CONFIRMATION FORM SUPPLIER ACKNOWLEDGES RECEIVING THE FOLLOWING PROJECT DOCUMENT: INVITATION TO BID NO

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1 CONFIRMATION FORM PURCHASING & CONTRACTS CONFIRMATION FORM FOR INVITATION TO BID NO RTC BUS STOP SIGN PROCUREMENT PURCHASING REPRESENTATIVE: LATOYA MCGEE-WILLIS If you are interested in this project, complete and this confirmation form to the address provided at the bottom of this page. Failure to submit a confirmation form signifies that you are not interested in this project and do not want any associated addenda information or other project notifications ed to you. SUPPLIER ACKNOWLEDGES RECEIVING THE FOLLOWING PROJECT DOCUMENT: INVITATION TO BID NO RTC BUS STOP SIGN PROCUREMENT SUPPLIER MUST COMPLETE THE FOLLOWING INFORMATION: Company Name: Company Address: City / State / Zip: Contact Name / Title: Area Code/Telephone Number: Area Code/Fax Number: Address: THE COMPLETED CONFIRMATION FORM TO: mcgee-willisl@rtcsnv.com 1

2 REGIONAL TRANSPORTATION COMMISSION OF SOUTHERN NEVADA INVITATION TO BID NO RTC BUS STOP SIGN PROCUREMENT APRIL 02, 2015

3 Table of Contents CONFIRMATION FORM... 1 PROJECT SUMMARY... 4 SCHEDULE OF EVENTS... 4 INSTRUCTION TO BIDDERS... 5 GENERAL CONDITIONS SPECIAL CONDITIONS BID PROPOSAL EXHIBIT A - BID SUBMITTAL LABELING INSTRUCTIONS EXHIBIT B SCOPE OF WORK / SPECIFICATIONS EXHIBIT C- INSURANCE REQUIREMENTS

4 PROJECT SUMMARY INVITATION TO BID (ITB) BID NO RTC BUS STOP SIGN PROCUREMENT SCOPE: In accordance with the attached terms, conditions, and specifications, it is the intent of this formal Invitation to Bid (ITB) is to receive Bid Proposals from qualified Bidders for RTC Bus Stop Sign Procurement. The project is to procure a base order of 4,000 bus stop signs, with two (2) options to purchase up to 500 additional signs each with an option period expiration date of June 30, 2017, for rebranding and complete replacement of all current RTC bus stop signage. FEDERAL FUNDS: This project is not funded in whole or in part by federal funds. BID DOCUMENTS: Visit the RTC website at to locate the project number in the list of current solicitations. PRE-BID CONFERENCE: The conference will be held on the date, time, and location specified in the Schedule of Events. BID OPENING: Bids will be accepted at the Regional Transportation Commission of Southern Nevada (RTC), 600 South Grand Central Parkway, 1 st Floor receptionist Las Vegas, Nevada on or before the submission deadline specified in the Schedule of Events. Bids must be Time-Stamped by the RTC receptionist. DESIGNATED CONTACTS: The designated RTC Purchasing Representative for questions pertaining to this ITB is LaToya McGee-Willis, Purchasing and Contracts Analyst, (702) , mcgee-willisl@rtcsnv.com. SCHEDULE OF EVENTS EVENT DATE* Invitation to Bid Issued: Tuesday, April Pre-Bid Conference: Tuesday, April at 2:00 P.M. RTC Administration Building, 600 S. Grand Central Parkway, Room 127 Las Vegas, NV Last day for submitting written questions on this Bid (via ): Wednesday, April by 5:00 P.M. Bid Submission Deadline: Thursday, April by 3:00 P.M. Bid Opening 4 Thursday, April at 3:01 P.M.

5 RTC Administration Building, 600 S. Grand Central Parkway, Room 210 Las Vegas, NV * The RTC reserves the right to modify the above dates by addendum or other written notice to the parties. INVITATION TO BID PUBLISHED Las Vegas Review Journal Tuesday, April 7, 2015 INSTRUCTION TO BIDDERS IB.1 IB.2 INCLUSION OF INVITATION TO BID The Invitation to Bid (ITB), as advertised, will be considered an inclusion of the specifications and conditions. TERMS Addendum/Addenda: A written instrument issued by RTC Purchasing prior to the submission of Bids which modifies or clarifies the Bid Documents by addition, deletion, clarification, correction or other. Bidder: An individual or firm that submits a bid in response to this Invitation to Bid. Bid: A complete and properly signed offer to do the work or produce, provide and/or install the product(s) for the amount(s) set forth in the Bid Proposal that is submitted in accordance with the Invitation to Bid. Bid Document: Includes, but is not limited to, the Invitation to Bid, Instructions to Bidders, General Conditions, Special Conditions, Contract Requirements and Forms, Bid Proposal Forms/Attachments, Exhibits, Specifications, Drawings, and any addenda issued prior to the date designated for the receipt of Bids. Business Days: The RTC business days are Monday thru Thursday from 7:00 A.M. until 6:00 P.M. Contract: The Bid Document, all addenda, the successful Bidder s bid, any insurance and/or bonds as applicable and the Notice of Award constitute the Contract. Governing Body: Regional Transportation Commission of Southern Nevada. Prospective Bidder: Refers to any person who takes one or more of the following actions: (1) receives the ITB by direct mail; (2) attends the pre-bid conference and registers as an attendee; or, (3) registers with the RTC as a Prospective Bidder. RTC: The General Manager of the Regional Transportation Commission of Southern 5

6 Nevada or approved designee. Successful Bidder or Company: The individual or firm who submits the lowest, responsive and responsible bid in response to this Invitation to Bid. Supplier: The individual or Company who is awarded the bid. IB.3 IB.4 IB.5 SCOPE The RTC is a political subdivision of the State of Nevada, and funded in part by grants from the Federal Transit Administration (FTA) of the United States Department of Transportation. The RTC purchasing procedures are governed by the Nevada statutes and by various Federal statutes and regulations. These require, among other things, that purchases be made according to approved plans and specifications, which become a part of the contract between the RTC and a Successful Bidder to this Invitation to Bid. PREPARATION OF FORMS Bid Proposals will be submitted on the forms provided by RTC. All figures must be written in ink or typewritten. Figures written in pencil or containing erasures are not acceptable. However, mistakes may be crossed out and corrections inserted adjacent thereto and initialed in ink by the authorized person signing the Bid Proposal. If there are discrepancies between unit prices bid and the extended total, the unit price will prevail. SUBMISSION OF BIDS Sealed Bids including one original unbound hard copy of the Bid Proposal, one hard copy of requested attachments (unless otherwise specified), and a flash drive which contains pdf files of the bid proposal and attachments must be received by the RTC at its office specified in the Invitation to Bid, Bid Opening, directed to the Purchasing Representative specified, no later than the date and time specified in the Schedule of Events, Bid Submission Deadline. The Bidder s submission will be time-stamped upon receipt. Bids time-stamped 3:01 p.m. or later will not be accepted and will be returned unopened to the Bidder(s). Regardless of method used for delivery, Bidder will be wholly responsible for the timely delivery and correct submission of its bid(s). Faxed and/or ed bids are not allowed and will not be considered. Bidders and other interested parties are invited to attend the public bid opening. Bidders must follow the bid labeling instructions specified in attached Exhibit A. No responsibility will attach to the RTC or any official or employee thereof, for the preopening of, post-opening of, or the failure to open, a Bid Proposal not properly addressed, identified and/or submitted. Bidders are requested to LaToya McGee-Willis, mcgee-willisl@rtcsnv.com, of their intent to bid and their telephone number, at least 24 hours in advance of the bid opening date and time. IB.6 ADDENDA AND INTERPRETATIONS 6

