State of Nevada Brian SandovalDepartment of Administration Governor

Purchasing Division Patrick CatesDirector

515 E. Musser Street, Suite 300Carson City, NV 89701 Jeff Haag

Administrator

THE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FOR

8 CUBIC YARD HOPPER CARTRIDGE TYPE SANDER

INVITATION TO BID NO. 8559

F.O.B. Nevada Department of Transportation, 310 Galletti Way, Sparks, NV 89431

Release Date: June 2, 2017

Vendor Questions Due: June 7, 2017 @ 12:00 P.M., PT

Deadline for Submission and Opening Date and Time: June 21, 2017 @ 2:00 P.M., PT

Requisition No. NDEQ017490

For additional information or to obtain a copy of this Invitation to Bid, please contact:

Marti Marsh, Purchasing Officer(775) 684-0180

(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0180)

Refer to Page 18, for instructions on submitting bidsCompany Name:Contact Name:Title:Address:City: State: Zip:Telephone: Fax:Email Address:

While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women Business Enterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we make every effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits within these categories, please check appropriate boxes.

Minority Owned Women Owned Small Business

ITB #8559 Revised: 02-27-17 Page 1 of 30

TABLE OF CONTENTS

1. PROJECT OVERVIEW.........................................................................................................................3

2. ITEM SPECIFICATION........................................................................................................................3

3. ADDITIONAL REQUIREMENTS......................................................................................................16

4. PAYMENT...........................................................................................................................................17

5. BID SUBMITTAL INSTRUCTIONS..................................................................................................18

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS...................................................19

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS..........................................................22

ATTACHMENT A – COMPLIANCE CERTIFICATION.........................................................................30

ITB #8559 Revised: 02-27-17 Page 2 of 30

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to, NRS 281A, which can be found on the Purchasing Division’s website (http://purchasing.nv.gov).

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

1. PROJECT OVERVIEW

The purpose of this solicitation is to obtain competitive pricing for a one time purchase of an 8 Cubic Yard Sander to be installed on a Class 15 Nevada Department of Transportation (NDOT) cab and chassis truck. Following delivery of the completed unit, the Nevada Department of Transportation shall thoroughly inspect the unit(s) for total compliance with the body specifications. NDOT will not issue payment for completed units until any necessary changes or corrections have been made. Equipment must be new only; used, refurbished, demo, prototype or gray market equipment will not be accepted.

2. ITEM SPECIFICATIONS

Unless otherwise specified in this Invitation to Bid (ITB), reference to a specific manufacturer or a specific product or model in the bid specifications does not restrict bidders to that manufacturer, product or model. This method is used to indicate the functional requirements (e.g., type, design, characteristics, quality) of the article desired. Bids may be considered on other manufacturer’s products or other models determined by the Purchasing Division to be the functional equivalent of the product or model referenced.

NOTE: Sander and any attachments are to be installed on a 68K Nevada Department of Transportation (NDOT) cab and chassis truck to be awarded under a separate bid solicitation. Truck shall be delivered to the place of business where the sander will be installed by the awarded truck vendor.

The awarded body vendor shall accept full responsibility and liability for the care of the truck, relieving the State of Nevada of any loss, liability, or claim whatsoever incurred while the vehicles is in the vendor’s custody. Following delivery of the completed unit, the Nevada Department of Transportation shall thoroughly inspect the unit(s) for total compliance with the body specifications. NDOT will not issue payment for completed units until any necessary changes or corrections have been made.

HYDRAULIC SYSTEM SPECIFICATIONS

Drawings referenced throughout these specifications can be found embedded on Page 15.

COMPLIES ___YES NO___PUMP: Vehicle shall be equipped with a front or rear mounted, engine driven hydraulic pump.  Pump shall deliver a minimum of 37 gallons at 2100 RPM.  This pump shall provide power for the operation of the sander and snowplow. Pump shall be an Eaton Model 420 or Danfoss J Frame Series with a drilled and tapped pump shaft for driveline attachment (these are the only pump manufacturers accepted, any other pump manufacturers shall not be acceptable). Pump shall be axial piston type, pressure and flow compensated, with an adjustable maximum stroke stop. Pump shall be rated for 5000 PSI continuous.

Specify Pump Mfr. & No. ________________________________

ITB #8559 Revised: 02-27-17 Page 3 of 30

If the pump is being mounted behind the front bumper and coupled to the PTO effects on the front of the engine, hydraulic pump mounting crossmember shall be set 3 1/2” from grill. If pump is being REPTO mounted, the pump shall be mounted in line with engine with the following Spicer components:

a. One (1) No. 5-170X U Joint As Specified ____yes no____b. One (1) No. 5-153X U Joint As Specified ____yes no____c. One (1) No. 2-2-479 Flange As Specified ____yes no____d. One (1) No. 10-3-181 X Slip Yoke As Specified ____yes no____e. One (1) No. 2-40-971 Stub Slip Teflon Coated) As Specified ____yes no____f. One (1) No. 10-4-93 End Yoke As Specified ____yes no____g. One (1) 1-3/4" x .065 Steel tubing As Specified ____yes no____

NOTE: Pump drive shaft shall be balanced.

COMPLIES ___YES NO___VALVE BANK: Valve shall be sectional design and rated at 5000 PSI and 45 GPM. Valve shall have OVERDEMAND MANAGEMENT TECHNOLOGY with a separate isolation spool for handling induced loads. Valve shall be load sensing, pressure compensated and have a dedicated load sense pathway to the pump for rapid response. Valve shall control the operation of the snow plow and sander operation.

Complete hydraulic valve to be mounted on the left side of the vehicle frame and enclosed in a heavy-duty Stainless Steel box with a removable lid. Plow lift functions shall have priority over all other functions. Hydraulic hoses shall be routed out of the box with hydraulic bulkhead fittings.

Each section shall be as follows:

1st Four Function Hybrid inlet manifold spreader block for controlling spreader functions. This section shall have motor spools to control Conveyor/Auger, Spinner, Prewet and Anti-Ice. Flow requirements shall be: Auger – 15 GPM, Spinner – 10 GPM, Prewet – 10 GPM, Anti-Ice – 15 GPM.

Note: Each motor spool shall be a Hydraforce Cartridge valve and shall be actuated from a 12 VDC solenoids. All 12 VDC connections shall be IP68 Deutsch.

2nd Single Acting Section for controlling Plow Up/Down functions; 20 GPM compensator; 12VDC 180 HZ PWM proportional operation, IP68 Deutsch connector. Joystick activated front plow Power Float shall be included.

3rd Double Acting Section for controlling Plow Left/Right functions; 20 GPM compensator; 12VDC 180 Hz, PWM proportional operation, IP68 Deutsch connector.

Valve assembly shall consist of DanFoss PVG32 cylinder valve sections (this is the only valve acceptable).

Specify Mfr. & No. _____________________________________

ITB #8559 Revised: 02-27-17 Page 4 of 30

COMPLIES ___YES NO___SANDER CONTROLS: Shall be a Cirus Controls, ground speed-oriented, four channel (Conveyor/Auger, Spinner, Pre-Wet, and Anti-Ice) electric over hydraulic spreader control system (this is the only manufacturer acceptable). All spreader control electronics shall be mounted inside the cab. Spreader control display shall be a 10” HDMI camera ready color touch screen interface capable of displaying application rates and up to two (2) camera images on the same 10” display as well as interfacing with a 7” display without the need to change the controller. Display shall include on-screen indicators for Low Oil, Low Liquid and Power Float. Spreader control shall have direct connection for a Roadwatch Air/Road temp sensor.

