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

A 66,000 GVW CAB AND CHASSIS WITH COMBINATION VACUUM SEWER & CATCH BASIN CLEANER

INVITATION TO BID NO. 8547

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

Release Date: May 1, 2017

Vendor Questions Due: May 8, 2017 @ 2:00 P.M., PT

Deadline for Submission and Opening Date and Time: May 18, 2017 @ 2:00 P.M., PT

Requisition No. NDEQ017460/61/62

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

Marti Marsh, Purchasing Division(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 #8547 Revised: 02-27-17 Page 1 of 30

TABLE OF CONTENTS

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

2. ITEM SPECIFICATIONS......................................................................................................................3

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

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

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS...................................................20

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

ATTACHMENT A – COMPLIANCE CERTIFICATION.........................................................................29

ITB #8547 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 three (3) 66,000 GVW Cab and Chassis trucks with combination vacuum sewer and catch basin cleaner. Equipment shall be new only; used, refurbished, demo, prototype or gray market equipment will not be accepted. As a condition of this award, a vendor is required to deliver any vehicle(s) specified herein to any government entity using any award or contract that results from this solicitation through a licensed Nevada vehicle dealer, which will then be considered a joint submittal, or be a licensed Nevada vehicle dealer prior to the submission and opening date of the proposal pursuant to Nevada Revised Statute 482.

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.

GENERAL: Vehicles furnished under this specification shall be basically the manufacturer's current conventional design for the type of vehicle specified and the allied equipment specified, complete with all necessary accessories customarily furnished with these vehicle types whether stipulated herein or not, with such modifications and attachments as may be necessary to enable the vehicle to function reliably and efficiently in sustained operation. Further, all vehicles furnished under this specification shall comply with the most current Nevada Revised Statutes, Federal Motor Vehicle Safety Standards, Federal Environmental Protection Agency Emission Control Standards for new motor vehicles (currently vehicles certified prior to the 2017 requirements) shall not be considered.

Vehicle bid to be manufacturer’s current model. Vehicle will be used by the Nevada Department of Transportation as a Vacuum Sewer Cleaner and Catch Basin Cleaner at altitudes from 4,000 to 9,000 feet. Road speed shall 75 MPH at gross vehicle weight at manufactures rated engine R.P.M. Manufacturer shall collaborate with NDOT personnel to establish the best gear ratio for this application.

Specify Mfr. & No._________________________________________

Specify Road Speed________MPH @_______R.P.M.

Vehicle offered must bear manufacturer's factory stamped 66,000 GVW or higher rating plate, and vehicle bid shall conform to this rating in all component parts.

State G.V.W. Rating_____________________________

ITB #8547 Revised: 02-27-17 Page 3 of 30

COMPLIES ____YES NO ____AIR CLEANER: To be manufacturer's heavy-duty dry type with service indicator. Cleaner must be approved by the engine manufacturer.

COMPLIES ____YES NO ____AIR CONDITIONER / HEATER / DEFROSTER: Shall be factory installed, heavy duty fresh air type; maximum BTU/HR available with radiator or grille mounted condenser.

Specify BTU/HR Rating_____________________COMPLIES ____YES NO ____

AXLES, Front: Front axle will have minimum capacity of 20,000 lbs., with oil lubricated wheel bearings. Seals shall be Stemco Type or equal with visual sight covers.

Specify Mfr. & No.________________________

State Capacity______________________COMPLIES ____YES NO ____

AXLES, Rear: Minimum capacity of 46,000 lbs., single speed, single reduction with inter-axle locking differential with air shift.

State Rear Axle Capacity________________________

COMPLIES ____YES NO ____BACK-UP ALARM: Shall be equipped with an OSHA approved electronic type back-up alarm; Db range 87 to 107 mounted so that alarm is clearly audible. Vehicle shall include a dash mounted switch for testing.

COMPLIES ____YES NO ____BATTERIES: Batteries shall be heavy-duty, "MAINTENANCE FREE", 12-volt minimum CCA rating of 2500 at 0° Fahrenheit. The battery box must be mounted as far forward as possible on left side of vehicle only, or inside of cab located under the passenger side seat. Note: Passenger seat must be single passenger seat only, dual passenger or extra wide seat will not be accepted.

State CCA Rating at 0 Deg. F.___________________COMPLIES ____YES NO ____

BRAKES: Shall be equipped with non-asbestos lining. Minimum front 16 1/2 x 6", minimum rear 16 1/2" x 7"; service brakes shall be "S" cam type on front and rear wheels, full air with warning buzzer; air gauge shall be dash mounted; compressor shall be piston type, water cooled, and to be engine crankcase lubricated. Rear brake chambers to be Type 30, front brake chambers shall be type 20 (or equal); all brake chambers shall be of the sealed type. Brakes shall be equipped with dust shields or backing plate. Vehicle shall be equipped with a heated air dryer with extended purge capabilities and installed in accordance with manufacturer's instructions. Air dryer must be easily accessible. Vehicle must be equipped with automatic slack adjusters on all wheels.

