Hydraulic Pavement Breaker
| Agency: | State Government of Iowa |
|---|---|
| State: | Iowa |
| Level of Government: | State & Local |
| Category: |
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| Opps ID: | NBD14719350899170984 |
| Posted Date: | Feb 8, 2024 |
| Due Date: | Feb 12, 2024 |
| Solicitation No: | RFB FY2024 #494 |
| Source: | Members Only |
Bid Information
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Contact Information
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Attachment Preview
Standard Bid Terms and Conditions
-INFORMAL-
Informal - means a limited solicitation type of procurement where a sufficient number of responses from
qualified bidders are obtained and the aggregate amount of the purchase is less than $50,000.
The entire contents of this bid opportunity shall become a part of an award; either by contract or purchase
order. In case of a discrepancy between the contents of the bid documents, the following items listed by
descending order shall prevail:
• Addendums to the solicitation
• Solicitation-
• Responses to Responder
Questions
• Line item or package pricing
• Specifications
• Plans and Drawings
• Supplemental Terms and Conditions
• Standard Terms and Conditions
(Example - if there is a statement in the Specifications that contradicts a statement in the Standard
Terms and Conditions, the statement in the Specifications shall apply)
Bid Response: All responses must address all aspects of the bid.
Responses must be submitted prior to the due date and time indicated in the bid opportunity or
other specified areas throughout the solicitation. The bidder’s signature certifies they have read,
understood and can meet the requirements. The bidder’s electronic or hard copy shall become the
official response to be considered for award.
Revisions: Bidders who submit responses in advance of the bid opening date may withdraw, modify, and
resubmit their response at any time prior to the bid opening date and time. Bidders must notify the
purchasing agent in writing if they wish to withdraw their Bid Response. A Bidder shall not withdraw its Bid
Response or its prices prior to the end of the one hundred and eighty (180) day period immediately
following the “Recommendation of Award”.
A. Bid Opportunity
1. Opening: The opening of bid responses will be made public on the Ion Wave website unless
otherwise specified. Bid responses received after the time of the opening will be returned to the
bidder and considered non-compliant.
2. Communications: Questions concerning this b i d should be directed to the purchasing
agent listed in the bid opportunity. Inquiries shall be submitted within the Ion Wave system.
Written, phoned, or faxed bids can be accepted if bidder does not have the means to submit
electronically. Bidders shall contact the agent assigned to the bid opportunity. In all cases, written
communication will take precedence over verbal communication.
3. Pricing and Discount: Unit prices shall be provided for each line of the bid as defined. If there
is a discrepancy between the unit prices, extended price, or total amount of response, the unit
prices shall prevail. Unless otherwise indicated, prices shall be firm for the duration of the contract
or purchase order. Discounts for early payment are allowed, but not considered in award of the
contract.
STD TERMS INF rev 06-25-20
Page 1
4. Acceptance/Rejection: The Iowa DOT reserves the right to accept or reject any or all bids and to
waive irregularities o r technicalities, provided such waiver does not substantially change the offer or
provide a competitive advantage to any other bidder(s). Any unauthorized changes, additions, or
conditions including any ties to another bid opportunity or any reservations about accepting an
award or entering into a contract, may result in rejection of the bid. Bid prices must remain
available for award for thirty (30) days from the bid due date.
5. Bid Results: Bid results will be made available to bidders online within the Ion Wave
system or by email or standard mail. Responses will be placed in the public domain and
will be open to inspection by interested parties, according to state law. Trade secrets or
proprietary information that are recognized as such and are protected by law may be withheld if
clearly identified.
6. Quality of Offered Goods: All material shall be new and of first quality. Items which are used,
demonstrators, refurbished, obsolete, seconds, or which have been discontinued are unacceptable
without prior written approval by the Iowa DOT.
7. Recycled Content: The Iowa Code encourages purchase of products and materials with
recycled content, including but not limited to paper products, oils, plastic products, compost
materials, aggregate, solvents, and rubber products. Recycled items or alternatives must be
noted in the bid response, if known.