1. The spreader controller shall be capable of operating a sander with Conveyor/Auger, Spinner, and Pre-Wetting system, and 3 boom, one or two tier Anti-Ice systems. Each function shall operate individually or simultaneously without additional controller hardware.

2. Spreader control system shall be capable of ground speed orientated Closed or Open Loop operation. Controller shall be capable of spreading in Lbs./gallons per mile (linear spreading) or Lbs./gallons per lane mile (area spreading). The system controller shall be capable of ground speed oriented, calibrated open loop granular dispensing in lsl/mile or lbs./lane mile.

System shall provide a means for operator to reset and/or indicate current volume of liquid in anti-ice and pre-wet tank(s) as part of power-up routine. System shall display current liquid volume in tank(s) while pre-wet and/or anti-ice system is active. The system controller shall be capable of managing of up to three Anti-ice boom operations with individual boom selection in a single or dual tier arrangement.

3. Spreader control system shall use Microsoft Windows based programmable software.

4. The controller shall be capable of Temp Response TM operating mode, automatically applying material in correlation to measured road temperature.

5. The controller shall include Load and Rate Calculation ™ to set spreading rates and track remaining materials for all granular and liquid materials.

6. The controller shall include the capability of ground speed oriented control of a hydraulically driven, closed loop gate height for a spreader body with a center conveyor.

7. Spreader controller shall have a single 10” Color HDMI Display. Display shall be remotely mounted with adjustable swivel bracket. Display shall be capable of simultaneous display of Granular, Pre-Wet, and Anti-Ice application rates. Display shall also show other sensors (Temp, GPS, etc.) as well as actual ground speed and all active alarms. Display shall show application rates for Truck only, Truck and Trailer or Trailer only. Display shall be capable of two (2) camera images on the same touch screen. A second display for camera feedback is not acceptable. Displayed camera images must have the ability to be event triggered for automatic full screen operator feedback.

8. Spreader controller must provide “on-screen help” documentation of all main operating functions as well as on screen diagnostics for system issues. On-screen help shall be sufficient to enable users to operate the system by following the on screen instructions, without referring to the printed operations manual.

ITB #8559 Revised: 02-27-17 Page 5 of 30

9. System shall alarm either audibly or visually for the following conditions: off rate, sensor failure, low liquid remaining, low liquid flow shutoff.

10. Material rate adjustment (+/-), granular or liquids, shall be by touch screen actuation. Touch screen actuation shall cause the display to respond accordingly: The first touch shall cause the display to show the current rate set point. The second screen touch and all subsequent actuations shall increase or decrease the current rate set point. The controller shall have the ability to program the rate increment adjustments for each single touch.

11. System shall provide up to ten (10) password protected application rates in each of granular, Anti-Ice, & Pre-Wet materials. Controller must provide the ability to name each material with up to five characters. Rate increments shall be individually settable for each material. Controller shall have the ability to activate only calibrated materials for application by the operator.

12. The controller shall offer multiple layers of access control to set up files: a) “Factory standard” password protected access to operating functions and setup files; b) Supervisor re-set capability for each password;c) “Laptop computer only” access control for higher security.

13. The controller shall have a Blast feature that is capable of operating as: Latched On, Timed On or Momentary On. Blast is active only while operator is activating Blast switch and is disabled in absence of ground speed signal. The controller shall default to the pass (sander pause) mode upon startup of the system to prevent spreading in the yard or shop.

14. Wiring Design: The system controller shall have one each from each hydraulic valve coil wired to a common ground point. The system must supply pulsed (PWM) +12-volt power to the other lead for each individual valve coil. For safety reasons, grounding or cutting any wire at any point between any valve coil and the controller must not cause any valve to actuate. Spreader control shall include a startup Channel SafeTM safety check to verify signal continuity between controller and each individual coil.

a. The system shall include minimum rated IP68 connections for all “outside the cab” connections. Valve connections shall be M12 and Deutsch inside the valve enclosure. Valve connections outside the enclosure are not allowed.

b. Each M12 to Deutsch valve connection shall incorporate a LED diagnostic light providing a technician or operator visual confirmation as to the signal integrity from the spreader controller to electrically activate the Auger, spinner, Pre wet and Anti-Ice valve coils. The four diagnostic LED’s shall be housed in a single sealed IP68 rated 4 port hydraulic output junction box, M12 connections, located in the valve enclosure and routed into the cab connecting to the spreader controller. Each M12 connection shall have a label identifying its function.

15. The spreader controller shall be capable of collecting time, date and location stamped events for all operating modes, errors and alarms, and for all material dispensed. The system shall be capable of recording digital or analog data that comes from up to 4 sensors (such as granular hopper level, gate height opening, granular material flow, plow position, hydraulic pressure, etc.). The spreader control system shall be capable of collecting and storing position data directly from a compatible GPS antenna without additional hardware as well as collecting and storing temperature from a vehicle mounted temperature sensors.

ITB #8559 Revised: 02-27-17 Page 6 of 30

16. Data Collection: System must contain at least 2 gigabyte of non-volatile memory on board and have capacity to store spreading data for a minimum of 224 days at 24 hours per day (5,376 continuous spreading hours.

17. Spreader control system must interface with Drive by Download ™ / GPS DataSmartTM for automatic downloading of data in a wireless fashion directly to a base station computer or network without an intermediate device; system shall be capable of downloading data at a minimum of 1.5 megabytes per second (mbps). System shall be capable of storing downloaded data in a format that is compatible with the standard data input format for GIS systems (“shape file format”).

18. Spreader control system shall be able to output its data in a standard serial data stream format to any brand AVL system that is able to accept serial data.

Specify Spreader Control Mfr. & No. __________________________

COMPLIES ___YES NO___HYDRAULIC JOYSTICK CONTROLS: Vehicle shall be equipped with a 12 VDC, pulse width modulated PWM, proportional joystick system for hydraulic device control. At a minimum, the joystick control shall be capable of controlling five (5) hydraulic cylinder devices and up to 20 fully proportional channels from one system. Joystick system shall be defined as the operator interface (joystick itself) and the CAN Bus joystick control vehicle. Connection between joystick and control vehicle is through a single CAN Bus cable. Joystick control system shall be mounted inside the cab.

1. Joystick operator interface shall be a single handle device incorporating six color coded function buttons with integrated LED lights for night time identification. Two of the function buttons shall connect to the sander controller for Sander “PASS” and Sander “BLAST”. The joystick shall include a trigger style programmable safety interlock. Joystick shall include 3-axis movement (X, Y and Z) for each of the four-cylinder function control buttons. Joystick shall be a True Hall effect (magnetic) with no mechanical contacts.

2. Joystick controller shall utilize Mako-IITM, Windows compatible program to configure the joystick, set individual speed of each axis of motion (20 total) individually without additional wiring or hydraulic modifications.

