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HomeMy WebLinkAboutCertification of ContractDEPARTMENT OF MANAGEMENT e r v i c e s Division of State Purcchasing 4050. Esplanade Way. Suite 360 3iIahassee,Flcrida 32399-0950 Tel: 850.486.8440 Fax: 850.414.6122 w w.d;nsd ryFlorida.com Governor Charlie Crist Secretary Linda H. South CERTIFICATION OF CONTRACT TITLE: Medium & Heavy Trucks CONTRACT NO.: 070-700-11-1 ITB NO.: 01-070-700-S EFFECTIVE: October 5, 2010 through September 30, 2013 CONTRACTOR(S): Atlantic Ford Truck Sales, Inc dba Atlantic Truck Center (A) Davidson Ford LTD dba Mike Davidson Ford (A) Four Star Freightliner, Inc. (A) Hub City Ford, Inc. (H) Navistar, Inc. (A) Tampa Truck Center LLC (A) A. AUTHORITY — Upon affirmative action taken by the State of Florida, Department of Management Services, a Contract has been executed between the State of Florida and the designated Contractors. B. EFFECT — This Contract was entered into to provide economies in the purchase of Medium & Heavy Trucks by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the prices, terms and conditions of this Contract and with the Contractors specified. C. ORDERING INSTRUCTIONS — All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State, and local taxes. All Contract purchase orders shall show the State Purchasing Contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE — Agencies shall report any vendor failure to perform according to the requirements of this Contract on Complaint to Vendor, form PUR7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS — Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. Authorized Signature DSP/cw Attachments (Date) We serve those who serve Florida. CONTRACT MANAGER / ADMINISTRATOR NAME: CHRISTOPHER WALKER, CPPB, FCPM, FCPA, FCCM TELEPHONE: (850) 488-7540 E-MAIL: christopher.walker&&dms.mvflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)] 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS 4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)] 5.0 SPECIAL CONDITIONS 6.0 TECHNICAL SPECIFICATIONS 7.0 PRICE SHEET AND FORMS [The.remainder of this page is intentionally left blank (other than footer information).] 3 SECTION 1.0 INTRODUCTION CONTENTS: 1.1 PURPOSE AND SCOPE 1.2 TIMELINE [The remainder of this page is intentionally left blank (other than footer information).] 4 1.1 Purpose and Scope The State of Florida ("State"), Department of Management Services ("Department"), invites interested Vendors, including Medium & Heavy Truck Manufacturers and Dealers / Certified Representatives, to submit Responses in accordance with these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for the acquisition of Medium & Heavy Trucks with potential options for renewals as allowed by Chapter 287, Florida Statutes. The intent is to obtain the most cost effective Medium & Heavy Trucks for the State of Florida while maximizing the quality and level of service. Qualified Vendors must have the capability to provide Medium & Heavy Trucks in all respects in accordance with the solicitation documents and to the satisfaction of the Department. The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per Section 2.17, and to end September 30, 2013, with the potential options to renew per Chapter 287, Florida Statutes. 1.2 Timeline Event Event Date Issue Solicitation within MyFloridaMarketPlace Sourcing Tool (Provide Notice within Vendor Bid System). July 06, 2010 Questions from Respondents Due via Q&A Board within MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm ET). July 12, 2010 Post Answers to Vendor Questions within MyFloridaMarketPlace Sourcing Tool and Vendor Bid System. July 19, 2010 Solicitation Responses Due within MyFloridaMarketPlace Sourcing Tool (Some Required Documents via Mail or Courier) (No later than 2:00 pm ET). August 12, 2010 Post Notice of Intended Award within Vendor Bid System (Per Section 2.13, Electronic Posting of Notice of Intended Award). September 21, 2010 Contract Award. Per Section 2.17, Contract Formation DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. [The remainder of this page is intentionally left blank (other than footer information)] 5 SECTION 2.0 GENERAL INSTRUCTIONS TO RESPONDENTS FPURIOOI (10/06)j CONTENTS: 2.1 DEFINITIONS. 2.2 GENERAL INSTRUCTIONS. 2.3 ELECTRONIC SUBMISSION OF RESPONSES. 2.4 TERMS AND CONDITIONS. 2.5 QUESTIONS. 2.6 CONFLICT OF INTEREST. 2.7 CONVICTED VENDORS. 2.8 DISCRIMINATORY VENDORS. 2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION. 2.10 MANUFACTURER'S NAME AND APPROVED EQUIVALENTS. 2.11 PERFORMANCE QUALIFICATIONS. 2.12 PUBLIC OPENING. 2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD. 2.14 FIRM RESPONSE. 2.15 CLARIFICATIONS/REVISIONS. 2.16 MINOR IRREGULARITIES/RIGHT TO REJECT. 2.17 CONTRACT FORMATION. 2.18 CONTRACT OVERLAP. 2.19 PUBLIC RECORDS. 2.20 PROTESTS. 2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD. [The remainder of this page is intentionally left blank (other than footer information)] 6 2.1 Definitions. The definitions found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically calling for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or acknowledgement. 2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. 2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. 2.6 Conflict of Interest. This solicitation is subject to chapter 112 of the Florida Statutes. Respondents shall disclose with their response the name of any officer, director, employee or other agent who is also an employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent or its affiliates. 7 2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being placed on the convicted vendor list: • submitting a bid on a contract to provide any goods or services to a public entity; • submitting a bid on a contract with a public entity for the construction or repair of a public building or public work; • submitting bids on leases of real property to a public entity; • being awarded or performing work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and • transacting business with any public entity in excess of the Category Two threshold amount ($25,000) provided in section 287.017 of the Florida Statutes. 2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not: • submit a bid on a contract to provide any goods or services to a public entity; • submit a bid on a contract with a public entity for the construction or repair of a public building or public work; • submit bids on leases of real property to a public entity; • be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or • transact business with any public entity. 2.9 Respondent's Representation and Authorization. In submitting a response, each respondent understands, represents, and acknowledges the following (if the respondent cannot so certify to any of following, the respondent shall submit with its response a written explanation of why it cannot do so). • The respondent is not currently under suspension or debarment by the State or any other governmental authority. • To the best of the knowledge of the person signing the response, the respondent, its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any govemmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract. • Respondent currently has no delinquent obligations to the State, including a claim by the State for liquidated damages under any other contract. • The submission is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive response. • The prices and amounts have been arrived at independently and without consultation, communication, or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual or approximate, have been disclosed to any respondent or potential respondent, and they will not be disclosed before the solicitation opening. • The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as defined in section 287.133(1)(a) of the Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material misrepresentation with respect to a.public contract. This includes disclosure of the names of current employees who were convicted of contract crimes while in the employ of another company. • Neither the respondent nor any person associated with it in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, or position involving the administration of federal funds: o Has within the preceding three years been convicted of or had a civil judgment rendered against them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or 8 a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or o Has within a three-year period preceding this certification had one or more federal, state, or local government contracts terminated for cause or default. • The product offered by the respondent will conform to the specifications without exception. • The respondent has read and understands the Contract terms and conditions, and the submission is made in conformance with those terms and conditions. • If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the Contract that is formed with the State. • The respondent has made a diligent inquiry of its employees and agents responsible for preparing, approving, or submitting the response, and has been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in the response. • The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any cost, damage, or expense which may be incurred or be caused by any error in the respondent's preparation of its bid. • All information provided by, and representations made by, the respondent are material and important and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the Florida Statutes. 2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a product is acceptable as an equivalent. 2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent shall at all times during the Contract term remain responsive and responsible. In determining Respondent's responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of the solicitation and the contract. Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and. financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the solicitation documents are not complied with, or that the product proposed to be furnished does not meet the specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements. 2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline. Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release other materials pursuant to s. 119.071(1)(b), Florida Statutes. Any person requiring a special accommodation because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation 9 opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation, on the date indicated on the Timeline the Buyer shall electronically post a notice of intended award at htto://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, in lieu of posting the notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award by telephone. 2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening, during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty (60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration may, in the Buyer's sole discretion, be accepted or rejected. 2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible for Contract award. Failure to provide requested information may result in rejection of the response. 2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids, or separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer determines that doing so will serve the State's best interests. The Buyer may reject any response not submitted in the manner specified by the solicitation documents. 2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s), however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract. The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or for any work performed before the Contract is effective. 2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor authorizes the Buyerr to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such, all responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that its response contains information that is exempt from the public records law shall clearly segregate and mark that information and provide the specific statutory citation for such exemption. 2.20 Protests. Any protest conceming this solicitation shall be made in accordance with sections 120.57(3) and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that specifications are written to obtain the best value for the State and that specifications are written to ensure competitiveness, faimess, necessity and reasonableness in the solicitation process. Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of the solicitation documents shall be made within seventy-two hours after the posting of the solicitation. Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation:, "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 10 Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation: "Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes." 2.21 Limitation on Vendor Contact with Agency During Solicitation Period. Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch conceming any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response. [The remainder of this page is intentionally left blank (other than footer information).] 11 SECTION 3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS CONTENTS: 3.1 CONTACT PERSON 3.2 TERMS AND CONDITIONS 3.3 DEFINITIONS 3.4 WHO MAY RESPOND 3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW 3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS 3.7 ESTIMATED QUANTITIES 3.8 SUBMITTAL OF RESPONSE 3.9 EVALUATION CRITERIA 3.10 BASIS FOR AWARD 3.11 STATE OBJECTIVES 3.12 LOBBYING 3.13 COST SAVINGS OBJECTIVE [The remainder of this page is intentionally left blank (other than footer information).] 12 3.1 Contact Person Refer ALL Inquiries to: Christopher P. Walker, CPPB, FCCM Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 (850)488-7540 (voice) (850)414-6122 (facsimile) christooher.walker(a)dms.mvforida.com Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in the solicitation document, Section 3.5. Any additional technical questions related to the MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or vendorhelpOmvfloridamarketplace.com. 3.2 Terms and Conditions Potential Respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare Responses accordingly. All Responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Section 1.0, Introduction • Section 7.1, Price Sheet (Not Including Respondent's Offers and Submissions) • Section 6.0, Technical Specifications • Section 5.0, Special Conditions • Section 4.0, General Contract Conditions [PUR 1000 (10/06)] • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents [PUR 1001 (10/06)] • Section 7.0, Forms (Not Including Section 7.1, Price Sheet) The Department objects to and shall not consider any additional terms or conditions submitted by a Respondent, including any appearing in documents attached as part of a Respondent's Response. In. submitting its Response, the Respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's Response for any offers associated with the additional terms or conditions. Failure to comply with the solicitation requirements, specifications, terms, and conditions, including those specifying information that must be submitted with a Response, shall be grounds for rejecting a Response. This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions. 3.3 Definitions The definitions found and referenced in the General Instructions to Respondents [PUR1001 (10/06)], Section 2.1, and General Contract Conditions [PUR1000 (10/06)] shall apply to this Section. The following additional terms are also defined: 3.3.1 "State" means the State of Florida. 13 3.3.2 "Department" means the Florida Department of Management Services. 3.3.3 "Procurement Officer", "Contract Manager", or "Contract Administrator" means the Buyer's contracting personnel, as identified in Section 3.1 or as amended by the Department. 3.3.4 "Eligible User(s)" is defined in 60A-1.005, F.A.C. The following entities are eligible users: 1. All governmental agencies, as defined in Section 163.3164, F.S., which have a physical presence within the State of Florida; 2. Any independent, non-profit college or university that is located within the State of Florida and is accredited by the Southern Association of Colleges and Schools. Specific Authority 287.042 (12) F.S. Law implemented 287.012 (12) F.S. History — New 8-24-04. Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may seek Department approval under section 287.042(2)(a) as an eligible user of the Contract. 3.3.5 "Vendor(s)" means the entity that believes itself capable and is in the business of providing a Commodity and / or contractual services similar to those within the solicitation, and may or may not respond to the solicitation. 3.3.6 "Contractor(s)" means the Respondent that has been awarded and contracts to sell Commodities and / or contractual services, which meet the requirements, specifications, terms, and conditions herein, to an Eligible User. 3.3.7 "OEM" or "Manufacturer(s)" means the Original Equipment Manufacturer or original producer of a Commodity and / or contractual service. 3.3.8 "Dealer(s)" or "Certified Representative(s)" means a Manufacturer's certified representative authorized to market, sell, and service specific Commodities and / or contractual services. 3.3.9 "Commodity(ies)" means a tangible good, which may or may not meet the specifications herein. 3.3.10 "Commodity Code(s)" means the State of Florida specified numeric code for classifying Commodities and contractual services which meet the specific requirements, specifications, terms, and conditions herein. 3.3.11 "Base Vehicle(s)" or "Base Equipment" means the State of Florida specified minimum vehicle or equipment, which meet the specifications herein. 3.3.12 "Option(s)" or "Accessory(ies)" means the State of Florida specified optional equipment, which may be installed or added to the Base Vehicle or Base Equipment by the Manufacturer or Dealer as specified, which meet the specifications herein. 3.3.13 "Non -Contract Option(s)", Non -Contract Accessory(ies)" means an optional component, feature, or configuration not specified by the Department, which is intended for specific State of Florida Base Vehicles / Base Equipment and may be installed to the State of Florida Base Vehicle / Base Equipment by the Manufacturer, Dealer, Port, or Eligible User, as applicable. Acquisition of Non - Contract Options must be made according to the Eligible User's applicable procurement and fleet statutes, laws, rules, ordinances, codes, policies, and procedures. 3.3.14 "MSRP" is an acronym for the Manufacturer's Suggested Retail Price. It represents the Manufacturer's recommended retail selling Price, list Price, published Price, or other usual and customary Price that would be paid by the purchaser for specific Commodities and contractual 14 services without benefit of a Contract resulting from the solicitation. It must be publicly listed, available, and verifiable by the Department. 