7 Any requests for addenda, clarification or modification of the ITB are to be submitted in writing. Any such requests should be received by the RTC Purchasing, in writing, by close of business, on the day specified in the Schedule of Events as the deadline for submitting written questions. Any question received after that date has no guarantee of review. All requests must be accompanied by all relevant clarification, amendment or addendum to this ITB. The RTC reserves the right, upon the request of a Prospective Bidder or upon its own initiative, to issue addenda to this ITB. In any such case, a written addendum will be posted on the website on the Solicitation Calendar, or instructions will be posted on the same website on how to obtain the Addendum. Any such changes to the ITB will be made via addenda. The Bidder shall be responsible to verify the number of addenda issued by the RTC on that website before the bid due date and time to ascertain it has received all the addenda issued on the solicitation. The RTC is not bound by any oral interpretations, clarifications, or changes made in the written specifications by the RTC s employees. Any clarification or change to the ITB must be provided to Bidders in written addendum form from RTC Purchasing. Bidders shall take no advantage of any apparent error or omission in the Bid Document. In the event a Bidder discovers such an error or omission, they shall immediately notify the RTC. The RTC will then make such corrections and interpretations as may be deemed necessary for the fulfilling the intent of the Bid Document through the issuance of an addendum. RTC Purchasing will make a determination and provide a response to each request made by a Bidder pursuant to this procedure. The written response will be mailed or otherwise furnished to all Prospective Bidders. IB.7 IB.8 IB.9 COST OF BID Any costs incurred by Bidders responding to this Invitation for Bid in anticipation of receiving a contract award will not be reimbursed by the RTC. BID WITHDRAWAL The RTC reserves the right in its discretion to withdraw or cancel this Invitation to Bid, in whole or part, at any time without prior notice, and makes no representations that any contract will be awarded to any Bidder responding to this Invitation to Bid. The RTC expressly reserves the right to postpone Bid opening for its own convenience, to waive any informality or irregularity in the Bids received, to accept or reject any and all Bids responding to this Invitation to Bid without indicating any reasons for such rejection or refuse to enter into any contract resulting from any bid submitted, without expense to the RTC. CONTACT WITH RTC DURING BIDDING PROCESS Communications in connection with this ITB shall be in writing and shall be delivered personally, by facsimile, , air express, or by regular, registered, overnight or 7

8 certified mail addressed to the person named in the ITB, Purchasing Representative. Failure of a Bidder or any of its representatives to comply with this paragraph may result in its bid being rejected. IB.10 IB.11 IB.12 IB.13 IB.14 PRICE STABILITY It is agreed that all prices bid shall be good for a minimum of 60 calendar days from the date of the bid opening to allow the RTC to evaluate and consider award, unless mutually agreed to and extended by both parties in writing. ACCEPTANCE OF BIDS Each Bid shall be submitted with the understanding that it constitutes an offer to produce and deliver the parts and services specified in this ITB at the price bid for the term of the contract, or annually if an annual requirements contract. The item(s) bid shall include all labor, materials, tools, equipment and other costs necessary to fully complete the manufacturing and procurement pursuant to the bid terms, conditions and specifications. It is the intention of these specifications to provide and require complete manufacturing as prescribed herein. Any items omitted from the specifications which are clearly necessary for such manufacturing shall be considered a portion of such manufacturing although not directly specified or called for in these specifications. No advantage shall be taken of the omission of any part or detail which goes to make the manufacturing complete and ready for service. SUBCONTRACTING If subcontractors are necessary to complete any functions of this requirement, the Bidder must list the names and business locations of any proposed subcontractors, with their submitted Bid Proposal. The RTC retains the right to review and approve any subcontractors proposed by the Supplier. Any approval of the subcontractors shall not be construed as making the RTC party of such contract, giving the subcontractor privity of contract with RTC, or subjecting RTC to liability of any kind to any subcontractors. TERMS OF PAYMENT For purposes of bid evaluation, terms of payment as listed on the Bid Proposal page shall be defined as the amount of discount offered by the Bidder to the RTC if payment is made within a specified time frame. The RTC is unable to guarantee payment in less than 30 calendar days, therefore, terms of payment cash discount for less than 30 calendar days will be considered net 30 days in the bid evaluation. An offer on the Bid of less than 30 calendar days net payment will cause the Bid to be rejected. If no discount is or alternative payment terms are offered, RTC will assume net 30 days payment terms. Bidder understands and agrees that net thirty (30) days in this case means that the check is cut at the RTC the first business day after thirty (30) calendar days after the invoice date, and additional days must be allowed for mailing. BRAND NAMES OR EQUAL Whenever, in this ITB, any particular materials, process and/or equipment are indicated or specified by patent, proprietary or brand name, or by name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the 8

9 material, process and/or equipment desired and will be deemed to be followed by the words, or equal. Proof satisfactory to RTC must be provided by Bidder to show that the alternative product is, in fact, equal to the product required in the specifications. IB.15 IB.16 EXCEPTIONS TO BID TERMS AND CONDITIONS The Bidder will list on a separate sheet of paper any exceptions to the conditions (other than variances of the technical specifications) of this bid. This sheet will be labeled, Exceptions to Bid Terms and Conditions and will be attached to the Bid Proposal. If no exceptions are stated, it will be understood that all ITB, General Conditions and any Special Conditions will be complied with, without exception. ANY EXCEPTIONS MAY BE CONSIDERED MATERIAL AND BE CAUSE FOR REJECTION. WITHDRAWAL OF BID Bidders may request withdrawal of a posted, sealed bid prior to the scheduled bid opening time, provided the request for withdrawal is submitted to the Purchasing Representative in writing, or a bid release form has been properly filled out and submitted to the RTC reception desk. Withdrawn bids must be re-submitted and timestamped in accordance with this bid document in order to be accepted. All responsive and responsible bids received are considered firm offers for a period of 60 calendar days after the date of the bid opening. The Bidder s offer will expire after 60 calendar days unless the offer is further extended in writing by the Bidder. If a Bidder intended for award requests that its bid be withdrawn, it must withdraw its bid in writing, and that Bidder may be deemed non-responsible if responding to future invitations to bid or may be required to forfeit its bid bond (if applicable). IB.17 IB.18 REJECTION OF BID RTC reserves the right to reject any and all bids received by reason of this ITB, for any reason, which includes no reason at all. DISQUALIFICATION OF BIDDERS Bidders may be disqualified and proposals may be rejected for any of (but not limited to) the following causes: a. Failure to use the Bid Proposal form furnished by the RTC. b. Lack of signature by an authorized representative on the Bid Proposal Form. c. Failure to properly complete the Bid Proposal. d. Evidence of collusion among Bidders. e. Unauthorized alteration of Bid Proposal Form. RTC reserves the right to waive any minor informality or irregularity. IB.19 ANTI-LOBBYING CLAUSE No person (or entity) submitting a bid in response to the ITB, nor officer, employee, 9