3. During each power up cycle of the joystick system an automatic self-test using Safe StickTM and Channel SafeTM technology shall verify signal continuity between each programmed function on the single handle joystick to the controller and from the controller to each individual valve assembly coil. In the event of an error detected by the self-test system, a message shall be displayed alerting the operator. In addition to the displayed message the axis of motion detected to have the error shall automatically be shut down by the controller. All other axis of motion verified to be operational shall be available for use.

4. Joystick control system shall incorporate a safety “PANIC” feature to stow programmed implements to their home position when required. The PANIC feature shall be a single button momentary operator interface included on the single joystick. A remote switch is not acceptable. Implements to be designated for movement during a PANIC situation shall be done using the Mako-IITM trim program.

5. Joystick system shall be capable of engaging a “plow saver” power float system using the movement of the joystick. A remote ON/OFF switch for engaging the power float system is not acceptable.

ITB #8559 Revised: 02-27-17 Page 7 of 30

6. Joystick system wiring shall utilize a single CAN Bus cable between the single handle joystick and cab mounted control vehicle. Wiring from the control vehicle to the valve enclosure shall be through IP68 rated eight (8) or four (4) port sealed M12 valve junction boxes. Connection to the individual coils shall be through IP68 rated M12 to Deutsch connectors. Each IP68 rated valve junction box shall include a dedicated LED diagnostic trouble shooting light for each individual cylinder function. Each LED shall be labeled with the function name. Valve junction box connectors shall be mounted inside the valve enclosure.

7. When applicable, joystick/hydraulic system shall be able to control a parallel lift front plow to provide the following operation:

a. When the vehicle is in motion, the plow shall be in a True Float or Power Float operation. Downforce is not allowed.

b. Downforce to be provided for plow hookup / removal operation via a cab mounted momentary switch to temporarily override the True Float / Power Float standard operating condition.

Specify Joystick Controller Mfr. & No. ______________________________

All electronic cables shall utilize weather pack connectors.COMPLIES ___YES NO___

HYDRAULIC OIL TANK: Vehicle shall be equipped with a minimum 40-gallon hydraulic oil tank constructed of 10-gauge steel with drain valve. Tank shall be mounted on the right-hand side and shall be securely fastened to the frame. Top of the hydraulic tank shall be 4" higher than the top of the vehicle frame. Return line filter shall be a minimum 10 Micron filtration, with a 25 psi bypass. Filter shall be capable of providing an electrical filter bypass indicator to the cab controls.

Top of tank shall have an approximate 2-inch drop from the frame rail side of the tank to the outside edge of tank to facilitate the drainage of water. Tank shall be equipped with an oil level sensor that communicates to the hydraulic control system.

Specify Return Line Filter Mfr. & No. _______________________________

Return line filter shall be firmly mounted inside of the vehicle frame for protection. Tank shall be provided with a visual sight glass LENZ No. 550-5" or approved equivalent. Tank shall be equipped with a metal filler neck (plastic or Fiberglass not acceptable) located on top, in the center as close as possible to the outside edge of tank. Filler neck shall be 1 1/2" long, baffled, and shall be equipped with a pressurized cap and easily filled. Tank shall be equipped with a baffle plate in the middle of the tank. Suction line shall be positioned on the bottom front end plate of the tank, in the center.

Return line shall be positioned on the top rear end plate of the tank in the center. Tank shall be equipped with magnetic drain plug on the bottom of tank and in the center. A minimum 6"X 8" inspection cover shall be furnished on top of the tank for access to the interior of the tank.

Specify Sight Glass Mfr. & No. _______________

Specify Inspection Cover Dimensions _______________

COMPLIES ___YES NO___HYDRAULIC MANIFOLDS: Vehicle shall be equipped with a plow hydraulic manifold. Sander shall be hard plumbed with hydraulic hoses on right side of vehicle behind cab.

ITB #8559 Revised: 02-27-17 Page 8 of 30

Plow Manifold: Shall be mounted on the front of the vehicle with three (3), #4 male quick couplers. Plow manifold shall be recessed in the front bumper on the right-hand side. High pressure hydraulic bulkhead fittings shall be used on the plow manifold. No black or galvanized pipe fittings shall be allowed on the pressure side.

COMPLIES ___YES NO___HYDRAULIC HOSES: Vehicle shall be equipped with hydraulic hoses that meet and or exceed the systems operating hydraulic pressures as detailed in the following list. Hoses shall have JIC type fittings, and quick couplers. Couplers shall be Series 60 Parker only. All hoses shall be routed so as not to conflict with any other vehicle components.

Note: Only approved major brand hoses and fittings shall be accepted.1. One (1) - 24 Suction Hose, Tank to Pump 2. One (1) - 16 Pressure Hose, Pump to Main valve3. One (1) - 8 Pressure Hose, Sander Prewet Valve to Prewet Pump 4. One (1) - 8 Pressure Hose, Sander Spinner Valve to Sander Spinner 5. One (1) - 16 Return Hose, Sander to Tank 6. One (1) - 8 Pressure Hose, Main Valve to Plow Lift 7. Two (2) - 8 Pressure Hoses, Main Valve to Plow Reverse Mechanism 8. One (1) -12 Pressure Hose from Sander Auger Valve to Sander Auger9. One (1) -16 Return Hose from Main Valve to Return Filter 10. One (1) -16 Return Hose from Return Filter to Tank

NOTE: Reusable or crimp type fittings are acceptable. Both ends shall be swivel type for ease of uncoupling and shall be 45° tube elbows. 90° long sweep hydraulic fittings are acceptable. Black or galvanized pipefittings are NOT acceptable. Hydraulic hose protectors shall be required on all hoses coming in contact with metal surfaces. Hose protectors manufactured by EPHA Incorporated, Hermiston, Oregon or equivalent. Hoses shall be routed as to not conflict with vehicle components.

Specify Hose Manufacturer ____________________________Note: All hose ends and manifold ends shall be furnished with dust plugs and caps for sealing outlets when not being used.

WIRING: All additional wiring shall be enclosed in an automotive type loom. All connections shall be weather pack connectors.

SWITCHES: All add-on switches shall be OEM type switches clearly marked with engraved plastic or metal labels.

BUMPER PACK: Front bumper of vehicle shall have sufficient frame reinforcement for the NDOT bump pack to mount NDOT one way plow. (See Attached Drawings D19A through D19G).

SPECIFICATIONS FOR 8 CUBIC YARD HOPPER CARTRIDGE TYPE SANDERS

GENERAL: The following sander shall be used in a frame mounted sander configuration. The purpose of these specifications is to obtain an 8 cubic yard capacity sander for mounting on frame rails of vehicles. Sander shall be capable of spreading sand or salt on the highway in a controlled pattern for up to two (2) lanes. Sanders bid shall be hydraulically powered with three (3) separate hydraulic motors furnished for the Conveyor/Auger, Spinner and Pre-Wet systems. Hydraulic motors shall be powered by independent hydraulic circuits on the vehicle. Hydraulic circuits for the sander shall have the relief set at 1,800 P.S.I.

ITB #8559 Revised: 02-27-17 Page 9 of 30

Sanders bid shall be of manufacturer's current design, model and production. All sanders provided shall be equipped with the NDOT Spinner Guard (See attached Drawing D16). Discontinued models shall not be acceptable.