3.4 Who May Respond The Department will accept Responses from capable Medium and Heavy Truck Manufacturers and / or Dealers, who are in good standing with the State of Florida, satisfying the terms of the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated capability to perform a statewide Contract in the State of Florida. By submitting a Response, each Respondent certifies that it satisfies all criteria specified in the solicitation documents. The Department may request, and the Respondent shall provide, supporting information and / or documentation. Failure to supply supporting information and / or documentation if requested may result in disqualification of the Response. In furtherance of the One Florida Initiative, Respondents are encouraged to seek the participation of certified minority business enterprises (CMBE). Information on the One Florida Initiative and CMBEs is available from the Office of Supplier Diversity at http://dms.mvflorida.com/other programs/office of supplier diversity osd/. 3.5 MyFloridaMarketPlace Solicitation Overview The Department uses the MyFloridaMarketPlace system ("MFMP") to receive Responses to solicitations electronically. 3.5.1 MyFloridaMarketPlace Vendor Registration Application Vendors must have a revised, current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace Vendor Registration System at: https://vendor.myfloridamarketplace.com/. If you have not registered, please be advised that a minimum of 48 hours will be required for access to the Sourcing Tool. Completion of this registration is mandatory for those Vendors who wish to submit a Response. 3.5.2 MyFloridaMarketPlace Sourcing Tool Training This solicitation will be conducted using the MyFloridaMarketPlace Sourcing Tool. Optional training on how to respond to this solicitation electronically is offered at: http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm. Download and review the document titled "ITB Event User Guide." • For all technical questions about the Sourcing Tool, Vendors should contact the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or: vendorhelp(a�mvfloridamarketplace.com. • For additional information or assistance on using the Sourcing Tool, please visit the MyFloridaMarketPlace website at the following link: http://marketplace.mvflorida.com/vendor/vendor solicitation help.htm. This site includes: a. Solicitation User Guides b. On Demand web -based Sourcing training link c. WinZip FAQs d. Vendor FAQs 15 3.5.3 MyFloridaMarketPlace Sourcing Tool Tips When working in the Sourcing Tool, be aware of the twenty (20) minute time-out function in the Tool. This means that you should save your work (click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since you last saved are not lost. Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation Responses. The SAVE button does not transmit your solicitation Response to the State. In order to transmit your solicitation Response to the State, you must click the SUBMIT button on the SUMMARY page of the solicitation Response. After clicking the SUBMIT button, it is the Respondent's responsibility to check any submitted Response within the Sourcing Tool to verify that the Response is accurately and completely captured within the Sourcing Tool. Respondents must do this while there is sufficient time remaining in the solicitation period in the event you discover an error and need to resubmit a revised Response. To validate your Response, you should do the following before the solicitation period ends: • Go to the "My Bids / My Responses" tab within the Sourcing Tool after you submitted your Response. • Click on the Response ID number of your last submitted Response. • Review entire Response to make sure all responses are complete, accurate, and as you intended to submit. • Minimum areas to check are: • Text boxes — Is your entire answer viewable? • Yes/No questions — Is the displayed answer correct? • All uploaded document files — Can you open attached document(s) and clearly view entire content? Does the content of the file(s) match your Response within the Tool (e.g., not an earlier version, incomplete copy, or working copy)? • Pricing and Other Information — Are all prices and other information you intended to submit visible and accurately captured within Sourcing Tool? • Required Items - Are all items listed in the solicitation completed as required within the Sourcing Tool? DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION 1.2, TIMELINE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official submission date and time deadline, it is intended only to approximate the solicitation closing and may require periodic adjustments. It is strongly recommended to submit your Response as early as possible. You should allow time to receive any requested assistance and to receive verification of your submittal; waiting until the last hours of the solicitation could impact the timely submittal of your Response. 3.5.4 MyFloridaMarketPlace Email Notification Vendors are reminded that the Sourcing Tool's Email Notifications are an option provided as a courtesy. The State of Florida is not under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the posting, amendment, addendum, or close of solicitations. Vendors are responsible for checking the MyFloridaMarketPlace Sourcing Tool and the Vendor Bid System for information and updates concerning solicitations. 16 3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be posted within MyFloridaMarketPlace and / or the Vendor Bid System. Such notice, if required, will contain the appropriate details for identifying and reviewing the formal notices and / or changes to the solicitation. Each Vendor is responsible for monitoring the sites for new or changing information concerning the solicitation. 3.7 Estimated Quantities To assist Respondents in the solicitation process, average estimated historical spend information is factored and provided for the intended Contract Period of Agreement, per Section 5.2. Estimated spend information is based on former similar state term contract sales data from June 2003 through May 2010. This figure shall not be construed as a commitment. Estimated $31 Million USD ($) The above figure reflects estimated spend generated by State Agencies and by Eligible Users and is not a commitment. Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be provided by the Department in the solicitation documents. The figures provided are to assist Respondents in the solicitation process and / or to assist the Department in measuring Responses to the solicitation and shall not be construed as commitments. 3.8 Submittal of Response 3.8.1 Submittal of Bid Respondents will submit their offer via the MyFloridaMarketPlace Sourcing Tool (https://sourcing.mvfloridamarketolace.com/). The Response shall include all appropriate forms located within the MyFloridaMarketPlace Sourcing Tool RFX Info Section. All required or requested question responses, documents, files, location information, and pricing shall be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this solicitation as indicated. If no indication forsubmission is provided for required or requested documents or files, or if instructions to mail a specific document or file are provided, then those specific documents or files only shall be mailed or delivered via courier to the attention of the Contact Person in Section 3.1 of the solicitation. The outer packaging of mailed documents shall clearly state: Solicitation Title and Number (ITB No. 01-070-700-S, Medium & Heavy Trucks), and the ITB Responses Due Date and Time from the Timeline in Section 1.2 of the solicitation. Failure to provide all required information within the solicitation Response may result in resection of the Response. In the event the Respondent submits more than one Response in the MyFloridaMarketPlace Sourcing Tool only the last Response received by the system shall be considered for award. Previous Responses will not be visible to the State of Florida. Responses not submitted within the System shall be rejected. The System will require Respondents to review the Solicitation Preparation Checklist (Section 7.2) and confirm that they have completed all required activities before accepting offer. The Solicitation Preparation Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of the solicitation are included with the solicitation Response. The Solicitation Preparation Checklist does not have to be provided with the Response. 17 Each Respondent is responsible for ensuring that the offer is submitted before the submittal deadline noted on the Timeline in Section 1.2 of the solicitation. The Department shall not consider late offers and the System will NOT accept offers after the due date and time specified in the Timeline or as amended by the Department. Responses must be submitted in the MyFloridaMarketplace Sourcing Tool, or as otherwise provided in the solicitation document, by the date and time specified on the Timeline. 3.8.2 Price Sheet Responses Price Sheet Responses will be submitted in the locations and formats provided in the Price Sheet, Section 7.1 of the solicitation, as summarized herein. There are thirty-nine (39) individual spreadsheet tabs within the Price Sheet; one (1) Price Sheet Index and thirty-eight (38) individual Price Sheets, one (1) for each Commodity Code (Base Vehicle with corresponding Option(s), specifications, reference specifications, and other related information). Respondents are encouraged to respond for as many of the Commodity Codes as they may choose, but for each selected Commodity Code, all required information must be submitted on the Price Sheet. The light -yellow colored spaces (cells) on the Price Sheet are the places where the Respondent is required to supply Information. The following Information must be supplied in the Price Sheet (Section 7.1) in the locations and formats provided for each Commodity and Option offered: • Specification Responses: Specifications related Information as required within the Price Sheet (Format: Alpha -Numeric; e.g., ABCabc123) • Respondent: Respondents Legal Name (Format: Alpha -Numeric; e.g., ABCabc123) • Make: Base Vehicle Make / Manufacturer Name (Format: Alpha -Numeric; e.g., ABCabc123) • Model (Name and #): Base Vehicle Model Name and Number (Format: Alpha -Numeric; e.g., ABCabc123) • Discount: Price Discount off Base Vehicle price if picked up by ordering Eligible User at Contractors place of business (Format: Negative U.S. Dollars, Whole; e.g., -$99,999) • Price: Base Vehicle price as specified (Format: U.S. Dollars, Whole; e.g., $99,999) • Approximate Delivery Time After Receipt of Order: Approximate Time, in Calendar Days, required for Delivery after receipt of Purchase Order (Format: Number; e.g., 120) • Options: Individual Option Information o Manufacturer: Option Make / Manufacturer Name (Format: Alpha -Numeric; e.g., ABCabc123) o Model Number: Option Model Number (Format: Alpha -Numeric; e.g., ABCabc123) o Code: Option Code (Format: Alpha -Numeric; e.g., ABCabc123); Must Accurately Use one of the Following: • STD: for standard equipment that will be included on all units with no additional Option price. • NC: for Options available at no cost, but not standard equipment. • NA: for unavailable Option. • ICO: for other Option(s) included at no cost with the Option offered. List all other Options included at no cost with the Option offered. • RPO: for other Option(s) that are required for the purchase of the Option offered. List all other Options required by the Manufacturer for the purchase of the Option offered. o Option Price: Option price as specified (Format: U.S. Dollars, Whole; e.g., $9,999) o Dimensions: As required (Format: Alpha -Numeric (as required); e.g., ABCabc123) o Other: Other Information as required in the Options portion of the Price Sheet (Format: Alpha -Numeric (as required); e.g., ABCabc123$) • Other: Other information as required (Format: Alpha -Numeric (as required); e.g., ABCabc123) 18 All prices and price discounts will be in U.S. Dollars, whole ($; e.g., $99,999 or —$99,999); all percentage discounts shall be a positive percentage to the one -hundredth decimal place (%, e.g., 99.99%); and all dates will be in full standard numerical format (e.g., ##/##/####). The Respondent shall include in the Base Vehicle price for each Commodity offered: any profit, administrative charges, Dealer preparation charges, environmental fees, title application and registration fees, plate transfer fees, handling charges, shipping charges, delivery charges to any point within the geographical purchasing District offered, and any other charges or fees necessary to deliver the Base Vehicle according to specifications, exclusive of taxes. Additionally, the Respondent shall include in the individual Options prices for each Commodity offered: any profit, Option specific administrative charges, Dealer preparation charges, installation charges, environmental fees, handling charges, shipping charges, delivery charges to any point within the geographical purchasing District offered, and any other charges or fees necessary to deliver the Option with the Base Vehicle according to specifications, exclusive of taxes. The Respondent agrees and confirms that there are no items listed as an Option in any specification herein that may be included in the Base Vehicle price unless they are listed in the Manufacturer's standard literature as a standard component on the model offered, and the item is not available from the Manufacturer as an Option on the model offered. If a Respondent includes an item on the Base Vehicle that is listed in the specifications herein as an Option, and the item is not included by the vehicle Manufacturer as part of their standard unit, the Department may consider the offer as non -responsive. The Respondent agrees and confirms that the prices offered for each Base Vehicle and Option do not exceed the MSRP for the respective Commodity and Option. To verify the prices are below MSRP, the Respondent agrees to provide current MSRP documentation to the Department, upon request. Commodities (Base Vehicle, Options, Bodies, other Components) offered must meet or exceed the specifications, requirements, term, and conditions herein. The Respondent shall only offer the smallest available engines meeting or exceeding the C.I.D./Liter, minimum gross Horsepower, and minimum lbs.-ft. gross Torque requirements of each Commodity specification herein. The Horsepower and Torque ratings provided are based on the best information available to the Department at the time the specifications were developed. If the C.I.D./Liter, gross Horsepower, or Torque requirements are believed inaccurate in a specification herein, the C.I.D./Liter, gross Horsepower, and Torque rating of the representative model(s) listed in the individual Commodity Code page headings of Section 7.1, Price Sheet, shall take precedence. Other than providing the required Response information within the Price Sheet (Section 7.1), the Respondent agrees and confirms that they have not altered the information, specifications, and contents of the Price Sheet, as created by the Department. The Respondent may adjust, if a required cell prohibits the required information as specified in Section 3.8.2, the cell format (i.e., General, Currency, Text, etc.) of any light -yellow colored spaces (cells) where the Respondent is required to provide information as a part of their Response. Any unauthorized alteration of the Price Sheet specifications or contents shall result in the Respondent being deemed non- responsive. The Price Sheet, Section 7.1 of the solicitation, shall be submitted to the Department electronically using the MyFloridaMarketPlace Sourcing Tool RFX Info Section per Section 3.8.1 of the solicitation. 19 3.8.3 Alternate Responses Respondent may not submit more than one Response for each Commodity Code (e.g., such as separate offers for different makes, models, or multiple sets of pricing for the same model). Within the Response for a Commodity Code, the Respondent may submit pricing on a District, Regional, and / or Statewide basis as provided for and indicated on the Price Sheet, Section 7.1 of the solicitation. The Department seeks each Respondent's single -best Response for each Commodity Code. 3.8.4 Full -Service 1 Repair Facilities Respondent must offer Commodities and contractual services having a minimum of one (1) Manufacturer's authorized Full -Service / Repair Facility available in the State of Florida from which the Commodities offered may be installed, serviced, and repaired under Warranty and the requirements, specifications, terms, and conditions of the Contract, if awarded. Provision of a Manufacturer's authorized Full -Service / Repair Facility shall be a requirement for the entire Period of Agreement, Section 5.2. Respondent shall submit with their Response an answer in the MyFloridaMarketPlace RFX Info section of the MyFloridaMarketPlace Sourcing Tool affirming compliance with this requirement. A positive, "Yes," answer is one requirement of a responsive Response. 3.8.5 Supporting Documents Respondent shall submit the following Supporting Documents with their Response as noted: • Manufacturer's Computer Printouts (a.k.a. Code Sheet): Respondent shall provide a copy of the Manufacturer's Computer Printout (Ford "DORA" / "Commercial Truck Tools", Freightliner "Spec Pro", "GM AutoBook", International "Vehicle Specifications", Mack "Order / Customer / Vehicle Information", Sterling "Spec Pro", or approved equivalent) for each Commodity offered. The Manufacturer's Computer Printout shall indicate an order code for the Manufacturer's base model, all standard equipment, and any optional components required to provide a State of Florida Base Vehicle. Additionally, any Dealer installed aftermarket components required to provide a Base Vehicle must be identified, in writing, on the printout. Failure to provide a Manufacturer's Computer Printout with the offer for each Commodity offered, verifying the Base Vehicle and Options meet all of the State of Florida's Base Vehicle and Options requirements, shall result in the Respondent being deemed non -responsive. • Manufacturer's Standard Warranty: All Commodities and services shall be covered by the Manufacturer's Standard Warranty. The warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the required performance criteria. A copy of the Manufacturer's Standard Warranty must be submitted with the Response. • Approved Equivalents: The term, Approved Equivalent, indicates a Commodity that is deemed by the Department as equivalent to a Manufacturer's Commodity listed in the specifications herein. o To receive an Approved Equivalent rating for an unlisted Manufacturer's Commodity, the Respondent must submit to the Contact Person, Section 3.1, in writing, a request for an Approved Equivalent along with all supporting specifications and documentation, far enough in advance to allow the Department to issue its written opinion before the date and time of the solicitation opening in Section 1.2, Timeline. o Verbal Approved Equivalent opinions will not be given. 