.
Specifications
Denier +/- 5%; ASTM: D1577; Pile Height: 17/8" - 2 1/8";
1.
Units: Inches; ASTM: D418; Pile Weight: 30; Units: oz/y";
ASTM: D418; Primary: 7 (double or composite); Units:
oz/y'; ASTM: D418; Coating Weight: 16-18 (Polyurethane)
Unit: oz '; ASTM: D418.
FieldTurf Outdoor Soccer Series #2 (FTOS2-S) - Pile Yarn
Type: UV resistant Polyethlyene, UV -Performance: >80%
retained tensile strength after 5,000 hours; ISO4892-2;
Linear Density: 8,000; Units: Denier +/- 5%; ASTM:
D1577; Yarn Breaking Strength: 47; Units: lbs; ASTM:
D2256; Yarn Maximum Elongation: 40%; ASTM: D2256;
Yarn Melting Point: 250; Units: Degrees F; ASTM: D789;
Minimum Pile Height: 2; Units: Inches; ASTM: D418;
Maximum Pile Height: 2 1/8"; Units: Inches; ASTM: D418;
Pile Weight: 27; Units: oz/yd2; ASTM: D418; Primary
5.4.6.1.
Backing Weight; 8.5 Units: oz/yd2; ASTM: D418;
2.
Specifications
Secondary Backing Weight: 16-18; Units oz/yd2; ASTM:
D418; Stitch Gauge 3/4 inch centers; ASTM: D418; Tuft Bind
(without infill): 7; Units lbs; ASTM: D1335; Tuft Bind (with
infill) :12; Units lbs; ASTM: D 13 3 5; Grab Tear Strength
(width): 207; Units: lbs/force; ASTM: D1682; Grab Tear
Strength (length): 297; Units: lbs/force; ASTM: D1682; Pill
Burn Test: meets standard requirements; ASTM: 2859;
Critical Radian Flux: 24; Units BTU/hr/ft2; ASTM: E648;
Impact Attenuation: 140-175; Units: Gmax; ASTM: F355;
Relative Abrasiveness Index: 20; ASTM: F1015;
Permeability: 40-60; Units: Inches/hour; ASTM: F1551;
Depth of Infill Material: 1 1 4; Unit: Inches.
FieldTurf Duo Series 2 Soccer (FTHS-2S) - Pile Yarn Type:
UV -Resistant Polyethylene; Yarn Linaer Density: 12500;
Unit: Denier +/- 5%; ASTM: D1907; Yarn Breaking
Strength: 25 Nominal; Units: lbs; ASTM: D2256; Yarn
Maximum Elongation: 40% Nominal; ASTM: D2256; Pile
5.4.6.1.
Specifications
Height: 2"; Units: Inches; ASTM: D5848; Pile Weight: 34;
3.
Units: oz/yd2; ASTM: D5848; Total Weight: 57; Units
oz/yd; ASTM: D5848; Primary Backing Weight: >7; Units:
oz/yd2; ASTM: D5848; Secondary Backing Weight 16-18;
Units oz/yd2; ASTM: D5848; Stitch Gage: % inch centers;
ASTM: D5848; Tuft Withdrawal Force: >7 (per bundle);
Units: lbs force; ASTM: D1335; Grab Tear Length: >200;
AEPA IFB #012-C - Synthetic Turf - Part C Page 33 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
Units: lbs/force; ASTM: D5034: Grab Tear Width: >200;
Units: lbs/force; ASTM: D5034; Pill Burn Test: Pass; ASTM:
D2859; Impact Attenuation: <200; Units G-max; ASTM:
F1936; Permeability: >40; Units: Inches/hour; DIN 18-
035; Total Depth of Infill Material: 1.25; Units: Inches;
FieldTurf Proscape 2" US Units(GF-FTS) - Pile Yarn Type:
UV -Resistant Polyethylene; UV -Performance: >80%
retained tensile strength after 500 hours; ISO: 4892-2;
Linear Density: 8000; Units: Denier +/- 5%; ASTM:
D15770; Yarn Breaking Strength: 40 Units: lbs. ASTM:
D2258; Yarn Maximum Elongation: 40% nominal; ASTM:
D2256; Yarn Melting Point: 250; Units Degrees F; ASTM:
D789; Minimum Pile Height: 2; Units: Inches; ASTM: D418;
Maximum Pile Height: 2.125; Units: Inches; ASTM: D418;
5.4.6.1.
Pile Weight: 27: Units: oz/yd2; ASTM: D418; Primary
4'
Specifications
Backing Weight >7.0; Units: oz/yd2; ASTM: D418;
Secondary Backing Weight: 16-18; Units: oz/yd2; ASTM:
D418; Stitch Gauge: % inch centers; Tuft Bind (without
infill): 8; Units: lbs; ASTM: D1335; Grab Tear Strength
width: >200; Units: lbs/force; ASTM: D1682; Grab Tear
Strength length: >200; Units: lbs/force; ASTM: D1682; Pill
Burn Test: Pass; ASTM: D2859; Critical Radiant Flux: 24;
Units: BTU/hr/ft2; Impact Attenuation: >200 Units: G-
max; ASTM: F355; Relative Abrasiveness: 20; ASTM:
F1015; Permeability: >40; Units: Inches/hour; ASTM:
F1551; Depth of Infill Material:1.25; Units: Inches.
FieldTurf Landscaping Grass (GF-FTS) - Pile Yarn Type:
UV -Resistant Polyethylene; UV -Performance: >80%
retained tensile strength after 5000hrs; ISO: 4892-2;
Linear Density: 8000; Units: Denier +/- 5%; ASTM: D1577;
Yarn Breaking Strength: 40 nominal; Units: lbs; ASTM:
D2256; Yarn Maximum Elongation: 40% nominal; ASTM:
D2256; Yarn Melting Point: 250; Units Degrees F: ASTM:
D789; Minimum Pile Height: 1.5; Units: Inches; ASTM:
D418; Maximum Pile Height:1.625; Units: Inches; ASTM:
D418; Pile Weight: 18; Units: oz/ yd2; ASTM: D418;
5.4.6.1.
Specifications
p
Primary Backing Weight: >7.0; Units: oz/ yd2; ASTM:
5.
D418; Secondary Backing Weight: 16-18; Units: oz/ yd2;
ASTM: D418; Stitch Gauge: 3/4 inch centers; ASTM: D418;
Tuft Bind (without infill):8 Units: lbs; ASTM: D1335; Grab
Tear Strength Width: >200; Units: lbs/force; ASTM:
D1682; Grab Tear Strength Length: >200; Units: lbs/force;
ASTM: D1682; Pill Burn Test: Pass; ASTM: D2859; Critical
Radiant Flux: 24 Units: BTU/hr/ft2; ASTM: E648; Relative
Abrasiveness Index: 20 ASTM: F1015: Permeability: >40;
Units: Inches/hour; ASTM: F1551; Depth of Infill
Material:l; Units: Inches; Depth of Infill Material: Sand and
Rubber Filled.
FieldTurf Professional Putting Green - Pile Yarn Type: UV -
resistant polypropylene; UV -performance: >80% retained
tensile strength after 5000hrs ISO: 4892-2; Linear
5.4.6.1.
Specifications
p
Density:7,600; Units: Denier + - 5%; ASTM: D1577;Yarn
6.
Breaking Strength: 47; Units: lbs; ASTM: D2256;Yarn
Maximum Elongation: 40%; ASTM: D2256; Yarn Melting
Point: 250; Units: Degrees F; ASTM: D789; Pile Height: 1
1 41 2"; Units: Inches; ASTM: D418; Pile Weight: 30;
AEPA IFB #012-C - Synthetic Turf - Part C Page 34 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
Units: oz/yd2; ASTM: D418; Primary Backing Weight: 4:
Units: oz/yd2; ASTM: D418; Secondary Backing: Urethane;
Units: No Perforations; ASTM: D418; Stitch Gauge: 3/8";
Units: Centers; ASTM: D418; Permeability: 40-60 Units:
Inches/hours; ASTM: F1551; Depth of Infill Materials:l";
Units: Inches.
FieldTurf Duo-Monofilament Series I (FTHS-1S) Pile Yarn
Type: UV -resistant polyethylene; Yarn Linear Density:
12500; Units: Denier +1-5%; ASTM: D1907; Yarn Breaking
Strength: 25 nominal; Units; lbs; ASTM: D2256; Yarn
Maximum Elongation: 40% nominal; ASTM: D2256; Pile
Height: 2.5 nominal (N.B. Variation of +1-5% on pile
height is within normal manufacturing tolerances); Units:
Inches; ASTM: D5848; Pile Weight: 40; Units oz/yd2;
5.4.6.1.
ins
Specifications
ASTM: D5848; Primary Backing Weight: >7; Units
7.
ox/yd/2; ASTM: D5848; Secondary Backing Weight: 16-
18; Units: oz/yd2; ASTM: D5848; Stitch Gauge: % inch
centers; ASTM: D5848; Tuft Withdrawal Force: >7 (per
bundle) Units: lbs/force; ASTM: D1335; Grab Tear Length:
>200; Units: lbs/force; ASTM: D5034; Grab Tear Width:
>200; Units: lbs/force; ASTM: D5034; Pill Burn Test: Pass;
ASTM: D2859; Impact Attenuation: >200; Units: G-max;
ASTM: F1936; Permeability: <40; Units: Inch/hour; ASTM:
DIN 18-033.
Tarket Prestige Synthetic Grass; Yarn Characteristics:
Composition - Polyethylene; Structure: Straight
Monofilament; Yarn Count: 10000 Dtex/9000 denier
+10%; Tape Thickness: 120-80 Microns; Tape Width
Number of Tape: 6; Tuft Characteristics: Tufting: In line;
Gauge: 3/4"; Pile height: 2"; Number of Stitches: 12/3 "
+/- 5%; Velour weight: 30 oz/sqy +/-10%; Backing
Characteristics: Primary Backing: Polypropylene two part
composite comprised of both woven and non -woven
component; Weight Per Unit: 7 oz/sqy; Type of Coating:
5.4.6.1.
Specifications
p
solid urethane with perforations; Coating Weight: 18-20
8.
oz/sqy; Total Carpet Weight: 5.5 oz/sqy +/-11%; Ballast
Characteristic: Ballasting sand must be siliceous (95%
min) washed and dried; rubber granules (SBR) must be
clean with 1% of small elements under 0,5 mm; the grains
must be as round as possible; Sand Type d/D - granule
size 0.5 / 1.2 mm; Quantity: 2 lbs/sqf; Recycled Type
Granules: (particle size 0,5/1,8) in accordance with NF P
1856; Quantity: 3 lbs/sqf; Test Results: Ribbon Denier:
12412; Ribbon breaking strength: 34.15 lbs/force; Ribbon
Elongation: 39.1%; Ribbon Tenacity 1.82; Ribbon
Thickness:100 microns; Melt Point:125-C Polyethylene.
5.4.7.