COMPLIES ___YES NO___SANDER FRAME MOUNTING: Sander shall be mounted to the vehicle frame using a sub frame which shall incorporate NDOT spinner guard and shall be mounted to frame rails using dual spring water tank mounting brackets on each front side and plates welded to sander sub frame and bolted to vehicle frame rails on the rear to allow for flex between frame and sander. Sanders shall be mounted 9” from the back of cab. Unit shall be equipped with a spill plate between sander and vehicle frame to keep material from falling onto vehicle components.

COMPLIES ___YES NO___SANDER SUBFRAME/SANDER SPINNER GUARD: Subframe shall be 4”H X 3”W stainless tubing and spinner guard shall be removable from subframe. Subframe shall have a catwalk grating 9 1/2” wide on left and right side from front of sander to rear of brine tank.

PREWET DELIVERY SYSTEM: Sanders shall include a Pre-Wet Delivery System with the following requirements:

COMPLIES ___YES NO___TANKS: 8 Cubic Yard Sanders require four (4) 100-gallon polyethylene tanks to be vented, baffled and plumbed for adequate brine filling and distribution. No delivery hose or pipe can be less than ¾” inside diameter. The delivery line to the pump shall be plumbed using a cross over between the right and left tanks using ¾” Schedule 80 PCV pipe and using a Tee at the center of the ¾” cross over connecting the delivery line going to the pump through a Vu-Flow strainer mounted before the brine pump. Vu-Flow strainer shall be the only strainer accepted. The Prewet pump shall be a Oberdorpher Bronze gear pump Model #N400L direct coupled to a hydraulic motor to deliver up to 7 GPM of liquid through a Microtrak FM-500 flow meter, delivering between .5 – 5.0 GPM.

Pump Motor shall be driven and controlled from the prewet cartridge valve section of the hydraulic four function valve assembly. Flow meter shall have M12 sealed sensor connection. Any other pump & flow meter shall not be acceptable.

Pre-Wet pump, pump motor, flow meter and plumbing shall be mounted in a protective heavy duty plastic weatherproof enclosure with hinged front access door. Hydraulic lines shall enter the top of the enclosure, liquid flow lines shall exit the bottom of the enclosure. The supply line going to the spray bar can be a flexible type reinforced ¾” hose. The spray bar shall be made from a section of ¾” Schedule 80 PCV pipe with a cap at one end and 1/16” holes drilled every 1”, providing brine coverage the width of the sand from the Conveyor/Auger, directing the liquid solution on to the sand.

Specify Hydraulic Pump Mfr. & No. _______________________________________

Specify Motor Mfr. & No. _______________________________________

Specify Flow Meter Mfr. & No. _______________________________________

COMPLIES ___YES NO___FILLING: Requires (two) EZ to access cam-locked mounted couplers, one on each side of sander, 1 ½” Cam Lock Coupler “Male”. After the coupler there shall be an in-line, ball type shut off valve connected to 1-1/2” Schedule 80 PCV pipe plumbed to the upper section of each of the brine tank reservoirs for filling the system.

ITB #8559 Revised: 02-27-17 Page 10 of 30

A 2” cross-over hose plumbed to the lower part of the tanks shall be provided between the two tanks on each side of the sander providing an equal flow from all of the brine tanks mounted on the sander. Each tank shall have its own top mounted vent large enough that it doesn’t restrict flow into the tanks.

Drains shall be installed in the lowest part of the system that shall provide complete drainage of the system when not in use.

A horizontal liquid low-level switch (Grainger Part Number 2XC13 or approved equivalent) shall be mounted in the rear facing, right or left hand side, rear most tank, that shall turn off the brine pump when the liquid level nears empty. Note: Low-level switch shall be accessible without having to remove the tank or sander for repair or replacement.

Specify Mfr. & No. of Low-Level Switch _______________________________

COMPLIES ___YES NO___ELECTRICAL: Electrical components shall be installed in the Pre-Wet pump enclosure, using weather pack type connectors.

Specify Enclosure Mfr. & No. _________________________________________

8 YARD BODY SIZE: To be 8-yard capacity designed to mount to vehicle frame rails. Sanders shall be mounted 9” back from the back of cab; maximum width - 80"; inside hopper length - 15’.

Specify Hopper Width _____ in.

Specify Hopper Inside Length _____ ft.

COMPLIES ___YES NO___CONSTRUCTION: Sander shall be constructed of minimum 10 gauge, 304 Stainless Steel. Body sides to have at least 45° pitch to ensure free flow of materials to conveyor. Sides, ends, and side supports to be minimum 10 gauge 304 Stainless Steel. Body shall be rigidly constructed and top edge of body to be inverted "J" formed for extra strength. Sander hopper shall be constructed and reinforced as to incorporate a removable cartridge type auger system. Brine tank tray supports shall be one piece to incorporate brine tank trays and catwalk grating 9 1/2” wide on left and right side from front of sander to rear of back brine tank.

COMPLIES ___YES NO___CARTRIDGE SYSTEM: A modular material conveying system sander shall be capable of multiple conveying methods via a cartridge system. There shall be two sets of body sills, the outer of which is welded to the hopper sides, the inner of which shall contain the “Formed-In” chain shields and shall include all of the conveyor components.

The inner frame shall be removable from within the outer frame with the assistance of angled rollers included in the outer body sills and shall have two sets of pin on legs with casters. The inner sills shall form a cartridge that shall allow for multiple conveying options (pintle, single auger, dual auger and belt) to slide in the outer sills.

COMPLIES ___YES NO___SINGLE AUGER: A single 9” OD direct drive auger shall be driven by a heavy duty hydraulic motor that is connected with a flexible coupling to protect the motor from excess bending loads. Auger shall be provided with a replaceable auxiliary radial bearing at both ends. The idler end shall also have a replaceable thrust bearing. The auger shall be constructed of variable pitch ½” thick flighting.

ITB #8559 Revised: 02-27-17 Page 11 of 30

All bearings shall be equipped with Zerk type grease fittings. The front conveyor bearings shall be equipped with high-pressure rubber grease tube extensions running full length of cartridge from the bearing on each side to the rear of the hopper on each side of the cartridge for ease of greasing. There shall be a minimum of seven (7), full slope type side supports that shall tie cross sills, sides and long sills together in one strong rigid unit.

On Pre-Wet system tanks, the hat section cross sills shall be extended to support the tanks, with tank stops at each end of each tank. Spliced sill or other add-on supports shall not be accepted.

Sander shall be provided with lifting eyes located on the four top corners. Lifting eyes are used to lift sander off vehicle. Note: Please see “I Beam” section below for further lifting requirements.

Specify Type & Gauge of Stainless Steel__________ Specify Slope__________

COMPLIES ___YES NO___SIDE SAND DEFLECTOR: 3/16” x 4”, 304 Stainless Steel to run full length of outside top edge of sander box between chain lift boxes with 1/4” x 1” x 6”, 304 Stainless Steel welded 90 degrees and spaced 12” apart, the full length of the deflector to the sander box.