10 representative, agent, or consultant representing such a person (or entity) shall contact through any means or engage in any discussion concerning the award of the contract with any member of the Regional Transportation Commission or his or her personal staff during the period beginning on the date of bid submissions and ending on the date of selection of the Company. Any such contact would be grounds for the disqualification of the bidder. During the period beginning on the date of issuance of the ITB and ending on the date of award to the Company, any contact with the RTC staff by a bidder should be limited to the written clarification and addenda process described herein, the Pre-bid Conference and site visits (when applicable). Bidders are not precluded prior to the Pre-Bid Conference, from raising questions or points of clarification verbally with the Purchasing Representative, but any verbal responses received are not binding on the RTC and do not operate to clarify or change the ITB. As specified herein, any such clarification or changes must be by written addenda issued by RTC Purchasing. IB.20 TIE-BIDS A Tie-Bid is defined as an instance where bids are received from two or more Bidders who are the low Bidders, and their offers are identical. This does not often occur because the bids must be identical in all evaluation areas; e.g., price, quality, delivery, terms, and ability to supply. If any of these areas are not identical, the bids are not considered to be tied, and the RTC can justify awarding to the Bidder with the lowest responsive and responsible Bid. Should there be a Tie-Bid, the Regional Transportation Commission reserves the right to conduct a public drawing after the bid opening has been completed. The procedure for Tie-Bids is to hold a public drawing and award the bid to the winner of the draw. When a drawing is necessary, the appropriate Purchasing Representative will contact the Bidders involved and describe the reason for the drawing. The Purchasing Representative will indicate the time and place of the drawing and invite the Bidders to attend, but specify that attendance is not mandatory for the drawing. The Purchasing Representative will ensure that another Purchasing Department or another RTC employee is present as a witness at the drawing. IB.21 COLLUSION AND ADVANCE DISCLOSURES Pursuant to NRS , evidence of agreement or collusion among Bidders and prospective Bidders acting to restrain freedom of competition by agreement to bid a fixed price, or otherwise, shall render the bids of such Bidders void. Advance disclosures of any information to any particular Bidder which gives that particular Bidder any advantage over any other interested Bidder, in advance of the opening bids, made or permitted by a member of the Governing Body or an employee or representative thereof, will operate to void all bids proposals of that particular bid solicitation or request. IB.22 DISADVANTAGED BUSINESS ENTERPRISES UTILIZATION 10

11 It is the policy of the RTC to remove barriers for Disadvantaged Business Enterprises (DBE) to compete and create a level playing field for DBE to participate in RTC contracts. DBE will be afforded full opportunity to submit bids in response to this ITB and will not be discriminated against on the grounds of race, color, age, disability, creed, sex, or national origin in consideration for an award. IB.23 IB.24 IB.25 IB.26 IB.27 IB.28 SUPPLIER DIVERSITY Minority Business Enterprises (MBE) and Woman owned Business Enterprises (WBE) will be afforded full opportunity to submit bids in response to this ITB and will not be discriminated against on the grounds of race, color, sex, age, sexual orientation, disability, religion, national origin, or any other protected status in consideration for an award. EMERGING SMALL BUSINESS The 2013 legislature amended Nevada Revised Statutes Chapter 231 to encourage the development of small businesses in the state and the participation of local emerging small business in certain contracts relating to purchasing and public works. The purpose of the regulation is to adopt a standard procedure for the certification of businesses as Local Emerging Small Businesses pursuant to Assembly Bill 294. An applicant seeking certification as a Local Emerging Small Business in the State of Nevada must submit a complete application to the Nevada Governor s Office of Economic Development via the following link: DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROVISIONS GENERAL REQUIREMENTS NOT USED SMALL BUSINESS ELEMENT (SBE) PROVISIONS NOT USED AFFIRMATIVE ACTION PROGRAM It is recommended that those Bidders who have not initiated an Affirmative Action Program give consideration toward pursuing such a Program. RTC PROTEST PROCEDURES Any Bidder may protest to the RTC the proposed award of a contract by the RTC Commission provided the Bidder complies with the procedure set forth below. The RTC Commission will not consider any appeal unless the Bidder complies with this procedure. A protest which is submitted by a party which is not a Bidder, or which is not in accordance with the procedures shall not be considered by the RTC, and will be returned to the submitting party without any further action by the RTC. Filing a Notice of Protest on a Bid A Bidder may file a notice of protest with the RTC if: 1. It submitted a bid on a contract that was required to be advertised pursuant to NRS 332 or NRS 338; and 11

12 2. The bids were opened; and 3. Within the period specified by the RTC, the Bidder filed a notice of protest regarding the awarding of the contract; 4. The Bidder believes the applicable provisions of law were violated. Notice of Protest Procedure A notice of protest must include a written statement setting forth with specificity the reasons the Bidder filing the notice believes the applicable provisions of law were violated. A Bidder filing a notice of protest is required by the RTC, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this State or submit other security, in a form approved by the RTC, to the RTC who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of: 1. Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or 2. Two Hundred Fifty Thousand Dollars Protests must be submitted in writing within three business days, excluding Friday, after the date the recommendation to award a contract is issued. Protests must be submitted to: Regional Transportation Commission, Attn: Manager, Purchasing & Contracts 600 South Grand Central Parkway, Suite 350 Las Vegas, Nevada All protests must be received at the appropriate RTC address listed above during normal office hours. Effect of Protests on Procurement Action A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the RTC on the protest. A Bidder who submits an unsuccessful bid may not seek any type of judicial intervention until the RTC has made a determination of the protest and awarded the project. The RTC is not liable for any costs, expenses, attorney s fees, loss of income or other damages sustained by a Bidder who submits a bid, whether or not the bidder files a notice of protest pursuant to this section. 12