Specifications_
Scope for Synthetic Surface Installation
Furnish all labor, materials, tools and equipment
necessary to inspect and install, in place, all proposed
synthetic turf systems offered under this solicitation. Any
project covered by this solicitation must meet or exceed
5.4.7.1.
Specifications
the athletic, recreational and/or landscaping synthetic turf
facility requirements as indicated on the owner's
drawings, project scope, specifications and the terms,
conditions, standards, specified herein. The type of
synthetic surface solicitations offered may include but are
AEPA IFB #012-C - Synthetic Turf - Part C Page 35 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
not limited to those suitable for football, soccer, baseball,
softball, lacrosse, field hockey, public parks, playgrounds
and public facility landscaping. The installation of all new
materials shall be performed in strict accordance with the
manufacturer's written instructions and in accordance
with approved shop drawings. The turf contractor
installer must have installed a minimum of ten (10) fields
in using the infill system being proposed. The turf
contractor installer shall be responsible for the acceptance
and/or installation of the turf base and final grade. The
turf contractor installer shall be a single source and if not,
the sub -contractor will be the responsibility of the AEPA
contractor.
5 4.7.2.
Specifications
p
For each project for synthetic turf the submittals may
include but are not limited to:
5.4.7.2.
Specifications
Synthetic Turf: One (1) sample approximately S" x 10"
1.
5.4.7.2.
Specifications
Tufted 4" white line
2.
5.4.7.2.
Specifications
p
Manufacturer's installation instructions, specifications and
3.
requirements.
5.4.7.2.
Specifications
p
Manufacturer's data certifying compliance with the
4.
standards andspecifications of this solicitation.
Submit to owner for approval, quality assurance
5.4.7.2.
Specifications
p
information relating to product appropriateness for the
S.
proposed project, installer qualifications, bonds,
certificate of insurance, permits., etc.
5.4.7.2.
List of existing installations, including owner
6'
Specifications
representative and telephone number, attesting
compliance with quality assurance information.
Prior to final acceptance, the contractor shall submit to the
owner two (2) copies of maintenance manuals and if
5.4.7.2.
Specifications
requested a electronic copy, which will include all
7.
necessary instructions for the proper care and
preventative maintenance of the synthetic turf system,
including painting and striping.
Prior to the beginning of installation, the manufacturer/
5.4.7.2.
installer of the synthetic turf shall inspect the sub -base
8'
Specifications
and supply a certificate of sub -base acceptance for the
purpose of obtaining manufacturer's warranty for the
finished synthetic playing surface.
5.4.7.2.
Other submittals after contract signing will include
9.
Specifications
samples of the liner and credentials of the liner installer
and sieve analysis of the proposed base rock.
Shop drawings shall be prepared and contain all pertinent
5.4.7.2.
information regarding installation. These drawings shall
10.
Specifications
be submitted to the owner for approval prior to the
manufacturing and shipment of materials. Submit
drawings for:
5.4.7.2.
Specifications
p
Site preparation;
10.1.
5.4.7.2.
Specifications
p
Installation of the turf;
10.2.
5.4.7.2.
Specifications
p
Seaming plan;
10.3.
5.4.7.2.
1 Specifications
I Installation details to include but not limited to; edge
AEPA IFB #012-C - Synthetic Turf - Part C Page 36 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
10.4.
detail, goal post detail, other inserts, etc.; and
5.4.7.2.
Striping plan; layouts showing any field lines, markings
10.5.
Specifications
p
and boundaries, and field logos per project drawings.
5.4.8.
Specifications
Quality Assurance
5.4.8.1.
Specifications
Manufacturer's Qualifications and Experience
The synthetic turf solution/system manufacturer must be
nationally recognized and produce the quality and level of
5.4.8.1.
products solicited herein. All solutions/systems offered
1.
Specifications
p
must have been through extensive and industry accepted
testing methodologies to verify the product's physical
attributes, performance, durability and reliability.
The synthetic turf solutions/systems manufacturer must
5.4.8.1.
Specifications
have a minimum of 10 years of manufacturing experience
2.
insynthetic turfs stems.
The synthetic turf manufacturer must have a
.4.8.1.
Specifications
demonstrated track record in acknowledging, dealing with
3'
and resolving warranty claims and work.
The synthetic turf manufacturer must have a
demonstrated capacity and proven track record for
5.4.8.1.
Specifications
providing the necessary inspections, maintenance
4.
programs, materials, equipment and/or labor required for
the owner to operate and maintain the installed facility for
its identified life cycle.
5.4.8.2.
Specifications
Offeror's Qualifications and Experience
The offeror must be recognized and approved by the turf
surface system/solution manufacturer as an experienced
provider and installer, capable of performing and
providing all of the materials, equipment and labor to
5.4.8.2.
Specifications
properly inspect, prepare the site, install the turf
1,
surface/system/solution in accordance with the
manufacturer's instructions and specifications, while
meeting or exceeding any federal, state, local or industry
standard codes, regulations and/or requirements.
The offeror must have a demonstrated record of
5.4.8.2.
Specifications
p
successfully providing, installing and performing warranty
2.
work on a minimum of 25 fields using the proposed turf
surfaces/systems/solutions.
5.4.8.2.
The offeror must have completed a turf project in a
3.
Specifications
p
minimum of 10 of the 24 AEPA states.
The offeror shall employ and utilize only qualified,
5.4.8.2.
Specifications
experienced supervisors and technicians skilled in the
4.
installation of the individual turfs stem being provided.
The offeror, for each of the 24 AEPA states, -when required,
must have and agrees to maintain the appropriate licenses
5.4.8.2.
and registrations enabling them to offer, conduct and to
5,
Specifications
p
perform the construction products and services covered
by this solicitation. The offeror's license(s) must be in
good standing with the appropriate overnin authority.
5.4.8.3.
Specifications
Warranty
The offeror shall submit its manufacturer's warranty that
guarantees the usability and playability of the synthetic
turf system for its intended uses for an eight (8) year
5.4.8.3.
Specifications
period, commencing with the date of acceptance of the
1'
owner. The warranty coverage shall not be prorated nor
limited to the amount of the usage. The warranty
submitted must have the followingcharacteristics:
AEPA IFB #012-C - Synthetic Turf - Part C Page 37 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
5.4.8.3.
Must provide full coverage for eight (8) years from the
1.1.
Specifications
date of warranty activation.
5.4.8.3.
Must warrant materials and workmanship.
1.2.
Specifications
p
5.4.8.3.
Must warrant that the materials installed meet or exceed
1.3.
Specifications
the product specifications and industry standards.
Must have a provision to repair or replace such portions of
5.4.8.3.
the installed materials that are no longer serviceable to
1.4.
.
Specifications
maintain a serviceable and playable surface based on
industry standards.
Must be a warranty from a single source covering
5.4.8.3.
Specifications
workmanship, all self-manufactured/produced or
1.5.
procured materials.
Guarantee the availability of replacement material for the
5.4.8.3.
Specifications
synthetic turf system installed for the full warranty
1.6.
period.
If required, any warranty offered under this solicitation
5.4.8.3.
must be secured by an insurance/bonding company
2.
Specifications
nationally recognized and licensed to do business in the
24 AE PA states.
Maintenance
5.4.8.4.
-Specifications
The contractor shall furnish the owner with a written
maintenance and instruction manual for proper use and
5.4.8.4.
care of the provided facility. The maintenance manual
1.
Specifications
shall be specific to the turf surface/system/solution
installed and specify any use limitations for the field (that
is, heavy vehicle traffic, etc.
5.4.8.4.
The contractor shall make available all materials and
2.
Specifications
equipment the owner may need to maintain the facility.
As an option, and at an additional cost to the owner, the
5.4.8.4.
Specifications
contractor may offer to perform regular and ongoing
3'
maintenance related services.
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J %. %.1A1%0"1.1vaa.J
v u..v.a. . va----
After the contractor installs the system, it must guarantee
5.4.8.5.
1.
Specifications
p
that the field will meet the following performance criteria:
5.4.8.5.
..
Permeability to ASTM: D4491. The system shall allow a
1.1.
Specifications
minimum percolation rate of 10 inches per hour.
5.4.8.5.
Relative abrasiveness to ASTM: F1015. The system has an
1.2.
Specifications
abrasiveness index of 20.2.
5.4.8.5.
.
Shock Absorbency to ASTM: F355. Less than 200 G-Max
1.3.
Specifications
for an eight 8 year warranty
Flammability to ASTM: D2859 - pass
5.48.5.
2.
Specifications
5.4.9.
Specifications_
Synthetic Turf Installation
.
Prior to beginning the installation, contractor/installer
5.4.9.1.
Specifications
shall:
Review the project design drawings and walk the project
Specifications
site to verify and confirm the proposed system's layout
1.4.9.1.
.
and measurements.
From either the design drawings or the owner, learn
.4.9.1.
Specifications
where all existing utilities; that is, water lines, electrical
2
2'
lines, etc. are located.
Understand and verify with the owner any special project
5.4.9.1.
Specifications
site restrictions and/or access requirements that may be
3
needed.
AEPA IFB #012-C - Synthetic Turf - Part C Page 38 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
Inspect and take an inventory of the synthetic turf
5.4.9.1.
product, supplies and equipment to ensure that the
4.
Spec ifications
products are what is requested, are in the amounts needed
to complete the project and are being stored in accordance
with the manufacturer's instructions.
Perimeter edge details, underground storm sewer piping
5.4.9.1.
Specifications
p
and connections, and goal post foundations required for
5.
the system shall be as detailed and recommended by the
manufacturer, and as approved by the owner.
The surface to receive the synthetic turf shall be inspected
and certified by the manufacturer as ready for the
6' .4.9.1.
Specifications
installation of the synthetic turf system and must be clean
before installation commences and be maintained in that
condition throughout the process.
If any deviations and/or discrepancies are found, the
5.4.9.1.
Specifications
installer shall not proceed with the installation until these
7.
are addressed and accepted by manufacturer and owner.
5.4.9.2.
Specifications
Installation shall not proceed when:
5.4.9.2.
Specifications
p
Ambient air temperature is below 50 degrees F. Material
1.
temperature is below 50 degrees F.
5.4.9.2.
S ecifications
p
Rain is falling or pending, unless acceptable to qualified
2.
installers.
5.4.9.2.
Specifications
p
Conditions exist, or are pending, that will be unsuitable for
3.
the installation procedures being utilized.
The installation shall be in accordance with
manufacturer's instructions. The turf contractor shall
strictly adhere to installation procedures and processes
outlined in the manufacturer's instructions specifically
relating to the individual project being installed. Any
variance from these requirements must be accepted in
5.4.9.3.
Specifications
writing, by the manufacturer's representative, and
submitted to the architect/owner's representative,
verifying that the changes do not in any way affect the end
product and/or the warranty. Infill materials shall be
approved by the manufacturer and installed in accordance
with the manufacturer's standard procedures.
The carpet rolls are to be installed directly over the
properly prepared base. Extreme care should be taken to
5.4.9.4.