Specify Front Brake Size____________ Specify Rear Brake Size____________

State Mfr. of Air Dryer________________________________________

Parking brakes shall be spring actuated with air release. Spring parking brake chambers shall be provided on both rear axles. A parking brake "ON" warning light will be provided. Brake system shall comply with Federal Law.

ITB #8547 Revised: 02-27-17 Page 4 of 30

COMPLIES ____YES NO ____BUMPER: Front only, to be manufacturer's heavy-duty steel channel type. Bumper shall extend full width of vehicle.

COMPLIES ____YES NO ____CAB: Aluminum or anti-corrosion treated material composition (such as: hot-dipped, galvanized, etc. Paint is not acceptable) 114” minimum BBC cab required to include: a minimum 75-degree tilt fiberglass hood with fenders and splash guards attached to hood, stainless steel door hinges or rust resistant internal door hinges, interior noise reduction package, and thermal cab insulation in floor, walls and roof. Engine protrusion through or beyond the firewall into the cab area is unacceptable if access to the engine is through the cab area. An Air ride cab is required.

Specify Cab Material Composition (*) __________ and BBC dimension __________

Documentation and/or specifications and manufacturer’s extended warranty for (*) Anti-corrosion treated cab material proposed must be submitted with bid response in order to be considered.

CAB-TO-AXLE DIMENSION: Minimum of 193 inches.

State Dimension_________________________________

NOTE: Awarded vendor shall coordinate with body manufacturer prior to build.

COMPLIES ____YES NO ____CHOCKS: Vendor is to provide two (2) wheel chocks and holders sufficient to hold the weight of the vehicle being bid. Note: Metal wheel chocks will not be accepted.

COMPLIES ____YES NO ____COLOR: The complete unit shall be primed with etching catalyzed primer; with the exception of the frame rails. Complete unit is to be painted Manufacturer’s Standard “Brite White” or equal (may be single stage or dual stage paint) at a thickness of 5 mil. No chrome or aluminum accessories are to be painted.

State Mfr. & No.________________________________

COMPLIES ____YES NO ____COOLING SYSTEM: Shall be equipped with a heavy duty, high efficiency cooling radiator, extended life coolant rated to -34° Fahrenheit and shall be equipped with a thermostatically controlled air operated fan clutch with dash mounted manual override switch. Fan shall be fully shrouded. Cooling system shall be capable of maintaining a safe driving temperature in extremely hot or cold weather. All hoses shall be silicone type with constant torque clamps. Vehicle shall be equipped with screen guard for radiator with a maximum 1/4" mesh size.

COMPLIES ____YES NO ____ELECTRICAL SYSTEM: 12-volt with a minimum 160 amp brushless alternator. All wiring from the body of vehicle chassis shall be run in weather pack type connections. No splicing into OEM wiring outside of the cab will be allowed.

COMPLIES ____YES NO ____ENGINE: Shall be a fully electronic controlled, turbocharged, 4-cycle 6-cylinder diesel engine. The S.A.E. J1995 minimum gross horsepower shall be at least 370 HP; peak torque shall be a minimum of 1250 pounds foot at advertised RPM rating. Engine will be equipped with charge cooling and a 110-volt block heater with rigid mount plug to outside.

ITB #8547 Revised: 02-27-17 Page 5 of 30

All engine maintenance must be accessible from under the hood. Engine must be OEM certified. Engine compartment must be shielded from front wheel splash. Engine must be IAW current EPA Emission Standards. Cummins is the only engine manufacture that will be accepted.

State Mfr. & No. of Engine _______________________________________

State Gross Brake H.P. Rating at Manufacturer's Recommended R.P.M________

COMPLIES ____YES NO ____ENGINE BRAKE: Engine bid shall be equipped with a compression type engine brake. Engine or driveline retarders will not be considered.

State Type of Engine Brake______________________COMPLIES ____YES NO ____

EXHAUST SYSTEM: Shall be equipped with a horizontal diesel particulate filter not to extend past the back of the cab and a vertical exhaust stack with curved out exhaust and safety heat shield around the cab portion of the vertical exhaust stack.

COMPLIES ____YES NO ____FIRE EXTINGUISHER: Vendor is required to provide and install inside the cab, one (1) each, 5lb., refillable, ABC type Fire Extinguisher with metal head mounted with Amerex #862 Part Number 7023-0105 brackets (only this bracket is acceptable).

COMPLIES ____YES NO ____FRAME: Shall be equipped with a heat treated “C” channel reinforced frame having a resistance to bending moment of 3,000,000 inch pounds minimum. Frame rails are to be painted high gloss frame rail black. Etched catalyzed primers required.