20 o The Department shall be the sole entity that will determine the equivalency of a Manufacturer's Commodity. o Should a Respondent submit a Response on a Manufacturer's Commodity that is not listed in specifications herein, or does not possess a rating from the Department as an Approved Equivalent, that offer will be disqualified as non- responsive. • Additional Technical Documentation: Any Additional Technical Documentation / Manufacturer's Literature necessary for the Department to verify the offered Commodities meet the specifications herein, or are from a source other than the Manufacturer, will be submitted with the Response. The Department shall be the sole entity that will determine the equivalency of Commodities and the acceptability of the source. • Department Documents (Not Requiring Submission): The Department hereby reserves the right to consider Manufacturer's literature or information that is in the possession of the Department, if the literature or information supersedes the Manufacturer's literature or information submitted by the Respondent. These Supporting Documents shall be mailed or submitted via courier to the Department per Section 3.8.1 of the solicitation. 3.8.6 Manufacturer's Certification Respondent shall submit a current and complete Manufacturer's Certification form (Section 7.3), stating that the Respondent is the Manufacturer or a Certified Representative of the Manufacturer, for each Manufacturer they represent and offer as part of their Response. Respondent, Dealer or Manufacturer, must submit the Manufacturer's Certification form(s) as part of their respective Response. The Manufacturer's Certification form(s) must be executed by the Manufacturer(s) only, and may not be completed by the Dealer. Dealer agreements shall not be accepted in lieu of a Manufacturer's Certification form. Submission of photocopies of the current and complete Manufacturer's Certification form are acceptable. The Manufacturer's Certification form shall be mailed or submitted via courier to the Department per Section 3.8.1 of the solicitation. 3.8.7 Savings / Price Reductions Respondent shall submit a completed Savings / Price Reductions form (Section 7.4) with their Response containing the required savings information for each Commodity offered and a method(s) for the Department to verify the savings provided. The Savings / Price Reductions form shall be mailed or submitted via courier to the Department per Section 3.8.1 of the solicitation. 3.8.8 Ordering Instructions Respondent shall submit a completed Ordering Instructions Form (Section 7.5) with their Response identifying persons responsible for answering questions about the Response and administering the Contract, if awarded, and shall provide information necessary for placing orders under the Contract, if awarded. The Ordering Instructions Form shall be mailed or submitted via courier to the Department per Section 3.8.1 of the solicitation. 3.9 Evaluation Criteria The Department shall evaluate eligible responsive and responsible offers. Responses that do not meet all Contract requirements of the solicitation or fail to provide all required information, documents, or materials may be rejected as non -responsive. Respondents whose Responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of a Contract may be rejected as non -responsible. The Department reserves the right to 21 determine which Responses meet the requirements of this solicitation, and which Respondents are responsive and responsible. 3.10 Basis for Award The Department intends to make multiple awards statewide to the three (3) lowest priced responsive and responsible Respondents by Commodity Code Base Vehicle. Awards shall not be made for any Manufacturer's product if the offered price exceeds the lowest awarded base price for the Commodity Code Base Vehicle by more than eight percent (8%), and therefore, less than three (3) awards per Commodity Code may result. If more than one (1) Respondent offers the same Manufacturer's brand product for a Commodity Code Base Vehicle, only the lowest responsive and responsible offer shall be considered for award for that Manufacturer's brand. The Department reserves the right to make awards as determined to be in the best interest of the State of Florida, and to accept or reject any and all offers, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State of Florida's best interest. Note: Eligible Users utilizing the Contract, if awarded, shall be encouraged to conduct business with the lowest total cost (Base Vehicle plus Options, and estimated fuel and emissions costs) awarded Contractor per Commodity Code. 3.11 State Objectives Within thirty (30) calendar days following award of the Contract, if awarded, the successful Respondent shall submit plans addressing each of the State's five (5) objectives listed below, to the extent applicable to the items / services covered by this solicitation. 3.11.1 Diversity The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, and service -disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915. The State is dedicated to fostering the continued development and economic growth of small, minority-, women-, and service -disabled veteran business enterprises. Participation by a diverse group of Vendors doing business with the State is central to this effort. To this end, it is vital that small, minority-, women-, and service -disabled veteran business enterprises participate in the State's procurement process as both Contractors and Sub -Contractors in this solicitation. Small, minority-, women-, and service -disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority-, women-, and service -disabled veteran business enterprises. Information on Certified Minority Business Enterprises (CMBE) and Certified Service -Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: http://dms.mvflorida.com/other programs/office of supplier diversity osd/. 22 Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents or Sub -Contractors) as a result of any award shall be provided to the Agency Purchasing Office by the Prime Contractor on an Agency by Agency (or other Eligible User) level. 3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and preserve our environment. The Contractor shall submit as part of any response the Contractor's plan to support the procurement of products and materials with recycled content, and the intent of Section 287.045, Florida Statutes. The Contractor shall also provide a plan for reducing and or handling of any hazardous waste generated by Contractor's company. Reference Rule 62-730.160, Florida Administrative Code. It is a requirement of the Florida Department of Environmental Protection that a generator of hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of Contractor's explanation of its company's hazardous waste plan and shall explain in detail its handling and disposal of this waste. 3.11.3 Certification of Drug -Free Workplace Program The State supports and encourages initiatives to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the Florida Statutes provides that, where identical tie responses are received, one preference shall be given to a response received from a Respondent that certifies it has implemented a drug -free workforce program. If applicable, Respondent shall certify that the Respondent has a drug -free workplace program using the Certification of Drug -Free Workplace form included in Section 7.7 of the solicitation. The Contractor shall describe how it will address the implementation of a drug free workplace in offering the items of the solicitation. 3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports andencourages the gainful employment of citizens with disabilities. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this Contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.resoectofftorida.orq. The Contractor shall describe how it will address the use of RESPECT in offering the items of the solicitation. 3.11.5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) The State supports and encourages the use of Florida correctional work programs. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. Additional information about PRIDE and the products it offers is available at htto://www.pridefi.com. 23 The Contractor shall describe how it will address the use of PRIDE in offering the items of the solicitation. 3.12 Lobbying Reference Section 2.21, Limitation on Vendor Contact with Agency During Solicitation Period. Respondents are advised that the following will be included in the Contract for these services: In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. 3.13 Cost Savings Objective Chapter 2010-151, Laws of Florida, Section 47, provides the following: Each state agency, as defined in s. 216.011, Florida Statutes, shall review existing contract renewals and reprocurements with private providers and public -private providers in an effort to reduce contract payments by at least 3 percent. It is the statewide goal to achieve substantial savings; however, it is the intent of the Legislature that the level and quality of services not be affected. Each agency shall renegotiate and reprocure contracts consistent with this section. Any savings that accrue through renegotiating the renewal or reprocurement of an existing contract shall be placed in reserve by the Executive Office of the Governor. In order to achieve this objective, the Department seeks to achieve a cost savings of at least 3 percent when compared to the pricing contained in the Department's most recent state term contract for these commodities. Current and previous contracts can be accessed through the Division of State Purchasing website at: http://dms.myflorida.com/business operations/state purchasing [The remainder of this page is intentionally left blank (other than footer information).] 24 SECTION 4.0 GENERAL CONTRACT CONDITIONS IPUR1000 (10/06)1 CONTENTS: 4.1 DEFINITIONS. 4.2 PURCHASE ORDERS. 4.3 PRODUCT VERSION. 4.4 PRICE CHANGES APPLICABLE ONLY TO TERM CONTRACTS. 4.5 ADDITIONAL QUANTITIES. 4.6 PACKAGING. 4.7 INSPECTION AT CONTRACTOR'S SITE. 4.8 SAFETY STANDARDS. 4.9 AMERICANS WITH DISABILITIES ACT.. 4.10 LITERATURE. 4.11 TRANSPORTATION AND DELIVERY. 4.12 INSTALLATION. 4.13 RISK OF LOSS. 4.14 TRANSACTION FEE. 4.15 INVOICING AND PAYMENT. 4.16 TAXES. 4.17 GOVERNMENTAL RESTRICTIONS. 4.18 LOBBYING AND INTEGRITY. 4.19 INDEMNIFICATION. 4.20 LIMITATION OF LIABILITY. 4.21 SUSPENSION OF WORK. 4.22 TERMINATION FOR CONVENIENCE. 4.23 TERMINATION FOR CAUSE. 4.24 FORCE MAJEURE, NOTICE OF DELAY, AND NO DAMAGES FOR DELAY. 4.25 CHANGES. 4.26 RENEWAL. 4.27 PURCHASE ORDER DURATION. 4.28 ADVERTISING. 4.29 ASSIGNMENT. 4.30 ANTITRUST ASSIGNMENT. 4.31 DISPUTE RESOLUTION. 4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS. 4.33 SECURITY AND CONFIDENTIALITY. 4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS. 4.35 INSURANCE REQUIREMENTS. 4.36 WARRANTY OF AUTHORITY. 4.37 WARRANTY OF ABILITY TO PERFORM. 4.38 NOTICES. 4.39 LEASES AND INSTALLMENT PURCHASES. 4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE). 4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED. 4.42 MODIFICATION OF TERMS. 4.43 COOPERATIVE PURCHASING. 4.44 WAIVER. 4.45 ANNUAL APPROPRIATIONS. 4.46 EXECUTION IN COUNTERPARTS. 4.47 SEVERABILITY. [The remainder of this page is intentionally left blank (other than footer information).] 25 4.1 Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. 4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricina Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair 26 market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adiustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 4.7 Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the 27 product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or retumed, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML,.or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire 28 about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fl.us/barm/aenschedules/oensched.htm). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the 29 product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, 30 the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The. Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. 31 For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32 4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available. through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 4.35 Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal govemment. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 33 4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the. Florida Statutes. 4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be. deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at http://www.pridefl.com. 4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.orq. 4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed. modification to terms and conditions. 4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 4.45 Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 34 4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. [The remainder of this page is intentionally left blank (other than footer information).] 35 SECTION 5.0 SPECIAL CONDITIONS CONTENTS: 5.1 DEFINITIONS 5.2 PERIOD OF AGREEMENT 5.3 MULTIPLE AWARDS 5.4 CATALOG DATA 5.5 CEILING PRICES 5.6 PRICE QUOTES AND SALES LITERATURE/TECHNICAL INFORMATION 5.7 ORDERING INSTRUCTIONS INFORMATION 5.8 PURCHASE ORDERS 5.9 ACKNOWLEDGEMENT OF ORDER 5.10 COMMODITIES TITLE AND REGISTRATION 5.11 TRANSPORTATION AND DELIVERY 5.12 ACCEPTANCE 5.13 PRODUCTION CUTOFF 5.14 PRICE ADJUSTMENT 5.15 CONTRACT SALES SUMMARY AND TRANSACTION FEE REPORTS 5.16 LOBBYING 5.17 COMPLIANCE WITH LAWS 5.18 PREFERRED PRICING COMPLIANCE [The remainder of this page is intentionally left blank (other than footer information).] 36 5.1 Definitions The Definitions found and referenced in the General Contract Conditions [PUR1000 (10/06)], Section 4.1, and the Definitions found and referenced in Section 3.3, Definitions, shall apply to this Section. 5.2 Period of Agreement The State Term Contract shall be in effect beginning on the Contract Formation date, per Section 2.17, and end September 30, 2013. This agreement has the option to renew per Chapter 287.057(14)(a), Florida Statutes, for three (3) additional one (1) year periods, or any portion or portions thereof. Renewal is contingent upon satisfactory performance by the Contractor and will not be subject to pricing increases or discount decreases. 5.3 Multiple Awards Per the Basis for Award, Section 3.10, the Contract may contain multiple awards per Commodity Code as provided within the Price Sheet, Section 7.1. Eligible Users of the Contract are encouraged to conduct business with the lowest total cost (Base Vehicle plus Options, and estimated fuel and emissions costs) awarded Contractor per Commodity Code. 5.4 Catalog Data The MyFloridaMarketPlace ("MFMP") third -party service provider is responsible for converting Contract catalog information into a format supported by the MyFloridaMarketPlace System. To accomplish this conversion, the Contractor shall provide certain information in electronic format directly to the service provider (This format is generally Microsoft Excel). Within ten (10) business days of written notice from the service provider, Contractor shall provide all information necessary to facilitate electronic purchases from this Contract. Such information may include, but is not limited to, Contractor name, Manufacturer name, Commodity description (using Contract Price Sheets descriptions), unit of measure, and Contract price. Contractor shall provide this information in the format required by the service provider. No costs or expenses associated with providing this information shall be charged to the Department, Eligible Users, or service provider. With the Contractor's timely assistance, the service provider shall create and maintain web -based placement of the requested Contract information. 5.5 Ceiling Prices The Base Vehicle price and the individual Options prices for each Commodity Code contained in the Price Sheet, Section 7.1, will be the not -to -exceed Ceiling Prices during the Contract Term. The Ceiling Prices for the Base Vehicle for each Commodity Code include: all profit, administrative charges, Dealer preparation charges, environmental fees, title application and registration fees, plate transfer fees, handling charges, shipping charges, delivery charges to any point within the geographical purchasing District, and any other charges or fees necessary to deliver the Base Vehicle according to specification, exclusive of taxes. Additionally, the Ceiling Prices for the Options for each Commodity Code individually include: all profit, Option specific administrative charges, Dealer preparation charges, installation charges, environmental fees, handling charges, shipping charges, delivery charges to any point within the geographical purchasing District offered, and any other charges or fees necessary to deliver the Options with the Base Vehicle according to specifications, exclusive of taxes. A Discount off the Base Vehicle price for each Commodity Code is contained in the Price Sheet, Section 7.1, and is available to any Eligible User who chooses to take Delivery at the Contractor's place of business. The Contractor shall provide the Contracted Discount to Eligible Users who choose this method of Delivery. 37 Eligible Users may negotiate prices for Base Vehicles and Options with the Contractor, provided the negotiated prices do not exceed the Ceiling Prices for the Base Vehicles and Options. The Contractor is prohibited from negotiating prices that exceed the Ceiling Prices set forth in the Price Sheet, Section 7.1, and from invoicing or billing at prices that exceed the total on the Purchase Order. The Ceiling Prices are only subject to revisions per Sections 4.4, 4.25, and 5.14, and must have prior approval of the Department. The Ceiling Prices contained herein for any Base Vehicle or Option must be lower than the MSRP. In the event a Ceiling Price for any Base Vehicle or Option is found to be above the current MSRP, the Department, at its option, shall reduce the price to the MSRP or terminate the Contractor's award from the Contract. 5.6 Price Quotes and Sales Literature/Technical Information Eligible Users may request Price Quotes related to the Contract. The Contractor agrees that any Price Quotes provided to an Eligible User will be submitted for only those Commodity Codes and Commodities, which the Contractor is awarded, and that the Commodities quoted are the minimum required to meet the Eligible User's needs. All Price Quotes shall be according to the prices, specifications, terms, and conditions of the Contract, and will include the following: • Base Vehicle: Contract Commodity Code and Description for the Base Vehicle, Base Vehicle price (per Section 5.5, Ceiling Prices), requested quantity, and extended price. • Option (individual lines for each): Contract Commodity Code and Description for the requested Option, Option price (per Section 5.5, Ceiling Prices), requested quantity, and extended price. • New License Plate Fee: If applicable, per requested Base Vehicle (per Section 5.10, Commodities Title and Registration). • Discount (individual lines for each): Applicable Discount Description and Credit. • Total State Term Contract Price (sum of Base Vehicle price, Options prices, and New License Plate Fees, less Discounts). During the Term of the Contract, the Contractor shall supply printed Sales Literature and Technical Information to Eligible Users upon request, unless the literature/information requested is available on the Contractor's web site. If the literature/information is available on the Contractor's web site, the Contractor shall direct the requesting Eligible User to its location. 