Specifications
p
avoid disturbing the base, both in regard to compaction
and planarity. It is suggested that a 2-5 ton static roller is
on site and available to repair and properly compact any
disturbed areas of the base.
The full width rolls shall be laid out across the field. Turf
shall be of sufficient length to permit full cross -field
installation from sideline to sideline. No head or cross
seams will be allowed in the main playing area between
5.4.9.5.
Specifications
the sidelines. Utilizing standard state of the art sewing
procedures identified by the manufacturer, each roll shall
be attached to the next. When all of the rolls of the playing
surface have been installed, the sideline areas shall be
installed at right angles to the playing field turf.
If manufacturer's instructions require a 99% sewn
installation, gluing of rolls shall not be acceptable.
5.4.9.6.
Specifications
Minimum gluing will only be permitted to repair problem
areas, corner completions and to cut in any logos or inlaid
lines as required by the specifications. All seams shall be
AEPA IFB #012-C - Synthetic Turf - Part C Page 39 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
sewn using double bagger stitches and polyester thread,
or in the case of inlays only, adhered using seaming tape
and high grade adhesive (per the manufacturer's standard
procedures). Seams shall be flat, tight and permanent with
no separation or fraying.
Infill materials shall be applied in numerous thin lifts. The
turf shall be brushed as the mixture is applied. The infill
5.4.9.7.
Specifications
material shall be installed to a depth determined by the
manufacturer based on the individual project's
specifications.
The infill materials shall be installed to fill the voids
between the fibers and allow the fibers to remain vertical
and non -directional. The infill installation consists of a
base layer of sand followed by a homogenous mixture of
the sand and the cryogenically processed rubber. A final
5.4.9.8.
Specifications
application of specifically sized cryogenically processed
rubber completes the system. The infill shall be installed
to the depth as specified by the individual project's
specifications. Infill density shall consist of no more sand
and rubber than specified per square foot. The infill shall
be placed so that there is a void as specified for the system
to the top of the fibers.
5.4.9.9.
Specifications
Field Markings
All fields of play perimeter lines, five -yard lines, hash
marks, yardage numbers, perimeter boundary and logo
5.4.9.9.
shall be done in accordance with the turf manufacturer's
1,
Specifications
instructions and specifications. The individual project's
design drawings shall comply with national and state
sport organizations, national associations and industry
standards.
Prior to the application of any line painting, the turf shall
5.4.9.9.
be fibrillated by means of a nylon rotary brush to provide
2.
Specifications
the look, feel and safety of optimally maintained natural
grass, including subtle undulations normally associated
with natural grass athletic fields.
Non -tufted or inlaid lines and markings shall be painted
5.4.9.9.
according to the recommendations of the turf
3.
Specifications
manufacturer and of the paint manufacturer. All markings
are to be installed in accordance with approved shop
drawings
5.4.9.9.
Specifications
If football is to be the primary sport, all five -yard lines will
4.
be tufted in.
5.4.9.9.
Specifications
p
Balance of sports markings will be inlaid/painted in
5.
accordance with the contract drawings.
The center field logo will be inlaid/painted according to
5.4.9.9.
Specifications
p
artwork shown on the contract drawings and in
6.
accordance with turf manufacturer's standard palette of
colors.
The end -zone letters and logos will be inlaid/painted
5.4.9.9.
Specifications
according to artwork and fonts shown on the contract
7.
drawings, and in accordance" with turf manufacturer's
standard palette of colors.
5.4.9.1
Specifications
p
In -Ground Equipment and Accessories
0.
504.9.1
Specifications
The offeror must provide, deliver and install, as required
0.1.
by AEPA member, in -ground equipment and accessories.
AEPA IFB #012-C - Synthetic Turf - Part C Page 40 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
In -ground equipment offered under this IFB may include
but is not limited to the following (Model number is UCS
equivalent):
Pole Vault Boxes: Provide (#711-1100) cast aluminum
5.4.9.1
vault boxes. The contractor shall provide synthetic
0.1.1.
Specifications
surfacing material plugs, which are to be installed level to
the surfacing of the respective runway and be of similar
texture as the surrounding synthetic surfacing.
5.4.9.1
Specifications
Take -Off Boards: Provide (#519-2100) take -off board
0.1.2.
systems.
5.4.9.1
Specifications
Shot Put Toe Boards: Provide (#716-1630) 3-1/4 shot put
0.1.3.
toe boards.
5.4.9.1
Specifications
p
Discus, Shot & Hammer Ring Forms With Built -In Circles
0.1.4.
5.4.9.1
Specifications
p
Shot Put Rings Form #725-2592
0.1.4.1.
5.4.9.1
Specifications
p
Discus Rings Form #725-2591
0.1.4.2.
5.4.9.1
Specifications'
p
Hammer Rings Form #725-2593
0.1.4.3.
5.4.9.1
Specifications
Combination Hammer/Discus Cage #572-4100R IAAF
0.1.5.
Stadium Model - IAAF Certified E-99-0058
5.4.9.1
Specifications
Hammer/Discus Conversion Ring #725-2535
0.1.6.
5.4.9.1
Specifications
Adjustable Water jump Hurdle with Sleeves #506-5413
0.1.7.
Aluminum Water Jump Cover Recessed #505-5420. As
5.4.9.1
required by the AEPA Member the offeror is to install
0.1.8.
Specifications
track surfacing onto the cover. The cover, when installed
with synthetic surfacing on it, shall be flush with the
surrounding area.
Removable Aluminum Track Curbing: Removable track
curbing shall consist of extruded anodized aluminum
section constructed to allow portable installation. The
curb shall meet the requirements of the IAAF. The curb
5.4.9.1
Specifications
will run the length of the 400m tracks with a section to
0.1.9.
run alongside the water jump inside of lane one on the
second bend. The sections indicated on the drawings shall
be removable when the curb is fully installed to allow
passage of athletes. The following finishes are to be
offered:
5.4.9.1
Specifications
#792-9410 Powder -Coated Gold
0.1.9.1.
5.4.9.1
Specifications
p
# 792-9411 Powder -Coated Silver
0.1.9.2.
5.4.9.1
Specifications
#792-9412 Non -Powder -Coated
0.1.9.3.
5.4.9.1
Specifications
p
#792-9413 White Powder -Coated
0.1.9.4.
Long Jump Sandpits and Traps: The sandpits shall be
5.4.9.1
Specifications
p
constructed using the ACO border and sand trap system,
0.1.10.
Parts Number 2739/1453/0962, installed to
manufacturer's instructions.
5.4.9.1
Specifications
Sand: All sand for the long/triple jumps sand pits shall be
0.1.11.
clean, washed, white sand, containing not more than five
AEPA IFB #012-C - Synthetic Turf - Part C Page 41 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
percent (5%) clay and shall be free of trash, organic
matter, and rock. Installed sand is to meet all
specifications of the, IAAF - washed river sand, 0 to 2mm
graining, no organic components, maximum five percent
(5%) of weight up to 0.2mm. Prior to installation, the
contractor shall provide the member with a one (1) gallon
sample for approval.
Other accessories that may be required to conduct and/or
5.4.9.1
perform athletic events held within the athletic facility,
0.2.
Specifications
p
which is a semi -permanent part of the structure may be
provided as required by the AEPA Member.
5.4.9.1
Specifications
Spe
Cleaning
1.
5.4.9.1
Protect installed field turf surface from subsequent
1.1.
Specifications
p
construction operations.
5.4.9.1
Do not permit traffic over unprotected surface.
1.2.
Specifications
Contractor shall provide the labor, supplies, and
5.4.9.1
Specifications
equipment as necessary for final cleaning of surfaces and
1.3.
installed items.
5.4.9.1
All usable remnants of new material shall become the
1.4.
Specifications
property of the owner.
5.4.9.1
The contractor shall keep the area clean throughout the
1.5.
Specifications
p
project and clear of debris.
Surfaces, recesses, enclosures, etc., shall be cleaned as
5.4.9.1
necessary to leave the work area in a clean, immaculate
1.6.
i n
Specificat o s
condition ready for immediate occupancy and use by the
owner.
5.4.9.1
Specifications
Project Close -Out
2.
The contractor and the member's representative shall
5.4.9.1
Specifications
conduct a complete and extensive site inspection of all
2.1.
work performed and products provided and installed.
The contractor shall provide all the testing data to the
5.4.9.1
Specifications
owner that the finished field installed meets the required
2.2.
shock attenuation, as per ASTM F1936.
Two (2) copies of maintenance manuals, which will
include all necessary instructions for the proper care and
Specifications
preventative maintenance of the synthetic turf system, .
2..9.1
.3.
including painting and markings, will be furnished to the
owner.
The contractor shall provide owner's personnel with
training to enable them to develop a complete knowledge
5.4.9.1
Specifications
and understanding of the supplies, materials and
2.4.
equipment required to maintain and keep the install
system in good working condition through its life cycle.
Based on the owner's individual project requirements,
..9.1
Specifications
provide at least one (1) copy of the project record
2.5.
documents that may include but is not limited to:
As -built drawings showing the actual locations of seams,
5.4.9.1
Specifications
drains, in -ground equipment and other accessories
2.5.1.
installed or provided.
5.4.9.1
Manufacturer's instruction and maintenance manuals for
2.5.2.
Specifications
turf and installed equipment.
564.9.1
Specifications
I Any state, local and/or manufacturer's inspection report
AEPA IFB #012-C - Synthetic Turf - Part C Page 42 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
2.5.3.
or certificate certifying that all state, local and
manufacturer's standards, codes and requirements have
been met.
5.4.9.1
Specifications
Warranty Documents
3.
Submit manufacturer's warranty with all of the forms that
were completed and submitted in owner's name and
5.4.9.1
registered with the manufacturer. Within this
3.1.
Specifications
documentation, the turf manufacturer must verify that
their factory representative has inspected the installation
of the completed project and that all work conforms to the
manufacturer's specifications and requirements.
The manufacturer's warranty shall include general wear
and damage caused from UV degradation. The artificial
grass field turf must maintain an ASTM 355 G-max in
5.4.9.1
Specifications
accordance with product specifications for the life of the
3.2.
warranty. The warranty shall specifically exclude
vandalism and acts of God beyond the control of the
owner or the manufacturer.
The turf manufacturer's/contractor's warranty must be
supported by a paid -up insurance policy or performance
5.4.9.1
Specifications
bond to ensure that if warranty work is required during
3.3.
eight 8) year warranty period, the work can be
the C
g
performed, even if the manufacturer/contractor goes out
of business or no longer exists.
The prime contractor shall provide a warranty to the
owner that covers defects in the prep -work, installation,
5.4.9.1
Specifications
p
workmanship, and further warrants that the installation
3.4.
was done in accordance with both the manufacturer's
recommendations and any written directives of the
manufacturer's onsite representative.
5.5.
Specifications
Turf Cleaning, Grooming and Maintenance Services
The offeror must be willing and able to demonstrate its
past experience in cleaning, grooming and maintaining
various manufacturers of synthetic turf field systems in
5.5.1.