8. Shipping Terms: Deliveries shall be F.O.B. Destination unless otherwise specified. All deliveries
shall be accompanied by a packing slip indicating the Supplier, quantities shipped, and the
purchase order number(s). All delivery charges shall be included in the bid price and paid by the
Supplier. No collect C.O.D. deliveries shall be accepted. When entering into a contract, the Supplier
shall notify the freight company that all freight and delivery charges are to be prepaid by the
Supplier. Goods delivered to the Iowa DOT Distribution Center at 931 S. 4th Street, Ames, IA shall
be received between the hours of 7:00 a.m. and 3:00 p.m. on any day except Saturday,
Sunday, or a holiday. For deliveries to other Iowa DOT locations, the Supplier may contact the
destination location for available times to deliver as not all Iowa DOT locations have the same
business hours. The Iowa DOT will not be liable for any freight claims or unpaid freight bills
arising from contract or purchase order issues.
B. Award
The binding agreement (award) may be issued in the form a purchase order or contract or
both depending on the requirements and complexity of the agreement.
1. Method of Award: Award shall be made to the lowest responsible, responsive bidder whose
response meets the requirements of the solicitation and is the most advantageous to the
department. An Iowa bidder will be given preference over an out-of-state bidder when responses
are equal in all aspects and are tied in price. By virtue of statutory authority preference will be
given to products and provisions grown and coal produced within the State of Iowa.
2. Contracts: Successfully awarded b i d d e r s ( C ontractor(s)) may be sent a formal c ontract or
Purchase Order as confirmation of acceptance and award. Both are considered as binding
agreements and shall be for the term stated in the solicitation. Contracts may be renewed for
additional period(s) under the same terms and conditions upon mutual agreement. The
successful responder s h a l l not assign a contract to another party without written
authorization from the Iowa DOT Purchasing Section. The Iowa DOT may offer a contract
extension to the successful bidder when a scheduled target date cannot be met.
Non-Exclusive Rights. Contracts are not exclusive. The Iowa DOT reserves the right to select
other contractors to provide services similar or identical to the Scope of Services described in a
contract during its term.
3. Consumer Price Index (CPI-U): A CPI may be allowed as specified in the terms of the
solicitation and at the discretion of the Iowa DOT based on currently posted CPI-U, US City
Average, All Items – non seasonally adjusted (NSA) unless otherwise specified. This applies
each of any subsequent renewals, extensions, amendments issued under the contract for the
duration of the contract.
STD TERMS INF rev 06-25-20
Page 2
4. Service Animals: Any contract or purchase order awarded to a bidder that employs persons that
utilize service animals shall certify the following:
1. The service animal has had all legally required shots and immunizations, including, but not
limited to, rabies vaccinations and necessary boosters;
2. The service animal has not ever bitten or otherwise attacked any individual. The animal is not
aggressive towards others, and has not shown any aggressive tendencies towards others;
3. The service animal will be leashed or otherwise restrained at all times while present on Iowa
DOT owned property;
4. The insurance coverage shall include coverage for service animal bites or other injuries caused
by such animals;
5. Indemnification provisions shall hold the Iowa DOT harmless against any claims arising out of
or relating in any way to service animal bites or other injuries caused by animals.
5. Payment Terms: The Iowa DOT typically pays properly submitted vendor invoices within thirty
(30) days of receipt, providing goods and/or services have been successfully delivered, installed
or inspected (if required), and accepted. Invoices presented for payment must be only for quantities
received by the Iowa DOT and must reference the purchase order number or contract to be
submitted for processing.
6. Default (Supplier): Failure of the Supplier to adhere to specified delivery schedules or to
promptly replace rejected materials shall render the Supplier liable for all costs in excess of the
Response price when alternate procurement is necessary. This shall not be the exclusive remedy
and the Iowa DOT reserves the right to pursue other remedies available to it by law or under
the terms of the binding agreement.