Specify RBM___________________________________________

FUEL / DEF TANK: COMPLIES ____YES NO ____Fuel Tank: Shall have an aluminum fuel tank mounted on the left side with a minimum total capacity of one hundred and twenty (100) useable gallons or dual fuel tanks if single fuel tank is not available, with one or more steps. Steps shall be raised type (catwalk type grating) to prevent slipping. Fuel tank shall not protrude more than 18" beyond rear of cab. Visual top portion of fuel tank shall be sprayed with a non-slip coating if it is to be used as a step.

Specify Fuel Tank Capacity ___________________________________

DEF Tank: Shall be equipped with a DEF tank sufficient enough to match the size of the fuel tank at a minimum ratio of two (2) tanks of diesel fuel to one (1) tank of DEF.

Specify DEF Tank Capacity ___________________________________

COMPLIES ____YES NO ____GAUGES: All gauges shall be registering type consisting of the following:

Speedometer Tachometer Engine hour meter Voltmeter Engine oil pressure

ITB #8547 Revised: 02-27-17 Page 6 of 30

Water temperature Fuel gauge Air pressure gauge with warning buzzer Parking brake "ON" indicator light All other manufacturer's standard gauges

COMPLIES ____YES NO ____GLASS: All cab glass shall be tinted. All side windows to be power operated from the driver’s position.

COMPLIES ____YES NO ____HOOD: Hood shall be forward tilting type (75 degrees) minimum. Majority of the fender must tilt with hood. Hood must have tilt assist.

COMPLIES ____YES NO ____HORNS: Shall be equipped with a minimum of one air horn, and one electric horn.

COMPLIES ____YES NO ____LIGHTS: Shall be equipped with the below listed lights: (No splicing into the OEM wiring under the hood will be allowed. All splices must be made in dash. All connections are to be done with weather pack connectors.):

Headlights shall be halogen type with high/low beams. Headlights shall be used as daytime running lights.

Front turn signal and parking lights with side cab amber turn signal. LED rear combination stop/tail and turn signal lights: Shall be equipped with Class A single faced

red rear combination stop/tail and turn signal lights. LED 4-way hazard warning lights shall be required. Shall be equipped with a Code 3 PSE CL299AAH strobe light or approved equivalent, mounted in

center of cab and visible from all angles. LED Back up light.

COMPLIES ____YES NO ____MIRRORS: Shall be equipped with two (2) (approximate size 6” x 16”), rust/corrosion proof retractable, heated, minimum 2-way power adjustable outside rearview mirrors with dash-mounted switch. Mirrors shall be mounted so that they provide clear vision beyond the sides of the culvert cleaning vehicle. Shall include stainless steel convex spot mirrors, 4" driver side, and 6" passenger side.

COMPLIES ____YES NO ____POWER STEERING: To be manufacturer's standard dual steering gear or equal.

State Mfr. & No.________________________________

RADIO: Shall be AM/FM/CD player, factory installed. COMPLIES ____YES NO ____

COMPLIES ____YES NO ____SEATS: Driver's seat shall be Bostrom Air Suspension Seat No. Talladega 915 (or equal) with standard passenger seats. Seats shall be equipped with shoulder belts for drivers and passenger seat. The height of seat back shall be to the top of the rear cab window and equipped with a minimum of a 3-point safety belt.

State Mfr. & No. of Driver's Seat_______________

ITB #8547 Revised: 02-27-17 Page 7 of 30

SPRINGS: COMPLIES ____YES NO ____Front: Front springs to be heavy-duty leaf type; total spring capacity must not be less than axle capacity. Aluminum spring hangers are NOT acceptable. Vehicle shall be equipped with front shock absorbers.

State Capacity______________________

Rear: Rear springs shall be heavy duty Chalmers 800 series 46,000-pound suspension or equal.

Specify Capacity____________ Specify Suspension Mfr. & No. _____________

TIRES: COMPLIES ____YES NO ____Front: Shall be equipped with two (2) Major Brand Name 425 x 65R 22.5 tubeless, steel belted radial Highway tread, load range L 20 ply rating, rated for 75 mph. All tires will be balanced with external lead weights. Balancing with steel weights or powder within the tire is unacceptable.

Specify Mfr. _______________________ Size ___________________________

Rear: Shall be equipped with eight (8) Major Brand Name11R22.5 tubeless, steel belted Highway rated Radial Tires, load range G, 14 ply rating, rated for 75mph.

Specify Mfr. _______________________ Size ___________________________

TRANSMISSION: Allison 3000 RDS Automatic Transmission with Dual PTO Provision.  