5.7 Ordering Instructions Information The Ordering Instructions Form, Section 7.5, will contain current information relevant to the acquisition of Commodities under the Contract. This information shall include, but not be limited to, the Contractor's name and identifying number, the Contractor's Contract Representative with their contact information, the Contractor's Ordering Contact Person with their contact information, the Contractor's Remit -To Address, and a list of Department maintained instructions to assist Eligible Users in placing orders under the Contract. It is the Contractor's responsibility to notify the Department of updates to relevant personnel and contact information contained in the Ordering Instructions. The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing and received by the ContractAdministrator no later than five (5) business days prior to the effective date of the proposed change. The Department may accept or reject any proposed change, or independently amend the Ordering Instructions, as it deems will best assist Eligible Users. 5.8 Purchase Orders All orders by Eligible Users of the Contract shall be placed using a Purchase Order. Purchase Orders issued by Eligible Users shall be in accordance with the Ordering Instructions Form, Section 7.5, and 38 the prices, specifications, terms, and conditions of the Contract. The Contractor and the Eligible User agree to the following: 5.8.1 Under the Contract, Eligible Users may only place and Contractors shall only accept Purchase Orders for Contracted Commodity Codes. 5.8.2 Eligible Users are responsible for notating the following information on the Purchase Order based on their negotiations (per Section 5.5, Ceiling Prices) with the Contractor: a. Eligible User's Issuing Contact Person and Contact Information, b. Contract Number, c. applicable Contract Commodity Code(s), Contract Description(s), and negotiated price(s) (per Section 5.5, Ceiling Prices) for the individual Base Vehicle(s) and Option(s), if any, d. New License Plate Fee (if applicable, per Section 5.10, Commodities Title and Registration) e. applicable Discount(s) with description(s) (Le., delivery location choice), and f. the total cost for the Base Vehicle(s) and Option(s), if any, less Discount(s), if any. 5.8.3 Contractor will place all orders received with the Manufacturer(s) within seven (7) calendar days after receipt of the Purchase Order. All orders placed with the Manufacturer(s) shall be made in full compliance with the specifications, terms, and conditions herein. 5.8.4 Contractor shall honor all Purchase Orders received prior to the Manufacturer's Production Cutoff date (per Section 5.13), which, if necessary, shall require the provision of the next new model year of the Commodity, which meets the specifications herein, at the existing Contract prices, terms, and conditions. 5.8.5 Contractor will provide an Acknowledgement of Order form, per Sections 5.9, for all Purchase Orders received. 5.8.6 Contractor, from receipt of the Purchase Order until delivery is made to the ordering Eligible User, shall promptly notify the Eligible User of any potential delivery delays. Additionally, the Contractor must promptly advise the ordering Eligible User if their order may not be delivered prior to the end of the Eligible User's Fiscal Year (State Agencies Fiscal Year ends June 30). Evidence of inability to deliver or intentional delivery delays shall be cause for default proceedings and / or Contract termination. This Section, 5.8, does not modify or replace Section 4.2, Purchase Orders, of the Contract. 5.9 Acknowledgement of Order The Acknowledgement of Order form shall be used by the Contractor to notify an ordering Eligible User of the receipt of a Purchase Order for Commodities under the Contract, and depending on the appropriate clause selected by the Contractor, will either: • Accept Order: Constitute acceptance by the Contractor to deliver the Commodities listed on the Purchase Order under the prices, specifications, terms, and conditions of the Contract, or • Production Cutoff Notification: Provide notification to the Eligible User of a Commodity's Production Cutoff under the Contract, when the Eligible User will have the option to cancel the Purchase Order without penalty, or maintain the Purchase Order knowledgeable of the risk of potential non -delivery without recourse. See Section 5.13, Production Cutoff. Note: The Contractor must select the correct clause. Failure by the Contractor to submit timely, properly, and accurately completed Acknowledgement of Order forms to the ordering Eligible Users shall be cause for default proceedings and / or Contract termination. The Contractor must mail, courier, fax, or email a completed Acknowledgement of Order form to the ordering Eligible User's issuing office within fourteen (14) calendar days from the date the Contractor receives a Purchase Order under the Contract. If the Purchase Order is received past the Production Cutoff date, the Contractor must respond to the Eligible User as cited in Section 5.13, Production Cutoff. In either case, failure of the Contractor to provide the ordering Eligible User the Acknowledgement of Order form will be considered acceptance of the order by default, which, if 39 necessary, shall require the provision of the next new model year of the Commodity, which meets the specifications herein, at the existing Contract prices, terms, and conditions. Submission of the Acknowledgement of Order form is to be the responsibility of the Contractor without prompting or notification by the Contract Administrator or Eligible User. Failure by the Contractor to submit timely, properly, and accurately completed Acknowledgement of Order forms to the ordering Eligible Users shall be cause for default proceedings and / or Contract termination. Upon Contract Formation, Section 2.17, the Department shall distribute, in electronic format, the Acknowledgement of Order form to be used by the Contractor. 5.10 Commodities Title and Registration Applicable Commodities delivered under the Contract will be titled and registered by the Contractor in accordance with Chapters 319 and 320 of the Florida Statutes. The Contractor shall send any necessary form(s) that must be signed by an authorized representative of the Eligible User with the Commodities upon delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Eligible User in a timely manner. In the event the Eligible User is permitted by statute; law, rule, ordinance, code, policy, and procedure to obtain Title and Registration independent of the Contractor, and chooses to obtain Title and Registration independent of the Contractor, the Eligible User shall notify the Contractor in writing of this decision no later than three (3) business days following receipt of the Acknowledgement of Order form, per Section 5.9, Acknowledgement of Order. However, the Eligible User will then be obligated to Title and Register the awarded Commodity per applicable statute, law, rule, ordinance, code, policy, and procedure, and the Contractor shall provide any documents necessary for the Eligible User to do so. Upon notification, the Contractor will refund to the Eligible User within thirty (30) calendar days of Delivery all Title and Registration charges / fees included in the State of Florida Base Vehicle Price (per Section 5.5, Ceiling Prices). For applicable Commodities, Eligible Users may elect to transfer an existing license plate, or may choose to obtain a new license plate. • Should an Eligible User elect to transfer an existing license plate, this is the standard default order type and does not require specific notation on the Purchase Order. All related fees (title application, license plate transfer, administrative, etc.) are included in the Base Vehicle price. • Should an Eligible User elect to obtain a new license plate in lieu of transferring their old license plate, or if the vehicle is an addition to their fleet and requires a new license plate, the Purchase Order should include a notation and an additional amount to cover the cost of a new license plate. The Contractor is not required to obtain new license plates for the Eligible User unless there is a notation and a new license plate fee is included on the Purchase Order. All related fees (title application, administrative, etc.) except the new license plate cost are included in the Base Vehicle price. o The Eligible User's Purchase Order notation for a new license plate must include the request for a new license plate, what type of license plate is required, and a contact person's name, title, and telephone number should there be any questions. o The Contractor may obtain special plates such as "State", "County", or"City" from most county tax offices, but agency plates such as "DOT", "DC", "DNR", etc. must be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. Please Note: The State of Florida is self -insured; therefore, a "Proof of Insurance" form is not required (Refer to Chapter 284.30, Florida Statutes). Questions concerning the lack of a "Proof of Insurance Certificate" when applying for a license plate may be answered by calling (850) 488-4127. 40 5.11 Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and delivery. Transportation of goods shall be FOB Destination to any point within fourteen (14) calendar days after receipt of the Commodities from the Manufacturer with one exception: Commodities requiring post -Manufacturer body installation must be delivered FOB Destination to any point within forty-five (45) calendar days after receipt of the Commodities from the Manufacturer. Delivery of the Commodity is defined as receipt of the Commodity at the Eligible User's place of business or if the Eligible User chooses, at the Contractor's place of business. Delivery does not constitute Acceptance, per Section 5.12 of the Contract. Deliveries of Commodities with less than one thousand (1,000) odometer miles may be accomplished by driving the Commodity to the delivery location, as specified by the Eligible User. All deliveries in excess of one thousand (1,000) odometer miles shall be made by either private or common carrier transport. At the Eligible User's option, Commodities with more than one thousand (1,000) odometer miles at delivery may be rejected or $0.50 per mile in excess of one thousand (1,000) odometer miles may be deducted from the invoice and payment. This option also applies to re -delivery of a Commodity that was previously rejected upon initial delivery. All Commodities delivered by the Contractor to the Eligible User shall contain no less than one -quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. At the Eligible User's option, Commodities with less than one -quarter (1/4) tank of fuel at delivery may be rejected or $3.00 per gallon up to one -quarter of the Commodity's fuel tank capacity may be deducted from the invoice and payment. The Contractor will perform the standard retail sale Manufacturer's Pre -Delivery Inspection, and is responsible for delivering a Commodity that is properly serviced, clean, and in first class operating condition. Pre -delivery service, at a minimum, shall include the following: • Complete lubrication of operating chassis, engine, and mechanisms with Manufacturer's recommended grades of lubricants. • Check/Fill all fluid levels to assure proper fill. • Adjust engine to proper operating condition. • Inflate tires to proper pressure. • Check to assure proper operation of all accessories, gauges, lights, and mechanical and hydraulic features. • Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc. • Assure that the unit is completely assembled (unless otherwise noted in the specification) including Options and attachments, thoroughly tested, and ready for operation upon delivery. All Commodities will be delivered with each of the following documents completed and included: • Copy of the Pre -Delivery Inspection form, which meets or exceeds the requirement herein. • Copy of ordering Eligible User's Purchase Order. • Copy of the applicable Contract specification(s) and Price Sheet. • Copy of the Manufacturer's Invoice(s) (prices may be deleted or obscured) for each Commodity Code, including individual Options, in the shipment. • Manufacturer's Window Sticker(s). • Manufacturer's Certificate of Origin, if applicable. • Manufacturer's Operator Manual, and (if not included in the operator manual) one (1) each of the Manufacturer's lubrication and maintenance instructions. • Copy of the Manufacturer's Standard Warranty Certifications. • Sales Tax Exemption Form, if applicable. • Temporary Tag and twenty (20) day Extension Tag, for street legal vehicles only. 41 • DHSMV82040, Application for Certificate of Title and/or Vehicle Registration, for street legal vehicles only. This Section, 5.11, supersedes and replaces Section 4.11, Transportation and Delivery. 5.12 Acceptance The Eligible User, within three (3) business days of delivery, will thoroughly inspect the Commodity(ies) received for Acceptability. The Eligible User shall compare the physical Commodity(ies), Contract specifications, Purchase Order, and Manufacturer's Window Sticker/Manufacturer's Invoice(s) to ensure the Commodity(ies) received meet or exceed the requirements of the Contract specifications and Purchase Order. Additionally, the Eligible User will inspect the Commodity(ies) for any physical damage. Failure by, the Eligible User to discover an error in the Commodity(ies) shall not relieve the Contractor from their obligation to correct the error in the event it is found anytime after the Commodity(ies) is delivered. The Parties agree that inspection and Acceptance will be at the destination of the Eligible User unless otherwise provided in the Purchase Order. Title and risk of loss or damage to all Vehicles shall be the responsibility of the Contractor until Accepted by the Eligible User. The Contractor shall be responsible for filing, processing and collecting all damage claims. The Eligible User shall assist by: • Recording any evidence of visible damage on all copies of the delivering carriers bill of lading, • Report any known visible and concealed damage to the carrier and the Contractor, • Confirm said reports in writing within fifteen (15) business days of delivery, requesting that the carrier inspect the damaged merchandise, and • Provide the Contractor with a copy of the carriers bill of lading and damage inspection report. Delivery of the Commodity(ies), per Section 5.11 of the Contract, does not constitute Acceptance for the purpose of payment. Final Acceptance and authorization of payment shall be given by the Eligible User only after a thorough inspection indicates that the Commodity(ies) is undamaged and meets the Contract specifications, requirements, terms, and conditions. Should the delivered Commodity(ies) be damaged or differ in any respect from the Contract specifications, requirements, terms, and conditions, payment will be withheld until such time as the Contractor completes the necessary and Eligible User approved corrective action(s). Should the Commodity(ies) require service or adjustments as part of the Eligible User approved corrective action(s), the Contractor shall either remedy the defect(s) or be responsible for reimbursing the Manufacturer's local authorized service Vendor or others selected to remedy the defect(s). The Contractor shall initiate such required service or adjustments within two (2) business days following notification by the Eligible User. The Commodity(ies) will not be Accepted until all service and / or adjustments are satisfactory and the Commodity(ies) is re -delivered in acceptable condition. The costs of any Transportation and Delivery, Section 5.11, required as part of the initial or re -deliveries are the responsibility of the Contractor. The ordering Eligible User shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Eligible User will develop a corrective action plan related to the Contract deviation, which may include the Eligible User's permanent refusal to Accept the Commodity(ies), in which case the Commodity(ies) shall remain the property of the Contractor, and the Eligible User and the State will not be liable for payment for any portion thereof. 5.13 Production Cutoff A contracted Commodity's Production Cutoff is the final date on which the Manufacturer shall stop producing the final model year of a Department approved Commodity which meets the specifications, terms, and conditions the Contract. 42 The Contractor shall notify the Department of a contracted Commodity's Production Cutoff date in writing and received by the Contract Administrator no later than thirty (30) calendar days prior to the effective date of the Production Cutoff. In the event the Manufacturer should give less than thirty (30) calendar days notice of a Production Cutoff to the Contractor, the Contractor shall notify by telephone, email, and letter, the Contract Administrator no later than the next business day. When available, the Contractor agrees to immediately provide copies of the Manufacturer's notice of Production Cutoff to the Contract Administrator upon request. Additionally, upon receipt of a post Production Cutoff date Purchase Order, the Contractor shall immediately notify the issuing Eligible User's Contact Person of the Production Cutoff by telephone and using the Acknowledgement of Order form, Section 5.9. Failure of the Contractor to provide immediate notice of the Production Cutoff to the ordering Eligible User by telephone and using the Acknowledgement of Order form will be considered acceptance of the order by default, which, if necessary, shall require the provision of the next new model year of the Commodity, which meets the specifications herein, at the existing Contract prices, terms, and conditions. Upon receipt of the telephone notification and / or Acknowledgement of Order form notifying the Eligible User of the Production Cutoff, the Eligible User will have the option to cancel the Purchase Order without penalty, or maintain the Purchase Order knowledgeable of the risk of potential non-delivery without recourse. All Purchase Orders placed and maintained after proper notification of a Production Cutoff shall be subject to Commodity availability. After the Manufacturer's Production Cutoff date, the Contractor may. provide, at their discretion (unless requiredherein), a new model year of the Commodity, which meets the specifications herein, at the existing Contract prices, terms, and conditions. Note: Should the Contractor improperly notify an Eligible User of a Production Cutoff. it shall be cause for default proceedings and / or Contract termination. 5.14 Price Adjustment A Price Adjustment, consisting of a one-time percentage change to awarded Base Vehicles, may be made annually or as otherwise required by the Department, starting on the first anniversary of the Contract, during both the original and any renewal term of the Contract. 