Specifications
the United States within the past five (5) years. Preferably,
the experience will be with educational and governmental
customers located in the Southwest area of the United
States.
The offeror shall use its own employees or subcontractors
5.5.2.
Specifications
that are experienced and skilled in the cleaning, grooming
and maintaining of various manufacturers' synthetic turf
fieldsystem .
5.5.3.
Specifications
The offeror must meet the following criteria:
Guarantees the usability and playability of the synthetic
5.5.3.1.
Specifications
turf system for its intended uses after any cleaning,
grooming and maintenance completed by the offeror.
Prior to order of materials or use of any equipment on the
5.5.3.2.
Specifications
synthetic turf, the contractor shall submit the following
documentation:
The materials that will be used meet the manufacturer's
5.5.3.2.
Specifications
specifications and will not void any part of the Member s
1'
warranty for the synthetic turf.
5.5.3.2.
Any equipment that will be used for grooming, cleaning
2.
Specifications
and maintenance is approved by the turf manufacturer
and will not -void any part of the Members warranty for
AEPA IFB #012-C - Synthetic Turf - Part C Page 43 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
the synthetic turf.
5.5.4.
Specifications
p
Prior to beginning any services, the offeror must identify
the following for the Member's synthetic turf:
5.5.4.1.
Specifications
p
Identify the manufacturer of the turf and infill material
used.
5.5.4.2.
Specifications
Identify the turf construction (i.e. tufted, woven, knitted,
etc.).
5.5.4.3.
Specifications
Identify the play lines
i.e. permanent, temporary, etc.).
5.5.4.4.
Specifications
p
Identify the drainage and irrigation systems to include,
but not be limited to:
5.5.4.4.
Specifications
p
How they operate.
1.
5.5.4.4.
Specifications
How they are controlled.
2.
5.5.4.4.
Specifications
p
System design.
3.
5.5.5.
S ecifications
Work to Include:
5.5.5.1.
Specifications
p
Assess and determine existing site conditions and
Member's expectations for the project.
Develop a proposed solution to conform to and meet the
5.5.5.2.
Specifications
Member's expectations while considering and ensuring
the following:
The solution proposed is adequate and functional within
1.
p.5.5.2. S ecifications
the existing site conditions and will comply with all turf
manufacturers, specifications.
5.5.5.2.
Provide labor, materials, equipment and supervision
2.
Specifications
necessary to provide the services offered, to include the
following:
5.5.5.2.
Specifications
Site inspection and investigation.
2.1.
5.5.5.2.
Specifications
p
Turf type and manufacturer.
2.2.
5.5.5.2.
Specifications
p
Grooming of the turf surface per manufacturers'
2.3.
specifications.
5.5.5.2.
Removing unwanted foreign material to include, but not
2.4.
..
Specifications
limited to, leaves, weeds, unwanted vegetation, and any
other debris that will affect the performance of the turf.
5.5.5.2.
Specifications
Repair damaged turf to manufacturer's specifications.
2.5.
5.5.5.2.
Specifications
p
Remove spots and stains per manufacturer's
2.6.
specifications.
5.5.5.2.
Specifications
p
Re -leveling infill as required, keeping the pitch in
2.7.
optimum condition.
5.5.5.2.
Specifications
p
Play Lines:
2.8.
5.5.5.2.
Permanently inlaid play lines are secured and affixed to
2.8.1.
Specifications
the turf per the manufacturer's specifications and/or
repair or re -secure as required.
5.5.5.2.
Specifications
All painted lines are to use proprietary or recommended
2.8.2.
paint by the turf manufacturer.
5.5.5.2.
Provide cost estimates and information relating to
3'
Specifications
ongoing inspections and maintenance services to ensure
proper operation and upkeep of the synthetic field.
5.5.5.3.
Specifications
p
Identification of Infilled Systems: The specifics of the
synthetic surface, fiber, infill, construction, play lines, and
AEPA IFB #012-C - Synthetic Turf - Part C Page 44 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
any other basic elements or unusual features must be
accurately identified so that the appropriate maintenance
regimen can be applied. Such identification should be
obtained from the provider of the system.
5.5.5.3.
Specifications
Fiber Identification
1.
Fibers vary in length, thickness, and density depending
5.5.5.3.
Specifications
upon the performance requirements of the synthetic turf
1.1.
system for which it has been designed.
Long pile systems may be filled with a combination of
5.5.5.3.
sand and rubber granules, rubber granules only, or a
1.2.
Specifications
p
combination of other specialty materials in order to meet
the pre-determinedcriteria.
5.5.5.3.
Specifications
p
_performance
Infill Identification
2.
5.5.5.3.
Sand: The sand material used as infill should be rounded '
2.1.
Specifications
to sub -angular and silt free.
Rubber: The rubber granules used as infill material are
5.5.5.3.
typically Styrene Butadiene Rubber (SBR) or Ethylene
2.2.
Specifications
propylene Dien Polimerisat (EPDM.) The granules must be
clean and metal free.
Other: Combinations of sand, rubber, or other suitable
5.5.5.3.
materials in various combinations must be capable of
2.3.
Specifications
Spec
meeting all the guidelines and environmental
requirements at the installation location.
5.5.5.3.
Specifications
Construction Identification
3.
Tufted: The most commonly used process by which the
5.5.5.3.
Specifications
fiber yarns that form the pile are inserted into a
3.1.
previously prepared blanket -like primary backing.
5.5.5.3.
woven: The process where the surface is composed of
3.2.
Specifications
Sp
interlacing sets of continuous yarn,
Knitted: The process in which the yarn fibers of the pile
5.5.5.3.
are tied to the backing which was simultaneously
3.3.
Specifications
p
constructed in the same over and under, criss-cross
process.
5.5.5.3.
Specifications
p
Play Lines Identification
4.
The permanent play lines defining the field of play can be
5.5.5.3.
tufted into the surface backing or are an integral part with
4.1.
Specifications
the surface, having been inlaid or cut into the surface with
designated colors.
Temporary play lines are encountered when changes in
field definitions are required. They are painted onto the
..5.3.
Specifications
surface, but require frequent attention, repainting, or
4.2.
repair to maintain their appearance. Frequent inspection
is recommended.
Desirability of permanent or temporary markings depends
5..5.3.
Specifications
on the use of the sport, seasonality, and preference of the
4.3.
users.
Maintenance Procedures: Maintenance procedures
implement the processes available that will help assure
5.5.5.4.
Specifications
continued performance of the system as specified in
relation to the declared purpose and use of the synthetic
turf surface.
AEPA IFB #012-C - Synthetic Turf - Part C Page 45 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
5.5.5.4.
Specifications
General Surface Cleaning
1.
Airborne pollutants such as leaves and other debris
5.5.5.4.
should not be, allowed to remain on the surface for any
1.1.
Specifications
length of time. If not removed, they will migrate into the
system, forming a drainage inhibition within the surface
which can reduce drainage effectiveness.
5.5.5.4.
Specifications
p
A wide soft broom can be used for removing the surface
1.2.
debris.
5.5.5.4.
Specifications
p
A mechanical leaf sweeper or special vacuum cleaner
1.3.
which does not remove the infill can be used.
All mechanical equipment must be well maintained and
1.4. .5.5.4.
Specifications
carefully operated to avoid contamination or physical
damage to the synthetic turfs stem.
5.5.5.4.
Specifications
Grooming
2.
Proper grooming achieves a freshening of the synthetic
5.5.5.4.
turf surface appearance. It*is a crucial operation which
2.1.
Specifications
will help prevent the premature deterioration of the
performance characteristics, appearance, and drainage
properties.
5.5.5.4.
Mechanical grooming can accelerate the process when the
2.1.1.
Specifications
proper equipment is chosen and operated by skilled
personnel.
Drainage is essential to effective maintenance. It is
possible that the bed of infill material serves as a filter.
lnfill can unavoidably retain inert particulate matter
5.5.5.4.
Specifications
conveyed or blown onto the field or carried by rainfall or
2.1.2.
other air contaminants. By moving and re -leveling the
upper layers of infill, mechanical grooming can delay the
timeline when problems may begin to occur in the normal
course of use, which could reduce the drainage process.
Accumulation of unwanted or foreign materials is
inevitable. Too much grooming, or the negligence of
grooming, can affect the long-term turf performance, even
if such does not appear in the short run. Should a
5.5.5.4.
Specifications
p
contaminant have a growth potential, the species and its
2.1.3.
eradication agents should be carefully identified and
removal should be immediate before serious infestation
occurs. Equipment designed for that specific purpose must
be operated by skilled personnel who have precise
knowledge of its effects.
Routine maintenance, if regularly applied, can reduce the
5.5.5.4.
Specifications
long-term effects of any external contaminants, making
2.1.4.
such occurrences almost a non -issue.
5.5.5.4.
.
Specifications
Brushing
3.
The synthetic turf pile needs to be maintained vertically
5.5.5.4.
and requires regular brushing to maintain the vertical
3.1.
Specifications
pitch of the turf. The surface should be brushed in a
number of directions, alternating the direction in
consecutive activities.
5.5.5.4.
Specifications
p
Methods of brushing can be, but not limited to, synthetic
3.2.
lawn rake, mechanical sweepers or blowers.
5.5.5.4.
Specifications
p
It is critical that the type of brush used does not abuse the
3.3.
condition of the surface.
AEPA IFB #012-C - Synthetic Turf - Part C Page 46 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
Brushes that have a rotary action in a horizontal position
in front of the drive unit are preferred since they agitate
5.5.5.4.
the blades of the synthetic turf. The simultaneous
3.4.
. ,
Specifications
vacuuming action should remove the undesired pollutants
and debris. Drag brushes are not recommended for use for
AEPA Members since they have a tendency to flatten the
turf pile and increase cleaning process.
Any equipment used for brushing, grooming and cleaning
5.5.5.4.
Specifications
p
the synthetic turf system needs to meet the turf
3.5m
manufacturer's specifications as not to void any of the
M emb a is warranty.
5.5.5.4.
Specifications
p
Frequency
4.
5.5.5.4.
Specifications
The offeror will need to consult with the turf
4.1.
manufacturer as to the maintenance schedule.
A change in the use patterns and the intensity of play can
influence the frequency of maintenance. It will be the
5.5.5.4.
Specifications
p
contractor's responsibility to keep abreast of the schedule
4.2.
of activities that will take place on the field so the
contractor can ascertain the amount of labor and
materials needed to maintain the field.
In the case of new installation, it may take up to six
months for the infill to finally settle into the pile of the
synthetic turf. Environmental, climatic and use conditions
5.5.5.4.
may affect the final settling. Testing of the synthetic
4.3.
Specifications
surface should occur as noted in the manufacturer's
specifications or in the Suggested Guidelines for the
Essential Elements of Synthetic Turf Systems," published
by the Synthetic Turf Council, and available at
www.syntheticturfcouncil.org.
5.5.5.5.
Specifications_
Special Conditions
5.5.5.5.
Specifications
Play lines
1.