COMPLIES ___YES NO___FRONT SAND DEFLECTOR: Shall be the width of the front of sander box at top edge between chain lift boxes, 3/16” x 8” x 13” constructed of 304 Stainless Steel with a 60° bend with the 13” side welded to the box and the 8” side towards the cab, and shall include outside panels and front bracing.

COMPLIES ___YES NO___AUGER RELIEF: 2-3/16” x 16” x 8’ steel welded together at 90° angle installed inside of the front of sander box 14” down from bottom of 4” I Beam, with back brace on end and welded to front inside of box.

COMPLIES ___YES NO___"I" BEAM: A 4" X ¼” square Stainless Steel tube shall be mounted on the top of the hopper body and extend from the front to the rear in the center of the body to support the screens.

The square tubing beam shall be braced in the center with 2” Stainless Steel pipe extending diagonally from the tubing beam to the inside wall and the outside side support jack of the hopper on each side. “I” beam shall have a lifting eye to facilitate level loading and unloading of the sander on the vehicle by lifting at only one lifting point. The “I” beam shall be bolted to the hopper ends and center bracing so that it can be removed.

COVER: Grid type covers shall be furnished and constructed of not less than 3/8” diameter rod with 2-1/2" X 2-1/2" openings. Cover shall be hinged in four (4) or more sections at the bottom of the square tubing. Frame shall be constructed of 1-1/2" X 1-1/2" angle iron with a minimum 1/4" thickness. Covers shall be below the "I" Beam so beam shall contact bucket when loading sander, not covers.

Specify Diameter of Rod_____________________________

Specify Size of Openings____________ X__________ inches

SPINNER AND CHUTE: Chute shall be constructed of 10 GA. 304 Stainless Steel bolted to the rear of conveyor/auger, constructed so as to direct flow of material from conveyor/auger to spinner. Spinner shall be mounted to bottom of chute having three adjustable material deflectors surrounding it. Chute shall have a minimum of 12" vertical adjustment and be of such length that spinner can be adjusted to 18" ground clearance when sander is mounted on vehicle frame rails. Spinner disc shall be a minimum of 18"

ITB #8559 Revised: 02-27-17 Page 12 of 30

diameter and made of 10 GA. 304 Stainless Steel. Flights shall be constructed of hi-test abrasive resistant, carbon steel or 304 Stainless Steel.

There shall be a minimum of 3" of clearance between top of the flights or spinner blades. Spinner shall be driven by an "Orbital" type hydraulic motor, mounted to chute above the spinner and coupled directly to the spinner. Spinner hub shall be keyed to the motor shaft and shall be bolted to the center of the motor shaft to prevent it from falling off. Vendor shall fabricate, mount and paint the NDOT Spinner Guard. Spinner guard shall slide over sander sub frame, and shall be bolted for easy removal. (See Attached Drawing D16).

COMPLIES ___YES NO___HYDRAULIC LINES: Sanders shall be equipped with four Stainless Steel pipes running full length of sander on right side midway up the side. Hydraulic lines listed are from the top down:

1. 1/2" - pressure line for Spinner Motor2. 1/2” - pressure line for Pre Wet 3. 3/4" - pressure line for Conveyor /Auger4. 1-1/2” return for all motors.

Three (3) high-pressure hoses shall be provided to connect hydraulic motors to pressure pipes. Three (3) low-pressure return hoses shall connect motors to return pipe.

COMPLIES ___YES NO___SANDER LADDER: Shall be fabricated from 1” pipe and ladder rung material. The rungs shall be evenly spaced at 11 3/8” from the top of the platform to the top of the top landing; landing shall be made from 12” galvanized plank. The platform shall be made of five (5) pound heavy grating, free of all burrs and sharp edges. The lower three (3) steps in the bumper shall be evenly spaced at 13” from the top of the platform to the top of the bottom step. The bottom step shall be flexible to prevent damage.

Material list for Sander Ladders: ➊18’ of 1” black pipe.➋19” of 12” plank.➌10’ of ladder rung.➍20’ of ¼” x 1” flat bar.➎5’ of ¼” x 4” flat bar.➏2’ of ¼” x 2” x 3” angle iron.➐3’ of ¼” x 2” flat bar.

COMPLIES ___YES NO___SPINNER GUARD / LADDER COLOR: NDOT Spinner Guard and Ladder unit shall be primed with etching catalyzed primer and painted Gloss Black (maybe single stage or dual stage paint) at a minimum thickness of 5 mil. No chrome or aluminum shall be painted.

WELDING: All welds shall be continuous welds on all seams. Skip welds shall not be acceptable. There shall be no sharp corners on the vehicle that may cause injury. All corners that

could cause injury shall be rounded and ground smooth. All welds shall be free of slag inclusions and under cut. Fillet weld sizes shall be

equivalent to the thickness of the least of the jointed plates. All material installed shall be new and free of rust. All welding shall be done by human and or machine, and shall meet or exceed the

American Welding Society Standards. (Certificates shall be made available upon request).

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The following are specifications for an optional plow attachment that may be ordered in addition to the Sander body.

ONE-WAY PLOW

PLOW MOUNT FRAME ASSEMBLY: Manufacture and install the standard NDOT Plow Mount Frame Assembly. (See attached drawing D11).

PUSH FRAME MOUNTING: Manufacture and install the standard NDOT Plow Mount Frame Assembly. Mount shall be primed with etching catalyzed primer and painted gloss black at a 5 Mil minimum thickness. (See attached drawings D18 and D18A).

COMPLIES ___YES NO___SNOW DEFLECTOR: Units shall be provided with an installed 12" rubber snow deflector.

COMPLIES ___YES NO___REINFORCEMENT: Moldboard shall be vertically reinforced with a minimum of five (5) ribs full radius of moldboard. Bottom of moldboard shall be reinforced with minimum 4"X4"X5/8" angle gusseted every 12" with 1/2” plate and 8"X5"X7"X3/8" thick formed steel plate shall be welded the full length at bottom of back side of plow. (See attached Drawing D6).

PLOW COLOR: The complete unit shall be primed with etching catalyzed primer and painted Du Pont Imron Flat Black #7182050 or approved equivalent. Paint thickness shall be 5 mil.

Specify Mfr. & Color No.: __________________________

WARRANTY: Moldboard shall be covered by manufacturer’s standard warranty. Warranty shall start from the NDOT “In-Service” date.

Specify Warranty _____________________________________

WELDING: All welds shall be continuous welds on all seams. Skip welds shall not be acceptable. There shall be no sharp corners on the Snow Plow that may cause injury. All corners that could

cause injury shall be rounded and ground smooth. All welds shall be free of slag inclusions and under cut. Fillet weld sizes shall be equivalent to the

thickness of the least of the jointed plates. All material installed shall be new and free of rust. All metal shall be thoroughly cleaned, acid etched, primed, and painted. Snow Plow shall be free of all cracks, dents and defects due to metal fatigue or physical damage. All welding shall be done by human and or machine, and shall meet or exceed the American

Welding Society Standards. (Certificates shall be made available upon request).

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MANUALS: For each vehicle as built: One (1) Parts Catalog One (1) Shop Manual One (1) Operator's Manuals One (1) Electrical System schematics/drawings

Manuals may be made be available in “Hard Copy”, DVD or Online format.