5.14.1 Any Price Adjustment shall be based on the percent change in the U.S. Department of Labor, Producer Price Index ("PPI") for Series ID: WPU141106; Not Seasonally Adjusted; Group: Transportation equipment; Item: Trucks, over 14,000 lbs. GVW; Base Date: 8200; from the Base Month to the latest month for which the non -preliminary data is available at the time of the effective date of the proposed Price Adjustment. a. Calculations for Price Adjustments will always use the latest version of the published PPI data, Series ID WPU141106 per Section 5.14.1, as of the date specified for such calculations. b. The data is available at: http://www.bls.aov/poi/home.htm. Scroll to & click on: "Series Report"; Enter Series ID "WPU141106" and scroll to and click on "Retrieve Data". 5.14.2 The Base Month for the initial Price Adjustment shall be the starting month of the Contract. Subsequent Price Adjustments will be based on the percent change in the PPI, Series ID WPU141106 per Section 5.14.1, from the latest previous Price Adjustment to the last month for which the non -preliminary data is available at the time of the requested Price Adjustment. a. Price Adjustments, unless otherwise required by the Department, will be no sooner than twelve (12) months following the start of the Contract term or the preceding Price Adjustment. 5.14.3 Price Adjustments are applicable to the Base Vehicle Commodities listed in the Section 7.1, Price Sheet & Ordering Instructions and will be made by adjusting the individual Base Vehicle 43 price for the awarded Commodity Codes by the same percentage as the change in the PPI, Series ID WPU141106 per Section 5.14.1. a. The Base Vehicle price is the awarded price submitted as part of the solicitation Response, or the adjusted Base Vehicle price as adjusted by previous Price Adjustments. b. The prices for Options, Accessories, and Discounts shall not be subject to Price Adjustments during the entire term of the Contract, including any renewals. c. Price increases shall never exceed a four percent (4%) increase over the previous price per Base Vehicle, as calculated in Section 5.14.1, and shall not exceed the current Manufacturer's MSRP. A current MSRP list must be provided to the Contract Administrator for verification at the time of the request for a Price Adjustment. Price decreases have no limit to the amount they may reduce the previous price per Base Vehicle, as calculated in Section 5.14.1. 5.14.4 The Contractor shall advise the Department of a request for Price Adjustment in writing and received by the Contract Administrator no later than sixty (60) calendar days prior to the effective date of the proposed adjustment. The Department reserves the right to implement price decreases at any time during the term of the Contract, including any renewals, per the . method described in Section 5.14.1, and the Contractor agrees to give the Department the immediate benefit of any price decrease. a. Price Adjustments are subject to approval by the Department. The Department reserves the right to accept or decline any requested Price Adjustment, or, may decline Contract renewal if a renewal is contingent upon the Department's acceptance of a Price Adjustment. b. Any approved Price Adjustment is effective for new orders placed by Eligible Users on or after the effective date of the adjustment, as approved by the Department. c. No requests for Price Adjustments will be accepted by the Department within ninety (90) calendar days of Contract expiration, during both the original and any renewal term of the Contract. 5.15 Contract Sales Summary and Transaction Fee Reports Contract Sales Summary: The Contractor is required to provide annual fiscal year Contract Sales Summaries to the Contract Manager within fifteen (15) calendar days after the end of each fiscal year during the term of the Contract, including any renewals. The fiscal year is a twelve (12) month period beginning July 1 and ending on June 30 of each year. Contract Sales Summaries shall document all orders completed, for which payment was received, during the specified fiscal year. Contract Sales Summaries will have two (2) separate components: 1. The report's first component shall specifically document the total quantity and total sales by Commodity Code sold; including Base Vehicles and Options; differentiating between Eligible User types, State Agencies and Other Eligible Users. 2. The report's second component shall specifically document all individual sales, including the sales date, Eligible User's organization name, a brief Commodity and / or contractual service description, quantity, and total sales amount. The Contractor is also required to provide partial year Contract Sales Summaries under the same terms as the annual summaries for portions of the Contract term that occur outside a complete fiscal year. These partial summaries will be due July 15, 2011 for the period beginning on the Contract Formation date and ending June 30, 2011, and within fifteen (15) calendar days after the termination of the Contract for the period beginning July 1 of the Contract's final year and ending on the Contract termination date. The Department may require additional Contract Sales Summaries for various periods of time; the Contractor shall submit these specific summaries within twenty (20) calendar days of notification. Initiation and submission of the Contract Sales Summaries are the responsibility of the Contractor without prompting or notification by the Contract Administrator. The Contractor will submit the 44 completed Contract Sales Summary forms by email to the Contract Administrator as stipulated. The Department shall distribute, in electronic format, the Contract Sales Summary forms to be used by the Contractor upon Contract Formation, Section 2.17. Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at http://dms.mvflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeprocessinqamvfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. For additional information on the Transaction Fee, reference Section 4.14, Transaction Fee. 5.16 Lobbying In accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive branch, or any State Agency. This restriction does not apply to requests of the Contractor to provide any information relating to any aspect of this Contract, if requested by any legislative, judicial, or executive branch, or any State Agency. 5.17 Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract. By way of further non - exhaustive example, the Contractor shall comply with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Contract termination. 5.18 Preferred Pricing Compliance In accordance with Chapter 2010-151, Laws of Florida, Section 48(2), the Contractor is required to submit, at least once during each year of the Contract, an Affidavit from an authorized representative of the Contractor attesting that the Contract is in compliance with Section 4.4(b), Best Pricing Offer. Contractor's failure to comply with Section 4.4(b) may be grounds for terminating the Contract, at the Department's sole discretion. The Department shall distribute the Affidavit form to be used by the Contractor upon Contract Formation, Section 2.17. [The remainder of this page is intentionally left blank (other than footer information)] 45 SECTION 6.0 TECHNICAL SPECIFICATIONS CONTENTS: 6.1 DEFINITIONS 6.2 WARRANTY 6.3 CONDITIONS 6.4 COMMODITY CHANGES 6.5 FACTORY INSTALLED AND AFTERMARKET COMPONENTS 6.6 FEDERAL AND STATE STANDARDS 6.7 ADS-1 AUTOMATIC AIR BRAKE DRAIN SYSTEM SPECIFICATIONS 6.8 BASE VEHICLE AND OPTIONS SPECIFICATIONS 6.9 TRUCK BODY SPECIFICATIONS [The remainder of this page is intentionally left blank (other than footer information)] 46 6.1 Definitions The definitions found and referenced in the Special Conditions, Section 5.1, shall apply to this Section. 6.2 Warranty The Manufacturer's Standard Warranty shall cover all Commodities and contractual services of the Contract. The Manufacturer's Standard Warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the required specifications and performance criteria. The Manufacturer's Standard Warranty coverage must be identical or exceed the most inclusive of those normally provided for the Commodities and contractual services specified herein that are sold to any State or local governments. The Manufacturer's Standard Warranty shall have a minimum term of one (1) year from the date of Acceptance, Section 5.12, and will begin only at the time of Acceptance by the Eligible User. Should the Manufacturer's Standard Warranty conflict with any requirements, specifications, terms, or conditions of the Contract, the Contract requirements, specifications, terms, and conditions shall prevail. The Manufacturer's Standard Warranty terms and conditions are not part of the Contract requirements, specifications, terms, and conditions. 6.3 Conditions All Commodities provided under the Contract must be designed, constructed, and installed to be fully suitable for their intended use and service. All Components, including Options, of the Commodities must be new and unused (other than as specified in Section 5.11 Transportation and Delivery). In addition to the specifications of the Commodities herein, the Commodities will contain all standard Components as specified by their respective Manufacturer. The Contractor shall not remove any standard Components from any vehicle provided under the Contract. 6.4 Commodity Changes The Contractor agrees that during the term of the Contract, any Commodity, which as a result of revisions, alterations, additions, or technical improvements, meets or exceeds the requirements of the Contract may be offered for prior approval to the Department before consideration for replacement of the discontinued Commodity on the Contract. If approved by the Department, any Commodity Change shall be priced the same or less as those replaced. 6.5 Factory Installed and Aftermarket Components All Components, including standard Manufacturer options and Contract Options, of the Contract Commodity Codes shall be installed by the Manufacturer, except as follows: • If the Component is specified as a Dealer installed Option or Component by the Technical Specifications, Section 6.0, or • If factory parts and Components are not installed by the Manufacturer and are required or authorized by the Manufacturer to be Dealer installed. All Dealer installed Options will be installed according to Manufacturer's specifications. All Options must be manufactured by a recognized Manufacturer of the Commodity provided, unless the Option or Accessory is not available from a recognized Manufacturer. All Options, either Factory or Dealer Installed, must meet the specifications herein, and are subject to Department approval. In the event any Component(s), including Option(s), is found to be missing from the Commodity, or is found to be incorrect or a non -approved Component(s), before or after the unit has been Accepted, 47 Section 5.12, by the Eligible User, the Contractor may be required by the Eligible User to do one of the following: • Replace the Commodity with a Commodity that meets the specifications herein, or • Install or replace the missing or incorrect Component(s) or Option(s), or • Refund the MSSRP of the missing or incorrect Component(s) or Option(s) to the Eligible User. It is the Contractor's responsibility to insure that the Commodity ordered by the Eligible User is fully compatible with all ordered Options and that the Commodity will comply with all applicable Manufacturer and industry standards. The Contractor's acceptance of the Eligible User's Purchase Order shall indicate that the Contractor agrees to deliver a Commodity that will be fully compatible with all of its Components and Options. Any changes after the delivery of the Commodity that are required to bring a Commodity into compliance with its various Components or Options due to an incorrect order by the Contractor will be accomplished at the Contractor's expense. 6.6 Federal and State Standards It is the intent of the Department that all specifications herein are in full and complete compliance with all Federal and State of Florida laws and regulations applicable to the type and class of Commodity being provided. This includes, but is not limited to, Federal Motor Equipment Safety Standards (FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection Agency (EPA) Standards, and State of Florida requirements that apply to the type and class of Commodity being provided. In addition, any Federal or State legislation that should become effective during the term of the Contract, including any renewals, regarding equipment safety shall immediately become a part of the Contract. The Contractor must meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Contractor must contact the Contract Manager immediately. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. 6.7 ADS-1 Automatic Air Brake Drain System Specifications CLEARDRAIN, OR APPROVED EQUIVALENT 6.7.1 The Automatic Air brake drain system shall be a solid-state totally automatic device, capable of purging the compressed air of the vehicle brake system. 6.7.2 The unit shall be self-cleaning, self -defrosting and self-lubricating, eliminating the use of air dryers or other devices. 6.7.3 The unit shall be activated by the ignition system of the vehicle. 6.7.4 No fuses are allowed. Circuit protection is to be circuit breakers only. 6.7.5 Unit shall be equipped with a tamper proof solid-state timer. Preset to purge the air from the wet tank for five (5) seconds at fifteen (15)-minute intervals, while the vehicles engine is operating. 6.7.6 Upon engine shutdown, the unit shall drain the wet tank to Zero (0) PSI. 6.7.7 Unit shall be capable of operating from -100 degrees F to + 185 degrees F and withstand ten (10)-G @ 1- thru 400 Hz vibration. 6.7.8 Unit shall meet all O.E.M. requirements. 6.7.9 Unit is to have a full five (5) years cost-free product warranty. 6.7.10 Unit is to be completely installed and tested on the vehicle by the manufacturer. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. 48 6.8 Base Vehicles and Options Specifications The Department provided (not including Vendor provided information) Technical Specifications for Commodity Codes representing the Contract Base Vehicles and Options are located within Section 7.1, Price Sheet. These Department provided (not including Vendor provided information) Technical Specifications are integrated here by reference. Please Note: These referenced Specifications may individually reference the Truck Body Specifications, Section 6.9. All Commodities must be new and unused (other than as specified in Section 5.11 Transportation and Delivery) for the current Manufacturer's model year, 2011 or later. All Commodities must meet the Specifications herein and are subject to prior Department approval. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. 6.9 Truck Body Specifications 6.9.1 Index COMMODITY CODE DESCRIPTION 065-290-100 Four (4) Cubic Yard Heavy -Duty Dump Body 065-290-150 Five (5) Cubic Yard Heavy -Duty Dump Body 065-290-200 Eight (8) Cubic Yard. Heavy -Duty Dump Body 065-290-300 Twelve (12) Cubic Yard. Heavy -Duty Dump Body 065-350-100 Twelve (12) Foot Flat Bed Heavy -Duty Dump Body 065-350-200 Fourteen (14) Foot Flat Bed Heavy -Duty Dump Body 065-800-200 Fourteen (14) Foot Extra Heavy -Duty Stake Body 065-800-350 Eighteen (18) Foot Extra Heavy -Duty Stake Body 065-800-450 Twenty -Two (22) Foot Extra Heavy -Duty Stake Body 065-930-100 Sixteen (16) Foot Van Body, Aluminum Dry Freight 065-930-200 Twenty (20) Foot Van Body, Aluminum Dry Freight 065-930-300 Twenty -Four (24) Foot Van Body, Aluminum Dry Freight 6.9.2 Specifications 065-290-100 (DUMP-4) FOUR (4) CUBIC YARD. HEAVY-DUTY DUMP BODY REPRESENTATIVE GALION 402U, GAR-P 217, GODWIN 300-U, HEIL MODEL MODELS: HM4YD9, JHE 309-19-4, OX BODIES 9FT4-6YD, T&T T- 200, WARREN U450-9, OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of government work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of loads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. 49 BODY REQUIREMENTS A. Capacity: 1. Minimum four (4) cubic yard capacity, water level, without sideboards. 2. Dimensions (minimum): i. Inside Length: nine (9) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: one (1) foot, seven (7) inches iv. End Heights: two (2) feet, seven (7) inches 3. This body will be used with sideboards installed by the user, so all capacity derived Toad ratings must be based on six (6) cubic yards capacity. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch I-beam structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C. Body Construction: 1. Entire body (including sides, front, rear apron, cab protector; floor, and tailgate) is to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 2. All horizontal braces and rub rails are to be sloped to allow debris and dirt to fall off. 3. Floor to side must have 45 degree slope or two (2) inch radius. 4. Top rails to be reinforced'box-type construction. 5. Minimum of two (2) vertical side braces on each side of body in addition to full depth rear corner posts. Tailgate must be reinforced with two (2) vertical braces. 6. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 7. Full -depth rear apron and a half cab protector. 8. Pockets for extension sideboards are to be provided at the front and rear of each top rail. 9. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the Aftermarket Option OEM's standard construction practice. All seams or overlapped joints shall have a full penetration weld or be welded on both sides. 10. This body shall be structurally sound at a loading of 20,400 lbs. payload. 50 HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Class 40, minimum. Hoist is to be a Galion U-740C, Godwin 816 SF, Heil 1721, Ox Bodies 84725, Warren U50-717 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 20,400 lbs. (10.2 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a pivoting, twin arm, underbody type with a single cylinder. 2. Hoist is to be a packaged unit to include a C-Channel sub frame with heavy- duty hinges, pivot type lift -arm mechanism (sliding or rolling type lift -arm mechanisms are not acceptable), direct mount hydraulic pump, and all necessary controls required for operation. 3. An OSHA approved hinged body props must be installed on each side of the sub frame. 4. Hoist provided must raise the body to a dump angle of 50 degrees, minimum. 5. Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. 6. Transmission mounted PTO shall be a Chelsea 271 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 440 or Muncie TG Series, electric -over -air shift or Approved Equivalent, for vehicles equipped with a manual transmission and air brakes; or a Chelsea 440 or Muncie TG Series, electric shift or Approved Equivalent, for vehicles equipped with a manual transmission and hydraulic brakes. All transmission PTO's shall have an SAE "B" direct mounting flange for mating with pump. System must include a light to indicate when the PTO is engaged. 7. The PTO switch, indicator light, and hydraulic pump air shift control valve (vehicles equipped with air brakes) shall be installed in a dash mounted control panel readily accessible to the driver. The PTO control for trucks equipped with automatic transmissions shall have a shielded, illuminated rocker switch in the dash mounted control panel. For trucks with air brakes the pump control shall be feathered air with a neutral safety lock to prevent accidental PTO engagement. It shall have a spring return to neutral for hoist down. The PTO controls for trucks equipped with manual transmissions without air brakes shall be electric shift and the pump control shall be cable shift with a floor mounted console or stand. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring return valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel 51 wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front corner of the seat. 8. A raised body indicator with a minimum 1-1/2 inches diameter blinking amber light on driver side of dash must be installed. The indicator shall function when the body is lifted off the sub frame, when the ignition key is on. 9. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Model 50, Donovan Enterprises, Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. E. A 100 percent parts and labor warranty covering all components of the bodies and hoists must be provided for a period of twelve (12) months with unlimited mileage. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non-conforminq Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 52 065-290-150 FIVE (5) CUBIC YARD HEAVY-DUTY DUMP BODY (DUMP-5) REPRESENTATIVE GALION 402U, GAR-P 217, GODWIN 300-U, HEIL MODEL MODELS: HM5YD10, JHE 310-23-5, OX BODIES 10FT5-7YD, T&T T- 300, WARREN U450-10 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of govemment work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of loads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Capacity: 1. Minimum five (5) cubic yard capacity, water level, without sideboards. 2. Dimensions (minimum): i. Inside Length: ten (10) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: one (1) foot, eleven (11) inches iv. End Heights: two (2) feet, six (6) inches 3. This body will be used with sideboards installed by the user, so all capacity derived Toad ratings must be based on seven (7) cubic yards capacity. B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch I-beam structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C. Body Construction: 1. Entire body (including sides, front, rear apron, cab protector, floor, and tailgate) is to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 2. All horizontal braces and rub rails are to be sloped to allow debris and dirt to 53 fall off. 3. Floor to side must have 45 degree slope or two (2) inch radius. 4. Top rails to be reinforced box -type construction. 5. Minimum of three (3) vertical side braces on each side of body in addition to full depth rear corner posts. Tailgate must be reinforced with two (2) vertical braces. 6. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 7. Full -depth rear apron and a half cab protector. 8. Pockets for extension sideboards are to be provided at the front and rear of each top rail. 9. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the Aftermarket Option OEM's standard construction practice. All seams or overlapped joints shall have a full penetration weld or to be welded on both sides. 10. This body shall be structurally sound at a loading of 24,000 lbs. payload. HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Class 50, minimum. Hoist is to be a Galion U-850C, Godwin 8826 SF, Heil 1821, Ox Bodies 84725, Warren U50-723 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 24,000 lbs. (12.0 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a pivoting, twin arm, underbody type with a single cylinder. 2. Hoist is to be a packaged unit to include a C-Channel sub frame with heavy- duty hinges, pivot type lift -arm mechanism (sliding or rolling type lift -arm mechanisms are not acceptable), direct mount hydraulic pump, and all necessary controls required for operation. 3. An OSHA approved hinged body props must be installed on each side of the sub frame. 4. Hoist provided must raise the body to a dump angle of 50 degrees, minimum. 5 Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. 6. Transmission mounted PTO shall be a Chelsea 276 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 440 or Muncie TG Series, electric -over -air shift or Approved Equivalent, forr vehicles equipped with a manual transmission and air brakes. All transmission PTO's'shall have an SAE "B" direct mount flange for mating with pump. System must include a light to indicate when the PTO is engaged 7. The PTO switch, indicator light, and hydraulic pump air shift control valve (vehicles equipped with air brakes) shall be installed in a dash mounted control panel readily accessible to the driver. 54 The PTO control for trucks equipped with automatic transmissions shall have a shielded, illuminated rocker switch in the dash mounted control panel. For trucks with air brakes the pump control shall be feathered air with a neutral safety lock to prevent accidental PTO engagement. It shall have a spring return to neutral for hoist down. The PTO controls for trucks equipped with manual transmissions without air brakes shall be electric shift and the pump control shall be cable shift with a floor mounted console or stand. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring return valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front corner of the seat. 8. A raised body indicator with a minimum 1-1/2 inches diameter blinking amber light on driver side of dash must be installed. The indicator shall function when the body is lifted off the sub frame, when the ignition key is on. 9. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Inc. Model 50, Donovan Enterprises, Inc. Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. E. A 100 percent parts and labor warranty covering all components of the bodies and hoists must be provided for a period of twelve (12) months with unlimited mileage. • NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 55 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non-conforminq Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 56 065-290-200 EIGHT (8) CUBIC YARD HEAVY-DUTY DUMP BODY (DUMP-8) REPRESENTATIVE GALION 502U, GAR-P 85, GODWIN 400-U, 7726SF, HEIL MODELS: MODEL HH8YD12, JHE 312-30-8, OX BODIES 12FT8- 10YD, T&T TT-100, WARREN 650-12 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of government work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of loads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Capacity: 1 Minimum eight (8) cubic yard capacity, water level, without sideboards. 2 Dimensions (minimum): i. Inside Length: twelve (12) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: two (2) feet, six (6) inches iv. End Heights: three (3) feet, three (3) inches 3 This body will be used with sideboards installed by the user, so all capacity derived load ratings must be based on ten (10) cubic yards capacity. B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch I-beam structural steel longitudinal beams and four (4) inch I-beam structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on both sides to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C. Body Construction: 1. Entire body (including sides, front, rear apron, cab protector, floor, and tailgate) is to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 57 2. All horizontal braces and rub rails are to be sloped to allow debris and dirt to fall off. 3. Floor to side must have 45 degree slope or two (2) inch radius. 4. Top rails to be reinforced box -type construction. 5. Minimum of four (4) vertical side braces on each side of body in addition to full depth rear corner posts. Tailgate must be reinforced with two (2) vertical braces and one (1) horizontal brace. 6. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 7. Full -depth rear apron and a half cab protector. 8. Pockets for extension sideboards are to be provided at the front and rear of each top rail. 9. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the Aftermarket Option OEM's standard construction practice. All seams or overlapped joints shall have a full penetration weld or to be welded on both sides. 10. This body shall be structurally sound at a loading of 34,000 lbs. payload. HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Class 70, minimum. Hoist is to be a Galion U7770-A, Godwin 824SF, Heil 2724, Warren U90-7724 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 34,000 lbs. (17.0 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a pivoting, twin arm, underbody type with twin cylinders. 2. Hoist is to be a packaged unit to include a C-Channel sub frame with heavy- duty hinges, pivot type lift -arm mechanism (sliding or rolling type lift -arm mechanisms are not acceptable), direct mount hydraulic pump, and all necessary controls required for operation. 3. An OSHA approved hinged body props must be installed on each side of the sub frame. 4. Hoist provided must raise the body to a dump angle of 50 degrees, minimum. 5. SINGLE AXLE DUMPS Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. TANDEM AXLE TRUCKS Hydraulic pump must be a direct mount or remote mount only on an automatic transmission. The pump shall be air shift. The direct mount flange shall be an SAE "B" compatible with PTO. Remote mount hydraulic pumps shall have a sufficient driveline as short as practical with 1000 series needle bearing u- joints aligned properly for long life. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. 58 6. Transmission mounted PTO shall be a Chelsea 276 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 230 or Muncie TG Series, electric -over -air shift or Approved Equivalent, for vehicles equipped with a manual transmission. All transmission PTO's shall have an SAE "B" direct mount flange for mating with pump. System must include a Tight to indicate when the PTO is engaged 7. The PTO switch, indicator light, and hydraulic pump air shift control valve (vehicles equipped with air brakes) shall be installed in a control tower located between the driver and passenger seats or dash mounted control panel readily accessible to the driver. The PTO control for trucks equipped with automatic transmissions shall have a shielded, illuminated rocker switch in the dash mounted control panel. For trucks with air brakes the pump control shall be feathered air with a neutral safety lock to prevent accidental PTO engagement. It shall have a spring return to neutral for hoist down. The PTO controls for trucks equipped with manual transmissions without air brakes shall be electric shift and the pump control shall be cable shift with a floor mounted console or stand. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring return valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front corner of the seat. 8. A raised body indicator with a minimum 1-1/2 inches diameter blinking amber light on driver side of dash must be installed. The indicator shall function when the body is lifted off the sub frame, when the ignition key is on. 9. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Inc. Model 50, Donovan Enterprises, Inc. Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE./ ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or approved equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but 59 a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. E. A 100 percent parts and labor warranty covering all components of the bodies and hoists must be provided for a period of twelve (12) months with unlimited mileage. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 60 065-290-300 TWELVE CUBIC YARD HEAVY-DUTY DUMP BODY (DUMP-12) REPRESENTATIVE GALION 502F, GAR-P 86, GODWIN 400-T, HEIL MODEL MODELS: HPT-HD12YD14, JHE 314-40-12, OX BODIES 14FT12- 14YD, T&T TT-200, WARREN FL650-14 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of government work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of Toads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Capacity: 1. Minimum twelve (12) cubic yard capacity, water level, without sideboards. 2. Dimensions (minimum): i. Inside Length: fourteen (14) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: three (3) feet, four (4) inches iv. End Heights: four (4) feet, zero (0) inches This body will be used with sideboards installed by the user, so all capacity derived load ratings must be based on fourteen (14) cubic yards capacity. B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch I-beam structural steel longitudinal beams and four (4) inch I-beam structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on both sides to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C Body Construction: Sides, front, rear apron, cab protector, and tailgate are to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 61 2. Floor is to be constructed with minimum 3/16 inch gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 3. All horizontal braces and rub rails are to be sloped to allow debris and dirt to fall off. 4. Floor to side must have 45 degree slope or two (2) inch radius. 5. Top rails to be reinforced box -type construction. 6. Minimum of five (5) vertical side braces or one (1) full length horizontal brace on each side of body in addition to full depth rear comer posts. Tailgate must be reinforced with two (2) vertical and two (2) horizontal braces. 7. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 8. Full -depth rear apron and a half cab protector. 9. Pockets for extension sideboards are to be provided at the front and rear of each top rail. 10. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the manufacturer's standard construction practice. All seams or overlapped joints shall have a full penetration weld or to be welded on both sides. 11. This body shall be structurally sound at a loading of 47,600 lbs. payload. HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Class 110, minimum. Hoist is to be a Galion FD73126-A, Godwin 63-120, Heil HPT63-120, Ox Bodies 73110-14, Warren VTLW63110 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 47,600 lbs. (23.8 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a front mount, telescopic type. 2. Hoist is to be a packaged unit to include heavy-duty hinges, direct mount hydraulic pump, and all necessary controls required for operation. 3. An OSHA approved hinged body props must be installed on each side of the body. 4. Hoist provided must raise the body to a dump angle of 50 degrees. minimum. 5. SINGLE AXLE DUMPS: Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable, controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. TANDEM AXLE TRUCKS: Hydraulic pump must be a direct mount or remote mount only on an automatic transmission. The pump shall be air shift. The direct mount flange shall be an SAE "B" compatible with PTO. Remote mount hydraulic pumps shall have a sufficient driveline as short as practical with 1000 series needle bearing u- joints aligned properly for long life. 6. Transmission mounted PTO shall be a Chelsea 276 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or 62 Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 230 or Muncie TG Series, electric -over -air shift or Approved Equivalent, for vehicles equipped with a manual transmission. All transmission PTO's shall have an SAE "B" direct mount flange for mating with pump. System must include a light to indicate when the PTO is engaged 7. The PTO switch, indicator light, and hydraulic pump air shift control valve (vehicles equipped with air brakes) shall be installed in a control tower located between the driver and passenger seats or dash mounted control panel readily accessible to the driver. The PTO control for trucks equipped with automatic transmissions shall have a shielded, illuminated rocker switch in the dash mounted control panel. For trucks with air brakes the pump control shall be feathered air with a neutral safety lock to prevent accidental PTO engagement. It shall have a spring return to neutral for hoist down. The PTO controls for trucks equipped with manual transmissions without air brakes shall be electric shift and the pump control shall be cable shift with a floor mounted console or stand. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring return valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front corner of the seat. 8. A raised body indicator with a minimum 1-1/2 inch diameter blinking amber Tight on driver side of dash must be installed. The indicator shall function when the body is lifted off the frame, when the ignition key is on. 9. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Inc. Model 50, Donovan Enterprises, Inc. Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. E. A 100 percent parts and labor warranty covering all components of the bodies 63 and hoists must be provided fora period of twelve (12) months with unlimited mileage. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 64 065-350-100 TWELVE 12 FOOT FLAT BED HEAVY-DUTY DUMP BODY (FLAT-12) REPRESENTATIVE GALION PLD, GAR-P 12 FLAT, GODWIN 300-U, HEIL MODELS: CONTRACTORS BODY, JHE 12D4B-12, OX BODIES 12FT FLAT DUMP TRANSTAT 12 FOOT, T&T FD 12, WARREN C450-12 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of government work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of Toads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Capacity: 1. Minimum three (3) cubic yard capacity, water level, without sideboards. 2. Dimensions (minimum): i. Inside Length: twelve (12) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: one (1) foot, zero (0) inches iv. End Heights: one (1) foot, zero (0) inches 3. All capacity derived load ratings must be based on four (4) cubic yards capacity. B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch C-channel structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C. Body Construction: 1. Entire body (including sides, front, rear apron, cab protector, floor, and tailgate) is to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 65 2. All horizontal braces and rub rails are to be sloped to allow debris and dirt to fall off. 3. Front bulkhead to be forty-two (42) inches high, minimum, with a 12 inch Height x 24 inch Width window, covered with seven (7) gauge expanded metal. Bulkhead to have four (4), three (3) inch C-channel vertical braces, two (2) of which must be welded to the longitudinal beams and two (2) welded to outside rub rails. 4. Top rails to be reinforced box -type construction with stake pockets. 5. Minimum of five (5) vertical side braces on each side of body in addition to full depth rear corner posts. Tailgate must be reinforced with two (2) vertical braces. 6. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 7. Full -depth rear apron and a quarter cab protector. 8. Tailgate is to be double-acting with upper and lower hinges. 9. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the Aftermarket Option OEM's standard construction practice. All seams or overlapped joints shall have a full penetration weld or to be welded on both sides. 10. This body shall be structurally sound at a loading of 13,600 lbs. payload. HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Range E, minimum. Hoist is to be a Galion CD44250, Godwin G4250T, Heil 2T52-56, Ox Bodies 5390T, Warren CFT- 4243 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 13,600 lbs. (6.8 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a direct lift (scissors type are not acceptable) with twin multistage telescopic cylinders. 2. Hoist cylinders shall be mounted on the inside of the truck frame. 3. Hoist is to be a packaged unit to include lift mechanism, direct mount hydraulic pump, and all necessary controls required for operation. 