Permanent lines require no special attention other than
checking how securely they are affixed. At a minimum,
5.5.5.5.
such a check of the seams in the synthetic turf field should
1.1.
Specifications
also be made at every grooming session. Any breakdown
of the seams at lines or in the main covering should be
immediately remedied in order to avoid ongoing
deterioration and to help prevent tripping hazards.
When additional lines are required for special events or
changes in the sports being played, these can be painted
onto the surface using proprietary or recommended
paints that have been specified by the manufacturer of the
5.5.5.5m
Specifications
synthetic turf. The contractor will work with the AEPA
1.2.
Member to recommend the most effective solution for the
event. The lines can be a combination of permanent, semi-
permanent., or temporary effects. Marking compounds for
natural grass should not be used, as these will leave a
buildup, forming a crust and potential mobility hazards.
5.5.5.5.
Specifications
Stain Removal
2.
Most stains can be removed easily with a solution of hot
5.5.5.5.
Specifications
p
(not boiling) water and a manufacturer -approved
2.1.
household detergent. Removal of chewing gum can be
simplified by making the gum brittle with a proprietary
AEPA IFB #012-C - Synthetic Turf - Part C Page 47 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
aerosol freezing material. Any other contamination
requires the turf manufacturer's individual consultation
and determination of what course of action is to be taken.
5.5.5.5.
Specifications
p
Snow and Ice
3.
Snow and ice are not harmful and can be permitted to
melt. If it is urgent to remove the snow in order to allow
play, brushes may be used. If the area to be cleared is a full
5.5.5.5.
Specifications
field size, logistics of transporting and disposing of snow
3.1.
may prove prohibitive. The contractor will not use
mechanical snow removal equipment other than the
equipment recommended by the manufacturer of the turf.
5.5.5.5.
Specifications
p
Vehicles Used on the Turf
4.
5.5.5.5.
No vehicles with narrow wheels or tires should run over
4.1.
Specifications
p
the turf.
All vehicles should be lightweight as to not form grooves
5.5.5.5.
in the surface or compact the sub -base formation. The
4.2.
Specifications
p
offeror will need to verify with the turf manufacturer the
type and size of vehicle that can be used on the turf.
When carrying out maintenance with a vehicle, the
5.5.5.5.
grounds person should slow down when maneuvering and
4.3.
Specifications
p
turn in a wide circle to ensure that the wheels/tires do not
dig into the turf.
The vehicle should turn its wheels only when in motion.
5.5.5.5.
All vehicles should travel at slow speeds and avoid any
4.4.
Specifications
and all abrupt and sudden braking, sudden acceleration or
spinning of the wheels, especially on wet surfaces.
5.5.5.5.
Vehicle load limits to be determined by the manufacturer
4.5.
Specifications
p
of the synthetic turf system.
The offeror will need to verify with the manufacturer as to
5..5.5.
Specifications
the suggested turning circles on any vehicles to be used on
4.6.
the turf.
All vehicles must be checked before use to determine oil
.5.5.5.
Specifications
or gas leaks. If such are found, they should be repaired
4'7'
before entry onto the field.
5.5.5.5.
Specifications
Use Patterns
5.
Maintenance input is dependent upon the extent to which
5.5.5.5.
Specifications
a field is used and the effectiveness of the maintenance
5.1.
operations.
Any effects upon the maintenance schedule due to a
5.5.5.5.
Specifications
change of use or condition of the field should be brought
5.2.
to the attention of the AEPA Member by the contractor.
The contractor will keep daily maintenance logs as to the
work performed on the synthetic turf field. If maintaining
more than one field, separate maintenance logs will be
5..5.5.
Specifications
kept for each field. The log is to include, at a minimum,
5.3.
type of maintenance completed, materials used, hours
required, and any other information the AEPA Member
requires.
5.5.5.5.
The contractor will provide copies the maintenance logs
5.4.
Specifications
p
,of
at the request of the AEPA Member.
5.5.5.6.
Specifications
Normal Maintenance
5.5.5.6.
Specifications
Daily: Check the field after each da 's use for distribution
AEPA IFB #012-C - Synthetic Turf - Part C Page 48 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
1.
and condition of the heavily played areas.
Weekly: Brush the surface of the field with a static (non-
5.5.5.6.
Specification
p
rotary) double brush including simultaneous vacuum
2.
devices to redistribute the infill, maintain vertical fibers,
and a level playing "use" field.
Monthly: Check infill levels, seams, inlaid lines, etc., and
report failures (if any) to the manufacturer. Also, check
5.5.5.6.
for over -compaction and de -compaction as may be
3.
Specifications
p
necessary. It is essential that the appropriate equipment is
used in order to achieve the specified performance
criteria.
Periodically: At least once a year, a full grooming session
should take place, brushing (rotating unit), vacuuming, de-
5.5.5.6.
compacting, and grooming (static brush). Top dress with
4.
Specifications
p
new infill may be required. Contact the manufacturer if
any aspect of the maintenance process is causing a
significant concern.
5.5.5.7.
Specifications
Maintenance Agreement
The offeror can offer the annual maintenance agreement
.5.5.7.
Specifications
based upon, at the minimum, specifications as
1'
recommended by the turf manufacturer.
5.5.5.7.
Any maintenance agreement offered by the contractor
2.
Specifications
p
needs to include, at a minimum, the following:
5.5.5.7.
For what items and services the Member is responsible
2.1.
Specifications
p
and for what items the contractor is responsible.
The agreement is to be based upon the turf
5.5.5.7.
Specifications
manufacturers specifications for annual maintenance for
2.2.
the synthetic turfs stem installed.
5.5.5.7.
The offeror can offer other products and services that are
2.3.
Specifications
p
related to turf maintenance under this IFB.
5.5.5.8.
Specifications
Submittals
Synthetic turf manufacturer's specifications and
5.5.5.8.
Specifications
procedures for grooming, cleaning and maintenance of the
1'
turfs stem installed.
Material Safety Data Sheet (MSDS) to include, but not
5.5.5.8.
Specifications
limited to, all types of infill, paints, glues, herbicides, etc.,
2.
used in the performance of the service.
505.5.8.
Samples: Samples of materials and colors as requested by
3.
Specifications
the member or member's representative.
Detailed information on all items and work to be provided
Specifications
and/or performed by the member and stipulate minimum
4.5.5.8.
'
requirements.
Maintenance Instructions: Instructions on how to inspect
5.5.5.8.
. ,
Specifications
and maintain turf system on an ongoing basis to obtain
5.
maximum performance.
Warranty: Written warranty to the member upon
5.5.5.8.
Specifications
completion of any repair, weed treatment, infill
6'
corrections or play line striping.
Cost Proposal: Detailed breakdown of all costs associated
Specifications
with the design, manufacture, delivery, installation and
7.5.5.8.
'
warranty of the proposed solution.
5.5.5.9.
Specifications_
Quality Assurance
Contractor: Proposed solutions must meet or exceed the
5.5.5.9.
Specifications
turf manufacturer's specifications for grooming, cleaning
1.
and maintenance.
AEPA IFB #012-C - Synthetic Turf - Part C Page 49 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
Item
Requirement
Description
Comply
Deviate
5.5.5.1
Specifications
Contractor Qualifications
0.
Contractor must have five (5) years of experience in the
5.5.5.1
Specifications
installation and maintenance of synthetic turf systems
0.1.
Which meet and/or exceed the standards and guidelines
from the turf manufacturer.
5.5.5.1
Specifications
Factory -trained and certified by the turf manufacturer for
0.2.
maintaining synthetic turfs stems.
Signature
Must be same signature that appears on Bid Affidavit and Acceptance Forms
AEPA IFB #012-C - Synthetic Turf - Part C Page 50 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA FORM F.2.: DEVIATIONS
AEPA IFB #012 - SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS:
1. If "no" is checked below, complete this form by signing it at the bottom.
2. If "yes" is checked below, either insert answers into this form or create a facsimile in a
Microsoft Word table format to provide narrative explanations of exceptions. If creating a
facsimile, the bidder is reminded to use the heading above, and include the bidder name and
signature at the end.
3. If adding pages, the bidder's name and identifying information as to which item the
response refers must appear on each page.
4@11 Scan this form plus any attachments into a single PDF document.
5. Title the file as per the instructions under Part C (this section), page 2, #5. Save to Folder A.
6. Exceptions to local, state or federal laws cannot be accepted under this bid.
NO, this bidder does not have deviations (exceptions or alternates) to the specifications listed in
Part B, Form F.
YES, this bidder has the following deviations to the Specification incorporated in Parts B of this
IFB.
Outline
Number
from Form F
Signature
Specification (describe)
Details of Deviation
Must be same signature that appears on Bid Affidavit and Acceptance Forms
AEPA IFB #012-C - Synthetic Turf - Part C Page 51 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
AEPA BID FORM G: DISCOUNT AND PRICING SCHEDULE
AEPA IFB #012- SYNTHETIC TURF
NAME OF BIDDER
INSTRUCTIONS: Bidders are reminded as they prepare the discount pricing schedule that they are responsible
for administrative fees on purchases to be remitted to Member Agencies. (See Part A of this IFB, Pricing.)
1. Complete this page and scan it to a PDF document, saving in the name of "Bidder Name Form G."
2. Prepare a discount and pricing schedule in a Microsoft Excel spreadsheet document as directed below
for G.1. Save the document in the name of "Bidder Name Form G.1 Pricing."
3. Use Form G.2 (Excel document) to complete the Unit Price Schedule for Selected Items.
4. The responses to G.3. and GA., below, can be incorporated in the same Excel file prepared for G.1.
Clearly differentiate the G. I., G.3. and G.4. sections. The response to GA. can also be prepared as a
Word attachment that has been scanned to the same PDF as this page (Form G) as an attachment or its
own PDF. Either way, caption or title accordingly.
5. Complete this page and scan it to a PDF document. If it is necessary to continue the response to GA
below onto an attachment, be sure to label it appropriately and incorporate it into the same PDF
document.
6. Copies of the bidder's most recent catalog or pricelist showing the products available to members
under this bid may be included as PDF documents.
7. Save all documents to Folder B.
G.I. Price Schedule: Provide a product price schedule. The preferred schedule must include for each
item of equipment offered under the bid:
■ Manufacturer
■ Manufacturer's item number
■ Model category (insert Products/Services)
■ Product description, including standard equipment and accessories
■ Regular, non -discounted (list) price offered by bidder
■ AEPA member discount from list price for equipment
■ Percentage discount offered on this item
■ Optional equipment and accessories available with the given model
■ List prices for optional items
■ Discounted prices and percentage discounts for optional items
■ List and discount prices for replacement parts
■ Shipping charges (clearly identified or identified as included in the bid price)
G.Z. Unit Price Schedule for Selected Items: Download and complete the accompanying Excel
form, complete and save it accordingly.
G.3. Warranties, Additional Services or Incidental Price Schedule: Provide a price schedule for
any and all extended warranties, additional or incidental services, products, equipment and/or
supplies, providing the details listed under Section G 1.