7. Default (Contractor): Failure of a Contractor other than a Supplier to meet any specified project
completion deadline shall render the Contractor liable for all costs incurred by the Iowa DOT that
were: a) necessary to meet said deadline; or b) necessary to complete said project after said
deadline. This shall not be the exclusive remedy and the Iowa DOT reserves the right to pursue
other remedies available to it by law or under the terms of the agreement.
C. General
1. Administrative Rules: For additional details on the rules governing the action of the Iowa DOT
Purchasing Section, refer to 761IAC, Chapter 20, Iowa Administrative Code, entitled “Procurement of
Equipment, Materials, Supplies and Services”.
2. Affirmative Action: The successful bidder (including subcontractors, vendors, service providers or
suppliers) is prohibited from engaging in discriminatory employment practices forbidden by federal
and state law, executive orders and rules of the Iowa Department of Management, pertaining to
equal employment opportunity and affirmative action. S u c c e s s f u l b i d d e r s may be required
to have a copy of their affirmative action program on file, containing goal and time specifications.
Contractors doing business with Iowa in excess of $5,000 annually and employing 50 or more full
time employees may be required to file with the Iowa Department of Management a copy of their
affirmative action plan. Failure to fulfill these non-discrimination requirements may cause the
contract to be canceled and the contractor declared ineligible for future state contracts or subject
to other sanctions as provided by law or rule.
3. Applicable Law: The contract shall be governed under the laws of the State of Iowa.
S u c c e s s f u l b i d d e r s shall at all times comply with and observe all federal and state laws,
local laws, ordinances, and regulations which are in effect during the period of a contract and
which in any manner affect the work or its conduct. Any legal action relating to a contract shall
only be commenced in the Story County, Iowa, District Court or the United States District Court
for the Southern District of Iowa.
4. Codes, Laws and Regulations (Construction) The laws of the State of Iowa in relation to
and pertaining to public improvements must apply to these projects. All construction, materials
and methods must comply with the State and Local Building Codes and with Local Ordinances,
except where plans and specifications establish a higher standard.
5. Conflict of Interest: No state or county official or employee, elective or appointive shall be
directly or indirectly interested in any contract issued by the Iowa DOT, see Code of Iowa 314.2.
6. Debarment and Vendor Suspension: By submitting a response, bidders certifying that
it and its principals and/or subcontractors are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by the State of
Iowa or any Federal department or agency.
STD TERMS INF rev 06-25-20
Page 3
7. Equal Opportunity: Bidders must be an “Equal Opportunity Employer” as defined in the Civil
Rights Act of 1964 and in Iowa Executive Order Number Thirty-four.
8. Indemnification-Goods: To the extent the goods are not manufactured in accordance with Iowa
DOT’s designs, bidders shall defend, indemnify and hold harmless Iowa DOT, its assignees, and
other users of the goods from and against any claim of infringement of any letters patent, trade
names, trademarks, copyright or trade secrets by reason of sale or use of any articles purchased.
Iowa DOT shall promptly notify successful bidder of any such claim.
9. Indemnification‐Services: The bidder or service provider shall defend, indemnify and hold harmless
Iowa DOT, the State of Iowa, its employees, agents and officials, from and against all claims of any
kind arising out of or relating in any way to the services provided to Iowa DOT by said bidder or
service provider. Iowa DOT shall promptly notify successful bidder or service provider of any such
claim.
10. Infringement: Goods shall be delivered free of the rightful claim of any third party by way of
infringement. Successful bidder shall indemnify and save harmless the State of Iowa and the Iowa
DOT against all claims for infringement of, and/or royalties claimed under, patents or copyrights
on materials and equipment furnished under this solicitation.
11. Iowa Open Records Law: All bid responses are subject to terms and provisions of Iowa
Code Chapter 22 Examination of Public Records (Open Records), specifically 22.7- Confidential
Records.
12. Records Audit: The Successful bidder agrees that the Auditor of the State of Iowa or any
authorized representative of the state, and where federal funds are involved, the Comptroller
General of the U.S. Government, shall have access to and the right to examine, audit, excerpt,
and transcribe any directly pertinent books, documents, papers, and records of the contractor
relating to orders, invoices, or payments of a contract or purchase order.
