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HomeMy WebLinkAboutEmails - Patch Truck SpecsSwing Auger Attachment -- Secondary Auger Motor Cone Holder- TwinCleaningCleaning Fluid Spray Heads Pedestal Mounted Strobe Night Work Lights Byrnes, Terry From: Pau, Carlos Sent: Wednesday, October 10, 2012 3:49 PM To: Byrnes, Terry Cc: Ihekwaba, Nzeribe; Revuelta, Sheiza; Falero, Ricardo Subject: Patch Truck Specs. Attachments: fp5miamiflorida.082.doc; Bergkamp Inc crew cab City of Miami.doc;ITB- DOT-1112-9005-GB (2).pdf Terry, this is the same information that I previously email you and Sheiza Revuelta, but now I am copying Nzeribe (Zerry) Ihekwaba in the email with a more detailed description. You have two different quotes one is for the Chassis from Orlando Freightliner, and the other one is for the Body from Bergkamp. The Bergkamp FP5 Flameless Patcher base price is — $65,550.00 The Option for that unit are the following: 30" x 60" rear mounted 13 light Arrowboard (Superior Signals) $1,992.00 $6,800.00 -$1,195.00 $ 175.00 — $ 455.00 $ 275.00 $ 650.00 The total amount from Bergkamp Body is $77,092.00 The price on the Chassis from Orlando Freightliner is $69,059.00 And the grand total for the Patch Truck is — $146,151.00 This is the information that you need in order to purchase the Patch Truck. You are going to have to create two requisitions, one for the chassis and the other for the body. Attached above you will find the quote for the chassis from Orlando Freightliner, and the body quote from Bergkamp along with the Florida DOT contract which should be attached to both requisitions. Please advise if you need any additional assistance with this purchase. Carlos Pau Acting Fleet Superintendent General Services Administration City of Miami 1390 NW 20 ST Miami, FL 33142 Office 305-329-4869 1 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 QUOTATION FM2 4TbPNVENNAL TIOCHASSIS ` F' �_...��., SET BACK AXLE - TRUCK CUM ISB 6.7-240 240 HP @ 2300 RPM, 2600 GOV, 560 LB/FT @ 1600 RPM ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION RS-23-160 23,000# R-SERIES SINGLE REAR AXLE 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION VEHICLE PRICE EXTENDED WARRANTY DEALER INSTALLED OPTIONS Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 DETROIT DA-F-12.0-3 12,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE 12,000# MONO TAPERLEAF FRONT SUSPENSION 154 INCH BBC HIGH -ROOF ALUMINUM CONVENTIONAL CREW CAB 6100MM (240 INCH) WHEELBASE 11/32X3-1/2X10-3/16 INCH STEEL FRAME (8.73MMX258.8MM/0.344X10.19 INCH) 120KSI 1050MM (41 INCH) REAR FRAME OVERHANG TOTAL # OF UNITS (1) $ $ $ 250 $ 250 CUSTOMER PRICE BEFORE TAX ESQ, TAXES AND FEES OTHER CHARGES TRADE IN TRADE-IN ALLOWANCE 69,059 $ 0 $ 0 $ (0) $ 69,059 0 (0) BALANCE DUE (LOCAL CURRENCY) $ COMMENTS: Projected delivery on _ / _ / _ provided the order is received before _ / _ / APPROVAL: Please indicate your acceptance of this quotation by signing below: Customer: X Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami Date: / / 69,059 $ 69,059 10/10/2012 12:55 PM Page 13 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 10/10/2012 12:55 PM Page 14 of 14 Sales Office: 7111 Bosque Blvd #304, Waco, Texas 76710 August 17, 2012 City of Miami Miami, Florida Attention: Mr. Carlos Pau Reference: Florida DOT ITB DOT 11/12 2005 GB Carlos: As you requested, I am pleased to present revised pricing covering the Bergkamp FP5 Flameless Patcher which is being made available to Florida governmental agencies who wish to piggyback on contract pricing offered by Bergkamp to the Florida DOT. Base price of the machine is $65.550.00 Included in this price: Mounting onto customer's truck, pto and pump Delivery and training at your facilities in Florida 67# hydraulic hammer/cutter with chisel point and tamper shoe 25ft of hammer hose to be mounted onto a retractable reel Vibratory Plate Compactor Hydraulic Lift Platform to house hammer and Plate compactor Asphalt Rake Spoils Bins (side and rear) Lockable storage Heating Torch Paint color of choice along with conspicuity markings Options: 30" x 60" rear mounted 13 light Arrowboard (Superior Signals) Swing Auger Attachment Secondary Auger Motor Cone Holder Twin Cleaning Fluid Spray Heads Pedestal Mounted Strobe Night Work Lights Freightliner M2 106 Crew Cab or Conventional Cab Truck $1,992.00 $6,800.00 $1,195.00 $ 175.00 $ 455.00 $ 275.00 $ 650.00 Price Pending PpAelle4 3040 Emulsion Dr. • Salina, Kansas 67401 USA • Phone (785) 825-1375 - Fax (785) 825-4269 www.bergkampinc.com Page 2 Proposal for City of Miami have asked Orlando Freightliner to update their pricing and once I receive it, 1 will pass it along. The truck is an option on the contract. Our prices are firm for the contract duration; however, the truck prices will escalate to reflect increases on factory pricing. Carlos, thank you for your request and we very much look forward to working with you on this acquisition. Please feel free to contact me if you have questions or concerns. E 5G.`�A. �t Jennifer A. Straus Territory Manager (Waco Sales Office) 254-717-3664 (cell) Byrnes, Terry From: Pau, Carlos Sent: Wednesday, October 10, 2012 1:35 PM To: • Revuelta, Sheiza Cc: Falero, Ricardo; Byrnes, Terry Subject: FW: City of Melbourne Attachments: fp5miamiflorida.082.doc; ITB-DOT-1112-9005-GB (2).pdf; Bergkamp Inc crew cab City of Miami.doc . Good morning Sheiza, This is the information that you need in order to purchase the Patch Truck. You are going to have to create two requisitions, one for the chassis and the other for the body. Attached above you will find the quote for the chassis from Orlando Freightliner, and the body quote from Bergkamp along with the Florida DOT contract which should be attached to both requisitions. Please advise if you need any additional assistance with this purchase. Sincerely, Carlos Pau Acting Fleet Superintendent General Services Administration City of Miami 1390 NW 20 ST Miami, FL 33142 Office 305-329-4869 Fax 305-400-5308 From: Jennifer Straus jmailto:jennifers(abergkampinc.coml Sent: Wednesday, October 10, 2012 9:22 AM To: Pau, Carlos Subject: FW: City of Melbourne Carlos: As ou can see from the attached, the fir- a crew cab is nctkol to bottom of last page) Price inc chassis built a ar escalator, also a rw $875 Fed�rMFly Mandated On Board Diagnostics escalator for an. 1st 2013, (I don't believe that we could get this ordered in time to avoid this cost) 1 The FDOT contract calls for a certificate of origin to be delivered with the truck - so it appears that the City then has to apply for the truck tags. Please let me know if there is anything else that I can do for you. Regards Jennifer Jennifer A Straus Territory Manager Bergkamp Inc. 254-717-3664 (cell) 2 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 SPECIFICATION PROPOSAL Description ",cep PRL-03M ersion,n DRL-035 M2 PRL-03M (EFF:01/25/12) SPECPRO21 DATA RELEASE VER 035 enera 001-172 004-213 002-004 019-002 003-001 ISn601e AA1-002 AA6-001 A85-002 A84-1GM AA4-011 . AA5-002 AB 1-008 AB5-001 995-091 A66-99D A68-99D A63-99D M2 106 CONVENTIONAL CHASSIS 2013 MODEL YEAR SPECIFIED SET BACK AXLE - TRUCK STRAIGHT TRUCK PROVISION LH PRIMARY STEERING LOCATION TRUCK CONFIGURATION DOMICILED, USA 50 STATES (INCLUDING CALIFORNIA AND CARB OPT -IN STATES) PICKUP AND DELIVERY/SHORT HAUL SERVICE GOVERNMENT BUSINESS SEGMENT FIXED LOAD COMMODITY TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN -TRANSIT (BETWEEN SITES) ROAD SURFACE MEDIUM TRUCK WARRANTY EXPECTED FRONT AXLE(S) LOAD : 12000.0 Ibs EXPECTED REAR DRIVE AXLE(S) LOAD : 23000.0 Ibs EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 35000.0 Ibs Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 1 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 GVWR errvice AA3-005 AF7-99D 101-2GD RATED MAXIMUM VEHICLE CAPACITY - GVWR : 35000.0 Ibs FLATBED/PLATFORM/STAKE BODY EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32.0 in ronic PAranete 79A-075 75 MPH ROAD SPEED LIMIT CUM ISB 6.7-240 240 HP @ 2300 RPM, 2600 GOV, 560 LB/FT @ 1600 RPM 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-015 PTO MODE ENGINE RPM LIMIT - 2100 RPM 79M-001 PTO MODE BRAKE OVERRIDE - SERVICE BRAKE ONLY ENABLED 79P-002 PTO RPM WITH CRUISE SET SWITCH - 700 RPM 79Q-003 PTO RPM WITH CRUISE RESUME SWITCH - 800 RPM 79S-008 PTO MODE CANCEL VEHICLE SPEED - 25 MPH 79U-007 PTO GOVERNOR RAMP RATE - 250 RPM PER SECOND 80G-002 PTO MINIMUM RPM - 700 80J-002 REGEN INHIBITIT SPEED THRESHOLD - 5 MPH the E u1 ment 99C-010 2010 EPA/CARB EMISSION CERTIFICATION 99D-009 2008 CARE EMISSION CERTIFICATION - CLEAN IDLE (INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 105-001 ENGINE MOUNTED OIL CHECK AND FILL 133-004 ONE PIECE VALVE COVER 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER 124-1D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-1D8 (2) ALLIANCE MODEL 1131, GROUP 31, 12 VOLT MAINTENANCE FREE 1850 CCA THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED 282-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami cfrislirmi) 10/10/2012 12:55 PM Page 2 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON -POLISHED BATTERY BOX COVER 107-032 CUMMINS 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 108-002 STANDARD AIR COMPRESSOR GOVERNOR 131-013 AIR COMPRESSOR DISCHARGE LINE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-076 CUMMINS EXHAUST BRAKE INTEGRAL WITH VARIABLE GEOMETRY TURBO WITH ON/OFF DASH SWITCH 016-1E7 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY TOP INLET WITH RH HORIZONTAL TAILPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 239-001 STANDARD EXHAUST SYSTEM LENGTH 237-052 RH STANDARD HORIZONTAL TAILPIPE 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43X-005 LH UNDER CAB DIESEL EXHAUST FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 273-035 HORTON HT650 FRONTAL AIR ON/OFF ENGINE FAN CLUTCH 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER 118-001 FULL FLOW OIL FILTER 266-078 950 SQUARE INCH ALUMINUM RADIATOR 103-004 ANTIFREEZE TO -34F, NOAT EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES 270-016 RADIATOR DRAIN VALVE 168-002 LOWER RADIATOR GUARD 360-998 NO FRONT ENGINE PTO Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami GTEMED 10/10/2012 12:55 PM Page 3 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 134-001 ALUMINUM FLYWHEEL HOUSING 132-004 ELECTRIC GRID AIR INTAKE WARMER 155-058 DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH nsmisston= 4 342-584 ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION ansmtssion 6qulpme ron 343-1T4 34C-001 362-035 363-002 341-018 352-998 NO AUXILIARY TRANSMISSION WTEC CALIBRATION - 6 SPEED WITH AUTO NEUTRAL WITH LBSS, RDS (PACKAGE 168) ELECTRONIC TRANSMISSION CUSTOMER ACCESS CONNECTOR FIREWALL MOUNTED CUSTOMER INSTALLED CHELSEA 277 SERIES PTO PTO MOUNTING, RH SIDE OF MAIN TRANSMISSION MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 97G-001 TRANSMISSION PROGNOSTICS - ENABLED 370-015 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) e4ani men 400-1A6 DETROIT DA-F-12.0-3 12,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE 402-020 MERITOR 15X4 Q+ CAM FRONT BRAKES 403-002 NON -ASBESTOS FRONT BRAKE LINING 419-023 CONMET CAST IRON FRONT BRAKE