13 13 Bid No If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the Bidder who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the RTC in an amount equal to the expenses incurred by the RTC because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the Bidder who posted the bond or submitted the security. Resolution of Protests Upon receipt of a notice of protest, the Purchasing and Contracts department will notify General Counsel, the General Manager, and the Assistant General Manager of the department requesting the ITB. Purchasing and Contracts will notify the protester in writing within two days after the receipt of the notice of protest that the protest is being considered. In the notification, Purchasing and Contracts will inform the protester of any additional information required for evaluation of the protest by the owner, and the protester will be given two days to provide the omitted or incomplete information, protest bond, or documentation in order for the protest to be further considered. If complete information is not received, RTC need not consider the protest any further. After receipt of a complete notice of protest and protest bond or other security, Purchasing and Contracts will review protest for validity and will work with the protester, and any other interested party to resolve. Absent resolution, staff will notify the General Manager, who will make a recommendation to the RTC commission of the appropriate disposition of such protest. The recommendation shall be made on the basis of the information provided by the protester and other parties, and the RTC s own investigation and analysis of what provisions of the law were violated. If the protest is upheld, the RTC will take appropriate action to correct the procurement process and protect the rights of the protester, including re-solicitation, revised evaluation of bids, RTC determination or termination of the contract. If the protest is denied, the RTC will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the contract. A protester adversely affected by a bid protest decision by the RTC Commission may appeal such decision to the Eighth Judicial District Court of Nevada. IB.29 EVALUATION OF BID AND METHOD OF AWARD This Bid will be evaluated by RTC staff evaluator(s) and/or the RTC governing body for responsiveness and responsibility and awarded to the lowest responsive and responsible Bidder on a total bid amount basis, contingent upon the submission of all requested documents after award within the timelines specified, unless an extension is approved by the RTC. If there is more than one line item to the bid, Bidders must bid on all items to be considered responsive. If an item is offered at no charge to the RTC, Bidder should enter 0 or NC or No Cost to signify if awarded, the item will be provided at no cost

14 to the RTC. The determination of the lowest responsive and responsible Bidder may involve all or some of the following factors: price, conformance to specifications, qualifications, past performance, performance or deliver date, quality and utility of services, supplies materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract, the best interests of the public, and such other criteria as may be set forth by the RTC in the advertisement or request for bids, as applicable, that pertains to the contract. In addition, in determining the responsibility of the bidder, the RTC shall consider the possession of and limit on any required license of the bidder; and, may consider the financial responsibility, experience, adequacy of the equipment, past performance, performance, or deliver date, and the ability of the bidder to perform the contract. All provisions and conditions contained herein shall become part of any subsequent contract, notice of award and/or purchase order that is awarded from this ITB. The RTC has the option to accept additional promotional specials, discounts and/or tradein allowances offered by the Successful Bidder during the term of the contract but these offers will not be part of the determination for award of this bid unless otherwise specified. In accordance with NRS , the RTC may re-award this contract if the Successful Bidder is found to be in breach of the contract. Re-awarding the contract by the RTC is not a waiver of any liability of the initial Bidder awarded the contract. IB.30 SOCIAL RESPONSIBILITY AND SUSTAINABILITY Social Responsibility and sustainability mean helping an organization bring down the negative impact of its functionality and bring up the positive impact of its functionality in the community, diversity, and the environment. In concert with the RTC s goal of social responsibility and sustainability, it asks that its supply chain also give consideration to committing to social responsibility. In the best interest of the public, Bidder is encouraged to document its level of commitment and efforts by specifying as an attachment to their bid, its formal direction and processes to fulfill sustainability commitments in the areas of community, diversity and inclusiveness, both supply base and workforce, environment, ethics and business conduct, financial responsibility, human rights, health and safety, and sustainability. IB.31 BIDDER S REPRESENTATION Each Bidder, by submitting a bid, represents that it has read and understands the bidding documents and that the bid is made in accordance therewith, and that it has visited the site if applicable and familiarized itself with the local conditions, laws and regulations under which the work is to be performed and have correlated this knowledge with the requirements of the bidding documents. IB.32 BID DOCUMENTS NECESSARY FOR SUBMITTAL 14

15 15 Bid No The Bid Form, all requested attachments, and the bid security (if required) shall be included in the envelope containing the bid. These documents, together, comprise a bid. Omission of, or failure to complete, any portion of the required documents at the time of bid opening may be cause to reject the entire bid. IB.33 ATTACHMENTS TO BID Bidder shall provide the requested attachments to its bid proposal which demonstrate its responsiveness and responsibility, which will be judged for responsiveness and responsibility during the bid evaluation. The RTC reserves the right to inspect the Bidder s facility(ies) and/or request additional information of the Bidder to determine responsibility in accordance with the criteria specified above. IB.34 ADDITIONAL BID SUBMITTALS Any additional agreements, terms, conditions, or exceptions to the bid requirements that are submitted with the Bidders Bid Proposal form may be considered substantial deviations from the bid requirements and be cause for rejection. IB.35 SUBSTITUTIONS Specifications are intended to show kind and qualities required and are not intended to be restrictive. Bidders may request approved equals (IB. 14) or substitutions in specifications as long as the proposed materials, processes or equipment is equal to, or exceeds the requirements stated in this document, without materially changing the technical specification. Bidders desiring to submit an approved equal or substitution request shall observe the following procedure: Submit to the Purchasing Representative within 10 days after award of the Contract a written request for the substitution accompanied by a complete description of the actual items being offered for consideration as an or equal substitution item, including manufacturer s brochures, pictures and/or dimensional drawings if available. Proof, satisfactory to RTC, must be provided by Bidder to show that the product is equal to, or exceeds the bid specifications in design and performance. Equivalent items may be subject to performance testing. Any approved substitutions will be issued through an addendum to all known planholders. IB.36 ALTERNATE BIDS Alternate bids are not acceptable and will be rejected by the RTC. Alternate bids are defined as bids that do not comply with the bid terms, conditions, and specifications. Bidders may submit more than one bid providing that all such bids comply with the bid terms, conditions and specifications. IB.40 ORGANIZATIONAL CONFLICT OF INTEREST STATEMENT Each entity that enters into a Contract with the Regional Transportation Commission of

16 Southern Nevada (RTC) is required, prior to entering into such Contract, to inform the RTC of any real or apparent Organizational Conflict of Interest (OCI). For each Contract which will be awarded by the RTC Commission, each Bidder must sign and submit with its bid an Organizational Conflict of Interest Statement certifying that it has no organizational conflict of interest with the RTC. This statement form is found on the RTC s Purchasing & Contracts website at The Bidder understands that this certification is one of the determinations of responsibility and by not submitting it, the Bidder may be found non-responsible. An OCI exists when a person or business entity has an unfair competitive advantage because of other activities or relationships with other persons. An OCI exists when any of the following circumstances arise: 1. Lack of Impartiality or Impaired Objectivity when the Company is unable, or potentially unable, to provide impartial and objective assistance or advice to the RTC due to other activities, relationships, contracts, or circumstances. 2. Unequal Access to Information The Company has an unfair competitive advantage through obtaining access to nonpublic information during the performance of an earlier contract. 3. Biased Ground Rules During the conduct of an earlier procurement, the Company has established the ground rules for a future procurement by developing the specifications, evaluation factors, or similar documents. By signing and submitting the statement, the Bidder warrants that, to the best of his/her/its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances, which could give rise to an OCI or if the successful Bidder on this project, the product of this contract will not give rise to a OCI on a future contract. The Bidder understands that, if after award, an OCI is discovered, an immediate and full disclosure in writing must be made to the RTC, which must include a description of the action, which the successful Company has taken to proposes to take to avoid or mitigate such conflicts. If an OCI is determined to exist, the RTC may, it its discretion, cancel the contract award. In the event the successful Company was aware of an OCI prior to the award of the contract and did not disclose the conflict to the Purchasing Representative, the RTC may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the Prime Company, and the terms Contract, Contractor, and Purchasing Representative modified approximately to preserve the RTC s rights. IB.37 DISCLOSURE OF OWNERSHIP/PRINCIPALS For each contract which will be awarded by the RTC Commission, the Bidder who will be recommended for award must complete and sign the Disclosure of 16