GA. Additional Discounts: If additional discounts/bonuses are available to AEPA members based on
a dollar volume, sizes of orders or other criteria, state the formula for arriving at these discounts:
Signature
Must be same signature as on Bid Affidavit Signature and Acceptance Form
AEPA IFB #012-C - Synthetic Turf - Part C Page 52 of 52 Bids Due: October 14, 2011,1:30 p.m. EDT
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No Text
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
Form G.2: UNIT PRICE SCHEDULE FOR SELECTED ITEMS
Bid Submission Form: AEPA IFB #012-C - SYNTHETIC TURF
Instructions to Bidders
Each RFB specification identified in Part B — Specifications, Section 5, Specifications refer to the type and quality of products and
services being bid. In the form below, enter your bid prices for those items indicated, the prices and/or discounts offered for
providing all equipment, goods, services, supplies and related items. The prices you offer on these pages affirm that you have
accepted the specifications to obtain, deliver and provide those goods and services requested. Each bidder is encouraged to offer its
complete product line and provide the lowest and best prices for the complete product line(s) offered. Please provide price lists
and/or catalogs that state a list/retail/regular price, AEPA discount and the AEPA price.
If additional clarification, price sheet(s) and/or catalog(s) pertaining to the bid being submitted are needed, follow the format as
prescribed in Part C: Bid Instructions, Form G: Pricing Schedule Submittal Instructions.
Description of Cost Factors
Cost Eval
Unit of Measure
Offeror's Bid
Points
Performance and payment bond - bonding rate (percent of
25
Percent
1.1250%
project)
Bonding capacity - total amount of capacity available
25
Dollar Amount
$75,000,000.00
NA
AEPA Discounts offered on individual manufacturer's
150
Percent
published price lists/catalogs
20%
Alternative methods of costing - percent of overhead/markup
50
Percent
to cost
10%
Discounts offered of alternative costing methods (cost +
50
Percent
profit & overhead) Rate of discount
0.990%
1.15%
9%
R.S. Means Multiplier/Factor - Normal Hours
125
Percent
R.S. Means Multiplier/Factor - Out Side of Normal Hours
50
Percent
Offeror's Support for AEPA Pricing, Percent off the
25
Percent
Offeror's Support for AEPA Pricing page
Brand/Model # Offeror's Bid
Selected individual products for cost evaluation
p
Cost Eval
Unit of Measure
Points
Project Design, Development or Consultant
15
Per Hour
$ 120.00
Professional Engineering Services
15
Per Hour
$ 85.00
$ 65.00
Installer (Tradesman)
15
Per Hour
5.4.6.1.1 FieldTurf Outdoor Soccer "Monofilament" Series
# 1(FTOM IS) - Pile Yarn Type: Polyethylene (UV
resistant); Yarn Linear Density: 9000 (6 end monofilament
with CF Wrap); Units: Denier +/- 5%; ASTM: D1577; Pile
Height: 1 7/8" - 2 1/8"; Units: Inches; ASTM: D418/D5848;
FieldTurf
Pile Weight: 30; Units: oz/sq. yd."; ASTM: D418/D5848;
65
Per Sq. Ft.
Revolution 2.0"
3.93
Turf Bind 6.0 lbs without infill. ASTM D 13 3 5; Grab Tear
width and length, >200 lbs/force, ASTM D 1682/D5034;
Carpet permeability, > 40 inches/hour, ASTM D4491;
Impact Attenuation, GMAX = <135 at installation and =
<200 over field life.
e.g. $100 + 20% P&O = $120)
e.g. $120 -10% Discount = $108)
kdditional Discount on RS Means
available on dollar volume
Page 234
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
5.4.6.1.2. FieldTurf Outdoor Soccer Series #2 (FTOS2-S) -
Pile Yarn Type: UV resistant Polyethylene, UV -
Performance: >80% retained tensile strength after 5,000
hours; ISO4892-2; Linear Density: 8,000; Units: Denier +/-
5%; ASTM: D1577; Yarn Breaking Strength: 47; Units: lbs;
ASTM: D2256; Yarn Maximum Elongation: 40%; ASTM:
D2256; Yarn Melting Point: 250; Units: Degrees F; ASTM:
D789; Minimum Pile Height: 2; Units: Inches; ASTM:
D418; Maximum Pile Height: 2 1/8"; Units: Inches; ASTM:
D418; Pile Weight: 27; Units: oz/yd2; ASTM: D418;
Primary Backing Weight: 8.5 Units: oz/yd2; ASTM: D418;
FieldTurf Classic
Secondary Backing Weight: 16-18; Units oz/yd2; ASTM:
75
Per Sq. Ft.
2.011
3.84
D418; Stitch Gauge 3/4 inch centers; ASTM: D418; Tuft Bind
(without infill): 7; Units lbs; ASTM: D1335; Tuft Bind (with
infill): 12; Units lbs; ASTM: D1335; Grab Tear Strength
(width): 207; Units: lbs/force; ASTM: D1682; Grab Tear
Strength (length): 297; Units: lbs/force; ASTM: D1682; Pill
Burn Test: meets standard requirements; ASTM: 2859;
Critical Radian Flux: 24; Units BTU/hr/ft2; ASTM: E648;
Impact Attenuation: 140-175; Units: Gmax; ASTM:
F355/F 1936; Relative Abrasiveness Index: 20; ASTM:
F 1015; Permeability: 40-60; Units: Inches/hour, ASTM:
F1551; Depth of Infill Material: 1 1/4; Unit: Inches.
5.4.6.1.3. FieldTurf Duo Series #2 Soccer (FTHS-2S) - Pile
Yarn Type: UV -Resistant Polyethylene; Yarn Linaer Density
12500; Unit: Denier +/- 5%; ASTM: D 1907; Yarn Breaking
Strength: 25 Nominal; Units: lbs; .ASTM: D2256; Yarn
Maximum Elongation: 40% Nominal; ASTM: D2256; Pile
Height: 2"; Units: Inches; ASTM: D5848; Pile Weight: 34;
Units: oz/yd2; ASTM: D5848; Total Weight: 57; Units
oz/yd; ASTM: D5848; Primary Backing Weight: >7; Units:
oz/yd2; ASTM: D5848; Secondary Backing Weight 16-18;
FieldTurf
Units oz/yd2; ASTM: D5848; Stitch Gage: % inch centers;
75
Per Sq. Ft.
Revolution 2.0"
3.93
ASTM: D5848; Tuft Withdrawal Force: >7 (per bundle);
Units: lbs/force; ASTM: D1335; Grab Tear Length: >200;
Units: lbs/force; ASTM: D5034: Grab Tear Width: >200;
Units: lbs/force; ASTM: D5034; Pill Burn Test: Pass;
ASTM: D2859; Impact Attenuation: <200; Units G-max;
ASTM: F 1936; Permeability: >40; Units: Inches/hour; DIN
18-035; Total Depth of Infill Material: 1.25; Units: Inches;
Impact Attenuation, GMAX = <135 at installation and =
<200 over field life, ASTM F355/F 1936.
Page 235
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
5.5.6.1.4 FieldTurf Proscape 2" US Units(GF-FTS) — Pile
Yarn Type: UV -Resistant Polyethylene; UV -Performance:
>80% retained tensile strength after 500 hours; ISO: 4892-2;
Linear Density: 8000; Units: Denier +/- 5%; ASTM:
D15770; Yarn Breaking Strength: 40 Units: lbs. ASTM:
D2258; Yarn Maximum Elongation: 40% nominal; ASTM:
D2256; Yam Melting Point: 250; Units Degrees F; ASTM:
D789; Minimum Pile Height: 2; Units: Inches; ASTM: D418
Maximum Pile Height: 2.125; Units: Inches; ASTM: D418;
Pile Weight: 27: Units: oz/yd2; ASTM: D418; Primary
Backing Weight >7.0; Units: oz/yd2; ASTM: D418; FieldTurf Classic
Secondary Backing Weight: 16-18; Units: oz/yd2; ASTM:
65 Per Sq. Ft. 2.011
3.84
D418; Stitch Gauge: % inch centers; Tuft Bind (without
infill): 8; Units: lbs; ASTM: D1335; Grab Tear Strength
width: >200; Units: lbs/force; ASTM: D1682; Grab Tear
Strength length: >200; Units: lbs/force; ASTM: D1682; Pill
Burn Test: Pass; ASTM: D2859; Critical Radiant Flux: 24;
Units: BTU/hr/ft2; Impact Attenuation, GMAX = <135 at
installation and = <200 over field life, ASTM F355/F1936;
Relative Abrasiveness: 20; ASTM: F 1015; Permeability:
>40; Units: Inches/hour; ASTM: F 1551; Depth of Infill
Material: 1.25; Units: Inches.
5.4.6.1.5. FieldTurf Landscaping Grass (GF-FTS) - Pile Yam
Type: UV Resistant Polyethylene; UV -Performance: >80%
retained tensile strength after 5000 hrs; ISO: 4892-2; Linear
Density: 8000; Units: Denier +/- 5%; ASTM: D1577; Yarn
Breaking Strength: 40 nominal; Units: lbs; ASTM: D2256;
Yarn Maximum Elongation: 40% nominal; ASTM: D2256;
Yam Melting Point: 250; Units degrees F: ASTM D789;
Minimum Pile Height: 1.5; Units: inches; ASTM: D418;
Maximum Pile Height:1.625; Units: Inches; ASTM: D418;
Pile Weight: 18; Units: oz/ yd2; ASTM: D418; Primary
BackingWeight: >7.0; Units: oz/ d2; ASTM: D418; FieldTurf Classic
g y 75 Per Sq. Ft. 3.84
Secondary Backing Weight: 16-18; Units: oz/ yd2; ASTM: 2.0"
D418; Stitch Gauge: 3/4 inch centers; ASTM: D418; Tuft
Bind (without infill):8 Units: lbs; ASTM: D1335; Grab Tear
Strength width: >200; Units: lbs/force; ASTM: D1682; Grab
Tear Strength length: >200; Units: lbs/force; ASTM: D1682;
Pill Bum Test: Pass; ASTM: D2859; Critical Radiant Flux:
24 Units: BTU/hr/ft2; ASTM: E648; Relative Abrasiveness
Index: 20 ASTM: F 1015: Permeability: >40; Units:
-inches/hour; ASTM: F 1551; Depth of Infill Material: 1;
Units: inches; Depth of Infill Material: Sand and Rubber
Filled
Page 236
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
5.4.6.1.6. FieldTurf Professional Putting Green - Pile Yarn
Type: UV -resistant polypropylene; UV -performance: >80%
retained tensile strength after 5000 hrs ISO: 4892-2; Linear
Density: 7,600; Units: Denier + - 5%; ASTM: D1577; Yarn
Breaking Strength: 47; Units: Lbs; ASTM D2256; Yarn
Maximum Elongation: 40%; ASTM: D2256; Yarn Melting
Point: 250; Units: Degrees F; ASTM: D789; Pile Height: 1
65
.
Per SqFt.