DRUMS 409-021 SKF SCOTSEAL PLUS XL FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES 405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS 536-050 TRW THP-60 POWER STEERING 539-003 POWER STEERING PUMP Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami CZEMEZIa® 10/10/2012 12:55 PM Page 4 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 runt S 534-015 2 QUART SEE THROUGH POWER STEERING RESERVOIR 40T-003 SYNTHETIC 50W FRONT AXLE LUBE uspenstc 620-1 E9 619-005 410-001 can 12,000# MONO TAPERLEAF FRONT SUSPENSION MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION FRONT SHOCK ABSORBERS 420-051 RS-23-160 23,000# R-SERIES SINGLE REAR AXLE 421-563 5.63 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-076 MXL 17N MERITOR EXTENDED LUBE MAIN DRIVELINE WITH FULL ROUND YOKES 423-020 MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 433-002 NON -ASBESTOS REAR BRAKE LINING 434-011 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) 451-023 CONMET CAST IRON REAR BRAKE DRUMS 440-021 SKF SCOTSEAL PLUS XL REAR OIL SEALS 426-074 HALDEX GOLDSEAL LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-002 MERITOR AUTOMATIC REAR SLACK ADJUSTERS 41T-001 ORGANIC SAE 80/90 REAR AXLE LUBE Ear. us ens'• 622-1 MH 23,000# 52 INCH VARIABLE RATE MULTI -LEAF SPRING REAR SUSPENSION 621-001 SPRING SUSPENSION - NO AXLE SPACERS 431-001 STANDARD U-BOLT PAD stei 018-002 AIR BRAKE PACKAGE 490-100 WABCO 4S/4M ABS WITHOUT TRACTION CONTROL 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 5 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-009 . BW A119 BRAKE LINE AIR DRYER WITH HEATER 479-003 AIR DRYER MOUNTED INBOARD ON LH RAIL 460-001 STEEL AIR BRAKE RESERVOIRS 477-004 PULL CABLES ON ALL AIR RESERVOIR(S) er Connection 335-004 UPGRADED CHASSIS MULTIPLEXING UNIT 32A-002 UPGRADED BULKHEAD MULTIPLEXING UNIT ease 545-610 6100MM (240 INCH) WHEELBASE 546-100 11/32X3-1/2X10-3/16 INCH STEEL FRAME (8.73MMX258.8MM/0.344X10.19 INCH) 120KSI 552-134 1050MM (41 INCH) REAR FRAME OVERHANG 55W-004 FRAME OVERHANG RANGE: 41 INCH TO 50 INCH AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) : 127.2 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) : 124.2 in AE4-99D CALC'D FRAME LENGTH - OVERALL : 310.39 AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE : 127.2 in FSS-OLH FRAME SPACE LH SIDE : 121.81 in FSS-ORH FRAME SPACE RH SIDE : 154.71 in 553-001 SQUARE END OF FRAME 550-001 FRONT CLOSING CROSSMEMBER 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) 572-001 STANDARD REARMOST CROSSMEMBER 565-001 STANDARD SUSPENSION CROSSMEMBER 556-1AN THREE-PIECE 14 INCH STEEL CENTER BUMPER WITH FLEXIBLE PLASTIC ENDS 558-001 FRONT TOW HOOKS - FRAME MOUNTED 574-001 BUMPER MOUNTING FOR SINGLE LICENSE PLATE Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami C----(12:0111E-70 10/10/2012 12:55 PM Page 6 of 14 094-1 DG Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 585-998 NO MUDFLAP BRACKETS 590-998 NO REAR MUDFLAPS 586-024 FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS 551-007 GRADE 8 THREADED HEX HEADED FRAME FASTENERS 204-215 50 GALLON/189 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH 218-005 RECTANGULAR FUEL TANK(S) 215-005 PLAIN ALUMINUM/PAINTED STEEL FUEUHYDRAULIC TANK(S) WITH PAINTED BANDS 212-007 FUEL TANK(S) FORWARD 664-001 PLAIN STEP FINISH 205-001 FUEL TANK CAP(S) 122-084 ALLIANCE FUEL FILTERNVATER SEPARATOR WITH PRIMER PUMP 216-020 EQUIFLO INBOARD FUEL SYSTEM 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE 093-1T8 GOODYEAR G662 RSA FUEL MAX 11R22.5 14 PLY RADIAL FRONT TIRES (MATCH MARKED) GOODYEAR G338 11 R22.5 14 PLY RADIAL REAR TIRES 418-045 CONMET PRE-SET BEARING IRON FRONT HUBS 450-045 CONMET PRE-SET BEARING IRON REAR HUBS 502-717 ACCURIDE 50408 ACCU-LITE 22.5X8.25 10-HUB PILOT 2-HAND STEEL DISC FRONT WHEELS 505-717 ACCURIDE 50408 ACCU-LITE 22.5X8.25 10-HUB PILOT 2-HAND STEEL DISC REAR WHEELS 496-011 FRONT WHEEL MOUNTING NUTS 497-011 REAR WHEEL MOUNTING NUTS 829-079 154 INCH BBC HIGH -ROOF ALUMINUM CONVENTIONAL CREW CAB 650-009 RUBBER CAB MOUNTS 678-001 LH AND RH GRAB HANDLES Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 7 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 646-009 PAINTED PLASTIC GRILLE 65X-001 ARGENT SILVER HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD 727-1AH SINGLE 14 INCH ROUND POLISHED AIR HORN ROOF MOUNTED 726-001 SINGLE ELECTRIC HORN 728-001 SINGLE HORN SHIELD 657-1 CV DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME WITH (4) KEYS 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-043 INTEGRAL HEADLIGHT/MARKER ASSEMBLY 302-001 (5) AMBER MARKER LIGHTS 294-090 OMIT STOP/TAIUBACKUP LIGHTS AND PROVIDE WIRING FOR COMBINED STOP/TURN LIGHTS TO FOUR FEET BEYOND END OF FRAME 300-015 STANDARD FRONT TURN SIGNAL LAMPS 744-1BH DUAL WEST COAST MOLDED -IN COLOR MIRRORS 797-001 DOOR MOUNTED MIRRORS 796-001 102 INCH EQUIPMENT WIDTH 743-1AP LH AND RH 8 INCH MOLDED -IN COLOR CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS 677-998 NO CAB MOUNTED STEPS 275-061 ELECTRIC HORN WARNING SYSTEM FOR PARK BRAKE NOT SET WITH DOOR OPEN AND ALL IGNITION KEY POSITIONS 768-043 63X14 INCH TINTED REAR WINDOW 661-003 TINTED DOOR GLASS LH AND RH WITH TINTED NON -OPERATING WING WINDOWS MANUAL DOOR WINDOW REGULATORS 654-003 663-013 659-019 707-1 AK TINTED WINDSHIELD 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED OPAL GRAY VINYL INTERIOR 706-026 MOLDED PLASTIC DOOR PANEL WITHOUT VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami (1211 10/10/2012 12:55 PM Page 8 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 708-026 MOLDED PLASTIC DOOR PANEL WITHOUT VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 772-006 BLACK MATS WITH SINGLE INSULATION 691-008 FORWARD ROOF MOUNTED CONSOLE WITH UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN 742-007 (2) CUP HOLDERS LH AND RH DASH 680-006 GRAY/CHARCOAL FLAT DASH 700-002 HEATER, DEFROSTER AND AIR CONDITIONER 701-001 STANDARD HVAC DUCTING 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING 130-033 DENSO HEAVY DUTY AIR CONDITIONER COMPRESSOR 702-002 BINARY CONTROL, R-134A 739-001 CAB INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-047 DOOR ACTIVATED DOME/RED MAP LIGHTS, FORWARD LH AND RH AND REAR LH, RH AND CENTER 655-001 CAB DOOR LATCHES WITH MANUAL DOOR LOCKS 284-023 (1) 12 VOLT POWER SUPPLY IN DASH 756-1J1 BASIC HIGH BACK NON SUSPENSION DRIVER SEAT WITH FORE AND AFT ADJUSTMENT 760-1 DC BASIC HIGH BACK NON SUSPENSION PASSENGER SEAT 762-001 FULL WIDTH REAR BENCH SEAT 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-036 VINYL WITH VINYL INSERT DRIVER SEAT 761-036 VINYL WITH VINYL INSERT PASSENGER SEAT 755-036 VINYL WITH VINYL INSERT REAR PASSENGER SEAT 763-017 3 POINT DRIVER AND FRONT PASSENGER SEAT BELTS; 3 POINT LH, CENTER AND RH REAR PASSENGER SEAT BELTS 532-001 FIXED STEERING COLUMN 540-015 4-SPOKE 18 INCH (450MM) STEERING WHEEL Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 9 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS trumen 732-004 734-004 870-001 486-001 GRAY DRIVER INSTRUMENT PANEL GRAY CENTER INSTRUMENT PANEL BLACK GAUGE BEZELS LOW AIR PRESSURE LIGHT AND BUZZER 840-002 2 INCH PRIMARY AND SECONDARY AIR PRESSURE GAUGES 198-025 INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 149-013 ELECTRONIC CRUISE CONTROL WITH SWITCHES IN LH SWITCH PANEL 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-011 ODOMETER/TRIP/HOUR/DIAGNOSTICNOLTAGE DISPLAY: 1X7 CHARACTER, 26 WARNING LAMPS, DATA LINKED, ICU3 160-025 DIAGNOSTIC INTERFACE CONNECTOR, 9 PIN, SAE J1939, LOCATED BELOW DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-003 PROGRAMMABLE RPM CONTROL - ELECTRONIC ENGINE 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 864-005 TRANSMISSION OIL TEMPERATURE INDICATOR LIGHT 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-035 (1) DASH MOUNTED PTO SWITCH WITH INDICATOR LAMP 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 679-001 OVERHEAD INSTRUMENT PANEL 746-1A2 AM/FM/WB RADIO WITH FRONT AUXILIARY INPUT 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-001 AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 10 of 14 ication / .. r. ice,. . 996-001 con Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone: 254-717-3664 Data Code Description Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 812-001 ELECTRONIC 3000 RPM TACHOMETER 162-011 IDLE LIMITER, ELECTRONIC ENGINE 329-010 TWO ON/OFF ROCKER SWITCHES IN THE DASH WITH INDICATOR LIGHTS AND WIRE ROUTED TO CHASSIS AT BACK OF CAB, LABEL OPT 836-015. DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 304-001 MARKER LIGHT SWITCH INTEGRAL WITH HEADLIGHT SWITCH 882-018 ONE VALVE PARK BRAKE SYSTEM WITH DASH VALVE CONTROL AUTONEUTRAL AND WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, WASHERNVIPER AND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS 065-000 PAINT: ONE SOLID COLOR 980-5F6 CAB COLOR A: L0006EB WHITE ELITE BC 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 962-970 VENDOR WHITE FRONT WHEELS/RIMS (PW, TKWHT21, W, TW) . 966-970 VENDOR WHITE REAR WHEELS/RIMS (PW, TKWHT21, W, TW) 964-6Z7 BUMPER PAINT: FP24812 ARGENT SILVER DUPONT FLEX U.S. FMVSS CERTIFICATION pm ark/ Factory U(1tuons € s 998-001 CORPORATE PDI CENTER IN-SERVICE ONLY Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami 10/10/2012 12:55 PM Page 11 of 14 Prepared for: Jennifer Straus Bergkamp Inc 500 East Schilling Rd Salina, KS 67401 Phone:254-717-3664 DELIVERY & ORDER PROCESSING CHARGE aler4Installed 0 TAG CITY TAG AND TITLE Total Dealer Installed Options Application Version 8.4.438 Data Version PRL-03M.035 Bergkamp Inc crew cab City of Miami Prepared by: Bob Scharpnick ORLANDO FREIGHTLINER 2455 S. ORANGE BLOSSOM TRAIL APOPKA, FL 32703 Phone: 4072953846 Weight Front 0 0 LBS Weight Rear 0 0 LBS Price 10/10/2012 12:55 PM Page 12 of 14 AVEMENT-YRESERVATION S Swing Auger System Simplifies Pothole Patching Flameless Pothole Patcher Attachment Our: swing auger system significantly increases the flexibility of your Bergkamp flameless pothole patcher. This unique optional replacement for the standard material chutes allows for precise and continual placement of asphalt so small crews can easily fix many potholes from one truck location without difficult hand work. More Flexibility In Asphalt Delivery • Wide 8.7-foot swing ranges from the driver side wheel track past the passenger side wheel track • Ideal for easy and efficient repair of shoulder, curb and gutter deterioration • Easily accessible at the back of the machine to keep the operator away from traffic . On trucks equipped with an automatic transmission, the swing auger can be locked into a side auger position to permit continual placement of material outside the passengers side wheel track. Already have a flameless pothole patcher? Retrofit kits are available for current owners. 8.7 feet Customizable To Fit Your Needs In addition to the swing auger system, Bergkamp offers these options for the flameless pothole patcher: - Secondary auger motor • LED lights - - Upgraded arrow boards • Single -drum vibratory roller - InPave Production Reporting System • Traffic cone holders • Shovel and asphalt lute holder • Sand spreader • Front cleaning fluid hand sprayer • Propane hand torch • Various sizes of pavement breaking hammers and attachments • Others available upon request Swing Auger Operating Parameters 'PLATE COMPACTOR A 96 in. 244 cm B'` tin 305 cm' c. 62 in. 158 cm . ;.107;cm; E 38 in. 97.cm =F, 152 cni :i •ROLLER PLATFORM A 96 in. 244 cm B'. 