4. An OSHA approved hinged body props must be installed on each side of the body. 5. Hoist provided must raise the body to a dump angle of 45 degrees, minimum. 6. Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. 7. Transmission mounted PTO shall be a Chelsea 271 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 440 or Muncie TG Series, electric -over -air shift or Approved Equivalent, for vehicles equipped with a manual transmission and air brakes; or a Chelsea 440 or Muncie TG Series, electric shift or Approved Equivalent, for vehicles equipped with a manual transmission and hydraulic brakes. All transmission PTO's shall have an SAE `B" direct mount flange for mating with pump. System must include a light to indicate when the PTO is engaged 66 8. The PTO switch, indicator light, and hydraulic pump air shift control valve (vehicles equipped with air brakes) shall be installed in a dash mounted control panel readily accessible to the driver. The PTO control for trucks equipped with automatic transmissions shall have a shielded, illuminated rocker switch in the dash mounted control panel. For trucks with air brakes the pump control shall be feathered air with a neutral safety lock to prevent accidental PTO engagement. It shall have a spring return to neutral for hoist down. The PTO controls for trucks equipped with manual transmissions without air brakes shall be electric shift and the pump control shall be cable shift with a floor mounted console or stand. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring retum valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front corner of the seat. 9. A raised body indicator with a minimum 1-1/2 inch diameter blinking amber light on driver side of dash must be installed. The indicator shall function when the body is lifted off the frame, when the ignition key is on. 10. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Inc. Model 50, Donovan Enterprises, Inc. Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard 67 production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm, or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] 68 065-350-200 FOURTEEN (14) FOOT FLAT BED HEAVY-DUTY DUMP BODY (FLAT-14) REPRESENTATIVE GALION PLD, GAR-P 14 FLAT, GODWIN 300-U, HEIL MODELS: CONTRACTORS BODY, JHE 14D4B-14, OX BODIES 14FT FLAT DUMP, TRANSTAT 14 FOOT, T&T FD 14, WARREN C450-14 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dump body and hoist combination to be used by the State and various political subdivisions. Due to the nature of government work, any body/hoist combination delivered under this specification may be subject to use under adverse conditions such as dumping on road shoulders at a slight angle and spot dumping of loads. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Capacity: 1. Minimum 3.5 cubic yard capacity, water level, without sideboards. 2. Dimensions (minimum): i. Inside Length: fourteen (14) feet, zero (0) inches ii. Inside Width: seven (7) feet, zero (0) inches iii. Side Height: one (1) foot, zero (0) inches iv. End Heights: one (1) foot, zero (0) inches 3. All capacity derived Toad ratings must be based on 4.5 cubic yards capacity. B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch C-channel structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 1/4 inch steel plate, and welded to the rub rail on each end. C. Body Construction: 1. Entire body (including sides, front, rear apron, cab protector, floor, and tailgate) is to be constructed with minimum eight (8) gauge hi -tensile (minimum 45,000 PSI yield strength) steel plate. 2. All horizontal braces and rub rails are to be sloped to allow debris and dirt to 69 fall off. 3. Front bulkhead to be forty-two (42) inches high, minimum, with a 12 inch Height x 24 inch Width window, covered with seven (7) gauge expanded metal. Bulkhead to have four (4), three (3) inch C-channel vertical braces, two (2) of which must be welded to the longitudinal beams and two (2) welded to outside rub rails. 4. Top rails to be reinforced box -type construction with stake pockets. 5. Minimum of five (5) vertical side braces on each side of body in addition to full depth rear corner posts. Tailgate must be reinforced with two (2) vertical braces. 6. Body to be equipped with heavy-duty hardware, fabricated steel tailgate hinges, and double thickness spreader chain key slots. 7. Full -depth rear apron and a quarter cab protector. 8. Tailgate is to be double-acting with upper and lower hinges. 9. Continuous weld construction is required throughout. A suitable chain weld is acceptable for the top rail only, if that is part of the manufacturer's standard construction practice. All seams or overlapped joints shall have a full penetration weld or to be welded on both sides. 10. This body shall be structurally sound at a loading of 15,300 lbs. payload. HOIST REQUIREMENTS: A. Capacity: 1. Hoist provided is to be an N.T.E.A. Range E, minimum. Hoist is to be a Galion CD44250, Godwin G4250T, Heil 2T52-56, Ox Bodies 5390T, Warren CFT- 4243 or Approved Equivalent. 2. Hoist must be rated by the vendor for a payload of 15,300 lbs. (7.6 tons) plus the weight of the body supplied, minimum. Vendor should consider anticipated rear overhang when rating hoist capacity. B. Type: 1. Hoist is to be a direct lift (scissors type are not acceptable) with twin multistage telescopic cylinders. 2. Hoist cylinders shall be mounted on the inside of the truck frame. 3. Hoist is to be a packaged unit to include lift mechanism, direct mount hydraulic pump, and all necessary controls required for operation. 4. An OSHA approved hinged body props must be installed on each side of the body. 5. Hoist provided must raise the body to a dump angle of 45 degrees, minimum. 6. Hydraulic pump must be a direct mount, pump / valve design with an SAE "B" mounting flange to the transmission PTO. The pump shall include an air shift control valve for vehicles equipped with air brakes and a cable controlled valve for vehicles equipped with hydraulic brakes. Vendor must supply hydraulic pump and reservoir, all adapters, couplings, hoses, fittings, etc. sized and required for proper operation. 7. Transmission mounted PTO shall be a Chelsea 271 or Muncie CS Series, electric -over -hydraulic shift, with over speed control when specified or Approved Equivalent for vehicles equipped with an automatic transmission; or a Chelsea 440 or Muncie TG Series, electric -over -air shift or Approved Equivalent, for vehicles equipped with a manual transmission and air brakes; or a Chelsea 440 or Muncie TG Series, electric shift or Approved Equivalent, for vehicles equipped with a manual transmission and hydraulic brakes. All transmission PTO's shall have an SAE "B" direct mount flange for mating with pump. System must include a light to indicate when the PTO is engaged 8. The PTO switch, indicator light and hydraulic pump air shift control valve 70 (vehicles equipped with air brakes) shall be installed in a dash mounted control panel readily accessible to the driver. The shift controls shall include a mechanical safety interlock to prevent accidental PTO engagement, automatic PTO disengagement when in the "lower" position (to prevent the PTO from being accidentally left in gear); spring return valve (dead man control) in the "raise" position, and controlled lowering (feathering) for smooth dump body decent. Controls to be Chelsea 329144X "PTO/dump pump combo valve" or Muncie K90D "PTO/pump valve" or Approved Equivalent. Vehicles equipped with hydraulic brakes shall have a dash mounted PTO switch and a stainless steel wire, vinyl covered cable to operate the hydraulic pump valve. The cable must be located accessibly, on the floor between the driver's door and the left front comer of the seat. 9. A raised body indicator with a minimum 1-1/2 inch diameter blinking amber light on driver side of dash must be installed. The indicator shall function when the body is lifted off the frame, when the ignition key is on. 10. Note: In the event that the above combinations present problems, it is the bidder's responsibility to offer solutions based on the newest product available to meet the using agencies needs. OTHER REQUIREMENTS: A. Electric roll -up dump body cover installed and ready for use. Tarp to be heavy- duty vinyl mesh, dark color only. Tarp system must include a direct drive gear motor assembly, underbody or side mount spring assembly and a control switch mounted inside the cab readily accessible to the driver. Arm assembly shall be constructed from steel tubing. All metal parts to be painted as necessary to match body. Aero Industries, Inc. Model 50, Donovan Enterprises, Inc. Model 5000 EL-D; Pioneer Model EDD 1500D; Roll -Rite Corp. Model RR503; or Approved Equivalent. B. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. C. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Center' or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. Vendor is not required to finish paint the inside of the body, but a minimum of one (1) coat of primer must cover the entire inside of the body. D. Hoist is to be painted to match truck frame. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and 1 or Contract termination. 71 065-800-200 FOURTEEN (14) FOOT EXTRA HEAVY-DUTY STAKE BODY (STAKE-14) REPRESENTATIVE GAR-P 14 STAKE, GODWIN PLATFORM-14, JHE 14F4C- MODELS: ST, KNAPHEIDE PCHT-143A, OX BODIES 14FT STEEL FLAT, READING EH/OEH14D, RIVERS EXTRA HD 14, TRANSTAT 14, T&T FS 14, TRUCK EQUIP SERIES 1500-S, WARREN PC450-14 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a stake body to be used by the State and various political subdivisions. Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: i. Length: fourteen (14) feet, zero (0) inches (minimum) ii. Width: eight (8) feet, zero (0) inches (maximum) B. Under structure Construction: 1. Under structure to consist of two (2), six (6) inch C-channel structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 3/16 inch steel plate, and welded to the side rail on each end. C. Body Construction: 1. Floor is to be constructed with minimum 3/16 inch hi -tensile (minimum 45,000 PSI yield strength) steel deck plate. 2. Minimum forty (40) inch high racks must be installed on both sides and rear. Racks must have four (4) horizontal slats and must be spaced twenty-four (24) inches off -center. All racks must lock into pockets and lift out individually. Each rack section must connect to the adjoining section with a quick -release gate latch. 3. Permanently installed front bulkhead to be forty (40) inches high, minimum, with a 12 inch Height x 24 inch Width window, covered with seven (7) gauge expanded metal, or Approved Equivalent. Bulkhead to have four (4), three (3) inch C-channel vertical braces, two (2) of which must be welded to each longitudinal, and two (2) welded to the end of side rails, or Approved Equivalent. 4. One (1), fourteen (14) gauge steel under box is to be installed on the curbside of the body. Box is to be 18 inch Height x 18 inch Depth x 30 inch Length, 72 minimum dimensions. Knapheide TB30A, Omaha Standard U30-B, Reading U-30 or Approved Equivalent. 5. Continuous weld construction is required throughout. 6. This body shall be structurally sound at a loading of 15,000 lbs. payload. OTHER REQUIREMENTS: A. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. B. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. C. An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 73 065-800-350 EIGHTEEN (18) FOOT EXTRA HEAVY-DUTY STAKE BODY (STAKE-18) REPRESENTATIVE GAR-P 18 STAKE, GODWIN PLATFORM-18, JHE 18F4C- MODELS: ST, KNAPHEIDE PCHT-183A, OX BODIES 18FT STEEL FLAT,READING EH/OEH18D, RIVERS EXTRA HD 18, TRANSTAT 18, T&T FS 18, TRUCK EQUIP SERIES 1500-S, WARREN PC450-18 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a stake body to be used by the State and various political subdivisions. Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: i. Length: eighteen (18) feet, zero (0) inches (minimum) ii. Width: eight (8) feet, zero (0) inches (maximum) B. Under structure Construction: 1. Under structure to consist of two (2), seven (7) inch C-channel structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 3/16 inch steel plate, and welded to the side rail on each end. C. Body Construction: 1. Floor is to be constructed with minimum 3/16 inch hi -tensile (minimum 45,000 PSI yield strength) steel deck plate. 2. Minimum forty (40) inch high racks must be installed on both sides and rear. Racks must have four (4) horizontal slats and must be spaced twenty-four (24) inches off -center. All racks must lock into pockets and lift out individually. Each rack section must connect to the adjoining section with a quick -release gate latch. 3. Permanently installed front bulkhead to be forty (40) inches high, minimum, with a 12 inch Height x 24 inch Width window, covered with seven (7) gauge expanded metal, or Approved Equivalent. Bulkhead to have four (4), three (3) inch C-channel vertical braces, two (2) of which must be welded to each longitudinal, and two (2) welded to the end of side rails, or Approved Equivalent. 4. One (1), fourteen (14) gauge steel under box is to be installed on the curbside of the body. Box is to be eighteen (18) inch H x eighteen (18) inch D x thirty 74 (30) inch L, minimum dimensions. Knapheide TB30A, Omaha Standard U30-B, Reading U-30 or Approved Equivalent. 5. Continuous weld construction is required throughout. 6. This body shall be structurally sound at a loading of 15,000 lbs. payload. OTHER REQUIREMENTS: A. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. B. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. C. An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] 75 065-800-450 TWENTY-TWO (22) FOOT EXTRA HEAVY-DUTY STAKE BODY (STAKE-22) REPRESENTATIVE GAR-P 22 STAKE, GODWIN PLATFORM-22, JHE 22F4C- MODELS: ST, KNAPHEIDE PCHT-223A, OX BODIES 22FT STEEL FLAT,READING EH/OEH22D, RIVERS EXTRA HD 22, TRANSTAT 22, T&T FS 22, TRUCK EQUIP SERIES 1500-S, WARREN PC450-22 OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a stake body to be used by the State and various political subdivisions. Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: i. Length: twenty-two (22) feet, zero (0) inches (minimum) ii. Width: eight (8) feet, zero (0) inches (maximum) B. Under structure Construction: 1. Under structure to consist of two (2), seven (7) inch C-channel. structural steel longitudinal beams and four (4) inch C-channel structural steel transverse members. 2. Transverse members are to be evenly spaced along the longitudinal beams; however, in no case shall there be spacing greater than twelve (12) inches off - center between transverse members. 3. Transverse member fabrication and installation must meet the following requirements: extend the entire width of the body, welded on the web side to the longitudinal beams, gusseted to each longitudinal with 3/16 inch steel plate, and welded to the side rail on each end. C. Body Construction: 1. Floor is to be constructed with minimum 3/16 inch hi -tensile (minimum 45,000 PSI yield strength) steel deck plate. 2. Minimum forty (40) inch high racks must be installed on both sides and rear. Racks must have four (4) horizontal slats and must be spaced twenty-four (24) inches off -center. All racks must lock into pockets and lift out individually. Each rack section must connect to the adjoining section with a quick -release gate latch. 3. Permanently installed front bulkhead to be forty (40) inches high, minimum, with a 12 inch Height x 24 inch Width window, covered with seven (7) gauge expanded metal, or Approved Equivalent. Bulkhead to have four (4), three (3) inch C-channel vertical braces, two (2) of which must be welded to each longitudinal, and two (2) welded to the end of side rails, or Approved Equivalent. 4. One (1), fourteen (14) gauge steel under box is to be installed on the curbside of the body. Box is to be eighteen (18) inch H x eighteen (18) inch D x thirty 76 (30) inch L, minimum dimensions. Knapheide TB30A, Omaha Standard U30- B, Reading U-30 or Approved Equivalent. 5. Continuous weld construction is required throughout. 6. This body shall be structurally sound at a loading of 15,000 lbs. payload. OTHER REQUIREMENTS: A. All lights and reflectors shall be installed in shock -mounted recessed fixtures, in accordance with SAE / ICC Regulations. B. Body is to be painted with two (2) coats of rust -inhibiting primer and one (1) coat of finish paint. Finish paint is to be DuPont Centari or Approved Equivalent only. Body color is to match the lower portion of the truck cab. Vendor must consider optional paint schemes in the detailed truck specifications. C. An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] 77 065-930-100 SIXTEEN (16) FOOT VAN BODY, ALUMINUM, DRY FREIGHT (FREIGHT-16) REPRESENTATIVE AMERICAN COMMERCIAL DF 16, AMH MODEL 91, MODELS: KIDRON MODEL 16, LYNCOACH, MICKEY, RIVERS, SUPREME, TROJAN OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dry freight body to be used by the State and various political subdivisions. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: All aluminum van body. Note: Fiberglass will not be accepted for any part of the side walls, front wall, or roof. The following are minimum inside dimensions: i. Length: sixteen (16) feet, zero (0) inches (minimum) ii. Width: seven (7) feet, three (3) inches (maximum) iii. Height: seven (7) feet, six (6) inches iv. Height Over Rear Door: seven (7) feet, zero (0) inches v. Width At Rear Door: seven (7) feet, zero (0) inches B. Under structure construction: Body under frame to consist of lateral crossmembers on maximum sixteen (16) inch centers welded to two (2) longitudinal members. Gussets to be provided as needed for strength. Under frame to be all welded steel construction. C. Body construction: 1. Minimum 1-1/8 inch hardwood floor throughout. 2. Walls of body to be lined with minimum 1/4 inch plywood up to the roof. 3. Minimum twenty-four (24) inch high overlay, of minimum eleven (11) gauge smooth aluminum on lower portion of interior walls. 4. Body interior walls to have recessed "D-Rings" approximately forty-two (42) inches from floor on minimum forty-eight (48) inch centers. 5. Roll -up rear door with lockable swing -type latch. (Whiting, Todco or Approved Equivalent). 6. Stirrup steps and grab handles, one (1) each on each rear corner. 7. Exterior panels to be minimum .040 inch smooth prepainted white aluminum. 8. Roof to be minimum .032 inch one (1) piece aluminum. 9. Sides and front vertical wall posts to be on sixteen (16) inch centers and roof bows to be on twenty-four (24) inch centers. 10. Front corner posts and upper castings to be of aerodynamic design to reduce coefficient of drag. 11. All lights and reflectors shall be installed in accordance with SAE / ICC regulations. 12. Two (2) interior dome lights with switches. 78 13. An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 79 065-930-200 TWENTY (20) FOOT VAN BODY, ALUMINUM, DRY FREIGHT (FREIGHT-20) REPRESENTATIVE AMERICAN COMMERCIAL DF 20, AMH MODEL 91, MODELS: KIDRON MODEL 20, LYNCOACH, MICKEY, RIVERS, SUPREME, TROJAN OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dry freight body to be used by the State and various political subdivisions. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: All aluminum van body. Note: Fiberglass will not be accepted for any part of the side walls, front wall, or roof. The following are minimum inside dimensions: i. Length: twenty (20) feet, zero (0) inches (minimum) ii. Width: seven (7) feet, three (3) inches (maximum) iii. Height: seven (7) feet, six (6) inches iv. Height Over Rear Door: seven (7) feet, zero (0) inches v. Width At Rear Door: seven (7) feet, zero (0) inches B. Under structure construction: Body underframe to consist of lateral cross members, on maximum sixteen (16) inch centers, welded to two (2) longitudinal members. Gussets to be provided as needed for strength. Underframe to be all welded steel construction. C. Body construction: 1. Minimum 1 1/8 inch hardwood floor throughout. 2. Walls of body to be lined with minimum 1/4 inch plywood up to the roof. 3. Minimum twenty-four (24) inch high overlay, of minimum eleven (11) gauge smooth aluminum on lower portion of interior walls. 4. Body interior walls to have recessed "D-Rings" approximately forty-two (42) inches from floor on minimum forty-eight (48) inch centers. 5. Roll -up rear door with lockable swing -type latch. (Whiting, Todco or Approved Equivalent). 6. Stirrup steps and grab handles, one (1) each on each rear corner. 7. Exterior panels to be minimum .040 inch smooth prepainted white aluminum. 8. Roof to be minimum .032 inch one-piece aluminum. 9. Sides and front vertical wall posts to be on sixteen (16) inch centers and roof bows to be on twenty-four (24) inch centers. 10. Front corner posts and upper castings to be of aerodynamic design to reduce coefficient of drag. 11. All lights and reflectors shall be installed in accordance with SAE / ICC regulations. 12. Two (2) interior dome lights with switches. 80 13. An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information).] 81 065-930-300 TWENTY-FOUR (24) FOOT VAN BODY, ALUMINUM, DRY FREIGHT (FREIGHT-24) REPRESENTATIVE AMERICAN COMMERCIAL DF 24, AMH MODEL 91, MODELS: KIDRON MODEL 24, LYNCOACH, MICKEY, RIVERS, SUPREME, TROJAN OR APPROVED EQUIVALENT The requirements specified herein apply to all bodies supplied with trucks purchased under the terms and conditions of this contract. The intent of this specification is to provide minimum requirements for a dry freight body to be used by the State and various political subdivisions. Vendor will be held responsible for supplying equipment that will withstand this intended use for the life of the chassis (approximately ten (10) years). Parts and service must be readily available throughout the Purchasing District(s) bid. BODY REQUIREMENTS: A. Dimensions: All aluminum van body. Note: Fiberglass will not be accepted for any part of the side walls, front wall, or roof. The following are minimum inside dimensions: i. Length: twenty-four (24) feet, zero (0) inches (minimum; ii. Width: seven (7) feet, three (3) inches (maximum) iii. Height: seven (7) feet, six (6) inches iv. Height Over Rear Door: seven (7) feet, zero (0) inches v. Width At Rear Door: seven (7) feet, zero (0) inches B. Under structure construction: Body under frame to consist of lateral crossmembers on maximum sixteen (16) inch centers welded to two longitudinal members. Gussets to be provided as needed for strength. Underframe to be all welded steel construction. C. Body construction: 1. Minimum 1 1/8 inch hardwood floor throughout. 2. Walls of body to be lined with minimum 1/4 inch plywood up to the roof. 3. Minimum twenty-four (24) inch high overlay, of minimum eleven (11) gauge smooth aluminum on lower portion of interior walls. 4. Body interior walls to have recessed "D-Rings" approximately forty-two (42) inches from floor on minimum forty-eight (48) inch centers. 5. Roll -up rear door with lockable swing -type latch. (Whiting, Todco or Approved Equivalent). 6. Stirrup steps and grab handles, one (1) each on each rear comer. 7. Exterior panels to be minimum .040 inch smooth prepainted white aluminum. 8. Roof to be minimum .032 inch one (1) piece aluminum. 9. Sides and front vertical wall posts to be on sixteen (16) inch centers, and roof bows to be on twenty-four (24) inch centers. 10 Front corner posts and upper castings to be of aerodynamic design to reduce coefficient of drag. 11 All lights and reflectors shall be installed in accordance with SAE / ICC regulations. 12 Two (2) interior dome lights with switches. 82 13 An ICC type rear bumper must be installed on all trucks with this type body. NOTES: 1. The body specified herein is not intended to be a standard production body, however if the materials or workmanship used in a standard production body exceed these specifications in any way, and then said features of the standard production body shall apply. 2. An electric backup alarm and mudflaps are included with all "base" units. Do not include price for backup alarm or mudflaps in body price. 3. In order for a body to receive an Approved Equivalent rating, the manufacturer must have constructed a minimum of 200 units of the same size and type, as well as meeting all requirements of the detailed specifications. Delivery of non -conforming Commodities and contractual services, which are not remedied as required herein, shall be cause for default proceedings and / or Contract termination. [The remainder of this page is intentionally left blank (other than footer information)] 83 SECTION 7.0 PRICE SHEET AND FORMS CONTENTS: 7.1 PRICE SHEET (MICROSOFT EXCEL"' ATTACHMENT REQUIRING SEPARATE DOWNLOAD; SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.2 SOLICITATION PREPARATION CHECKLIST (SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.3 MANUFACTURER'S CERTIFICATION (SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES), 7.4 SAVINGS / PRICE REDUCTIONS (SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.5 ORDERING INSTRUCTIONS FORM (SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.6 CONTRACT SIGNATURE PAGE (PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER, SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) 7.7 CERTIFICATION OF DRUG -FREE WORKPLACE (SUBMITTED ORIGINAL(S) SHALL BE MAINTAINED BY THE DEPARTMENT OF MANAGEMENT SERVICES) [The remainder of this page is intentionally left blank (other than footer information).] 84 7.2 Solicitation Preparation Checklist The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all requirements of this solicitation are met with submittal of their response. Check off each of the following as you comply: The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting and payment requirements as specified in the requirements, terms, and conditions of all previous or existing agreements with State of Florida agencies. Download, read, understand, and agree to the entire solicitation, including all attachments (ITB No. 01-070-700-S; Medium & Heavy Trucks: Sections 1.0 through 7.7 of the solicitation, and the MyFloridaMarketPlace RFX Info tab contents). Review and abide by the Timeline, Section 1.2 of the solicitation. If necessary, review the MyFloridaMarketPlace Sourcing Tool Online Training Guide and / or receive assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or vendorhelp(amvfloridamarketplace.com. Submit any questions via the MyFloridaMarketPlace Q&A Board, no later than as specified in the Timeline, Section 1.2 of the solicitation. View the Department's Answers to the submitted Vendor Questions as posted in any Addendum or Amendment to the solicitation on the MyFloridaMarketPlace Sourcing Tool and / or Vendor Bid System. Download the Price Sheet (Section 7.1), review carefully, enter required pricing and information on the Price Sheet, and upload the Price Sheet to the MyFloridaMarketPlace Sourcing Tool as required. Provide answers to all required questions within the MyFloridaMarketPlace Sourcing Tool. Submit response using the MyFloridaMarketPlace Sourcing Tool. Download, review carefully, complete, and mail any required documents and forms specified in Section 3.8, Submittal of Response, of the solicitation documents to the attention of: Christopher P. Walker, FCCM Purchasing Analyst Division of State Purchasing Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, FL 32399-0950 The outer packaging shall clearly state Solicitation Title, Solicitation Number, and Solicitation Opening Date and Time. 85 7.3 Manufacturer's Certification THIS IS TO CERTIFY THAT IS THE MANUFACTURER (RESPONDENTS NAME) OR A MANUFACTURER'S AUTHORIZED DEALER OF (MANUFACTURER / BRAND NAME) IN THE STATE OF FLORIDA. BY: MANUFACTURER NAME: ADDRESS: TELEPHONE NUMBER: E-MAIL: AUTHORIZED SIGNATURE: TITLE: PLEASE NOTE: THIS CERTIFICATION FORM MUST BE EXECUTED BY AN AUTHORIZED EMPLOYEE OF THE MANUFACTURER ONLY. DEALERS / REPRESENTATIVES ARE NOT AUTHORIZED TO EXECUTE THIS CERTIFICATION FORM ON BEHALF OF THE MANUFACTURER. THE MANUFACTURER MUST EXECUTE THIS CERTIFICATION FORM EVEN IF THEY ARE OFFERING THEIR OWN PRODUCTS. FAILURE TO SUBMIT THIS CERTIFICATION FORM WITH THE RESPONSE AS REQUIRED SHALL RESULT IN THE DISQUALIFICATION OF THE RESPONSE. 86 7.4 Savings / Price Reductions The Respondent is required to fumish the percent (%) savings in prices offered compared to MSRP, retail, list, published, or other usual and customary prices that would be paid by the purchaser without benefit of a contract resulting from this solicitation. DATE: Competitive prices offered in Section 7.1, Price Sheet, provide fin the Table Below, Insert Savings % for Commodities Offered/ % savings off of the MSRP, retail, list, published, or other usual and customary prices for: ''GOMMODITYGODENO: .I :AV,ERAiGMSAV.INGS'OFFMSRR:,FORaPRIGE:OFF„ERED ..• 070-700-102 % 070-700-104 % 070-700-106 % 070-700-108 070-700-112 070-700-114 070-700-116 070-700-118 070-700-122 To 070-700-132 070-700-134 070-700-136 To 070-700-142 % 070-700-144 % 070-700-146 ok 070-700-202 % 070-700-204 070-700-206 070-700-208 ok 070-700-212 % 070-700-214 ok 070-700-216 % 070-700-218 070-700-222 070-700-232 To 070-700-234 % 070-700-236 % 070-700-300 ok 070-700-312 070-700-322 % 070-700-340 070-700-352 070-700-362 % 070-700-400 % 070-700-450 ok 070-700-460 070-700-500 910 070-700-510 % TOTALAVERAGE...'r,r' % HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices published at [URL], or other source of benchmark prices [supply documents])? 87 Authorized Signature: Title: Organization Name: Telephone Number: E-Mail Address: If Contract awarded, State Purchasing Analyst / Specialist took the following steps to verify the savings offered: What were the results? Purchasing Analyst / Specialist: PUR 7064 88 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term. Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Atlantic Ford Truck Sales, Inc dba Atlantic Truck Center (Al Organization FEID Number: 38-2262714 MFMP / SPURS Vendor Number: 38-2262714-001 Street Address: 2840 Center Port Circle City, State, and Zip: Pompano Beach, FL 33064 E-mail Address: dportfolioatlantictrucks.com Internet Address: http://www.atlantictrucks.com/ Telephone Number: 954-545-1000 Toll -Free Number: 888-242-7553 Fax Number: 954-545-1099 Representative Information: Name: Don Portfolio Title: Government Sales Administrator Street Address: 2840 Center Port Circle City, State, and Zip: Pompano Beach, FL 33064 E-Mail Address: dportfolioaatlantictrucks.com Telephone Number: 954-545-1014 Toll -Free Number: 888-242-7553 Cell Phone Number (Optional): N/A Fax Number: 954-545-1099 Remit -To Information: Organization Name: Atlantic Ford Truck Sales, Inc dba Atlantic Truck Center Remit -To Street Address: 2840 Center Port Circle Remit -To City, State, Zip: Pompano Beach. FL 33064 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (http://vendor.mvfloridamarketolace.com/). 89 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Davidson Ford LTD dba Mike Davidson Ford (A) Organization FEID Number: 20-1727227 MFMP / SPURS Vendor Number: 20-1727227-002 Street Address: 9650 Atlantic Blvd City, State, and Zip: Jacksonville, FL 32225 E-mail Address: it@mikedavidson.com Internet Address: http://www.mikedavidson.com/ Telephone Number: 904-725-3060 Toll -Free Number: 800-874-1730 Fax Number: 904-723-6122 Representative Information: Name: John Rossodivito Title: Commercial Sales Manager Street Address: 9650 Atlantic Blvd City, State, and Zip: Jacksonville, FL 32225 E-Mail Address: ir(a.mikedavidson.com Telephone Number: 904-725-3060 Toll -Free Number: 800-874-1730 Cell Phone Number (Optional): 352-434-2862 Fax Number: 904-723-6122 Remit -To Information: Organization Name: Davidson Ford LTD dba Mike Davidson Ford Remit-To.Street Address: 9650 Atlantic Blvd Remit -To City, State, Zip: Jacksonville. FL 32225 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (http://vendor.mvfloridamarketolace.com/). 90 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Four Star Freightliner, Inc. (A) Organization FEID Number: 63-0520287 MFMP / SPURS Vendor Number: 63-0520287-001 Street Address: 4765 Capital Circle NW City, State, and Zip: Tallahassee, FL 32303 E-mail Address: trumaningram(calabamafreightliner.com Internet Address: http://www.fourstarfreightliner.com/ Telephone Number: 334-263-1085 Toll -Free Number: 800-654-1085 Fax Number: 334-263-3712 Representative Information: Name: Truman Ingram Title: Account Manager Street Address: 3140 Havneville Rd City, State, and Zip: Montgomery, AL 36108 E-Mail Address: trumaningram(a�alabamafreightliner.com Telephone Number: 334-263-1085 Toll -Free Number: 800-654-1085 Cell Phone Number (Optional): N/A Fax Number: 334-263-3712 Remit -To Information: Organization Name: Four Star Freightliner, Inc. Remit -To Street Address: 4765 Capital Circle NW Remit -To City, State, Zip: Tallahassee, FL 32303 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (http://vendor.mvfloridamarketplace.com/). 91 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Hub City Ford, Inc. (H) Organization FEID Number: 59-2617784 MFMP / SPURS Vendor Number: 59-2617784-001 Street Address: 4060 S Ferdon Blvd City, State, and Zip: Crestview, FL 32536 E-mail Address: windrowl bellsouth.net Internet Address: http://www.hubcitvsupercenter.com/ Telephone Number: 850-398-6810 Toll -Free Number: 800-972-3673 Fax Number: 850-398-6827 Representative Information: Name: Joseph Windrow Title: Fleet Sales Manager Street Address: 4060 S Ferdon Blvd City, State, and Zip: Crestview, FL 32536 E-Mail Address: windrowl l (cr�bellsouth.net Telephone Number: 850-398-6810 Toll -Free Number: 800-972-3673 Cell Phone Number (Optional): 850-393-4723 Fax Number: 850-398-6827 Remit -To Information: Organization Name: Hub City Ford, Inc. Remit -To Street Address: 4060 S Ferdon Blvd Remit -To City, State, Zip: Crestview, FL 32536 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (http://vendor.mvfloridamarketplace.com/). 92 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Navistar, Inc. (A) Organization FEID Number: 36-1264810 MFMP / SPURS Vendor Number: 36-1264810-002 Street Address: 6340 Sugarloaf Parkway, Suite 300 City, State, and Zip: Duluth, GA 30097 E-mail Address: matt.bara( navistar.com Internet Address: http://www.internationaldelivers.com/ Telephone Number: 630-753-2283 Toll -Free Number: N/A Fax Number: 678-584-2791 Representative Information: Name: Matthew J. Bara Title: National Accounts Manager Street Address: 6340 Sugarloaf Parkway, Suite 300 City, State, and Zip: Duluth, GA 30097 E-Mail Address: matt.bara(a�navistar.com Telephone Number: 630-753-2283 Toll -Free Number: N/A Cell Phone Number (Optional): 630-815-6174 Fax Number: 678-584-2791 Remit -To Information: Organization Name: Navistar, Inc. Remit -To Street Address: 6340 Sugarloaf Parkway, Suite 300 Remit -To City, State, Zip: Duluth, GA 30097 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (http://vendor.mvfloridamarketolace.com/). 93 7.5 Ordering Instruction Form The following Contractor has been awarded select Commodities within State Term Contract, No. 070-700-11- 1, Medium & Heavy Trucks. For specific Contract awards, Eligible Users are referred to Section 7.1, Price Sheet. All Orders are to be placed in accordance with the Contract requirements, terms, and conditions. Organization Information: Organization Name: Tampa Truck Center LLC (A) Organization FEID Number: 27-0850894 MFMP / SPURS Vendor Number: 27-0850894-001 Street Address: 7528 US Highway 301 N City, State, and Zip: Tampa, FL 33637 E-mail Address: sendristampaftl.com Internet Address: http://www.tampatruckcenter.com/ Telephone Number: 813-262-0890 Toll -Free Number: 877-918-7885 Fax Number: 813-262-0983 Representative Information: Name: Scott Endris Title: Municipal Sales Representative Street Address: 7528 US Highway 301 N City, State, and Zip: Tampa, FL 33637 E-Mail Address: sendris@tampaftl.com Telephone Number: 813-262-0890 Toll -Free Number: 877-918-7885 Cell Phone Number (Optional): 813-293-0866 Fax Number: 813-262-0983 Remit -To Information: Organization Name: Tampa Truck Center LLC Remit -To Street Address: 7528 US Highway 301 N Remit -To City, State, Zip: Tampa, FL 33637 Note: Please make sure the Ordering Instructions information provided above matches the MyFloridaMarketPlace ("MFMP") Vendor Registration account information (htto://vendor.mvfloridamarketolace.com/). 94 7.6 Contract Signature Page CONTRACT This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor ("Contractor"). The Contractor responded to the Department's Invitation to Bid ("ITB") No. 01-070-700-S; Medium & Heavy Trucks. The Department has determined to accept select Contractor's offers and to enter into this Contract in accordance with the requirements, specifications, terms, and conditions of the solicitation. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Contract Formation Date, per Section 2.17, and expires September 30, 2013. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: • Any written Amendments to the Contract • Section 7.1, Price Sheet (As Approved by the Department) • Section 6.0, Technical Specifications • Section 5.0, Special Conditions • Section 4.0, General Contract Conditions [PUR1000 (10/06)] • This document, Section 7.5, Contract Signature Page • Section 3.0, Special Instructions to Respondents • Section 2.0, General Instructions to Respondents [PUR1001 (10/06)] • Any Purchase Order under the Contract • Contractor's Response State of Florida, Date Department of Management Services By: Linda H. South, Secretary Contractor Name: (Seal) Street Address or P.O. Box: City, State, Zip: By: Its' (Title): Date Approved as to form and legality by the Department of Management Services, General Counsel's Office: Print Name: Date: 95 7.7 Certification of Drug -Free Workplace Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference shall be given to an offer received from a Respondent that certifies it has implemented a drug -free workforce program. Please sign below and return this form to certify that your business has a drug -free workplace program. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under the solicitation a copy of the statement specified in Subsection (1). 4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the commodities or contractual services that are under the solicitation, the employee will abide by the terms of the statement and,will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. False statements are punishable at law. DATE: ORGANIZATION NAME: BY: Authorized Signature Print Name and Title 96