17 Ownership/Principals form. The purpose of the Disclosure of Ownership/Principals form is to gather ownership information pertaining to the business entity for use by the RTC Commissioners (RTC) in determining whether members of the RTC should exclude themselves from voting on agenda items where they have, or may be perceived as having a conflict of interest, and to determine compliance with Nevada Revised Statute 281A.430, contracts in which a public officer or employee has interest is prohibited. The Disclosure of Ownership/Principals form can be found on the RTC Purchasing & Contracts website at and must be completed and signed by the Bidder/Proposer who will be recommended for the award of the project, within 24 hours of the Purchasing Representative s request. The completed and signed form may be submitted with the bid or proposal. GENERAL CONDITIONS GC.1 GOVERNING ORDER OF DOCUMENTS The Bid Documents include various divisions, sections and conditions that are essential parts for the goods or services to be provided by the Company. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and/or provide for the good or service. In case of discrepancy or inconsistency, the following precedence will govern: A. Addenda B. Instructions to Bidders C. General Conditions D. Special Conditions E. Specifications/Scope of Work Amendments will take precedence over the above items. Changes to items in the General Conditions, Federal Requirements and Special Conditions as specified above requires the approval of legal counsel and the governing body or the General Manager, or approved designee, prior to the execution of the amendment. GC.2 PURCHASE ORDERS The Regional Transportation Commission will issue a Purchase Order, to encumber funds, to authorize the Successful Bidder, hereinafter referred to as Company, to deliver and invoice for the items offered. GC.3 INVOICES Invoices for bid items are to be sent to the Regional Transportation Commission, 600 S. Grand Central Pkwy., Suite 350, Las Vegas, Nevada, , Attn: Accounts Payable. Invoices are to be sent within 90 calendar days of the delivery of the product or completion of the work. Invoices for payment not submitted within this time period will not be considered for payment. Payment of invoices will be made within net 30 calendar days after receipt of an accurate invoice and supporting documentation that has been 17

18 18 Bid No reviewed and approved by the applicable department s authorized representative, unless the RTC elects to take a timely discount if offered by the Successful Bidder. The RTC shall mail payments to the Company based on, receipt by the RTC of the accurate invoice and supporting documentation. All invoices shall include the following information: A. Invoice Date B. Company Invoice Number C. Company Name D. Complete Address (including street, city, state, and zip code) E. Telephone Number F. Contact Person G. Itemized description of products delivered (including quantities) or services rendered (including dates) H. Company Tax Identification Number I. Purchase Order (PO) Number J. Bid Number K. Itemized pricing and total amount due, which is consistent with the unit(s) of measure and pricing in the Bid Proposal (excluding Sales and Use Tax) L. Percentage Discounts/ Payment Terms (if offered) The Company is responsible to insure that all invoices submitted for payment are in strict accordance with the price(s) offered on the Bid Form. If overcharges are found, the RTC may declare the Company in breach of the contract, terminate the contract, and designate the Company as non-responsible if responding to future invitations to bid. GC.4 CONTRACT AMENDMENTS Notwithstanding any provision herein to the contrary, and pursuant to NRS , and recognizing the constraints inherent in public bidding, the RTC reserves the right to request modification at any time to the scope, frequency, estimated quantities or the timing of the Company s obligations under this Contract, in whatever manner the RTC determines, in good faith, to be reasonably necessary and to be in the best interests of the public. Both parties agree that, should any modifications to the contract be made during the contract term, a written amendment detailing those elements shall be executed by the Company and the RTC. Oral change orders will not be permitted. No change in the Contract shall be made unless the RTC gives its prior written approval therefore. The Company shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Contract and signed by the RTC. Within seven calendar days after receipt of the written change order to modify the Contract, the Company shall submit to the RTC a detailed price and schedule proposal for the work to be performed or goods provided. This proposal shall be subject to negotiations between the Company and the RTC. After

19 19 Bid No the proposal is accepted by the Governing Body, a detailed modification shall be executed in writing by both parties. Disagreements that cannot be resolved within negotiations shall be resolved in accordance with the Contract disputes clause, herein. GC.5 TERMINATION FOR CONVENIENCE The RTC may terminate any contract awarded from this Invitation for Bid in whole, or in part, whenever the RTC shall determine that such termination is in the best interest of the RTC. Any such termination shall be effected by delivery to the Company of a notice of termination specifying the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. After receipt of a notice of termination, and except as otherwise directed by the RTC, the Company shall: 1. Stop work under said Contract on the date and to the extent specified in the notice of termination; 2. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work under said Contract as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; 4. Assign to the RTC in the manner, at the times, and to the extent directed by the RTC, all of the right, title, and interest of the Company under the orders and subcontracts so terminated, in which case the RTC shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 5. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts to the extent the RTC may require; 6. Transfer title to the RTC and deliver in the manner, at the times, and to the extent, if any, directed by the RTC the fabricated or unfabricated parts, work in process, or completed work, supplies, and other materials produced as a part of, or acquired in connection with their performance of, the work terminated, and the completed or partially completed plans, drawings, information and other property which, if said Contract had been completed, would have been required to be furnished to the RTC; 7. Use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s) directed or authorized by the RTC, any property of the types referred to above; provided, however, that the Company shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price(s) approved by the RTC, and provided further that the proceeds of any such transfer or disposition shall be applied in the reduction of any payments to be made by the RTC to the Company under said Contract or shall otherwise be credited to the price or cost of the work covered by said Contract or paid in such other manner as the RTC may direct; 8. Complete performance of such part of the work as shall not have been terminated by the notice of termination; 9. And take such action as may be necessary, or as the RTC may direct, for the

20 protection or preservation of the property related to said Contract which is in the possession of the Company and in which the RTC has or may acquire an interest. Settlement of claims by the Company or recoveries by the RTC under this termination for convenience clause shall be in accordance with the legal rights and liabilities of the parties to said contract. GC.6 TERMINATION BY MUTUAL AGREEMENT The Contract may be terminated by mutual agreement of the parties. Such termination shall be effective in accordance with a written agreement by the parties. Any other act of termination shall be in accordance with the termination by convenience or default provisions contained herein. GC.7 TERMINATION FOR DEFAULT The RTC may, by written notice of default to the Company, terminate the whole or any part of any Contract awarded from this Invitation for Bid if the Company fails to make delivery within the time specified herein or any extension thereof. The RTC may, by written notice of default to the Company, terminate the whole or any part of said Contract if the Company fails to perform any of the other provisions of said Contract or so fails to make progress as to endanger the performance of said Contract in accordance with its terms; and, in either of these two circumstances does not cure such failure within a period of ten calendar days (or such longer period as RTC may authorize in writing) after receipt of notice from RTC specifying such failure. If said Contract is terminated in whole or in part for default, the RTC may procure, upon such terms and in such manner as the RTC may deem appropriate similar to that so terminated. The Company shall be liable to the RTC for any excess costs for such similar procurement, and shall continue the performance of said Contract to the extent not terminated under the provisions of this clause. If, after notice of termination said Contract under the provisions of this clause, it is determined for any reason that the Company was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to termination for convenience of the RTC. The rights and remedies of the RTC provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. RTC reserves the right to cancel the Contract upon 30 calendar days written notice with good cause. GC.8 CONFLICT OF INTEREST No employee, officer, or agent of the RTC shall participate in the selection, or in the award or administration, of the Contract if a conflict of interest, real or apparent, would be involved. No member, officer, or employee of the RTC during his or her tenure or one 20