State Mfr. & No.________________________________

COMPLIES ____YES NO ____WHEELS: The two (2) front wheels shall be 22.5 X 12.25 DC 10-hole hub piloted steel disc type, powder coated Brite White wheels rated @ 11,400lbs. The eight (8) rear wheels shall be 22.5 X 8.25 DC 10-hole hub piloted steel disc type, powder coated Brite White wheels rated @7,400lbs.

WHEELBASE: Minimum 277 inches.

State Wheelbase_________________________________

COMPLIES ____YES NO ____WINDSHIELD WASHER: Shall be equipped with windshield washers with large capacity reservoir.

COMPLIES ____YES NO ____WINDSHIELD WIPERS: Shall be equipped with heavy-duty, intermittent, cowl mounted, electric wipers with heavy-duty arms, blades, and linkage.

MISCELLANEOUS EQUIPMENT TO BE INSTALLED BY MANUFACTURER: Shall be equipped with the below listed equipment.

1. Two (2) armrests.2. Two (2) sun visors.3. One (1) Power Point.4. Metal grab handles, one (1) on each side of cab to provide assistance in entering vehicle.

All miscellaneous equipment listed as standard by the manufacturer shall be included.

ITB #8547 Revised: 02-27-17 Page 8 of 30

COMBINATION VACUUM SEWER CLEANER SPECIFICATIONS

VACUUM SEWER CLEANER: Must be current production (2017) model or current model year.

State Mfr. & No.________________________________

COMPLIES ____YES NO ____DEBRIS BODY: Debris body shall be cylindrical in shape, having a minimum usable capacity of twelve (12) cubic yards, and shall be constructed with a minimum 1/4" corrosion and abrasion resistant Ex-Ten Steel with a minimum yield point of 50,000 PSI and a minimum tensile strength of 70,000 PSI. Body shall be capable of high dump height of 60” achieved without the use of scissor lift mechanism. Body shall have full size rear door that is hinged at the top and is equipped with replaceable neoprene type seal. Body shall be dumped by raising the body to a 50° angle utilizing a forward mounted double acting hydraulic dump cylinder. Industrial style rear debris body door shall be flat and shall open and close hydraulically by cylinders mounted at the top of the body. Door shall open 50° from the fully closed position.

Door shall be unlocked, opened, closed, and locked by a failsafe hydraulically activated sequential positive locking system, cam operated by a single hydraulic cylinder with all controls located behind vehicle cab, forward of the debris body, so operator isn’t subject to sewage when dumping. A lubrication manifold system shall be provided to allow ground level greasing of boom lift and swing cylinders, float level indicator, top rear door hinges, and debris body hoist cylinder pins. A splash shield shall be bolted to body flange/rear door around the lower 60% of door opening to direct liquid and debris away from the chassis. Shield shall be a minimum 10" deep, bolted assembly shall have no openings. A debris inlet deflector distributing load evenly in debris body shall be included.

Dump controls, accessory controls, and E-Stop controls shall be provided at a central “Curb” side location directly behind the cab of vehicle. Debris body shall have a body flush out system with a fan-type spray nozzle located in the front wall of the debris body to aid in the flushing of heavy debris. The nozzle shall utilize two (2) spray nozzles to flush the front most area of the debris body; system shall produce a flow of 80 GPM. Control valve shall be located on the curb side of the vehicle. Body shall have a float type automatic shut-off system protecting the Positive Displacement Blower with two (2) 10" stainless steel shut-off balls located in the debris body. Each float ball housing shall be within a non-corrosive slide-out screen assembly and be accessed without the use of tools. (No exceptions to this requirement will be accepted).

The debris body shall be equipped with a rear door drain located dead center at the bottom, to drain off excess liquids; shall be provided with an internal screen to prevent large solids from passing. A manually operated 6" knife valve at the 6 o’clock position with cam-lock coupler, fixed basket screen and 25' of lay flat hose having cam lock quick connects shall be included at this location. Four (4) dual vertical (cyclone) centrifugal separators shall be installed in-line between the debris body and the air mover, two (2) per side for each debris body discharge port. Each dual separator shall include large fallout chamber cleanout door. (No exceptions to this requirement will be accepted).

The Vacuum relief system shall include an electrically activated 6" valve with 3" vent to atmosphere. An air operated valve for debris body vacuum relief system shall be located in the inlet of the vacuum system to allow the venting of the tank and relieve vacuum at the debris intake hose. Three (3) Kunkel relief valves shall be included.

ITB #8547 Revised: 02-27-17 Page 9 of 30

NOTE: The water tanks shall be totally separate from the debris tanks and provide no structural support. The water tanks shall share no common walls with the debris tanks to prevent corrosion. The debris tank shall have a minimum of 1800 gallon water capacity.

State Capacity ____________________________Gallons

STORAGE RACKS: Shall include the following: COMPLIES ____YES NO ____ A minimum of five (5) vacuum tubes shall be stored on curbside storage racks to minimize

operator exposure to traffic side of vehicle. Shall include quick release retainer handles (no bungees or clamps).