18cm:> c 57 in. 145 cm :412 107. cm;; E 38 in. ' 97cm P. -60in 152-cm =: ..Products, specifications,.and options.are subject.to change without notice. :Safer el Fla>rreess Technology;`Minirr izes"'Was . ...... .........:.. . ;;G:overnment;agencies'and contractors rely? o.n Bergka.mp's:.truck-mounted flameless pothole patcher::to :drastically>red.uce material:' waste. Its nsulated'S:1-yd3:electric-heated;'. ' -:hop'persafely;.keeps asphalt:: at` a:.constanf ? a: ..`: temperature and;pliablefor:a lo.ngperiod`';,; x'ofaime And the:pothole iongevity7 Potholes,;:,.;; ;repaired'using'this all -in -one unit have:ani::;: ;Y ; increased::Iife:over,:those:re dired;usin <' ffetraditional".'fhrowand roll'''method: . Bergkamp.lnc: . 3040EmulsionDrive `; Salina,: KS 67401-8966 USA' Phone: (785) 825-1375-.Fax: (785) 825-4269 sales@bergkampinc.com • www:bergkampinc.com PAVEM.EN1 PRESERVATION SOLUNONS State of Florida Department of Transportation INVITATION TO BID ASPHALT PATCH TRUCK ITB-DOT-11 /12-9005-G B EFFECTIVE DATES: OCTOBER 3, 2012 - OCTOBER 2, 2013 BERGKAMP, INC - CR161 BID SHEET — Page 1 of 2 BID #: ITB-DOT-11/12-9005-GB FOB: STATEWIDE BID TITLE: ASPHALT PATCH TRUCK BID AS SPECIFIED OR APPROVED EQUIVALENT NOTICE TO PROSPECTIVE OFFERERS: IF ASKED FOR SPECIFIC INFORMATION, YOU MUST GIVE THE INFORMATION REQUESTED. THE COMPLETED SPECIFICATION COMPLIANCE SHEET, WITH ALL BLANKS FILLED IN AND PROPER RESPONSES SHALL BE RETURNED WITH YOUR BID. BIDDERS MUST SUBMIT ONE (1) COPY OF MANUFACTURER'S DATA WITH EACH BID PACKAGE. IMPORTANT NOTICE TO PROSPECTIVE OFFERERS: BIDDERS MUST SUBMIT ONE (1) ORIGINAL AND THREE (3) COPIES OF THE COMPLETE BID PACKAGE. A COMPLETE BID PACKAGE CONSIST OF ENTIRE BID, ALL ADDENDUMS, AND ONE (1) COPY OF MANUFACTURER'S DATA. DESCRIPTION: ASPHALT PATCH TRUCK, PER BID SPECIFICATIONS PRICE PER UNIT DELIVERED TO ANY FDOT LOCATION IN FLORIDA: Price: $ 65,550.00 MANUFACTURER AND MODEL NO.: Bergkamp. FP5 OPTIONS: (May or may not be purchased at discretion of the FDOT. Option price may be considered in basis of bid award.) 9.2 Carrier supplied by vendor. Provide complete information on carrier proposed, delivery time and price. Carrier must be a heavy duty, air conditioned, diesel powered truck with automatic transmission. Color DOT Yellow (DuPont Centari L9069A, Freightliner / Sterling 3258, GM 86, International 4421). Price: $64.414.00 (Conventional Cab) $66,434.00 (Crew Cab) MANUFACTURER AND MODEL NO.: Freightliner M2 106 BID SHEET — Page 2 of 2 ADDITIONAL OPTION 1. ITEM DESCRIPTION: Swing Auger Attachment PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ 6,800.00 MANUFACTURER AND MODEL NO.: Bergkamp, Inc. — FP5 2. ITEM DESCRIPTION: Second Motor on machine Auger PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ 1,195.00 MANUFACTURER AND MODEL NO.: Berqkamp, Inc. — FP5 3. ITEM DESCRIPTION: Cone Holder PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ $175.00 MANUFACTURER AND MODEL NO.: Bergkamp, Inc. — FP5 4. ITEM DESCRIPTION: Twin Spray Heads (one on front platform for swaying down hopper — second at rea r PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ 455.00 MANUFACTURER AND MODEL NO.: Berkam, Inc. FP5 5. ITEM DESCRIPTION: Pedestal Mounted Strobe PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ 275.00 MANUFACTURER AND MODEL NO.: Bergkamp, Inc. — FP5 6. ITEM DESCRIPTION: Night Work lights PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ 650.00 MANUFACTURER AND MODEL NO.: Bergkamp, Inc. FP5 7. ITEM DESCRIPTION: PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ MANUFACTURER AND MODEL NO.: 8. ITEM DESCRIPTION: PRICE PER ITEM 1 INSTALLED ON TRUCK: Price: $ MANUFACTURER AND MODEL NO.: DELIVERY: Delivery will be made within 120-150* days after receipt of Purchase Order. Is this product available with recycled content'? _Yes X No If yes, please send information separate from this Invitation to Bid (See Recycled Material Special Condition for more information). MFMP Transaction Fee: All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1% MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition #14. NOTE: In submitting a response, the bidder acknowledges they have read and agree to the solicitation terms and conditions and their submission is made in conformance with those terms and conditions. ACKNOWLEDGEMENT: I certify that I have read and agree to abide by all terms and conditions of this solicitation and that I am authorized to sign for the bidder. I certify that the response submitted is made in conformance with all requirements of the solicitation. Bidder: Berqkamp, Inc FEID# F 48-0853747-002 Address: 3060 Emulsion Drive City, State, Zip: Salina, KS 67401 Phone: 254-717-3664 Fax: 254-772-7246 E-mail: jennifers(c�bergkampinc.com Authorized Signature: Date: 9-7-11 Printed/Typed: Title: Territory Manager *Delivery would be made 120-150 days from receipt of Purchase Order or 30 days after receipt of truck, whichever is the last event to occur. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DRUG -FREE WORKPLACE PROGRAM CERTIFICATION 375-040-18 PROCUREMENT 09/03 287.087 Preference to businesses with drug -free workplace programs. —Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug -free workplace program, a business shall: (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. (2) 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 bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, 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 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. Does the individual responding to this solicitation certify that their firm has implemented a drug -free workplace program in accordance with the provision of Section 287.087, Florida Statutes, as stated above? 0 YES O NO Florida Statutes 287.135 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION VENDOR CERTIFICATION REGARDING SCRUTINZED COMPANIES LISTS 375-030-60 PROCUREMENT 06/11 Respondent Vendor Name: Bergkamp, Inc. Vendor FEIN: F 48-0853747 Vendor's Authorized Representative Name and Title: Jennifer A. Straus, Territory Manager Address: 3060 Emulsion Drive City: Salina Phone Number: 254-717-3664 State: KS Zip: 67401 Email Address: iennifers(c�bergkampinc.com Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services of $1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the section entitled "Respondent Vendor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. CERTIFIED BY: JENNIFER A. STRAUS WHO IS AUTHORIZED TO SIGN ON BEHALF OF THE ABOVE REFERENCED COMPANY. Authorized Signature Print Name and Title: CR161 ORDERING INSTRUCTIONS Bid Number: ITB-DOT-11 /12-9005-GB Title: ASPHALT PATCH TRUCK NOTE: ALL ORDERS SHOULD BE DIRECTED TO: FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEID):F 48-0853747-002 VENDOR: Berqkamp, Inc. ADDRESS: 3060 Emulsion Dr. CITY, STATE, ZIP: Salina, KS 67401 TELEPHONE: 254-717-3664 TOLL FREE NO.: (800) 283-7226 FAX NO.: 254 / 772-7246 DELIVERY: DELIVERY WILL BE MADE WITHIN 120-150* DAYS AFTER RECEIPT OF PURCHASE ORDER. PRODUCT INFORMATION: DIRECT QUESTIONS TO: NAME & TITLE: Jennifer A. Straus, Territory Manaqer ADDRESS: #304, 7111 Bosque Blvd. CITY, STATE, ZIP: Waco, TX 76710 TELEPHONE: 254 / 1717-3664 TOLL FREE NO.: (800) 283-7226 FAX NO.: 354 / 1772-7246 INTERNET E-MAIL ADDRESS: iennifers(a�bergkampinc.com INTERNET WEBSITE URL: www.berqkampinc.com Will you accept the State of Florida Purchasing Card (VISA)? Yes No *Delivery would be made 120-150 days from receipt of Purchase Order or 30 days after receipt of truck, whichever is the last event to occur. INTRODUCTION SECTION 1) INVITATION The purpose of this Invitation to Bid is to obtain competitive bids to establish a two (2) year contract for the purchase of ASPHALT PATCH TRUCK by the Department of Transportation, hereafter referred to as the "Department". The contract will become effective on the date the successful bidder(s) is approved for award and will expire two years from that date. After the award, said bidder(s) will be referred to as the "Vendor(s)". All commodities identified in this Invitation to Bid will be subject to the availability of identical commodities as provided by mandatory Department of Management Services' State Contract(s) at such time these commodities become available. In the event of duplication(s) of commodities, the Department of Management Services' mandatory State Contract shall prevail. 2) TIMELINE Provided below is a list of critical dates and actions. These dates are subject to change. Notices of changes (addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", click on "Search Advertisements") under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. ACTION / LOCATION DATE LOCAL TIME DEADLINE FOR TECHNICAL QUESTIONS - 9-7-2011 3:00 PM (There is no deadline for administrative questions) BIDS DUE - 9-20-2011 3:00 PM Florida Department of Transportation Procurement Office — Haydon Burns Building Attn: Gaylia Boemer, Procurement Agent 605 Suwannee Street, MS 20, Cubical 124 Tallahassee, Florida 32399-0450 (850) 414-4381 PUBLIC OPENING - Florida Department of Transportation Procurement Office — Haydon Burns Building 605 Suwannee Street, Cubical 100 Tallahassee, Florida 32399-0450 POSTING OF INTENDED DECISION/AWARD - Posting can be found in the Vendor Bid System (VBS) 9-20-2011 3:00 PM 9-27-2011 5:00 PM 3) SPECIAL ACCOMMODATIONS Any person with a qualified disability requiring special accommodations at a pre -bid conference, public meeting, and/or opening shall contact the contact person at the phone number, e-mail address or fax number provided on the title page at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact this office by using the Florida Relay Services which can be reached at 1 (800) 955- 8771 (TDD). 4) CONTRACT USE Use of the contract resulting from this bid will be optional for the Department. The Department reserves the right to solicit separate bids for any unusual or abnormal quantity requirements that may arise during the term of the contract. 5) ESTIMATED PURCHASES It is anticipated that the Department will purchase approximately $105,000.00 under any contract resulting from this bid. This estimated amount is given only as a guideline for preparing your bid and should not be construed as representing an actual amount to be purchased under this contract. The Vendor(s) shall supply, at bid prices, the actual amounts ordered regardless of whether the total of such amounts is more or less than anticipated. This bid and the resulting contract will be subject to annual appropriated funding. SPECIAL CONDITIONS 1) MyFloridaMarketPlace Since July 1, 2003, the Department has been using the State of Florida's web -based electronic procurement system, MyFloridaMarketPlace. BIDDERS MUST BE REGISTERED IN THE STATE OF FLORIDA'S MYFLORIDAMARKETPLACE SYSTEM BY THE TIME AND DATE OF THE BID OPENING OR THEY WILL BE CONSIDERED NON -RESPONSIVE (see Special Condition 20). All prospective bidders that are not registered should go to https://vendor.myfloridamarketplace.com/ to complete on-line registration, or call 1- 866-352-3776 for assisted registration. All payment(s) to the vendor resulting from this competitive solicitation WILL be subject to the 1 % MFMP Transaction Fee in accordance with the attached Form PUR 1000 General Contract Condition #14. 