21 21 Bid No year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. Such a conflict would arise when one of the following has a financial or other interest in any firm proposing on or selected for the award: (1) The employee, or an officer or agent of the employee; (2) Any member of the employee s immediate family; (3) The employee s business partner; or (4) An organization which employs, or is about to employ, any of the above. The RTC's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from Company(s), Potential Company(s), Subcontractors, or other parties to sub-agreements whereby the intent could reasonably be inferred as influencing the employee in the performance of his or her duties or was intended as a reward for any official act on his or her part. GC.9 FEDERAL STATE AND LOCAL LAWS All Bidders will comply with all federal, state and local laws relative to conducting business and providing goods and/or services in Clark County including, but not limited to, licensing, labor, the Federal Occupational Health and Safety Act, and health laws, and including NRS through NRS , as amended, if applicable, and all state and federal laws prohibiting and/or relating to discrimination by reason of race, color, sex, age, sexual orientation, disability, religion or national origin. The laws of the State of Nevada will govern as to the interpretation, validity, and effect of this bid, its award, and any contract entered into. The goods and/or services shall comply with the (ADA) as amended to date. The Company shall provide the goods and/or services in compliance with the Americans with Disabilities Act and the rules and regulations promulgated there under and shall immediately notify the RTC of any conflicts between the Contract documents and the Act or the rules and regulations promulgated there under. GC.10 LACK OF FUNDS The entering into of the Contract by the RTC is subject to its receipt of local and Federal funds adequate to carry out the provisions of the Contract in full. The RTC may cancel or reduce the amount of service to be rendered if the RTC determines that such action is in the RTC s best interests, or that there will be a lack of funding available for the service. In such event, the RTC will endeavor to notify the Company in writing 30 calendar days in advance of the date such cancellation or reduction is to be effective. GC.11 ASSIGNMENT OF CONTRACTUAL RIGHTS It is agreed that the Company will not assign, transfer, convey or otherwise dispose of the Contract or its right, title or interest in or to the same, or any part thereof, without

22 previous written consent of RTC and any sureties. GC.12 WAIVER OF TERMS AND CONDITIONS The failure of the RTC or the Company to enforce one or more of the terms or conditions of the Contract or to exercise any of its rights or privileges, or the waiver by the RTC of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred. GC.13 INTERPRETATION, JURISDICTION, AND VENUE All contractual agreements shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of Nevada. The Company hereby consents and submits to the jurisdiction of the appropriate courts of Nevada or of the United States having jurisdiction in Nevada for adjudication of any suit or cause of action arising under or in connection with the Contract documents, or the performance of such Contract, and agrees that any such suit or cause of action may be brought in any such court. GC.14 DISCLAIMER OF LIABILITY The RTC will not hold harmless or indemnify the Company for any liability whatsoever. GC.15 INDEMNITY The Supplier agrees to protect, defend, indemnify and hold the RTC, its officers, employees and agents, free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character (hereinafter collectively "claims") in connection with or arising directly or indirectly out of the Contract or the performance hereof by the Supplier or any Subcontractor. Without limiting the generality of the foregoing, any and all such claims, relating to personal injury, infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or actual or alleged violation of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Company further agrees to investigate, handle, respond to, provide defense for, and defend any such claims, at its sole expense and agrees to bear all other costs and expenses related thereto, whether or not it is alleged or determined that the Company was negligent, and without regard to whether such claim is groundless, false, or fraudulent. GC.16 TAXES Pursuant to NRS , the RTC is exempt from State Retail Sales and Use Tax and Federal Excise Tax (Employee Identification Number ). The price bid must be net, exclusive of taxes. GC.17 COLLECTION AND PAYMENT OF SALES TAX 22

23 23 Bid No In accordance with NRS , any Company that sells tangible personal property to any commercial business in the State of Nevada is required to possess a Nevada Sales Tax Permit and shall collect and pay the taxes as defined in NRS Chapters 372 and 374. Permit information can be obtained by contacting the Nevada State Department of Taxation at (702) GC.18 EMPLOYMENT OF UNAUTHORIZED ALIENS In accordance with the Immigration Reform and Control Act of 1986, the Company shall not employ unauthorized aliens in the performance of this Contract. GC.19 PUBLIC RECORDS The RTC is a Public Agency as defined by State Law, and as such, is subject to the Nevada Public Records Law (Chapter 239 of the Nevada Revised Statutes). Under the law, all of the RTC s records are public records (unless otherwise declared by law to be confidential) and are subject to inspection and copying by any person. However, in accordance with NRS (2), a bid that requires negotiation or evaluation by the RTC may not be disclosed until the bid is recommended for award of a Contract. GC.20 USE BY OTHER GOVERNMENT ENTITIES Nevada Revised Statutes allows local governments to join or use the contacts of other local governments or the State of Nevada, with the authorization of the Company. GC.21 AUDITS a) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the RTC to be retained by the RTC for the period of time required herein. b) The RTC, or its designated representative(s), shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance this Contract during normal business hours. The RTC will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Clark County, the Company agrees to deliver them to the RTC, or to the address, designated by the RTC, within Clark County. In lieu of such delivery, the Company may elect to reimburse the RTC for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company s office. If the books and records provided to the RTC are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the RTC, and to reimburse the RTC for any additional costs associated therewith including, without limitation, having to revisit the Company s office. The Company s failure to remedy the deficiency shall constitute a material breach of this Contract. The RTC shall be entitled to its costs and reasonable attorney fees in

24 enforcing the provisions of this paragraph. c) If, at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the RTC or the RTC s designated representative(s) finds the dollar liability is less than payments made by the RTC to the Company, the Company agrees that the difference shall be either: (a) repaid immediately by the Company to the RTC or (b) at the RTC s option, credited against any future billings due the Company. GC.22 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. GC.23 ENTIRE AGREEMENT, SECTION AND PARAGRAPH HEADINGS a) This Contract represents the entire and integrated agreement between the RTC and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. GC.24 FLOWDOWN Company shall provide that its Contracts with its Subcontractor(s) shall provide that the Subcontractor(s) shall be bound to the Company in the same manner, and to the same extent, as the Company is bound to the RTC under this Bid. GC.25 DISPUTES For each claim or dispute arising between the parties under this Contract, the parties shall attempt to resolve the matter through escalating levels of management. In the event the matter cannot be successfully resolved in this manner, the RTC is granted the right, regardless of which party is asserting the claim or dispute, to determine between arbitration or litigation as the forum in which the party desiring to proceed further shall file to resolve the claim or dispute. For any and all claims or disputes asserted by the Company, the Company shall notify the RTC of its intent to proceed further with the claim or dispute, and in response thereto, the RTC shall notify the Company as to its selected forum for resolution. For any and all claims or disputes asserted by the RTC, the 24