PRICING FOR OPTIONAL EQUIPMENT: Vendors are requested to provide pricing for the following items:

1. Henke Model 40-65-12NV, PN 990001334 One-way Plow. $__________(Cutting edge blades will be furnished by the Nevada Department of Transportation)

a. 10” offset to the right $__________

b. Mailbox Cut $__________

2. Sprague Road Watch Infra-Red System (Thermometers) $ $__________

3. Timbren Load Boosters: Depending on the clearance between $__________the axle and the spring either the Model HSR001 or HST001

may be used. The Timbren Load Boosters used shall be preloaded approximate 1" when vehicle is unloaded, without a snowplow mounted.

Item Unit Extended MSRPNo. Qty Description Price Price Price

2.1 1 SANDER: 8 cubic yard hopper cartridge type ______ ________each sander; shall be in accordance with specifications, per each per each

terms and conditions of this bid solicitation.

Specify Mfr. & No. _________________________

Specify Warranty __________________________

NOTE: Delivery shall be considered complete only when all ancillary parts and equipment have been received, including all manuals.

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3. ADDITIONAL REQUIREMENTS

1) Bidders are encouraged to RECHECK BID PRICES FOR ERRORS prior to submitting bid, as changes in bid prices after opening date and hour of bid due to an error WILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

2) The bidder certifies by signature on this bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any Federal department or agency sponsored program.

3) Bidder submitting a bid for this solicitation shall be solely responsible for complying with all laws, including but not limited to, codes, statutes, regulations, and ordinances of the City, County, State, and Federal governments.

4) Authorized service, repair and parts shall be required throughout the State of Nevada as it is unknown exact locations where units are to be deployed. State Name, Address and Phone Number of service and repair locations available along with response time and any stipulations.___________________________________________________________________________________________________________________________________________________________________________________________________________________________

State response time after initial call for service. ________ Hours.

5) If equipment is delivered minus any part, item or accessory issued as standard manufacturer's equipment, and/or as specified by the State, the successful bidder will be immediately notified. If the missing part, item or accessory cannot be provided and installed within 72 hours, the State reserves the right to buy the item or part from another source and bill the successful bidder for the cost including installation.

6) All equipment, included in the base body description or optional, must be factory installed when it is factory available. The Nevada State Purchasing Division, the purchasing local government or political subdivision whichever is applicable must receive prior notification whenever any local installation is to be performed. Any equipment included in the base body description that is to be locally installed must be clearly listed. Any options that will be locally installed must be so noted.

7) Equipment must be new only; used, refurbished, demo, prototype or gray market equipment will not be accepted.

8) Bidder is required to submit descriptive data or printed specifications describing COMPLETE UNIT bidding. Failure to comply with this request may be cause for non-acceptance of bid.

9) BRAND NAMES: Unless otherwise stated “No Exceptions”, brand names mentioned in these specifications are for reference only and are intended for the purpose of assisting in describing the need, use, and quality of the item. The contractor will identify any alternate item(s) and it is the State’s prerogative to either accept or reject any alternative item(s).

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10) Proof, satisfactory to the State, must be provided by Bidder to show that any alternate article is equal to, or exceeds the bid specifications in design and performance. Complete and detailed comparative documentation for equipment other than requested in this solicitation is required to be submitted with bid. Equivalent items may be subject to performance testing.

11) For purposes of addressing questions concerning this solicitation, the sole contact will be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein will not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement

4. PAYMENT

4.1 Prices offered in bids are an irrevocable offer for the term of the Notice of Award (NOA) / contract and any NOA/contract extensions unless otherwise specified on Attachment A.

4.2 The State generally pays within 30-45 days upon receipt of invoice and the using agency’s approval. Per the State’s policy and procedures, payments are not made prior to receipt of goods. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this ITB electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Vendor’s Payment Terms:

4.3 Prompt payment discount periods equal to (or greater than) 30 calendar days shall receive consideration and bid pricing shall be reduced (for evaluation purposes only) by the amount of that discount(s).

Vendor’s Prompt Payment Discount Offered:

4.4 Vendor’s prices contained in this bid are subject to acceptance within _________calendar days.

4.5 The price quoted is for the specified delivery, and, unless otherwise specified in the NOA/Contract, is Free on Board (FOB) Destination (freight included) to the delivery address. FOB requires the seller to, at its own expense and risk, transport the goods to the destination and there tender delivery of them in the manner provided in NRS 104.2503. (Refer to NRS 104.2319(1) (b); Uniform Commercial Code (UCC 2-319(1). Unless otherwise specified in the NOA/Contract, the price does not include applicable federal or State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority. Unless otherwise specified in the NOA/Contract, payment shall be made in accordance with Nevada law to the Vendor.

4.6 The State requests Manufacturer’s Suggested Retail Prices (MSRP) in effect at the time of bid submittal for internal statistical purposes.

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4.7 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time it is not mandatory that contractors accept credit card purchases; contractors are encouraged to consider this alternate payment process. The current card available for State agency use is a MasterCard product.

Purchasing (Credit) Cards Accepted: Yes No

Payment discount for transactions involving card use: % Discount

4.8 Delivery

Delivery shall be completed within _______ calendar days after receipt of purchase order.

5. BID SUBMITTAL INSTRUCTIONS

5.1 Bids shall be received at the address referenced below per Section 5.5, ITB Timeline. Bids that do not arrive by bid opening time and date shall not be accepted. Vendors may submit their bid any time prior to the above stated deadline.

5.2 Bids may be submitted via mail or overnight delivery.

5.2.1 Hard Copy Bid Submission: Shall be submitted in a sealed package, the package shall be clearly marked: Invitation to Bid No. 8559, Bid Opening Date: June 21, 2017.

Bid shall be submitted to:

State of Nevada, Purchasing DivisionMarti Marsh, Purchasing Officer515 E. Musser Street, Suite 300Carson City, NV 89701

5.2.2 Electronic Bid Submittal: Bids may be submitted via email at ITBDocs@admin.nv.gov. If vendors do not have access to email, bids may be submitted via facsimile to: 775-684-0169. Transmittals of either method shall be clearly marked per Section 5.2.1.

5.3 The State Purchasing Division shall not be held responsible for bid packages mishandled as a result of not being properly prepared.

5.4 The Invitation to Bid (ITB) Question Submittal Form is located on the Solicitation Opportunities webpage at http://purchasing.nv.gov. Select the Solicitation Status, Questions dropdown and then scroll to the ITB number and select the “Question” link.

5.4.1 The deadline for submitting questions is as specified in Section 5.5, ITB Timeline.

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5.4.2 All questions and/or comments shall be addressed in writing. An email notification that the amendment has been posted to the Purchasing website shall be issued on or about the date specified in Section 5.5, ITB Timeline.

5.5 ITB TIMELINE

The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

Task Date/Time

Deadline for submitting questions June 7, 2017 @ 12:00 PM

Answers posted to website On or about June 14, 2017

Deadline for submission and opening of bids No later than 2:00 PM on June 21, 2017

Evaluation period (approximate time frame) June 21 – 30, 2017

Selection of vendor On or about June 30, 2017

5.6 This entire document and any amendments, if applicable, to this ITB shall be returned as part of the vendor’s bid submission. Failure to comply with this requirement may be grounds for non-acceptance of the bid.