2) Florida Department of Financial Services (DFS) W-9 INITIATIVE In order to prepare for the 3 percent Federal withholding law that takes effect January 1, 2013, the Florida Department of Financial Services (DFS) needs all vendors that do business with the state to submit an electronic W-9 by October 2011. Vendors must submit their W-9 forms electronically at https://flvendor.myfloridacfo.com before October 2011 to receive further payments from the state. Contact the DFS Customer Service Desk at (850) 413-5519 or FLW9(c�myfloridacfo.com with any questions and visit https://flvendor.myfloridacfo.com to find more 3 percent Federal withholding law information. 3) QUESTIONS & ANSWERS In accordance with section 287.057(23), Florida Statutes, 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. Any technical questions arising from this Invitation to Bid must be forwarded, in writing, to the procurement agent identified below. Questions must be received no later than the time and date reflected on the Timeline. The Department's written response to written inquiries submitted timely by bidders will be posted on the Florida Vendor Bid System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", click on "Search Advertisements"), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting their bid. WRITTEN TECHNICAL QUESTIONS should be submitted to: Gaylia Boerner, gaylia.boerner@u,dot.state.fl.us; Central Procurement Office, 605 Suwannee Street, Mail Station 20, Tallahassee, Florida 32399-0450, Fax Number: (850) 414-4951. Questions regarding administrative aspects of the bid process should be directed to the Procurement Agent in writing at the address above or by phone: (850) 414-4381 4) ORAL INSTRUCTIONS / CHANGES TO THE INVITATION TO BID (ADDENDA) No negotiations, decisions, or actions will be initiated or executed by a bidder as a result of any oral discussions with a State employee. Only those communications which are in writing from the Department will be considered as a duly authorized expression on behalf of the Department. Notices of changes (addenda) will be posted on the Florida Vendor Bid System at www.myflorida.com (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", click on "Search Advertisements") under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting your bid. All addenda will be acknowledged by signature and subsequent submission of addenda with bid when so stated in the addenda. 5) DIVERSITY ACHIEVEMENT The Department encourages the recruitment and utilization of small, minority, women, and service -disabled veteran businesses. The Department, its vendors, suppliers, and consultants should take all necessaryand reasonable steps to ensure that small, minority, women, and service -disabled veteran businesses have the opportunity to compete for and perform contract work for the Department in a nondiscriminatory environment. 6) PRICES/DELIVERY Price(s) shall include delivery to Department of Transportation location(s) in Florida. Delivery must be made within sixty (60) calendar days or less upon receipt of a purchase order by the contract vendor at their designated ordering location. If more time is needed, the bidder should state the extra time required and the reasons why, in their bid response. Acceptance will be subject to the Department's approval. , Refer to Section 6:1 — 6.1.2 of specifications for additional delivery requirements. Contractor shall complete delivery to DOT within fourteen (14) calendar days from anticipated date stated in acknowledgement form. , Contractor shall notify DOT personnel designated on purchase order no less than twenty-four (24) hours prior to delivery. Deliveries will be accepted only between 8:00 A.M. and 3:00 P.M. Monday — Thursday, No Friday deliveries. Deliveries not complying with these requirements may be rejected and will have to be re -delivered at contractor's expense. A Manufacture's Statement of Origin and a copy of warranty (ies) shall be provided upon delivery. 7) ACKNOWLEDGEMENT The "Acknowledgement of Order" Form (see attached) shall be mailed to the purchaser within ten (10) calendar days from the date the contractor receives the Purchase Order/Direct Order. 8) INTENDED AWARD As the best interest of the State may require, the right is reserved to make award(s) by individual item, group of items, all or none, or a combination thereof: on a geographical district basis and / or on a statewide basis with one or more suppliers to reject any and all bids or waive any minor irregularity or technicality in bids received. When it is determined there is competition to the lowest responsible bidder, evaluation of other bids is not required. Bidders are cautioned to make no assumptions, unless their bid has been evaluated as being responsive. All awards made as a result of this bid shall conform to applicable Florida Statute. If the Department is confronted with identical pricing or scoring from multiple vendors, the Department shall determine the order of award in accordance with Rule 60A-1.011 Florida Administrative Code. 9) PRE -BID CONFERENCE: A PRE -BID CONFERENCE WILL NOT BE HELD. 10) ALTERNATES Altemate brands will be considered for this bid. The "Department" reserves the right to require each bidder to demonstrate to the satisfaction of the "Department" that the items/materials will perform in a completely acceptable manner. In the event the "Department" judges that the demonstrated performance is unsatisfactory, the "Department" may reject the bid. The bidder must be prepared to demonstrate the materials within fourteen (14) days after the bid opening date. Demonstration time and place is subject to agreement of the "Department" and the bidder. Bidders submitting a bid that is based on an alternate brand of equipment must submit, with their bid, complete specifications and descriptive technical literature for the equipment proposed. 11) WARRANTY/SUBSTITUTIONS The Contractor shall warrant all components of its manufacture and design for a minimum of two (2) years following the date of acceptance and will replace to the FDOT any part found to be faulty in manufacture or workmanship. The warranty shall include parts and labor at the delivery location or at the contractor's services location, at the option of FDOT. Parts and services must be available within two (2) working days. Components not of the contractor's design and manufacture, such as the carrier, water pumps, valves, etc., are subject to the OEM warranty. In any case all warranties must be at least two (2) years. Dates or warranties are to be the date of acceptance by FDOT. The successful contractor shall act as FDOT's agent regarding any warranty claim on OEM warranted components. Any deviation from this criteria must be documented in the vendors bid response or the above statement shall prevail. 12) REPLACEMENT/RESTOCKING Replacement of all materials found defective within the warranty period shall be made without cost to the purchaser, including transportation if applicable. All fees associated with restocking cancelled orders shall be the responsibility of the vendor. 13) PRODUCT REQUIREMENTS/SPECIFICATIONS items furnished shall be standard products of the manufacturer or their suppliers, shall be new, unused, clean, and free from any defects or features affecting appearance, serviceability, or the safety of the user in normal intended use. Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful bidder will be held responsible therefore. Deviations must be explained in detail on separate attached sheet(s). 14) ACCEPTANCE All items listed in the specifications, delivered to the Department not meeting specifications or found to be poorly manufactured will not be accepted, but retumed to the vendor, at their expense, for replacement. Replacement of all items found defective shall be made without cost to the Department, including transportation, if applicable. As it may be impossible for each facility to inspect all items upon arrival, a reasonable opportunity must be given to these facilities for inspection of the items, and returning those that are defective. 15) REVIEW OF BIDDER'S FACILITIES & QUALIFICATIONS After the bid due date and prior to contract execution, the Department reserves the right to perform or to have performed, an on -site review of the bidder's facilities and qualifications. This review will serve to verify data and representations submitted by the bidder and may be used to determine whether the bidder has adequate facilities, equipment, qualified and experienced staff, and overall management capabilities to provide the required items. The review may also serve to verify whether the bidder has financial capabilities adequate to meet the contract requirements. Should the Department determine that the bid package has material misrepresentations or that the size or nature of the bidder's facilities, equipment, management capabilities, orthe number of experienced personnel (including technical staff) are not adequate to ensure satisfactory contract performance, the Department has the right to reject the bid. 16) PROTEST OF INVITATION TO BID SPECIFICATIONS Any person who is adversely affected by the contents of this Invitation to Bid must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450: 1. A written notice of protest within seventy-two (72) hours after the posting of the solicitation, and 2. A formal written protest in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. 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. 17) UNAUTHORIZED ALIENS The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 18) SCRUTINIZED COMPANIES LISTS Section 287.135, Florida Statutes, requires that at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that the company is not on either the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes. Bid responses of $1 million or more must include the attached Scrutinized Companies Lists Form to certify the respondent is not on either of those lists. 19) RESERVATIONS The Department reserves the right to accept or reject any or all bids received and reserves the right to make an award without further discussion of the bids submitted. Therefore, the bidder should make sure that the bid package submitted is complete and accurate and submitted to ensure delivery on or before the bid opening time and date specified in this solicitation. It is understood that the bid will become a part of the Department's official file, without obligation to the Department. 20) ADDITIONAL TERMS & CONDITIONS No conditions may be applied to any aspect of the ITB by the bidder. Any conditions placed on any aspect of the bid documents by the bidder may result in the bid being rejected as a conditional bid (see "RESPONSIVENESS OF BIDS"). DO NOT WRITE IN CHANGES ON ANY ITB SHEET. The only recognized changes to the ITB prior to bid opening will be a written addenda issued by the Department. 