25 RTC shall notify the Company in the notice of its intent to proceed with further resolution and in the same notice as to whether it has selected arbitration or litigation as the forum to resolve the claim or dispute. In the event arbitration is the designated forum, such arbitration shall be binding on the parties. If arbitration is selected by the RTC as the forum for further resolution, the claim or dispute shall be filed with the Nevada Arbitration Association or the American Arbitration Association under its then current Commercial Arbitration Rules, Expedited Procedures, regardless of the amount of the claim or dispute. The laws of the State of Nevada shall govern this Bid and the venue for purposes of such litigation or arbitration shall be in a competent jurisdiction in Clark County, Nevada. 25

26 SPECIAL CONDITIONS SC.1 SC.2 SCOPE OF WORK/SPECIFICATIONS The Company shall perform the work or supply the goods required of the Contract in compliance with the Scope of Work / Specifications set forth in attached Exhibit B, incorporated herein by this reference. CONTRACT TERM a. NOTICE OF AWARD/CONTRACT: Effective date of this Contract shall be the date of approval of the Bid award by the Governing Body. Work is to commence immediately upon the date of award by the Governing Body. Award of Contract will be by Notice of Award issued by the Regional Transportation Commission (RTC) which, together with the signed Bid Proposal, will be used as the Contract document. b. PERIOD OF PERFORMANCE: Commencing at Date of Award, the project is to procure a base order of 4,000 bus stop signs, with two (2) options to purchase up to 500 additional signs each, with an option period expiration date of June 30, SC.3 SC.4 RTC Project Manager The RTC designates Eric Traasdahl, Management Analyst, as the Project Manager for this Contract. The RTC will provide written notice to the Company, should there be a subsequent Project Manager change. The Project Manager will be the Company s principal point of contact at the RTC regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the RTC s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. The RTC agrees that its officers and employees and consultants will cooperate with Company in the performance of services under this Contract and will be available for consultation with Company at reasonable times with advance notice as to not conflict with other responsibilities. DELIVERY REQUIREMENTS a. INSPECTION OF WORK: All work (which term in this Section includes services performed, material furnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the RTC, to the extent practicable at all times and places during the term of the Contract. All inspections by the RTC shall be made in such a manner as to not unduly delay the work. The RTC shall have the right to enter the premises used by the Company for the purpose of inspecting and auditing all data and records which pertain to the Company s performance under the Contract. The RTC shall also have the right to enter the premises used by the Company for the purpose of inspecting 26

27 vehicles that are used to provide services under the Contract. Bid No If any work performed is not in conformity with the requirements of the Contract, the RTC shall have the right to require the Company to perform the work again in conformity with such requirements at no increase in the total Contract amount. When the work to be performed is of such a nature that the defect cannot be corrected by reperforming the work, the RTC shall have the right to (1) require the Company to immediately take all necessary steps to ensure future performance of the work in conformity with the requirements of the Contract, and (2) reduce the Contract price to reflect the reduced value of the work performed. In the event the Company fails promptly to perform the work again or take necessary steps to ensure future performance of the work in conformity with the requirements of the Contract, the RTC shall have the right, either by contract or otherwise, to have the work performed in conformity with the Contract requirements and charge to the Company any costs to the RTC that are directly related to the performance of such work, or terminate the Contract for default. b. LOCATION AND HOURS Delivery location is: Sunset Maintenance Facility (SMF) 5165 W. Sunset Rd., Las Vegas, NV Hours: 7:00 AM to 3:00 PM, Monday Friday c. FORCE MAJEURE: The Company shall not be liable for any failure to perform if acceptable evidence has been submitted to the RTC that failure to perform the Contract was due to causes beyond the control and without the fault or negligence of the Company. Example of such causes include acts of God, civil disturbances, fire, war, or floods, but does not include labor related incidents, such as strikes or work stoppages. d. FAILURE TO DELIVER: In the event that the Company fails to deliver the product and/or service in accordance with the terms and conditions of the contract, the RTC shall have the option to either terminate the Contract or temporarily procure the product and/or service from another Company. If the product and/or service is procured from another Company, the said Company shall pay to the RTC any difference between the bid price and the price paid to the other Company. SC.5 CONSUMPTION ESTIMATES Any quantities appearing in the Bid Proposals are approximate only and are prepared for the solicitation of bids. Payment to the Company will be made only for the actual quantities of items ordered or received, whichever is less, in accordance with the bid; and it is understood that the scheduled quantities of items to be furnished may be increased, decreased or omitted without, in any way, invalidating bid prices. SC.6 INSURANCE 27

28 The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the coverage(s) specified in Exhibit C and in strict accordance with the SAMPLE Goods & Services Insurance Certificate found on the RTC Purchasing & Contracts webpage at The Company shall be responsible to notify the RTC of any changes or cancelations of its insurance, or may be found in breach of the contract and the contract could be terminated. TO ENSURE COMPLIANCE WITH THE BID, THE COMPANY SHOULD FORWARD THE INSURANCE CLAUSE AND SAMPLE INSURANCE FORM AS SPECIFIED IN THE ATTACHED INSURANCE EXHIBIT TO THEIR INSURANCE AGENT PRIOR TO SUBMITTAL OF ITS BID PROPOSAL. All Bidders shall include the cost of the insurance coverages in their bid price(s). SC.7 SC.8 ASSUMPTION OF RISK OF LOSS The RTC shall assume risk of loss of the equipment upon acceptance. Prior to acceptance by the RTC, the Company shall have risk of loss, including any damages sustained during delivery. PRICE ADJUSTMENT REQUESTS Fixed Price: Increases will apply only to products and/or services affected by an increase in a raw material, labor, or another like cost factor and will be verified against the index specified below. One written price adjustment request will be accepted from the Company. The price adjustment request from the Company, including suitable proof, shall be submitted, at least 30 calendar days in advance of expiration of contract, in writing, to the Regional Transportation Commission, Purchasing & Contracts, Attn: Manager, Purchasing and Contracts, 600 South Grand Central Parkway, Suite 350, Las Vegas, Nevada Timing: Price increases shall not be retroactive. A price adjustment can only occur if the Company has been notified in writing of RTC s approval of the new adjusted price(s). The reference months/period and indexes to be used to determine price adjustments will be between 14 months prior (using the final index) and 2 months prior (using the firstpublished index to the commencement date of the new PAP, using the Price Index specified below. For example, if the new PAP starts July 1, 2009, then the time period used to determine the price adjustment is May 2008 to May Price Index to be used: Consumer Price Index: The following Consumer Price Index (CPI), issued by the U.S. Bureau of Labor Statistics ( will be used as the index for calculating price adjustments: Consumer Price Index for All Urban Consumers (CPI-U) West Region Price Adjustment Calculations: The pricing adjustment must be calculated as follows: Index at time of calculation, divided by index twelve months prior (as described in 28