5.7 For purposes of addressing questions concerning this ITB the sole contact shall be the Purchasing Division. Upon issuance of this ITB, employees and representatives of the agencies identified herein shall not answer questions or otherwise discuss the contents of this ITB or any subsequent submitted bid responses with any prospective bidders or their representatives until issuance of formal NOA. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

5.8 Sealed bids shall be publically opened and read at the date, time and location specified within the ITB. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the ITB opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS

6.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

6.2 Bids shall conform to all terms, conditions and specifications in this ITB.

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6.3 Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased under this order shall conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor’s failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply.

6.4 Pursuant to NRS Chapter 613 in connection with the performance of work under this NOA/contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

6.5 Every NOA/contract or order for goods shall be awarded to the lowest responsible bidder (Refer to NRS 333.340(1)). To determine the lowest responsible bidder, the Purchasing Division may consider:

6.5.1 The location of the using agency to be supplied;6.5.2 The qualities of the articles to be supplied;6.5.3 The total cost of ownership of the articles to be supplied;6.5.4 The conformity of the articles to be supplied with the specifications;6.5.5 The purposes for which the articles to be supplied are required; and6.5.6 The dates of delivery of the articles to be supplied.

The Purchasing Division shall not be obligated to accept low bid, but shall make an award in the best interest of the State after all factors have been evaluated (Refer to NRS 333.300(2)).

6.5.7 When the advertisement for bids includes a statement that bids for alternative articles shall be considered, alternative articles shall be considered in as much as they are determined to:

6.5.7.1 Meet or exceed the specifications of the article listed in the original request for bids;

6.5.7.2 The purchase of the alternative article results in a lower price; and

6.5.7.3 The Administrator or designee deems the purchase of the alternative article to be in the best interests of the State.

6.6 For the purpose of awarding a formal NOA/contract solicited in accordance NRS 333.300(2), if

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6.6.1 A local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for a NOA/contract for which the estimated cost is more than $50,000 but no more than $250,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower than the bid or proposal actually submitted.

6.6.2 A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid or proposal for a NOA/contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower that the bid or proposal actually submitted.

6.6.3 The preferences described above may not be combined with any other preference.

6.7 NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

6.8 Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time. Withdrawals received after the ITB opening time shall not be considered except as authorized by NRS 333.350(3).

6.9 The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdraw this ITB, at any time prior to the award of an NOA/contract pursuant hereto, if it is in the best interest of the State to do so.

6.10 Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.

6.11 The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS 333.469), the Nevada System of Higher Education (NRS 333.470) and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any NOA/contract resulting from this ITB and any local government may join or use any NOA/contract resulting from this ITB subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any NOA/contract resulting from this ITB.

6.12 Vendors who enter into an NOA/contract with the State of Nevada and who sell tangible personal property in the State of Nevada are required to obtain a permit in accordance with NRS 372.125, and required to collect and pay the taxes imposed by law on the sale of tangible personal property in this State.

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6.13 When applicable, submission of a bid shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements, and the bidder’s standard contract language. A review of these documents shall be necessary to determine if a bid is in the best interest of the State.

6.14 Subcontractor: Third party, not directly employed by the vendor, who shall provide goods and/or services identified in this ITB. This does not include third parties who provide support or incidental services to the vendor.

6.15 Proprietary Information: Any trade secret or confidential business information that is contained in a bid submitted on a particular NOA/contract. Refer NRS 333.020(5) (a); NRS 333.333.

6.16 Public Record: All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Refer to NRS 333.333; NRS 600A.030(5).

6.17 Trade Secret: Information including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Refer to NRS 600A.030(5).

6.18 In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interests of the State, as required.

6.19 Vendor Authorization: By submitting a bid the Vendor is duly organized, validly existing, and in good standing under the appropriate laws with full power and authority to conduct the business that it presently conducts in the State of Nevada. The Vendor has the legal power and right to enter into and perform the Contract. Consummation of the transactions contemplated by the Contract shall not violate any provision of law, or any of the Vendors governing documents (articles of incorporation, partnership Contract, etc). Execution of the Contract and all documents provided for in the Contract by the Vendor and its delivery to the State have been duly authorized by the board of directors or managing agents of the Vendor and no further action is necessary on the Vendor's part to make the Contract valid and binding on the Vendor in accordance with its terms. The Vendor has obtained all licenses and permits to perform all of its requirements under the Contract, and is current on all tax obligations to the State of Nevada or any other governmental entity in Nevada.

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS

7.1 Goods: As defined in NRS 104.2105, and as specifically identified in this ITB.

7.2 Purchase Order: Buyer-generated document that authorizes a purchase transaction. It sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. When accepted by the seller, it becomes a contract binding on both parties; also called order.

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7.3 Incorporated Documents: The NOA/Contract shall consist of this ITB, any amendments to this ITB if applicable, the vendor’s bid and all documentation contained therein, together with any subsequently issued purchase order(s) executed by a person with full power and authority to issue same on behalf of the State. A vendor’s bid shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in the NOA/Contract.

7.4 Notice: Unless otherwise specified, termination shall not be effective until thirty (30) calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this NOA/Contract shall be in writing and shall be deemed to have been duly given if delivered via email, personally in hand, by telephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

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7.5 TERMINATION:

7.5.1 Termination Without Cause: Any discretionary or vested right of renewal notwithstanding, this NOA/Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

7.5.2 State Termination for Nonappropriation: The continuation of the NOA/Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate the NOA/Contract, and the Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

7.5.3 Cause Termination for Default or Breach: A default or breach may be declared with or without termination. The NOA/Contract may be terminated by either party upon written notice of default or breach to the other party as follows:

7.5.3.1 If the vendor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by the NOA/Contract within the time requirements specified in the NOA/Contract or within any granted extension of those time requirements; or

7.5.3.2 If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by the vendor to provide the goods or services required by the NOA/Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

7.5.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or

7.5.3.4 If the State materially breaches any material duty under the NOA/Contract and any such breach impairs the vendor's ability to perform; or

7.5.3.5 If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the State of Nevada with a view toward securing an NOA/contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such NOA/contract; or

7.5.3.6 If it is found by the State that the vendor has failed to disclose any material conflict of interest relative to the performance of the NOA/Contract.

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7.5.4 Time to Correct: Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in Section 7.4, Notice and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

7.5.5 Winding Up Affairs Upon Termination: In the event of termination of the NOA/contract for any reason, the parties agree that the provisions of this paragraph survive termination:

7.5.5.1 The parties shall account for and properly present to each other all claims for fees and expenses and pay those that are undisputed and otherwise not subject to set off under the NOA/Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

7.5.5.2 The Vendor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency.

7.6 REPRESENTATIONS AND WARRANTIES:

The vendor represents and warrants to the State:

7.6.1 Bid Representations: All statements made by the vendor on any application, bid, proposal, offer, financial statement, or other document used by the vendor to induce the State to enter into the NOA/Contract are true, correct, complete, and omit no information which would render them misleading.

7.6.2 Use of Broker: The vendor agrees to indemnify the State from any damage, liability, or expense that it may suffer as a result of any claim of a broker or other finder with whom it is determined that the vendor has dealt in connection with the transactions contemplated under the NOA/contract.