FieldTurf Classic
3.84
1/41/2f, Units. Inches, ASTM. D418, Pile Weight: 30; Units:
2.0
oz/yd2; ASTM: D418; Primary Backing Weight: 4: Units:
oz/yd2; ASTM D418; Secondary Backing: Urethane; Units:
No Perforations; ASTM: D418; Stitch Gauge: 3/8"; Units:
Centers; ASTM: D418; Permeability: 40-60 Units:
Inches/hours; ASTM: F 1551; Depth of Infill Materials: I";
Units: Inches.
5.4.6.1.7. FieldTurf Duo-Monofilament Series I (FTHS-1S)
Pile Yarn Type: UV -resistant polyethylene; Yarn Linear
Density: 12500; Units: Denier +1-5%; ASTM: D1907; Yarn
Breaking Strength: 25 nominal; Units; lbs; ASTM: D2256;
Yarn Maximum Elongation: 40% nominal; ASTM: D2256;
Pile Height: 2.5 nominal (N.B. Variation of +1-5% on pile
height is within normal manufacturing tolerances); Units:
Inches; ASTM: D5848; Pile Weight: 40; Units oz/yd2;
ASTM: D5848; Primary Backing Weight: >7; Units ox/yd/2;
65
Per Sq. Ft.
FieldTurf
4.29
ASTM: D5848; Secondary Backing Weight: 16-18; Units:
Revolution 2.5 ��
oz/yd2; ASTM: D5848; Stitch Gauge: 3/4 inch centers;
ASTM: D5848; Tuft Withdrawal Force: >7 (per bundle)
Units: lbs/force; ASTM: D1335; Grab Tear Length: >200;
Units: lbs/force; ASTM: D5034; Grab Tear Width: >200;
Units: lbs/force; ASTM: D5034; Pill Burn Test: Pass;
ASTM: D2859.; Impact Attenuation, GMAX = <135 at
installation and = <200 over field life, ASTM F355/F 1936;
Permeability: <40; Units: Inch/hour; ASTM: DIN 18-033.
Page 237
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
5.4.6.1.8. Tarket Prestige Synthetic Grass; Yarn
characteristics: Composition — Polyethylene; Structure —
Straight Monofilament; Yarn Count: 10000 Dtex/9000 denier
+10%; Tape Thickness: 120-80 Microns; Tape Width
Number of Tape: 6; Tuft Characteristics — Tufting: In line;
Gauge: 3/4` ; Pile height: 2"; Number of stitches: 12/3 " +/-
5%; Velour weight: 30 oz/sgy +/- 10%; Backing
Characteristics - Primary Backing: Polypropylene two part
composite comprised of both woven and nonwoven
component; Weight Per Unit: 7 oz/sgy; Type of Coating:
solid urethane with perforations; Coating Weight: 18-20
FieldTurf Prestige
oz/sqy; Total Carpet Weight: 5.5 oz/sgy +/- 11%0. Ballast
65
Per Sq. Ft.
XM-50P 2.011
3.59
Characteristic - Ballasting sand must be siliceous (95% min)
washed and dried. Rubber granules (SBR) must be clean with
1% of small elements under 0,5 mm.The grains must be as
round as possible; Sand Type d/D - granule size 0.5 / 1.2
mm; Quantity: 2 Lbs/sgft; Recycled Type Granules: (particl
size 0,5/1,8) in accordance with NF P 1856; Quantity: 3
lbs/sgft. Test Results — Ribbon Denier: 12412; Ribbon
breaking strength: 34.15 lbs/force; Ribbon Elongation:
39.1%; Ribbon Tenacity 1.82; Ribbon Thickness: 100
microns; Melt Point: 125-C Polyethylene.
Field Markings
Football - Play perimeter lines, five -yard lines, hash marks,
yardage numbers, perimeter boundary and logo shall be done
in accordance with the turf manufacturer's instructions and
Percentage
g
specifications. The individual project's design drawings shall
50
Discount from
9%
$7,000
comply with national and state sport organizations, national
Price List
associations and industry standards.
Soccer - Play perimeter lines, midfield line, center circle,
penalty area , penalty mark, goal area, coner kick and logo
shall be done in accordance with the turf manufacturer's
Percentage
and specifications. The individual project s
50
Discount from
9%
ONOinstructions
design drawings shall comply with national and state sport
Price List
organizations, national associations and industry standards.
Percentage
Alternative
Field or End -Zone logo inlaided - one color
25
Discount from
9%
Costing. See
Price List
Explanation at
Bottom of page
Percentage
Alternative
Field or End -Zone logo inlaided - two or more colors
25
Discount from
9%
Costing. See
Price List
Explanation at
Bottom of vage
Percentage
Alternative
Field or End -Zone logo painted - one color
25
Discount from
9%
Costing. See
Price List
Explanation at
Bottom of vage
Percentage
Alternative
Field or End -Zone logo painted - two or more colors
25
Discount from
9%
Costing. See
Price List
Explanation at
Bottom of vage
Percentage
Alternative
Field or End -Zone lettering inlaid - one color
25
Discount from
9%
Costing. See
Price List
Explanation at
Bottom of page
Page 238
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
Alternative
Percentage
Costing. See
Field or End -Zone lettering inlaid - two or more colors
25
Discount from
9%
Explanation at
Price List
Bottom of vage
Alternative
Percentage
Costing. See
Field or End -Zone lettering painted- one color
25
Discount from
9%
Explanation at
Price List
Bottom of vage
Alternative
Percentage
Costing. See
Field or End -Zone lettering - painted two or more colors
25
Discount from
9%
Explanation at
Price List
Bottom of page
Options
Site Work -use RS
Means or
Percentage
Alternative
Watering Systems
50
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of
Site Work -use RS
Means or
Percentage
Alternative
Inground Heating Systems
50
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of page
In -Ground Equipment and Accessories or Equal
Site Work -use RS
Percentage
Means or
Pole Vault Boxes: Provide (#711-1100) cast aluminum vault
25
Discount from
9%
Alternative
boxes.
Price List
Costing Method.
See Explanation at
Bottom of naae
RS Means or
Percentage
Alternative
Take -Off Boards: Provide (#519-2100) take -off board
25
Discount from
9%
Costing Method.
systems.
Price List
See Explanation at
Bottom of page
Site Work -use RS
Means or
Shot Put Toe Boards: Provide (#716-1630) 3-1/4 shot put toe
25
Percentage
Discount from
9%
Alternative
boards.
Price List
Costing Method.
See Explanation at
B f naze
Discus, Shot & Hammer Ring Forms With Built -In
Circles
Site Work -use RS
Percentage
Means or
Shot Put Rings Form #725-2592
25
Discount from
9%
Alternative
Costing Method.
Price List
See Explanation at
Bottom of Daze -
Site Work -use RS
Means or
Percentage
Alternative
Discus Rings Form #725-2591
25 ,
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of pap-e
Site Work -use RS
Means or
Percentage
Alternative
Hammer Rings Form #725-2593
25
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of patze
Page 239
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
Site Work -use RS
Means or
Combination Hammer/Discus Cage #572-4100R IAAF
25
Percentage
Discount from
9%
Alternative
Stadium Model - IAAF Certified E-99-0058
Price List
Costing Method.
See Explanation at
Bottom of paae
Site Work -use RS
Means or
Percentage
Alternative
Hammer/Discus Conversion Ring #725-2535
25
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of
Water Jumps
Site Work -use RS
Means or
Percentage
Alternative
Adjustable Water Jump Hurdle with Sleeves #506-5413
.1 p
25
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom e
Site Work -use RS
Aluminum Water Jump Cover Recessed #505-5420. As
Means or
required by the AEPA Member, the offeror is to install track
re q
Percentage
Alternative
surfacing onto the cover. The cover, when installed with
25
Discount from
9%
Costing Method.
synthetic surfacing on it, shall be flush with the surrounding
Price List
See Explanation at
area.
Bottom f Daze
Removable Aluminum Track Curbing
Site Work -use RS
Means or
Percentage
Alternative
#792-9410 Powder -Coated Gold
25
Discount from
9%
Costing Method.
Price List
See Explanation at
Bottom of a e
Site Work -use RS
Means or
Percentage
Alternative
# 792-9411 Powder -Coated Silver
25
Discount from
9%
od.
CostininggMethod.
Price List
See Explanation at
#792-9412 Non -Powder -Coated
25
Percentage
Discount from
Price List
9%
Site Work -use RS
Means or
Alternative
Costing Method.
See Explanation at
Rnttnm of nape
#792-9413 White Powder -Coated
25
Percentage
Discount from
Price List
9%
Site Work -use RS
Means or
Alternative
Costing Method.
See Explanation at
Bottom of naae
Site Work -use RS
Long Jump Sandpits and Traps: The sandpits shall be
percentage
Means or
constructed using the ACO border and sand trap system,
25
Discount from
°
9 /o
Alternative
Parts Number 2739/1453/0962, installed to manufacturer's
Price List
Costing Method.
instructions.
See Explanation at
Bottom of paize
Sand: All sand for the long/triple jumps sand pits shall be
clean, washed, white sand, containing not more than five
RS Means or
percent (5%) clay and shall be free of trash, organic matter,
percentage
Alternative
and rock. Installed sand is to meet all specifications of the
25
Discount from
9%
Costing Method.
IAAF —washed river sand, 0 to 2mm graining, no organic
price List
See Explanation at
components, maximum five percent (5%) of weight up to
Bottom of page
0.2mm. Prior to installation, the contractor shall provide the
member with a one (1) gallon sample for approval.
Page 240
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
Turf Cleaning, Grooming and Maintenance Services
Site inspection and investigation.
25
Per Hour
Free of charge with
Price PSF not
available.
GroomRight
$5000 - cost of
Grooming of the turf surface per manufacturers'
Maintenance
machine.
specifications.
25
Per Sq. Ft.
Machine that
Frequency- Every
owner can
4-6 weeks
purchase for
grooming
Price PSF not
$1000- Cost of
available- Owner
SweepRight
Removing unwanted foreign material to include, but not
can purchase
Maintenance
limited to, leaves, weeds, unwanted vegetation, sand and any
25
Per Sq. Ft.
SweepRight
Machine.
other debris that will affect the performance of the turf
Maintenance
Frequency - as
without removing infill.
machine for
needed to remove
housekeeping
nurnmeq-
loose debris
No cost- typically
Repair damaged turf to manufacturer's specifications.
25
Per Sq. Ft.
covered under
warranty.
No Cost psf -
FieldTurf DoctorKit
Remove spots and stains per manufacturer's specifications.
25
Per Sq. Ft.
-Included with
purchase of field.
Re -leveling infill as required, keeping the pitch in optimum
25
Per Sq. Ft.
No Cost if under
condition per manufacturer's specifications..
warranty
Price not availablePSF.
Clean drainage system of unwanted foreign materials to
Training
include, but not limited to, leaves, weeds, unwanted
25
Each
provided in
vegetation, sand and any other debris that will affect the
Maintenance
performance of the drainage system.