29 Timing above), multiplied by current contract price, equals the adjusted new contract price. Discontinued Price Index: Should the above-referenced price index be discontinued or otherwise no longer be published by the publishing organization, a similar index may be mutually agreed to in writing by both parties. 29

30 RTC Bus Stop Sign Procurement Bid Proposal BID PROPOSAL Bid No RTC Bus Stop Sign Procurement The Bidder, in compliance with the Invitation to Bid for furnishing: Bid No , RTC BUS STOP SIGN PROCUREMENT, having examined the Invitation to Bid, and being familiar with all of the terms, conditions, and specifications, hereby offers to perform in accordance with the Invitation To Bid and this Bid Proposal Form. Ite m No Description Lot 1- Bus Stop Signage per layouts and specifications. Optional Lot 2- Bus Stop Signage per layouts and specifications. Optional Lot 3- Bus Stop Signage per layouts and specifications. BID SCHEDULE Unit of Measure Quantity Unit Cost EACH 4,000 $ $ EACH 500 $ $ EACH 500 $ $ Extended Cost $ TOTAL BID AMOUNT Note: Each Bid Item includes all costs, including, but not limited to, labor, materials, equipment, management, supervision, overheads, profits, and applicable taxes. TERMS OF PAYMENT: %,, net calendar days (minimum net 30 calendar days) (Example: 2%, 10, net 30 calendar days - If offering a 2% discount if paid in 10 days, or else all in 30 days. If Terms of Payment are not confirmed above, it means that Bidder is offering net 30 calendar days) $ Total Bid Price (Written) Name of Bidder Signature Date Name Typed or Printed 30

31 RTC Bus Stop Sign Procurement Bid Proposal ATTACHMENTS TO BID: The following attachments are requested to be provided with all bids to determine responsibility of the Bidder. Failure to provide the requested information may be considered material and be cause for rejection of the Bid. 1. One original Bid Proposal, requested attachments, and a flash drive which contains pdf files of the Bid Proposal and attachments as specified below. 2. Work Plan: Provide an explanation of the Proposer s work plan documenting Proposer s ability to perform the Scope of Work in Exhibit B. 3. Organizational Conflict of Interest Statement: The statement can be found on the RTC website at 4. Disclosure of Ownership/Principals form: The form can be found on the RTC website at NOTE: EXCEPTIONS TO BID This is a sealed bid and negotiation of specifications or other terms and conditions typically is not permitted at, or after, bid opening. The Bidder must list exceptions to the Scope of Work / Specifications on a separate sheet labeled, Exceptions to Bid Terms and Conditions, and must be attached to the Bid Proposal Form. If no exceptions are stated, it will be understood that all terms, conditions and specifications will be complied with, without exception. ANY EXCEPTIONS MAY BE CONSIDERED MATERIAL AND BE CAUSE FOR REJECTION. REMAINING PAGE LEFT BLANK INTENTIONALLY 31

32 RTC Bus Stop Sign Procurement Bid Proposal The Bidder is responsible to ascertain the number of Addenda issued and hereby acknowledges receipt of the following addenda: Addendum No. Addendum No. Addendum No. Initial Initial Initial Addendum No. Addendum No. Addendum No. Initial Initial Initial By submitting this bid, the Bidder is acknowledging that nothing contained in this bid is confidential information. The undersigned hereby designates the following address as the office to which notice should be delivered or mailed. Name of Bidder State of Incorporation Tax ID Number Address Signature Date Name Typed or Printed Telephone Fax Address Business License Number Issued By 32

33 RTC Bus Stop Sign Procurement Bid Proposal FOR INFORMATIONAL PURPOSES ONLY: Is this firm a minority, women or disadvantaged business enterprise? Yes No If yes, specify MBE WBE DBE Has this firm been certified as a minority, women or disadvantaged business enterprise by any governmental agency? Yes No If yes, specify Government Agency: Date of Certification: REMAINING PAGE LEFT BLANK INTENTIONALLY 33

34 RTC Bus Stop Sign Procurement Exhibit A Bid Submittal Labeling Instructions EXHIBIT A - BID SUBMITTAL LABELING INSTRUCTIONS Photocopy this page and cut along the dotted line of the label shown below and affix to your sealed RFP envelope to identify it as a Sealed Proposal. Fill in the Company name, and the proposal due date. REGIONAL TRANSPORTATION COMMISSION SEALED PROPOSAL DO NOT OPEN BID NO: BID TITLE: RTC BUS STOP SIGN PROCUREMENT DUE DATE: April 23, 2015 TIME: 3:00 P.M. COMPANY: RTC CONTACT LaToya McGee-Willis PHONE: (702) PURCHASING & CONTRACTS 600 GRAND CENTRAL PARKWAY LAS VEGAS, NEVADA The label shall appear in the upper left hand corner. DELIVERY ADDRESS: REGIONAL TRANSPORTATION COMMISSION ATTN: PURCHASING & CONTRACTS, LATOYA MCGEE-WILLIS 600 SOUTH GRAND CENTRAL PARKWAY LAS VEGAS, NV IMPORTANT: Overnight delivery must be sent guaranteed morning delivery, before the bid opening date. Proponent must ensure that the Sealed Proposal label shown above is affixed to outside of the overnight mail envelope. 34

35 RTC Bus Stop Sign Procurement Exhibit B Bus Stop Sign SOW/Specifications EXHIBIT B SCOPE OF WORK / SPECIFICATIONS 1. Quantity: Lot signs (FY2015) Optional Lot signs Optional Lot signs 2. Description: 12 x 24 bus stop signs Double-sided Digital print using customer-provided artwork (Example below) 3. Material Specifications: Blank:.080 gauge aluminum Sheeting: 3M DG3 Series 4090 Diamond Grade reflective, or approved equal Overlaminate: 3M 1160 graffiti film, or approved equal Color: 3M inks in Pantone Blue 07C, and Gold 1235C, or approved equal 4. Production Notes: The use of any materials or their equivalents not expressly specified in these herein must be approved in writing by the RTC. The vendor will be required to provide a sample made using these specifications within 7 calendar days of award and RTC will have up to 7 calendar days to review and approve/disapprove. If RTC disapproves sample, vendor is to provide corrected sample within 3 calendar days for RTC approval. Vendor is to provide Lot 1 (4000 signs) in two batches; 2,000 within 14 calendar days and the remaining 2,000 within 28 calendar days of RTC sample approval. The price shall include all inputs plus delivery to a pre-arranged RTC warehousing facility. 35

36 RTC Bus Stop Sign Procurement Exhibit B Bus Stop Sign SOW/Specifications Artwork example: 36