21) RESPONSIVENESS OF BIDS Bids will not be considered if not received by the Department on or before the date and time specified as the due date for submission. All bids must be typed or printed in ink. A responsive bid is an offer to provide the items specified in this Invitation to Bid in accordance with all requirements of this Invitation to Bid. Bids found to be non -responsive will not be considered. Bids may be rejected if found to be irregular or not in conformance with the specifications and instructions herein contained. A bid may be found to be irregular or non -responsive by reasons that include, but are not limited to, failure to utilize or complete prescribed forms, modifying the bid specifications, submitting conditional bids or incomplete bids, submitting indefinite or ambiguous bids, or executing forms or the bid sheet with improper and/or undated signatures. Other conditions which may cause rejection of bids include, evidence of collusion among bidders, obvious lack of experience or expertise to provide the required items, and failure to perform or meet financial obligations on previous contracts. 22) REQUIRED DOCUMENTS The bidder must use the attached Bid Sheet to submit its bid. The Bid Sheet must be signed and dated in ink by a representative who is authorized to contractually bind the bidder. All bid sheets and other documentation submitted in response to this solicitation must be executed and submitted in a sealed envelope. Indicate the bid number, with the time and date of the bid opening, on the envelope used to return the bid. 23) "DRUG -FREE WORK PLACE" PREFERENCE Whenever two or more bids which are equal with respect to price, quality, and service are received, the Department shall determine the order of award in accordance with Rule 60A-1.011 Florida Administrative Code, which includes a preference for bid responses that certify the business has implemented a drug -free workplace program in accordance with Section 287.087, F.S. The "Drug -Free Workplace Program Certification" must be completed and submitted with the bid response for this preference. 24) COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of a bid only if accompanied by a waiver that will allow the Department to make paper and electronic copies necessary for the use of Department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. 25) ATTACHMENT TO ITB SUBMITTAL - CONFIDENTIAL MATERIAL The Bidder must include any materials it asserts to be exempted from public disclosure under Chapter 119, Florida Statutes, in a separate bound document labeled "Attachment to Invitation to Bid, Number ITB-DOT- 11/12-9005-GB - Confidential Material". The Bidder must identify the specific Statute that authorizes exemption from the Public Records Law. Any claim of confidentiality on materials the Bidder asserts to be exempt from public disclosure and placed elsewhere in the bid will be considered waived by the Bidder upon submission, effective after opening. 26) MAIL OR DELIVER BIDS TO: (DO NOT FAX) Florida Department of Transportation Central Procurement Office Gaylia Boerner, Procurement Agent 605 Suwannee Street, Mail Station 20 Tallahassee, Florida 32399-0450 Phone # (850) 414-4381 It is the bidder's responsibility to assure that the bid is delivered to the proper place on or before the Bid Due date and time (See Introduction Section 2, Timeline). Bids which for any reason are not so delivered will not be considered. 27) MODIFICATIONS, RESUBMITTAL AND WITHDRAWAL Bidders may modify submitted bids at any time prior to the bid due date. Requests for modification of a submitted bid shall be in writing and must be signed by an authorized signatory of the bidder. Upon receipt and acceptance of such a request, the entire bid will be retumed to the bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the bid. The ITB number, opening date and time should appear on the envelope of the modified bid. 28) BID OPENING The sealed bids will be opened by the Department's Procurement Office personnel at the date, time and location in the Timeline. All bid openings are open to the public. 29) POSTING OF INTENDED DECISION/AWARD 29.1 - General: The Department's decision will be posted on the Florida Vendor Bid System at www.myflorida.com, (click on "BUSINESS", click on "Doing Business with the State", under "Everything for Vendors and Customers", click on "Vendor Bid System (VBS)", on date and time in the Timeline, and will remain posted for a period of seventy-two (72) hours. Any bidder who is adversely affected by the Department's recommended award or intended decision must file the following with the Department of Transportation, Clerk of Agency Proceedings, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0450: 1. A written notice of protest within seventy-two (72) hours after posting of the Intended Award, and 2. A formal written protest and protest bond in compliance with Section 120.57(3), Florida Statutes, within ten (10) days of the date on which the written notice of protest is filed. At the time of filing the formal written protest, a bond (a cashier's check or money order may be accepted) payable to the Department must also be submitted in an amount equal to one percent (1 %) of the estimated contract amount based on the contract price submitted by the protestor. 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. 29.2 - Inability to Post: If the Department is unable to post as defined above, the Department will notify all bidders by electronic notification on the Florida Vendor Bid System (see special condition 28.1, above) or by mail, fax, and/or telephone. The Department will provide notification of any future posting in a timely manner. 29.3 - Request to Withdraw Bid: Requests for withdrawal will be considered if received by the Department, in writing, within seventy-two (72) hours after the bid opening time and date. Requests received in accordance with this provision will be granted by the Department upon proof of the impossibility to perform based upon obvious error on the part of the bidder. Bidders that do not withdraw as stated above will forfeit their bid bond, if applicable. 30) RECYCLED MATERIAL The Department encourages the use of products and materials with recycled content and post -consumer recovered materials. If the item(s) specified in the Technical Specification is available with recycled content, we request that you provide product information to help in our search for recycled products. However, this bid request is for the product as specified herein and does not require prices for recycled product. This information should be sent as part of your bid response or may be sent separately. 31) PRICE ADJUSTMENTS The Department may, in its sole discretion, make an equitable adjustment in the Contract terms and/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 Vendor'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 Vendor that continued performance of the Contract would result in a substantial loss. The Vendor shall provide thirty (30) days written notice to the Department and written approval from the Department is required. Documentation of cost adjustments shall be provided by the Vendor to the Department. 32) DELIVERY LOCATION(S) The primary point of delivery for this contract will be various Department of Transportation location(s) in Florida. Delivery locations will be listed on the Purchase Order/Direct Order except for the 1st delivery which will be delivered to FDOT Midway Maintenance Yard, 0.1 mile north of 1-10 and Highway 90 West, Tallahassee, Florida. 33) CANCELLATION All contract obligations shall prevail for at least one hundred and eighty (180) days after the effective date of the contract. For the protection of both parties, this contract may be cancelled in whole or in part after one hundred and eighty (180) days by either party giving thirty (30) days prior written notice to the other contract party. The contract may, also, be cancelled by the Department for nonperformance (default) in accordance with Rule 60A-1.006(3), F.A.C. 34) ORDERING INSTRUCTIONS Manufacturers are encouraged to bid direct naming dealers who will accept orders and complete deliveries. Bidders must include complete ordering instructions, including FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEID), for invoicing dealers, with the bid on a separate sheet. 35) ORDER QUANTITIES No minimum order quantities will be accepted. The Department will order as needed in the quantities needed. 36) OPEN PURCHASE ORDERS The Department may, at its discretion, establish an open (estimated quantity) purchase order with the contract vendor(s) to facilitate the purchasing of materials. The purchase of materials may be placed by; (1) written purchase order, (2) telephone orders by authorized Department personnel, or (3) an itemized order in writing. The Department will supply the contract vendor(s) with a list of personnel authorized to order. Delivery of items on these open purchase orders shall not exceed the contract effective period. 37) INVOICING Invoices must match units specified on the Purchase Order. 38) FORMS The Bidder must complete all required items below and submit them as part of the Bid package. Any Bid in which these forms are not used or in which these forms are improperly executed may be considered non- responsive and the bid may be subject to rejection. Bid Sheet Drug -Free Workplace Program Certification (if applicable) Scrutinized Companies Lists (bids of $1 million or more) Certification of Recycled Content (if applicable) Ordering Instructions 39) TERMS AND CONDITIONS All responses are subject to the terms and conditions of this solicitation, which, in case of conflict, shall have the following order of precedence listed: Special Conditions Technical Specification Bid Sheet Purchase Order Conditions and Instructions Instructions to Respondents (PUR 1001) General Conditions (PUR 1000) Introduction Section 40) ATTACHED FORMS PUR 1000, GENERAL CONTRACT CONDITIONS AND PUR 1001, GENERAL INSTRUCTIONS TO RESPONDENTS These are standard forms that the Department is required to include in all formal solicitations. The following paragraphs do not apply to this Invitation to Bid: Paragraph 31, Dispute Resolution - PUR 1000 Paragraph 3, Electronic Submission - PUR 1001 Paragraph 4, Terms and Conditions — PUR 1001 Paragraph 5, Questions — PUR 1001 41) E-VERIFY UTILIZATION The Florida Department of Transportation shall require the following as a condition of all contracts: Vendor/Contractor: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 42) LIQUIDATED DAMAGES As timely delivery is of importance to the functioning of the agency, the Department reserves the right to cancel such items of the contract which are not delivered within the required time for such items. Failure by the Vendor(s) to deliver items as specified within the stated time may subject the Vendor(s) to liquidated damages in the amount of one percent (1 %) of the bid price of the items for each day beyond the stated time. FLORIDA DEPARTMENT OF TRANSPORTATION EQUIPMENT SPECIFICATION Specification Number: FC 1111 Date: June 8, 2011 Unit of Equipment: Asphalt Patch System, Truck Mounted ATTENTION PROSPECTIVE SUPPLIERS: In order for your bid on this equipment to be considered, all questions in this specification must be answered and all information asked for must be supplied. Incomplete or inappropriate (i.e., responding "yes" or "no" when specific information is asked for) responses will result in your bid being rejected. 