Guide
Play Lines
Repair or re -secure permanently inlaid play lines per the
25
Linear Foot
No Cost if under
manufacturer's specifications.
warranty
No price PSF.
Paint or re -paint lines per turf manufacturer's specifications.
25
Linear Foot
Train Owner's
Maintenance team
Infill Granules must be clean and metal free
No Cost per pound
available- cost of
Sand: The sand material used as infill should be rounded to
sand included in
sub -angular and silt free.
25
Cost Per LBS
product price.
Extra to be left on
site.
No Cost per pound
available- cost of
rubber included in
Rubber - Styrene Butadiene Rubber (SBR)
25
Cost Per LBS
product pace.
Extra to be left on
site.
Page 241
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
No Cost per pound
available- cost of
rubber included in
Rubber - Ethylene Propylene Dien Polimerisat (EPDM)
25
Cost Per LBS
product price.
Extra to be left on
site.
No Price
Available.
Snow and ice removal manufacturer's specification from
25
Per Sq. Ft.
FieldTurf will train
athletic field.
owner's
maintenance crew
at no cost.
Maintenance Agreement
No Cost Available
FieldTurf will train
Daily: Check the field after each day's use for distribution
25
Cost PER Hour
owner on daily
and condition of the heavily played areas.
maintenance needs
with purchase of
field.
No Cost Available
Weekly: Brush the surface of the field with a static (non-
FieldTurf will train
rotary) double brush including simultaneous vacuum devices
25
Cost PER Week
owner on weekly
to redistribute the infill, maintain vertical fibers, and a level
maintenance needs
playing "use" field.
with purchase of
field.
No Cost Available
FieldTurf will train
Monthly: Check infill levels, seams, inlaid lines, etc., and
owner on monthly
report failures (if any) to the manufacturer. Also, check for
maintenance needs
over -compaction and de -compaction as may be necessary. It
25
Cost PER Month
with purchase of
is essential that the appropriate equipment is used in order to
field. Local
achieve the specified performance criteria.
FieldTurf sales
Reps often check
on condition of
Periodically: At least once a year, a full grooming session
should take place, brushing (rotating unit), vacuuming, de-
Cost PER
SportChamp Once
compacting, and grooming (static brush). Top dress with new
25
Occurrence
a
$3,000
infill may be required. Contact the manufacturer if any aspect
year
of the maintenance process is causing a significant concern.
Included at no
Training on care and maintenance for synthetic turf.
30
Hourly Rate
charge with
purchase of field.
Note #1: Explanation for Using Alternative Costing for End -Zone letters/Logos: It would be a disservice to the AEPA and its members to pre -
price these items due to the fact that they fluctuate based on size, color availability, site location, design, layout and other factors. Members would
be better served to purchase these items using the "alternative costing method" to ensure an accurate and fair price quotation, and least expensive
price option.
Our dedicated team has used this pricing method within the AEPA for the eight plus years and it has proven to be the best overall means of pricing
these types of price sensitive items. We would not suggest continuing this "case -by -case" pricing method if we did not believe it best served our
customers and the AEPA.
Page 242
Bidder: FieldTurf USA, Inc.
Form G.2: Unit Price Schedule for Selected Items
Note #2: See FieldTurf Maintenance Guide for all items included free of charge or under warranty with the purchase of a FieldTurf Field.
Note #3: SiteWork - IRS Means or Alternative Costing Method. In the past, we have found that customers receive the least expensive price to use
a discounted IRS Means or Alternative Costing Method to price these types of line items, as costs vary on each project due to economies of scale.
Note #4: Additional volume discounts on IRS Means and Alternative Costing are available based on size of each individual project.
Note #5: FieldTurf is prepared to offer turnkey solutions for ground-up/base construction for synthetic fields through use of Alternative Costing or
IRS Means. Past experience with AEPA turnkey projects confirms our position that the best value pricing for customers is obtained through these
costing methods.
Note #6: One multiplier number has been used that accounts for the best, lowest price opportunity that considers non -prevailing wages, use
tax, prevailing wages, Davis Bacon, and shipping.
Page 243
and Contracts Division
City of Tamarac Purchasing, 1
EXHIBIT B
14 Agreement
Date: 01 /21 /2014
To: Greg Warner
City of Tamarac
Public Works Dept.
6011 Nob Hill Rd., 2nd Floor
Tamarac, FL 3 3 3 21-6200
Phone: (954) 597-3620
Email: greg.warner(a7tamarac.or
From: Chris Wedge, Regional Sales Manager
Phone: 3 52-242-7620
Email: Chris, Wed - e a fi eldturf.,c om
Subject: I Tamarac Field 5 Project
The following prices are based off of the preferential pricing offered through the Association of Educational
Purchasing Agencies (AEPA) per IFB #012. The local AEPA member in Florida is the Panhandle Area Educational
Consortium (PAEC). All pricing has already been bid out so there is no need to duplicate the bidding process.
Description
Quantity
Units
Unit Price
Total
Site Work
1
Design Services See Description Below
1
LS
159312.24
$155,312.24
2
Sitework See Description Below
1
LS
2759370.26
$252,266.40
Subtotal Site Work
$2679578.64
S nthetic Turf
3
FieldTurf 2.25" Classic FTHD
74,090
SF
3.97
$2949158.70
4
Inlaid Football Hash Marks
1
LS
79140.00
$79140.00
5
Inlaid Football Numbers & Arrows
1
LS
79140.00
$7,140.00
6
Inlaid Soccer Markings
1
LS
79140.00
$79140.00
7
Inlaid Men's Lacrosse Tic Marks
1
LS
DONATED
$0.00
8
24'-6" X 38' Center Logo 1-8 Standard Colors
1
LS
103,200.00
$109200.00
9
Custom Color on Pink Area of Center Logo
1
LS
69120.00
$69120.00
10
GroomRi ht & Sweeper
1
LS
69120.00
$69120.00
Subtotal Synthetic Turf
$3389018.70
Subtotal Project
$6059597.34
11
Performance & Payment Bonds
1
LS
79029.90
$79029.90
Total Project
$6129627.24
7445 C6te-de-Liesse Road Suite 200— Montreal Quebec H4T 1G2— Tel 1-800-724-2969 — Fax (514) 340-9374
►.FieldTurf.com
Tamarac Field 5 Project
January 28, 2014
Page 2 of 3
SCOPE OF WORK:
• Design Services and construction documentation for the FieldTurf limits only including:
a) Review existing Geotechnical information and Stormwater Calculations prepared by others
b) Erosion Control Plan
c) Layout Plan
d) Grading Plan
e) Utility Plan
f) Field Marking Plan
g) Detail Plans to include curbs, piping systems, base section and additional details as required to
complete the installation of the field
h) Furnish Sealed Drawings
i) Attend up to one (1) coordination meeting with the Local Permitting Authority
• Dynamic Base Construction Services:
a) The supply and installation of the dynamic operating base (approx. 6-8inch profile) upon which the
FieldTurf artificial grass surface can be placed
b) The supply and installation of the field perimeter edging
c) Notwithstanding anything else contained herein FieldTurf will not be responsible for the planarity, the
stability, nor the porosity of the base in cases where FieldTurf followed specifications by a third party
architect.
d) Mobilization
e) Survey and layout as required for our work
f) Excavate to proper elevations -- all spoils to remain within limits of base
g) Allow for 8" turf and stone profile
h) 6inch x 12inch concrete perimeter curb at perimeter limits of FieldTurf to receive turf nailer
i) Laser grade subsurface to a minimum 0.5% fall from centreline of playing field
j) Excavate trenches to accommodate Perforated HDPE drainage pipe
k) Furnish and install geotextile fabric over a prepared subgrade
1) Furnish and install 1" x 12" flat panel drains on 20ft centers in a herringbone pattern that will gravity
feed to the perimeter collector drain
m) Furnish and install 10" HDPE perimeter drain piping
n) Tie into existing storm outlet piping within the limits of the proposed turf area
o) Furnish and install 4.5" of 3/4" Drain Rock
p) Lasergrade and compact base stone
q) Furnish and install 1.5" 3/8" Finish Stone
r) Lasergrade and compact Finish stone
s) Furnish and install (1) set of football goal posts with foundations
t) Restore site and disturbed areas
u) One year warranty on base construction
EXCLUSIONS:
1. E & S Controls. Allowance Only
2. Sales Tax- Owner to provide tax exempt certificate
3. Supply or installation of Perimeter Safety Fencing
4. Rock excavation, haul off spoils offsite
5. Site Security
6. Unsuitable soils - Once subgrade has been established, a proof roll will be required to ensure structure
stability of the soils. In the event that unsuitable soils are encountered, a price to remedy the areas will be
negotiated between owner and contractor
7. Installation of manholes, junction boxes, gabions, concrete or rock rip rap, storm drainage not related to the
field construction, grate inlets, RCP
Tamarac Field 5 Project
January 28, 2014
Page 3 of 3
8. Relocation, removal of existing utilities not limited to electrical conduits, power poles, water, sewer, gas
cable, telephone, storm drainage, irrigation heads, lines, valve boxes or wiring of same
9. Permits and fees are responsibility of owner.
10. Construction signs (If necessary, are responsibility of owner)
11. Small vehicle to tow FieldTurf Groomer
12. Geotechnical investigation of site
13. Unless otherwise specified, does not include any G-max testing
NOTES:
Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and
installation only of its product pursuant to the present bid proposal, the following shall apply:
• This proposal and its acceptance is subject to strikes, accidents, delays beyond our control and force
maj eure;
• Final payment shall be upon the substantial completion of FieldTurf s obligations;
• Fieldturf requires a minimum of 21 days after receiving final approvals on shop drawings to manufacture,
coordinate delivery and schedule arrival of installation crew. FieldTurf further requires 28 days to install
the Product subject to weather and force majeure.
• Fieldturf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a
minimum access of 15 feet wide by 15 feet high, and, no more than 100ft from the site.
• This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are
necessary additional charges will apply.
• FieldTurf shall be accountable for its negligence but shall not be bound by any penalty clauses.
• In the event that FieldTurf is ultimately obliged to take collection procedures for payment, acceptor of this
bid shall be liable for FieldTurf s collection costs including attorney fees and costs.
• An 8 yr, 3rd party insured warranty is included on the Fieldturf synthetic surface
• All colors are to be chosen from FieldTurf s standard colors.
• Custom color selection approval process requires 10 Week Lead tinie AFTER approval of color chip
from :riot -ton Extrusion in Germany.
The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw
materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally
binding imposition affecting the transaction. The price of the base preparation is subject to increase in
the event FieldTurf encounters any of the following site conditions: soil contamination; bedrock;
unknown utilities; underground springs; unstable or unsuitable ground; and any concealed or unknown
conditions.
Please contact Eric Fisher if you have any questions or require additional information regarding FieldTurf s
SmartBuy Program: 888-209-0065, ext. 246 or via e-mail at eric.fisher a>fieldturf.com. Be sure to visit our website
at www.feldturf.com.