7.6.3 Express Warranties: For the period specified in the NOA/Contract, Vendor warrants and represents each of the following with respect to any goods provided under the NOA/contract:

7.6.3.1 Fitness for Particular Purpose: The goods shall be fit and sufficient for the particular purpose set forth in the NOA/Contract.

7.6.3.2 Fitness for Ordinary Use: The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the NOA/Contract are ordinarily intended for use in general government administration and operations.

7.6.3.3 Merchantable, Good Quality, No Defects: The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

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7.6.3.4 Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the NOA/Contract. If the Vendor has supplied a sample to the State, the goods delivered shall conform in all respects to the sample and shall be identified by the word "sample" and Vendor's name.

7.6.3.5 Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

7.6.3.6 Packaging and Labels: The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, Occupational Safety and Health Administration material safety data sheets and shall conform to all statements made on the label.

7.6.3.7 Full Warranty: The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty -- Federal Trade Commission Improvement Act, 15 U.S.C. 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

7.6.3.8 Title: The Vendor has exclusive title to the goods and shall pass title to the State free and clear of all liens, encumbrances, and security interests.

7.6.3.9 Infringement; Indemnity: The Vendor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and the Vendor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assignees, under any claim of patent infringement in the purchase or use of the Vendor's goods. If the State is enjoined from using such goods, the Vendor shall re-purchase such goods from the State at the original purchase price. The State shall notify the Vendor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of the Vendor, the Vendor shall be released from the obligations of this paragraph and from any liability to the State under any statute or other rule of law.

7.6.3.10 Usage of Trade; Course of Dealings; Implied Warranties: The Vendor shall be bound by any implied warranty that, at the time of execution of the NOA/Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. The Vendor shall also be bound by any other implied warranty arising through course of dealings between the Vendor and the State from and after the execution of the NOA/Contract. The Vendor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Chapter 104) in effect on the date of issuance of the NOA/Contract.

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7.6.3.11 Warranties Cumulative: It is understood that warranties created by the NOA/Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties, are cumulative and may be construed in a manner consistent with one another.

7.6.3.12 Priority of Warranties: If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the NOA/Contract and any warranties implied by law, the parties agree that the specifications contained in the NOA/Contract shall be deemed technical and mere language of description.

7.6.3.13 Beneficiaries of Warranties: Benefit of any warranty made in the NOA/Contract shall be in favor of the State, any of its political subdivisions or agencies, employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

7.7 Delivery, Inspection, Acceptance, Title, Risk of Loss: The Vendor agrees to deliver the goods as indicated in the NOA/Contract, and upon acceptance by the State, title to the goods shall pass to the State. The State shall have the right to inspect the goods on arrival and within a commercially reasonable time. The State shall give notice to the Vendor of any claim or damages on account of condition, quality, or grade of the goods, and shall specify the basis of the claim in detail. Acceptance of the goods described in the NOA/Contract is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated above, risk of loss from any casualty, regardless of the cause, shall be on the Vendor until the goods have been accepted and title has passed to the State. If provided by the Vendor, the State agrees to follow reasonable instructions regarding return of the goods.

7.8 No Arrival, No Sale: The NOA/Contract is subject to provisions of no arrival, no sale terms, but proof of shipment shall be given by the Vendor; each shipment to constitute a separate delivery. A variation of ten (10) days in time of shipment or delivery from that specified in the NOA/Contract does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the NOA/Contract.

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7.9 Breach, Remedies: Failure of either party to perform any obligation of the NOA/Contract shall be deemed a breach. In the event of a breach, the party asserting breach may, in addition to any remedies or rights afforded by Nevada law, cancel the NOA/Contract with respect to any executory obligations. All rights and remedies are cumulative with one another and with those provided by law, and exercise of one remedy or right is not a waiver of the right to pursue any other right or remedy afforded. Penalties provided under Nevada law shall be limited to those in effect on the effective date of the NOA/Contract. See NRS 333.365. Either party, as a prevailing party to any arbitration or other action regarding the enforcement of the NOA/Contract, is entitled to reasonable attorney’s fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation One hundred twenty-five dollars ($125) per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of the Vendor to any State agency.

7.10 Limited Liability: The State shall not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. NOA/Contract liability of both parties shall not be subject to punitive damages.

7.11 Waiver of Breach: A failure to assert any right or remedy available to a party under the NOA/Contract, or a waiver of the rights or remedies available to a party by a course of dealing or otherwise shall not be deemed to be a waiver of any other right or remedy under the NOA/Contract, unless such waiver is contained in a writing signed by the waiving party.

7.12 Severability: If any provision contained in the NOA/Contract is held to be unenforceable by a court of law or equity, the NOA/Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the NOA/Contract unenforceable.

7.13 Assignment/Delegation: To the extent that any assignment of any right under the NOA/Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of the NOA/Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of the NOA/Contract. No duties of either party may be delegated without written consent by the other party, and any such consent does not in any way affect the liability of the delegating party, unless the writing so states.

7.14 Force Majeure: Neither party shall be deemed to be in violation of this NOA/Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause shall not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the NOA/Contract after the intervening cause ceases.

7.15 Governing Law; Jurisdiction: This NOA/Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, including, without limitation, Nevada's UCC (NRS Chapter 104) in effect on the date of the NOA/Contract. The parties consent to the jurisdiction and venue of the First Judicial District Court, Carson City, Nevada for enforcement of the NOA/Contract.

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7.16 Entire Agreement; Conflict with Other Documents: The NOA/Contract (including all incorporated attachments) is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms hereof. All prior agreements are superseded and excluded. Prices, quantities, dates, and places of deliveries and means of transportation may be fixed by attachments to the NOA/Contract. Except as previously stated, if any term in any incorporated attachment or in any Vendor's invoice contradicts or negates a term in the NOA/Contract, the NOA/Contract shall control. All amendments shall be in writing and signed by the parties.

7.17 In accordance with NRS 333.4611, the State of Nevada, Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302 or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that shall be saved over the useful life of the item.

7.18 Term: In accordance with NRS 333.280, the Purchasing Division may enter into an NOA/contract for the furnishing of goods for not more than two (2) years. The original terms of an NOA/contract may be extended annually thereafter if the conditions for extension are specified in this solicitation, and the Purchasing Division determines that an extension is in the best interest of the State.

7.19 Insurance: Automobile Liability, as stated below, is required only if the commodity is being delivered to the State by the vendor. If the commodity is being shipped by common carrier, automobile liability shall not be required. Vendor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

7.19.1 Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

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ATTACHMENT A – COMPLIANCE CERTIFICATION

Submission of a bid shall constitute an agreement to all terms and conditions specified in this ITB, including, without limitation, the Terms and Conditions for Purchase of Goods.

I have read, understand and agree to comply with Section 2, Item Specification in this ITB. Checking “Yes” indicates compliance, while checking “No” indicates non-compliance and shall be detailed in the table below. In order for any exceptions to be considered they shall be documented.

YES _______ I agree. NO _______ I do not agree, Exceptions below:

Vendor Name

Vendor Signature

Print Name Date

EXCEPTION SUMMARYAttached additional sheets if necessary

SECTION 2(SPECIFY ITEM #)

EXCEPTION(PROVIDE A DETAILED EXPLANATION)

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