A curb-side, fold down 3-pipe rack shall be provided, constructed of steel tubing, spring assisted. Shall include quick release retainer handles (no bungees or clamps).

A street-side, fold down 3-pipe rack shall be provided, constructed of steel tubing, spring assisted. Shall include quick release retainer handles (no bungees or clamps).

A rear door mounted fold down 3-pipe rack shall be provided, constructed of steel tubing, spring assisted. Shall include quick release retainer handles (no bungees or clamps).

Two (2) Pipe Storage Racks Curbside waist level and two (2) on rear door with quick releases. Safety Cone storage rack-plate style.

COMPLIES ____YES NO ____WATER TANK: Water tanks must be a certified metered capacity of 1,300 gallons; certification shall be necessary upon delivery (No Exceptions to this requirement will be accepted). Tanks will be constructed of 1/8" aluminum, non-corrosive metal to prevent rust. Water tank material shall require no internal coating and shall be repairable if patching is required.

The water tanks shall be adequately vented and connected to provide complete filling. Fresh water shall enter the tanks through an in-line 6" air gap, all aluminum covered anti-siphon device. Tank shall be filled from a hydrant utilizing a 2-1/2" x 25’ fire hose with an anti-siphon device mounted on the tank.

An in-line strainer shall be installed in the fill line and another ahead of the pump. A Laval centrifugal water separator shall be provided at the water tank fill to reduce rust and sand entry into the water tanks, and shall include a drain valve and hose for clean out purposes.

The water tanks shall be easily removed from the sub-frame to provide complete access to the truck chassis for maintenance purposes. The sides of the water tanks shall not extend more than 48" out from the centerline of the truck chassis. For stability safety, the water tanks shall not elevate with debris body during dump cycle.

Water tanks shall include the following:

A 3” "Y" strainer shall be located at inlet of water tank fill air-gap. A 3" Gate Valve shall be provided at water pump. A 3” "Y" Monel stainless steel strainer shall be located between the water cells and water pump Liquid Float Level Indicator shall be provided.

All water tanks shall be fully baffled to form a maximum compartment storage of 150 gallons for each compartment, the water tank shall be located for the lowest possible center of gravity and not exceed 70" above the ground while providing 100% gravity flooded intakes to water pump. Water level sight tubes of non-yellowing plastic shall be installed on both tanks. The water tanks shall carry a 10 year warranty against corrosion or cracking.

State Capacity _____________ Gallons

ITB #8547 Revised: 02-27-17 Page 10 of 30

COMPLIES ____YES NO ____VACUUM DRIVE SYSTEM: Vacuum shall be provided by a positive displacement rotary lobe type blower driven via chassis engine and heavy duty split transfer case direct to the blower with an Interlock safety system to prevent drive axle from engaging. Blower shall produce inlet volume of 4500 cfm @ 0" hg @ 2250 rpm and 3650 cfm @ 18" hg @ 2250 rpm vacuum (Roots 824RCS 18 or approved equivalent). Transfer case shall be activated via air shift controls in the vehicle cab to engage work / road mode. A hot shift blower drive system shall be provided, including transfer case, air shift control, vacuum relief, and front control for blower engagement. Engagement via air-shift clutch control at operator panel. The blower drive mechanism shall be engaged and disengaged via an electrical switch located at the operator's station on the front mounted hose reel; hydraulic shut off valves shall be provided at the suction return and filter lines to permit servicing of the hydraulic system.

The vacuum system shall have three (3) relief valves set at 16" hg, heavy duty horizontal mounted noise muffler, removable and cleanable stainless steel filter screen, and shall be enclosed with a steel cage guard for safety. A stainless steel micro-strainer (30 microns) shall be provided prior to the blower inlet with three (3) removable cartridge style screens and a bottom drain port.

COMPLIES ____YES NO ____VACUUM HOSE BOOM: The Vacuum hose shall be designed to extend over the vehicle cab to the primary work station located at the front of the vehicle. The vacuum hose shall be mounted and stored at front mounted work station; the sub-frame mounted cab guard shall be mounted behind cab with boom rest cradle. All connections between debris body and vacuum system shall be of the self-adjusting pressure fitting type. Vacuum hose shall remain stationary and not rise with debris body; upper debris tube shall consist of an anchored steel tube and elbow. All vacuum pipes shall be connected to vacuum pick up tube and extension pipes by adjustable over-center quick clamps to join the aluminum flanges on pipes. Boom support used for travel mode shall not interfere with access or require removal to tilt hood forward. The vacuum boom shall have a heavy-duty flexible hose assembly joining the transition pipe to the debris body, and a 70° elbow and 5-1/2” heavy duty hose at the suction end of the boom.