1.0 INTENT: The intent of this specification is to provide minimum procurement requirements for a truck mounted asphalt patch system consisting of a 4 cubic yard minimum capacity heated body with conveyor discharge, heated emulsion tank, tack sprayer, hand torches, and other components required to apply hot mix patching compounds. The.unit will be•a completely finished, integrated, turnkey system, mounted by the supplier on the carrier supplied by the Florida Department of Transportation (FDOT). YES Understand and Acknowledge? (Yes/No) The unit required and covered by this specification shall be the manufacturers latest basic production model and shall be equipped with all standard equipment in accordance with the manufacturer's latest literature, two copies of which must accompany the bid. No prototypes are allowed. The unit bid must have basically been in production for a minimum of one year. YES Understand and Acknowledge? (Yes/No) This contract will not be awarded until the FDOT Office of Maintenance is satisfied that the equipment proposed will meet the specification in every way. This may require interviews, documentary evidence, an equipment demonstration and inspection at an FDOT location of our choosing, or any combination of the above. Prospective suppliers will be expected to be fully cooperative with providing any reasonable evidence of specification compliance by the above methods. A maximum of 30 days between bid opening and contract award may be required for this process. After contract award, specification compliance will be reconfirmed by inspection, documentation, and demonstration when the first and subsequent items are delivered, prior to • acceptance. (See Section 6.0) YES Understand and acknowledge? (Yes/No) 1.1 DEFINITIONS: "Approved Equivalent" Bidders may substitute components for those listed only if written approval (FAX is permitted) is granted by the Florida Department of Transportation State Mechanical Equipment Engineer prior to bid opening. If this has not been accomplished by bid opening time, your bid will be rejected. The FDOT assumes no responsibility for responding to requests for approval of altemates in time for bid opening, as a technical evaluation frequently must be performed. Therefore, bidders are cautioned that quoting of the components listed may be advisable if lead time is short. Note: Inadvertent acceptance of previous bids with alternate components shall not be construed as FDOT approval of such altemate components. YES Understand and Acknowledge? (Yes/No) Manufacturer's model numbers: when a manufacturer's model number is stated, it is understood that design changes to the stated model by the manufacturer are not subject to the control of the FDOT and that the intent is to procure anitem substantially identical .to that version last procured by, demonstrated to, or otherwise brought to the attention of the FDOT. It is explicitly understood that it is the responsibility of the bidder to notify the FDOT of any changes of consequence. Please contact the person named on the bid documents for information regarding the last model for which information is on record with the FDOT bid evaluators. YES Understand and Acknowledge? (Yes/No) "Heavy Duty". This term means that the design and construction of the item is sufficiently rugged and has adequate safety factor to stand up to the sort of use typically expected to be experienced by FDOT drivers/operators without structural or functional failure or other consequences such that the item causes or will probably cause excessive down time. The Mechanical Equipment Engineer or the Equipment Coordinator may accept or reject items bid based on their judgment of compliance with this provision without the necessity for a field trial, or may require testing and verification at his discretion. YES Understand and Acknowledge? (Yes/No) "Per spec". Whenever a specification such as SAE, OSHA, or FED -STD (but not limited to those) is referred to, the latest version as of the date of bid opening is the version to be used. If an update takes place between the time of bid opening and equipment delivery, the successful bidder and the FDOT will mutually agree in writing on which version shall prevail unless there are statutory requirements that the new version be used. YES Understand and Acknowledge? (Yes/No) 2.0 CARRIER: Unless option 9.2 for vendor supply of the carrier is exercised, the carrier will be supplied by the Florida Department of Transportation. The successful bidder shall specify to the Department the minimum chassis requirements including HP, GVWR, GAWRs, RBM, CA, PTO provisions and 'any other feature necessary for the proper operation of the asphalt patching system. This shall be done with the bid package. Bidder shall supply information for both crew cab and conventional cab -chassis. Bidder shall supply information such that the resulting carrier and asphalt patching system combination will be capable of 65mph on a level pavement. The combined cost of the carrier and the asphalt patching unit will be considered for bid award. The Department will notify the successful bidder when the chassis is available forr pick up. Pickup and delivery of the unit shall be at the Purchase Order destination unless specified otherwise. See applicable option. YES Understand and Acknowledge? (Yes/No) 3.0 ASPHALT PATCHING SYSTEM: The asphalt patch system shall consist of a 4 cubic yard minimum capacity heated body with conveyor discharge, heated emulsion tank, tack sprayer, hand torches, and other components required to apply hot mix patching compounds. 3.1 BODY: 3.1.1 The body shall have a minimum useable capacity of 4 cubic yards. 5.17 CU YDS Capacity 1 3.1.2 The body shall use a screw auger to convey the asphalt. Belt conveyors are not acceptable. The screw auger shall be hydraulically driven and reversible. Auger controls shall all be at the operator's normal work station. A means shall be provided to prevent the asphalt from bridging over the conveyor. YES Comply? (Yes/No) 3.1.3 The body shall be double walled and fully insulated to minimize heat loss. Hydraulically operated insulated double walled doors shall cover the top. YES Comply? (Yes/No) 3.2 HEATING SYSTEM: 3.2.1 The body shall be heated by electrical resistance heaters powered by a hydraulically driven generator. The heating system shall have sufficient capacity to reliably maintain the asphalt at temperatures up to 300° F with a reasonable operational safety margin. Systems using heat transfer oil will not be acceptable. There shall be no propane tank or heating system on the unit. YES Comply? (Yes/No) 3.2.2 The heaters shall be thermostatically controlled to maintain a pre-set temperature. Controls shall have a failsafe mode to prevent overheating of material. YSE Comply? (Yes/No) 3.2.3 A means shall be provided for standby heating of the asphalt by connecting to a 220 /230V single phase outlet. This mode of heating shall be regulated in the same manner and to the same degree as the operational mode described in 3.2.1 and 3.2.2. YES Comply? (Yes/No) 3.3 EMULSION TANK: 3.3.1 The emulsion tank shall have a minimum capacity of 80 gal. YES Comply? (Yes/No) 3.3.2 An auxiliary tank for cleaning fluid to flush out the emulsion system shall be provided. Tank capacity shall be a minimum of 18 gal. YES Comply? (Yes/No) 3.3.3 " The emulsion tank shall be heated by a thermostatically controlled 230 volt minimum heater with no direct contact with the tack oil. YES Comply? (Yes/No) 3.3.4 Provision shall be made for standby heating of the tack oil by plugging into a 230 volt nominal external power source. YES Comply? (Yes/No) 3.3.5 A spray wand 5 feet long with a fan nozzle shall be provided. The wand shall be provided with a minimum 12 foot hose. Hose and wand shall be securely and neatly storable. YES Comply? (Yes/No) 3.3.6 The emulsion system shall have a compressed air supply plumbed to blow debris from holes to be patched and dean out wand and hose. Air to be supplied from either a separate compressor or utilize the truck air compressor. If the truck compressor is used, OEM parts shall be used for all plumbing. System shall be valved so that no air can be taken from the truck system if the truck system air pressure drops below 70 psig. 3.4 HYDRAULIC SYSTEM: 3.4.1 Hydraulic power shall be supplied by a PTO -driven hydraulic pump. YES Comply? (Yes/No) 3.4.2 The asphalt conveyor drive shall be provided with sufficient power at the auger to convey cold stiff mix. There shall be no damage to the auger or drive with repeated operation conveying cold stiff mix. YES Comply? (Yes/No) 3.4.3 Hydraulic system shall include reservoir, relief valve, filter, pressure gauge, and necessary piping. Components shall be sized to provide sufficient power and capacity to operate hydraulic functions in a heavy-duty service environment. YES Comply? (Yes/No) 3.4.3 Controls and gauges for hydraulic functions shall be located at the rear of the truck on the right side. YES Comply? (Yes/No) 3.4.5 Controls shall be clearly labeled as to the function and direction of movement. YSE Comply? (Yes/No) 3.5 TOOLS AND ACCESSORIES: 3.5.1 A minimum 67 Ib. class • hydraulic hammer/cutter with .chisel point and tamper shoe shall be provided. Hammer/cutter is to be mounted on the same platform as the vibratory compactor, below. A minimum 25 feet long hydraulic hose with quick disconnect fittings on a self -retracting hose reel shall be provided. YES Comply? (Yes/No) 3.5.2 A gasoline driven vibratory compactor, minimum 2,000 Ib. centrifugal force, with a hydraulic lift platform on the back of the truck shall be provided. YES Comply? (Yes/No) 3.5.3 An asphalt rake with a seven foot handle shall be provided. YES Comply? (Yes/No) 3.5.4 A minimum 1 cubic yard spoils bin with gravity dump shall be provided. YES Comply? (Yes/No) 3.5.5 Lockable tool boxes, mounted on the unit and easily accessible from the ground, all keyed alike, and shall be provided to carry hydraulic tools and accessories. Boxes shall be designed to prevent the intrusion of moisture. No inside dimension on any tool box shall be less than 12 inches. YES State number and size 3.5.6 A 200,000 British thermo unit minimum hand torch with 15 Ft. of hose and reel shall be provided. YES Comply? (Yes/No) 4.0 OPTIONS: (May or may not,be purchased at discretion of the FDOT. Option price may be considered as basis of award.) 4.1 Provide a rear mounted arrow board 30" x 60", 13 light minimum with controls in cab. Board must be a pre - approved model for use by FDOT and hold a FDOT Certificate of Conformance as an approved traffic control device. Superior Signals Board SV 3973060 $ 1,992.00 Model provided? Price 5.0 PAINTING: All exterior mounted components furnished by the supplier shall be painted to match the carrier as described in 2.0. The paint system should include the following steps, as a minimum: 1. All surfaces shall be groundsmooth with welding slag,burrs and sharp edges removed. 