13. Targeted Small Businesses: The Iowa DOT seeks to provide opportunities for women and/or
minority small business enterprises. To apply for certification as an Iowa Targeted Small Business,
contact the Iowa Department of Inspection and Appeals (515-281-5796). Bidders and service
providers shall take documented steps to encourage participation from Targeted Small Businesses
for the purpose of subcontracting and supplying of goods or services or both.
14. Taxes: Prices quoted shall not include state or federal taxes from which the state is exempt.
Exemption certificates will be furnished upon request.
15. Termination:
• Termination Due to Lack of Funds or Change in Law
The Iowa DOT shall have the right to terminate a contract or purchase order
(“Agreement”) without penalty by giving thirty (30) days written notice to the vendor as
a result of any of the following:
• Adequate funds are not appropriated or granted to allow the Iowa DOT to operate as
required and to fulfill its obligations under contract.
• Funds are de-appropriated or not allocated or if funds needed by the Iowa DOT, at the
Iowa DOT’s sole discretion, are insufficient for any reason.
• The Iowa DOT’s authorization to operate is withdrawn or there is a material alteration
in the programs administered by the Iowa DOT.
• The Iowa DOT’s duties are substantially modified.
Following a 30-day written notice, the Iowa DOT may terminate an Agreement in whole or in part
without the payment of any penalty or incurring any further obligation to the Supplier. Following
termination upon notice, the Supplier shall be entitled to compensation upon submission of invoices
and proper proof of claim for goods and services under a n A g r e e m e n t up to and including the
date of termination.
16. Contractor(s) Insurance Requirements: When insurance requirements are in effect, the resulting
Contract will require the successful Contractor to maintain insurance coverage(s) of
the type and in the amounts set forth below.
• It shall be the Contractor’s responsibility to have liability insurance covering all of the
project operations incident to contract completion and the Contractor(s) must have on
file with the Contracting Authority a current “Certificate of Insurance” prior to award of
contract. The certificate shall identify the insurance company firm name and address,
contractor firm name, policy period, type of policy, limits of coverage, and scope of
work covered (single contract or statewide).
STD TERMS INF rev 06-25-20
Page 4
This requirement shall apply with equal force, whether the work is performed by
persons employed directly by the Contractor(s) including a subcontractor, persons
employed by a subcontractor(s), or by an independent contractor(s).
• In addition to the above, the Contracting Authority shall be included as an
insured party, or a separate owner’s protective policy shall be filed showing the
Contracting Authority as an insured party.
• The liability insurance shall be written by an insurance company (or companies)
qualified to do business in Iowa. For independent contractors engaged solely in the
transportation of materials, the minimum coverage provided by such insurance shall
be not less than that required by Chapter 325A, Code of Iowa, for such truck operators
or contract carriers as defined therein. For all other contractors, subcontractors,
independent contractors, and the Contracting Authority, the minimum coverage by
such insurance shall be as follows:
• Commercial General Liability including Contractual Liability;
• Contingent Liability; Explosion, Collapse and Underground Drainage (as
applicable)
• Damage; Occurrence Basis Bodily Injury: Broad Form Personal Injury;
Broad Form Property Damage.
Bodily Injury
The contractor will purchase and maintain throughout the term of this contract the following minimum
limits and coverage:
• Each person
• Each accident/occurrence
• Workers Compensation
• Statutory Limits
• Employer’s liability
• Pollution liability (as applicable)
• Occupation Disease
Operations
• Property Damage
$750,000
$750,000
$750,000
$750,000
$750,000
$750,000
$250,000 each occurrence
The Contractor(s) shall require all subcontractor(s) meet the above insurance requirements.
The Certificate of Insurance must include the following;
• Iowa Department of Transportation must be listed as an additional insured
• Bid Number
• Bid Description
• Bid opening date and contract period
For independent contractors engaged solely in the transportation of materials, the minimum
insurance coverage provided shall be not less than that required by Chapter 325A, Code of
Iowa, for such truck operators or contract carriers as defined therein.
STD TERMS INF rev 06-25-20
Page 5
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