Boom shall rotate 180° and shall be operated by an electric over hydraulic system; lift and swing movements shall be actuated by hydraulic cylinders. The horizontal inner steel vacuum tube and inner box beam boom section shall telescope (tube within tube, box beam within box beam) and retract a minimum of 10' without affecting the vertical position of the pick-up tubes, and shall be located at the front work station in its retracted position providing 324" maximum reach off the longitudinal axis of vehicle.

Boom shall be fully controlled by a remote push button pendant control station with 35 ft. cable and cordless remote boom control system equipped to activate boom functions, throttle, water pump on/off, hose reel in/out, hose reel speed and vacuum relief on/off. An emergency disengagement E-Stop shall be provided. Controls shall include up and down, left and right, in and out boom functions, throttle, water pump on/off, hose reel in or out, hose reel speed, vacuum relief on/off, emergency disengagement E-Stop, and main power switch.

A joystick for hydraulic control of the boom shall be installed on hose reel front panel. Shall include a removable 4" diameter storage "Post" used to stabilize the lower boom hose during transport; storage device shall not interfere with raising hood. A detailed engineering drawing shall be supplied with bid showing the relationship of the hose reel in relation with the vacuum boom range of motion.

Drawing shall show module mounted on chassis, full arc of vacuum hose both retracted and extended, full rotation of arc for hose reel in the extended position and the arc lengths of vacuum boom retracted and extended.

ITB #8547 Revised: 02-27-17 Page 11 of 30

COMPLIES ____YES NO ____WATER PUMP AND DRIVE: All controls shall be located at front of vehicle. The high pressure rodder pump shall be hydraulically driven via (1) load sensing utility pump, (1) variable displacement pump and (1) fixed displacement pump, with hydraulic powered rodder pump via twin variable displacement hydraulic pumps and (1) fixed displacement utilizing (2) 10-bolt PTO's. High pressure water pump shall be rated capable of continuous delivery of 100 GPM at 2500 PSI (submit manufacturer support documentation). No Exceptions to these requirements will be accepted.

High-pressure water (rodder) pump system shall allow front-mounted controls for operation of three modes: (1) Low flow range 0-22 GPM; (2) medium-flow range, 22-60 GPM / 2500 psi; and (3) High-flow range: 60 up to 100 GPM / 2500 psi. No Exceptions to these requirements will be accepted.

The hydraulic drive system shall allow variation of water pump speed independent of required vacuum drive speed within maximum drive engine speed of 1760 RPM. Water (rodder) pump shall include smooth and pulsation operation mode feature. Water pump "pulsation mode" shall provide a forward-acting nozzle surge that allows nozzle to punch forward 2" to 18". Water pump location shall provide a flooded gravity suction inlet to eliminate potential cavitation damage. The water pump shall provide precise 0-80 GPM controlled flow at variable pressure up to 2500 PSI. The hydro-pneumatic nitrogen charged accumulator system shall be provided with all control valves, piping and hoses for either continuous flow or jackhammer rodding. Accumulator shall be a 2.5 gallon capacity and 1400 to 2500 PSI pressure rating; two (2) 1/2" high pressure ball valves shall be provided for draining the water pump and flushing sediment from the bottom of the pump. A 3” gate valve between the water tank and pump shall be provided. Water pump shall have an hour meter provided. Oil to water heat exchanger shall be provided in the water system to cool all hydraulic fluids on the vehicle.

COMPLIES ____YES NO ____CLEANING NOZZLES: A nozzle rack accommodating (3) nozzles shall be provided in curbside toolbox. The nozzles shall be labeled on storage rack for pipe size/flow and application. Unit will be delivered complete with the following nozzles:

a. One (1) 30 degree Sand Nozzle with Tungsten Carbide inserts with 6 rear facing inserts @ 30 degree angle, 2 front facing inserts @30 degree angle, nozzle diameter of 2-3/8” nozzle length of 7-7/8”. No Exceptions.

b. One (1) 30 degree Sanitary Nozzle with Tungsten Carbide inserts with 6 rear facing inserts @ 30 degree angle, nozzle diameter of 2-3/8” nozzle length of 4-1/4”. No Exceptions.

c. One (1) 15 degree Penetrator Nozzle with Tungsten Carbide inserts with 6 rear facing inserts @ 15 degree angle, 1 front facing insert @0 degree, nozzle diameter of 2-3/8” nozzle length of 4-1/2”. No Exceptions.