2. All surfaces shall be sandblasted to white metal and then immediately receive one (1) coat of rust inhibitive primer. 3. All primed surfaces shall receive two (2) coats of premium grade automotive enamel to match Yellow# 13538 of Federal Standard 595. Some areas may be black if subject to contact with patching materials. All primed surfaces shall receive two (2) coats of premium grade automotive enamel to match DOT Yellow (DuPont Centari L9069A, Freightliner 3258, GM 86, International 4421). 4. All exposed hydraulic cylinder piston rods shall be covered to prevent over spray during painting. YES Comply? (Yes/No) 5.1 CONSPICUITY MARKING: A single 2 in. wide, red/white strip of reflective tape shall be applied so as to cause the limits of the truck from any angle to be visible at night when illuminated by oncoming traffic. The tape should be applied at a minimum height of 4 ft, but may vary according to truck or body configuration. On the rear of the vehicle the tape will be applied to the upper portion of the bumper. Gaps in the tape where members protrude or the configuration does not lend itself to tape application will be normal. Reflexite North America, PH. (800) 654- 7570, is an approved source for this type of reflective tape. Their type V82-5549-020150 Red/White retro- reflective conspicuity tape 7/11 pattern, 10 year is currently being used by the Department. Other brands of reflective tape will require prior approval by the Department. YES Comply? (Yes/No) 6.0 CONDITIONS: Terms and conditions set forth in the bid documents will overrule this specification when there is disagreement between the specification and bid documents. 6.1 DELIVERY AND ACCEPTANCE: 6.1.1 Regardless of the destination specified on the Purchase Order, the first item procured under this specification shall be delivered to the FDOT Midway Maintenance yard, 0.1 mile north of 1-10 and Highway 90 west, Tallahassee, Florida. The person(s) named at the end of this specification shall be notified of this delivery 7-10 calendar days in advance. Following delivery, the unit will be thoroughly inspected for compliance with these specifications. Items found to not be in compliance will be corrected by supplier and brought into compliance before final acceptance. The unit will then be taken by the supplier to the Purchase Order destination. All subsequent units will be inspected under the same terms at their Purchase Order destinations. YES Comply? (Yes/No) 6.1.2 Failure of FDOT personnel to discover defects during an inspection does not relieve the vendor from responsibility for correcting areas of non-compliance found after delivery on the inspected unit and on prior and subsequent units. YES Understand and Acknowledge? (Yes/No) 6.2 STANDARDS: 6.2.1 The unit shall comply with all Motor. Vehicle Safety Standards as established by the U. S. Department of Transportation, all safety requirements of the latest issues of ANSI Standards and OSHA Standards, and all other Federal and State of Florida legal requirements and safety standards. YES Comply? (Yes/No) 6.3 DOCUMENTATION: 6:3.1 Bidders must submit two (2) copies of current manufacturer's data to substantiate compliance with the specifications, and a list of dealers in or near Florida. YES Comply? (Yes/No) 7.0 TRAINING: 7.1 MANUALS: 7.1.1 Two (2) manufacturer's operator manuals and two (2) each lubrication/maintenance manuals and two (2) repair/parts manuals to be delivered with each unit. YES Comply? (Yes/No) 7.1.2 The supplier shall ensure that all service bulletins, recall notices, and/or other service or maintenance information for the reasonable life of the machines supplied are sent to the FDOT shop to which the machines are assigned. YES Comply? (Yes/No) 7.1.3 The supplier will provide a checklist for periodic preventive maintenance suitable for reproduction on 81/2 by 11 paper. YES Comply? (Yes/No) 7.2 PERSONNEL TRAINING:, 7.2.1 The services of a factory technician or technicians, thoroughly trained in the use and operation of the unit, shall be furnished for a period of not Tess than two (2) days, to instruct personnel in the use, operation and maintenance of the unit after delivery. This is to be done at the delivery location. YES Comply? (Yes/No) 8.0 WARRANTY: 8.1 The supplier shall warrant all components of its manufacture and design for a minimum of two years following the date of acceptance and will replace to the FDOT any part found to be faulty in manufacture, design or workmanship. The warranty shall include parts and labor for the first year at the delivery location or at the supplier's service location in Florida, at the option of the FDOT. After one year, labor will be included only at the supplier's service location. YES Comply? (Yes/No) 8.2 Components not of the supplier's design and manufacture, with exception of the carrier, are subject to the OEM warranty. In any case all warranties must be for at least one year. Dates of warranties are to be the date of acceptance by FDOT. The successful bidder shall act as FDOT's agent regarding any warranty claim on OEM warranted components. YES Comply? (Yes/No) 9.0 OPTIONS: 9.1 May or may not be purchased at discretion of the FDOT. Option price may be considered as basis of award. It is recognized that not all bidders offer all options listed; there is no penalty for not bidding an option. It is also recognized that some bidders may offer optional features which are standard equipment with others. The FDOT will make every reasonable effort to evaluate bids based on comparable equipment. List all prices and deliveries that apply on cost sheet. 9.2 Carrier supplied by vendor. Provide complete information on carrier proposed, delivery time and price. Carrier must be a heavy duty, air conditioned, diesel powered truck with automatic transmission. Color DOT Yellow (DuPont Centari L9069A, Freightliner 3258, GM 86, International 4421). PAINTING: All exterior mounted components furnished by the supplier shall be painted to match the carrier, except small items of hardware may be gloss black. The paint system should include the following steps, as a minimum: 1. All surfaces shall be ground smooth with welding slag; burrs and sharp edges removed. 2. All surfaces shall be sandblasted and then immediately receive one (1) coat of rust inhibitive primer. 3. All primed surfaces shall receive two (2) coats of premium grade automotive enamel to match DOT Yellow (DuPont Centari L9069A, Freightliner 3258, GM 86, International 4421). 4. All exposed hydraulic cylinder piston rods shall be covered to prevent over spray during painting. State whether truck bid is one time bid or for the life of the contract. All trucks bid will be subject to Department of Management Services approval. Attach complete information. Bid cannot be awarded until Department of Management Services approval has been obtained. NOTE: Specification problems, questions, or comment: Problems, questions, or comments regarding this specification must be submit to the Procurement Office in writing FAX (850) 414-4951 a minimum of 10 days prior to bid opening Gaylia Boerner, FCCM Procurement Agent Florida Department of Transportation 605 Suwannee Street, MS 20 Tallahassee, Florida 32399-0450 YES Understand and Acknowledge? (Yes/No) ACKNOWLEDGMENT OF ORDER PURCHASING AGENCY: CONTACT PERSON: ADDRESS: CITY STATE ZIP *********************************************************** Your purchase order number was received on The order was placed with the manufacturer on . We anticipate delivery to your agency on or about Please reference your purchase order number or the production number if an inquiry should become necessary. Contractor(s) request that purchaser(s) refrain from inquires about delivery unless the anticipated delivery has been exceeded. ******************************************************* CONTRACTOR NAME: ADDRESS CITY STATE ZIP SIGNATURE DATE ******************************************************* COMMENTS: PURCHASE ORDER CONDITIONS AND INSTRUCTIONS -1. - This purchase order was issued through MyFloridaMarketPlaceand is therefore subject to a Transaction Fee of 1% (.01) on the total dollar amount of the invoice, unless otherwise exempted by rule. 2. Pursuant to section 287.058(1), F.S., the provisions of section 287.058(1)(a)-(f), F.S. are hereby incorporated by reference, to the extent applicable. Pursuant to section 287.0582, F.S., if this purchase order binds the State or an executive agency for the purchase of services or tangible personal property for a period in excess of one (1) fiscal year, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Travel expenses are not reimbursable unless specifically authorized in writing, and shall be reimbursed only in accordance with section 112.061, F.S. This purchase order may be unilaterally cancelled by the customer for vendor's refusal to allow public access to all documents, papers, letters or other material, whether made or received in conjunction with this agreement which are subject to the public records act, Chapter 119, Florida Statutes. 4. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. Any increase in cost may be charged against the vendor. 5. Items received in excess of quantities specified may, at purchaser's option, be retumed at the vendor's expense. Substitutions are not permitted. Section 215.422, F.S., provides that agencies have 5 working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. ti. In accordance with Section 287.133(2)(a) and 287.134(2)(a), F.S., an entity or affiliate who has been on the convicted vendor list or the discriminatory vendor list, respectively, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not award or perform work as a contractor, supplier, sub -contractor, or consultant under contract with any public entity; and may not transact business with any public entity. 7. The vendor 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, the vendor 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 termination or cancellation of this purchase order. 8. Pursuant to section 216.347, F.S., the vendor may not expend any State funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. in addition, 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 Inspector General or any other authorized State official, the vendor shall provide any type of information the Inspector General deems relevant to the vendor's integrity or responsibility. Such information may indude, but shall not be limited to, the vendor's business or financial records, documents,' or -files of any type or form that refer to or relate to the purchase order. The vendor shall retain such records for the longer of (1) three years after the expiration of the purchase order or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dlis.dos.state.fi.us!bamVgenschedules/gensched.htm). The vendor 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 vendor's compliance with the terms of this or any other agreement between the vendor and the State which results in the suspension or debarment of the vendor. 