COMPLIES ____YES NO ____HOSE REEL ASSEMBLY: Hose reel assembly shall be front mounted, on an independent frame that can be removed from brackets attached permanently to front of main vehicle frame members. Reel shall be manufactured out of 1/4" spun steel for added structural strength and shall require no internal or external reinforcements that could damage rodder hose. Hose reel shall be driven by adjustable gear reduction chain and sprocket assembly and shall operate at full rotational speed while chassis engine is at idle. Hose reel shall have 600’ of 1” armor belted hose. The front mounted hydraulic telescoping rotating hose reel shall telescope 15" forward down centerline of vehicle; entire reel assembly shall rotate 270° on a large diameter ball bearing and shall not extend beyond the width of the vehicle. Hose reel shall include a dual locking device to positively lock reel in any position across operating range; controls shall be accessible on both sides of the hose reel, allowing operator to work at either side of vehicle. An

ITB #8547 Revised: 02-27-17 Page 12 of 30

automatic hose level wind guide shall be supplied, with an air-cylinder actuated pinch-roller that shall exert downward pressure on the hose across full width of reel to retain hose on reel when encountering nozzle blockages. A hose footage counter shall be supplied to indicate the amount of hose travel within pipe, digital footage counter displaying absolute and relative footage values shall be provided. System shall be capable of resetting relative value to ensure operator safety, accuracy to within one percent of actual distance. Shall include a large easy to read LCD display screen, with large keypad, sealed membrane switches that are easily activated, Nema-4 moisture sealed enclosure, solid state circuitry, dimensions: outside dimensions shall 5-5/8” X 3-3/8” X 3/16”, LCD display area: 3.0” X 2.2”

COMPLIES ____YES NO ____FRONT OPERATING STATION AND CONTROLS: The primary operator station will be located at the front of vehicle on right curb side of hose reel. All front operator controls shall be accessible while operating either front or rear side of reel assembly. All operations to either side of unit shall position operator in front of vehicle affording protection from oncoming traffic. The operating station shall include vehicle engine throttle, water pump (on/off), water pump mode, water pump flow meter, hose reel control valve (forward / reverse), adjustable hose reel speed control, oil dampened water pressure gauge, boom controls, digital water pump flow meter, and low water warning light. Tachometer and hour meter for chassis engine and blower shall be provided at control station. All hydraulic functions shall be color coded and sealed. All electric/hydraulic and air switches shall be NEMA Type 4. Vehicle shall include a water pump hour meter and PTO hour meter.

COMPLIES ____YES NO ____ELECTRICAL SYSTEM: The entire electrical system shall be vapor sealed to eliminate moisture damage; "Nema Type 4”. All electrical connections shall be void of exposed wires or terminals. All wiring shall be color-coded and encased in conduit to terminal boxes with circuit breakers. Electronic control system shall include the following: Chassis Tachometer, Blower Tachometer, Operating Mode, PTO Mode, Hydraulic Oil Temperature shutdown, and E-Stop. E-Stop activation shall turn off rodder pump, shutdown PTO A & B, set chassis throttle to idle, & open vacuum relief. E-stop shall be located at each operator interface including front/rear hose reel controls, pendant control, & dump control location. Basic machine functions and both chassis and module diagnostics shall be provided upon award of bid.

LIGHTS: Shall include the following lights: COMPLIES ____YES NO ____ Two (2) LED Boom work lights; One (1) LED Work light at mid-ship curbside; Two (2) LED. Rear door work lights; Two (2) operator station work lights; FS DOT 3 - 6 Light System -Federal Signal 2 Mirror Mount Strobes, 2 Mid-Ship, 2 Rear Mounted

Oval Led Quad Flash Strobes; 8 LED light arrow stick mounted on rear door; and Hose reel manhole work lights.

Note: Rear work lights shall be activated upon engagement of reverse gear. All lights shall be shock mounted to eliminate bulb failure.

COMPLIES ____YES NO ____MANHOLE WATER CLEANING SYSTEM: Unit will be complete with one (1) each hand gun with a rating of 20 GPM at 600 PSI at the nozzle. System will include 50' of 1/2" hose with quick disconnect fittings on the hose and both the front and rear water supply.

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SAFETY CAMERA EQUIPMENT: Shall include the following: COMPLIES ____YES NO ____ One (1) 7" dash monitor; Two (2) color cameras;

o front hose reel camera with a 130° viewing angle, allowing a front visual of the manhole cover to aid in equipment set-up.

o Rear back-up camera with a 130° viewing angle, and automatic activation when the vehicle is switched to reverse.

MANUALS: For each vehicle as built: The following manuals shall be available in, online or DVD format.

One (1) Parts Catalog One (1) Shop Manual Three (3) Operator's Manual Three (3) Training DVD

PAYMENT FOR VEHICLE WILL NOT BE PROCESSED UNTIL ALL MANUALS, DRS AND / OR MSO HAS BEEN RECEIVED.

LINE SHEET: Three (3) line sheets will be furnished with each unit.

PRE-DELIVERY SERVICE: Awarded vendor shall perform a complete pre-delivery service prior to delivering the vehicle to NDOT.

Engine shall be filled to proper oil level. Transmission shall be checked and filled to proper oil level. Cooling system shall be checked and filled to proper level and shall contain extended life

antifreeze to -34° Fahrenheit. All lights shall be checked to confirm they are in working order. All functions of this vehicle shall be checked and in working order prior to delivery to NDOT.