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 vendor shall not be responsible for any costs of investigations that do not result in the vendor's suspension or debarment. 9. -The purchaser assumes no liability for merchandise shipped to other than the specified destination. 10. The terms of this purchase order may not be modified. Any attempt to modify a purchase order for goods or services shall not be accepted as the basis for additional compensation. 11. Interest penalties for late payment are available subject to the provisions of section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency may be contacted at 850-488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. 12. The following provisions shall apply to all purchase orders UNLESS OTHERWISE INDICATED IN A SEPARATE APPLICABLE DOCUMENT agreed to by the purchaser and the vendor: A. All purchases are F.O.B, Destination, transportation charges prepaid. B. Each shipment must be shipped to the address indicated on the face of this purchase order and marked to the attention of the individual identified, if any. Each shipment must be labeled plainly with the purchase order number and must show the gross, tare, and net weight. A complete packing list must accompany each shipment. This paragraph shall also apply to any third party who ships items against this purchase order on behalf of the vendor. C. No extra charges shall be applied for boxing, crating, packing, or insurance. D. The following delivery schedule shall apply: 8:00 AM — 4:00 PM, Monday through Friday, excluding legal holidays. E. If delivery to the specified destination cannot be made on or before thespecified date, notify the purchaser immediately using the contact information provided in the MyFioridaMarketPlace system. 13. By accepting this electronic purchase order, the vendor agrees to be bound by these conditions and instructions. State of Florida PUR 1000 General Contract Conditions Contents 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. v 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Govemmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation 'of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 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). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or fumish 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. 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. 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 Pricing 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 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 Adjustment. 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. 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. 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. 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. 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 fumished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 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. 10. Literature. Upon request, the Contractor shall fumish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 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. 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 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. 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. 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. 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 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. 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 solicitationor in the Contract or purchase order. 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. 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 Contractor (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/genschedules/gensched.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. 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 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. 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. 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. 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. 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., govems 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, 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. 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 i foregoing that affect subcontractors or suppliers if no altemate 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 isnot 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. 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. 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 thesolicitationresponse. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 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. 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 ordersfor 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 orderingentity, 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. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information conceming 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. 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. 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 bome 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. 31. Dispute Resolution. Any dispute conceming 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. 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 fumish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract mustcomplywith 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. 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. 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. 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. 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. 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 government. 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. 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. 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. 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 concemed.". Additional information about PRIDE and the products it offers is available at htto://www.oridefi.com. 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 tarry 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. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govem 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. 43. Cooperative Purchasing. Pursuant to their own goveming 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. 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. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract maybe executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 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. State of Florida PUR 1001 General Instructions to Respondents Contents 1. Definitions. 2. General Instructions. 3. Electronic Submission of Responses. 4. Terms and Conditions. 5. Questions. 6. Conflict of Interest. 7. Convicted Vendors. 8. Discriminatory Vendors. 9. Respondent's Representation and Authorization. 10. Manufacturer's Name and Approved Equivalents. 11. Performance Qualifications. 12. Public Opening. 13. Electronic Posting of Notice of Intended Award. 14. Firm Response. 15. Clarifications/Revisions. 16. Minor Irregularities/Right to Reject. 17. Contract Formation. 18. Contract Overlap. 19. Public Records. 20. Protests. 21. Limitation on Vendor Contact with Agency During Solicitation Period 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. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. 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. 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. 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. 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. 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. 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. 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 govemmental 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 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 certificationchad 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. 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. 11. Performance Qualifications. The Buyer reserves the right to investigate or inspect at anytime 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 fumished 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. 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 opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Service at (800) 955-8771 (TDD). 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 http://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. 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. 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. 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. 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. 18. Contract Overlap. Respondents shall identify any products covered by this solicitation that they are currently authorized to fumish under any state term contract. By entering .into the Contract, a Contractor authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its best interest. 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. 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." 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." 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. BID CHECKLIST (DOES NOT NEED TO BE RETURNED WITH YOUR BID) This Checklist is provided as a guideline, only, to assist bidders in the preparation of their bid response. Included are some important matters that the bidder should check. This checklist is lust a guideline, and is not intended to include all matters required by the ITB. Bidders are responsible to read and comply with the ITB in its entirety. Check off each the following: 1. The "Bid Sheet" has been filled out completely, signed, and enclosed in the bid response. 2. The Federal Employers Identification Number or Social Security Number has been entered in the space provided. 3. "Drug -Free Workplace Program Certification" form has been read, signed, and enclosed in the bid response, if applicable. 4. "Scrutinized Companies Lists" certification form has been read, signed, and enclosed inrthe bid response, if applicable (bids of $1 million or more). 5. The Technical Specifications section has been thoroughly reviewed for compliance to the bid requirements. 6. The prices bid have been reviewed for accuracy and all price corrections have been initialed in ink. 7. The "Certification of Recycled Content" form, (if applicable) has been filled out completely and enclosed in the bid response. 8. The "Ordering Instructions" form has been completed and enclosed in the bid response. 9. The www.myflorida.com website has been checked and any Addendums posted have been completed, signed, and included in the bid response. 10. The bid response must be received, at the location specified, prior to the Bid Due Date and Time designated in the ITB. 11. On the Lower Left Hand Corner of the Envelope transmitting your bid response, write in the following information: Bid No.: ITB-DOT-11 / 12-9005-G B Title: ASPHALT PATCH TRUCK Opening Date & Time: SEPTEMBER 20, 2011 AT 3:00 PM LOCAL TIME