Factory confirmation of specifications ordered required ASAP after order is placed.

TRAINING: The successful bidder will be required to provide training as required on operation and maintenance of unit within 15 days of completed unit being placed in service. Duration and dates of training required will be determined jointly between the successful vendor and the State of Nevada, Department of Transportation, Equipment Division. Training shall include eight (8) hours diagnostics and troubleshooting for mechanics. Training will be provided at the end users location in Elko, Las Vegas and Reno, NV for an estimated 5 to 50 employees.

Note: This training is to be provided at no charge to the State of Nevada.

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 available upon request).

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QUOTE AS OPTION:

1. Wireless Belly Pack $____________.

2. Armor Belt Series Hoses $____________.

3. Hydro Excavation Kit with retractable reel (50’ x 3/8” hose) $____________.

4. 5’ Telescope Boom Extension $____________.

5. 10 Light “LED” Directional Arrowboard $____________.

6. An air purge system utilizing the chassis air system to assist displacing $____________.of residual water out of the high-pressure water system. System shall utilize the vehicle chassis air compressor to fill a 30-gallon auxiliary air storage chamber with pressure gauge and pressure protection valves to isolate the holding tank from the chassis compressor. System shall be equipped with ball valve and all necessary high pressure piping hoses, couplings and controls.

Item Unit Extended MSRPNo. Qty Description Price Price Price

1. 3 CAB & CHASSIS: 66,000 GVW; with Combination ______ ______ ______each Vacuum Sewer & Catch Basin Cleaner; shall be in per each per each

accordance with specifications, terms and conditions of this solicitation.

Specify Mfr. & No. ____________________________

Specify Warranty _____________________________

3. ADDITIONAL REQUIREMENTS

1) STATEWIDE WARRANTY AND REPAIR LOCATIONS: Vendor is to identify all authorized statewide warranty service and repair service locations along with response time and stipulations._____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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

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.

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3) Contractor in bidding on and in the performance of 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) All vehicles bid on must meet the latest Federal Safety Regulations and be manufacturer’s current listed model.

5) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, Chapter 484 as Applicable.

6) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.318 et seq.

7) All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.135.

8) All models shall be manufacturer's current listed model.

9) 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.

10) All equipment, included in the base vehicle 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 vehicle description that is to be locally installed must be clearly listed. Any options that will be locally installed must be so noted

11) WARRANTY: Sweepers shall be covered by the manufacturer's standard warranty. Copy of warranty MUST be submitted with bid.

If all or any part of this equipment should prove defective in workmanship or materials, the manufacturer shall replace or repair the part or defect without cost to the State of Nevada. 

12) In an emergency, if the successful bidder is unable to furnish a serviceman and parts to the job site within a 72 hour period, the Nevada Department of Transportation may elect to have emergency repairs made and hold the damaged parts for the successful bidder's inspection, together with sufficient documents to justify or verify the repairs, and the successful bidder shall reimburse the Nevada Department of Transportation for all costs therein.

Warranty adjustments will not necessarily be confined to the above limits.  Malfunction of parts or failure discovered beyond the above warranty, which are reasonably attributable to a manufacturing fault not revealed during the initial period, shall be corrected at no cost, or on a cost-sharing basis, depending on the individual case.  The successful bidder shall be responsible for all warranty adjustments.

NOTE: Information on periodic service checks required to keep warranties in effect must be successful bidder.

13) RECALLS: Successful bidder or manufacturer will be held responsible for all recall work or arrangements for recall work.  If recall work should have to be done outside of the State of

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Nevada, the successful bidder or manufacturer will have to bear the cost of transportation to and from their place of business.

14) Bids MUST be submitted on this form to be considered.

15) Bidders are especially cautioned 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.

16) 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.

17) Vendor is required to provide Dealers Report of Sale (DRS) or Manufacturers Statement of Origin (MSO) with each equipment item at the time of delivery. Please specify the DRS/MSO be made out to:

Nevada Department of TransportationP.O. Box 930

Reno, Nevada 89504

18) 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:

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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.

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. 8547, Bid Opening Date: May 18, 2017.

Bid shall be submitted to:

State of Nevada, Purchasing DivisionMarti Marsh, Purchasing Officer

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515 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.

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 May 8, 2017 @ 2:00 PM

Answers posted to website On or about May 11, 2017

Deadline for submission and opening of bids No later than 2:00 PM on May 18, 2017

Evaluation period (approximate time frame) May 18 – 26, 2017

Selection of vendor On or about May 26, 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.

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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.

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:

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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

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.

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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.

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.

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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.

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.

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.

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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.

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;

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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.

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.

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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.

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.

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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.

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.

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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.

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.

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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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