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RES 2014-0491 - PO to Logan Contractors Supply for sealing machine q °'ra �' Public Works Department 6;1 ,"'t �' Omaha/Douglas Civic Center boo x�t�� armN April 22, 2014 1819 Farnam Street,Suite 601 n® r f ''� w Omaha,Nebraska 68183-0601 o�A pro' (402)444-5220 o4,47ie D FE0t.°.¢ Fax(402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Bid Tabulation and a Resolution authorizing the Purchasing Agent to issue a Purchase Order to Logan Contractors Supply, Inc. on the bid for the purchase of a heated rubberized asphalt crack sealing machine in the total amount of $35,565.00 as detailed in the attached communication to be utilized by the Street Maintenance Division. Fleet Management has recommended the award to Logan Contractors Supply, Inc. based on a bid supplied to the State of Nebraska per Contract No. 13691 OC. The Contractor has a current Contract Compliance Report Form (CC-1) on file. As is City policy, the Human Rights and Relations Department will review the contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of this purchase from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2014 funding. The Public Works Department recommends the acceptance of the bid from Logan Contractors Supply, Inc. in the amount of $35,565.00 and requests your consideration and approval of this Resolution. Respectfully submitted. Referred to City Council for Consideration: Cl- �- - 1" -° `/. -/LNk----- tiu a-iitk, ck/CI 1 'y Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: Y/ ' ') /' tf f Stephei B. Curtiss Date Human Rights and Relations Date Finance Director Department 243114scp 4/1/2014 Enterprise Mail-Heated Rubberized Asphalt Crack Sealing Machine Heated Rubberized Asphalt Crack Sealing Machine Marc McCoy (VMF) <marc.mccoy@ci.omah a.ne.us> Tue, Apr 1, 2014 at 11:59 AM To: "Sue Preiner (PWks)" <sue.preiner@ci.omaha.ne.us> Cc: "Scott McIntyre (PWks)" <scott.mcintyre@ci.omaha.ne.us>, Holly Hurt <Holly.Hurt@douglascounty-ne.goV>, "Joe Nissen (VMF)" <joe.nissen@ci.omaha.ne.us>, "Mr. Steve Faris" <Steve.Faris@ci.omaha.ne.us> Sue, please generate a Council resolution for the purchase of(1) Heated Rubberized Asphalt Crack Sealing Machine utilizing Nebraska State Contract number 13691 OC equipped as follows. Description Unit Price Heated Rubberized Asphalt Crack Sealing Machine $33,179.00 1500 Watt 110V overnight heater $281.00 Additional Heated Hose W/Sleeve $2,105.00 Total $35,565.00 Scott McIntyre will submit a requisition for the purchase of the vehicle. Attached is the State Contract and specifications. The contact person for this bid is: Jim Witt Logan Contractors Supply, Inc 6544 L Street Omaha, NE 68117-1112 Phone: (402) 339-3900 Fax: (402) 597-0694 JimW@LoganContractors.com https://mai I.g oog I e.com/mail/u/Onui=2&i k=3f9035d9a8&vi ev=pt&search=i nbox&th=1451 e3c2039688f3&s i ml=1451 e3c2039688f3 1/2 4/1/2014 Enterprise Mail-Heated Rubberized Asphalt Crack Sealing Machine Thank you, Marc McCoy Equipment Services Manager City of Omaha Fleet Management 2606 N. 26th Street Omaha, Nebraska 68111 (402) 444-6191 Office (402) 444-6339 Fax 13691(oc)awd Crack Seal Kettle.pdf 4446K https://mai I.g oog le.com/mai I/u/0/?ui=2&i k=3f9035d9a8Mi eve pt&search=i nbox&th=1451 e3c2039688f3&si m1=1451 e3c2039688f3 2/2 State Purchasing Bureau STATE OF NEBRASKA CONTRACT AWARD Lincoln,Purchasing Bureau South,1st Floor IIIIIIIIIIMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 68608 OR ORDER DATE P.O.Box 94847 PAGE Lincoln,Nebraska 68509-4847 1 of 4 11/13/13 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 27227020 TERESA FLEMiING(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 13691 OC VENDOR ADDRESS: LOGAN CONTRACTORS SUPPLY,INC 6544 L ST OMAHA NEBRASKA 68117-1112 I AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE FURNISHING OF EQUIPMENT,MATERIAL,OR SUPPLIES AS LISTED BELOW FOR THE PERIOD: NOVEMBER 20, 2013 THROUGH NOVEMBER 19, 2014 NO ACTION ON THE PART OF THE VENDOR NEEDS TO BE TAKEN AT THIS TIME.ORDERS FOR THE EQUIPMENT OR SUPPLIES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THESTATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE EQUIPMENT OR SUPPLIES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR ITEMS FROM OTHER SOURCES. ii. i. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD 0F,frHIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR AND THE STATE Of,NEBRASKA, Original/Bid Document 4486 OF r' 'n i I ' r II ° s € III tj k Contract to supply and deliver Heated Rubberized AsphaWra)'AS5 11ir g Machine,Minimum 105 Gallon Capacity with Heated Hose to the State of Nebraska as per the attached pecific lions for a one(1)year period from date of award.The ,,IF { .rl}� r=, contract may be renewed for four(4)additional one(1)ye r periodsgythen mutually agreeable to the vendor and the State of Nebraska.The State reserves the right to extend the perio of his cant act beyond the termination date when mutually agreeable to the vendor and the State of Nebraska. 1 i ; it I i The State may request that payment be made electronialilr'i to'ad of by state warrant.ACH/EFT Enrollment Form can be found at:<http://www.das.state.ne,usiaccounting/forms/achen)'91.pdf?; a= ,j)` i , 11�i l li 1, ,t i , The Contractor is required and stela r agrees ta'us a fete al immigration,verification:syster .top determine the work eligibility status of employees physically perfpr ..(ing.services wi`thu e tate pf l ebraska A federa',irn gr tton verification system s a � °e I�.i services fT t� '� —fit 1 �� ,at e r s� l Y9 mean the electronffz.verificatio of the workauthorization rog , autk ', ad b; ! JI e l�Irr gr tlon Refp m and Responsibility Act ot'1 9996,r8 S.o 1324a,k? mto,%e6` te'#j,o agra n,'or ah e+ uiva 4nt fer e�'air 'arn de gned by the United States D pa tat 60**4 44),irity ttr otherledOral a-iricy atithti i ti,gvErr rq\'r workeljg u 1 ty status of a newly hired employee' F;I ;a '' .. 5', The contractor,by signature to the Invitation to Bid,certifies that the contractor is not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded by any federal department or agency from participating in transactions(debarred), The contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The contractor shall immediately notify the Department if,during the term of this contract,contractor becomes debarred. The Department may immediately terminate this contract by providing contractor written notice if contractor becomes debarred during the term of this contract. If the Contractor is an individual or sole proprietorship,the following applies: 1.The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at:<http://das.nebraska.govflb403/attestation_form.pdf> 2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation require to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. //- _/ BU S el 3 MATERIEL ADMINISTRATOR Ra25Dgr4Isce eI 1D?i?i State Purchasing Bureau STATE OF NEBRASKA CONTRACT AWARD 301 Centennial Mall South,1st Floor Lincoln,Nebraska 88508 OR P.a.Box 94847 PAGE ORDER DATE Lincoln,Nebraska 685094847 2 of 4 11/13/13 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 27227020 TERESA FLEMINpliNs) CONTRACT NUMBER VENDOR NUMBER: 501812 13691 OC 3.The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev.Stat.§4-108. The contract resulting from the Invitation to Bid shall incorporate the following documents: 1.Amendment to Contract Award with the most recent dated amendment having the highest priority; 2.Contract Award and any attached Addenda; 3.The signed Invitation to Bid form and the Contractor's bid response; 4.Amendments to ITB and any Questions and Answers;and 5.The original ITB document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment,i;n case of any conflict between the incorporated documents, sl i the documents shalt govern in the following order of preference cdvTi number one(1)receiving preference over all other documents and with each lower numbered document having'iipOliii nce over any higher numbered document: 1)Amendment to Contract Award with the most recent dated amendment h Vnirt, eihighest priority,2)Contract Award and any attached Addenda,3)the signed Invitation to Bid form and the Contrhictor'igticfrasponse,4)Amendments to ITB and any Questions and Answers,5)the original ITB document and any Addenda.11'h i'ill Any ambiguity in any provision of this contract which shall e(its ovIarod after its execution shall be resolved in accordance with the rules of contract interpretation as established in"th State of Nebraska. Once Invitations to Bid are opened they become the proper of:the tate of Nebraska and will not be returned. It is understood by the parties that in the State of Nebraf kei,,qopicliotwany limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution,Artide)111,1Sa4tion 111 and that any limitation of liability shall not be binding on the State of Nebraska despite Inclusion of StO 14406446 documents supplied by the contractor's bid response, ,A Vendor Contact: Jim Witt i li ',1,=1-1 ' .; .,I I.E r'r;r% :il- ri Phone: 402-339-3900 ; - I :1 ' 1 itI I'l -' , ,. — /, I ' ' , 'd ' ',I ',' ril '3« f=f f , Fax: 402-597-069ktI , -,,,i 1 q.,,, ,; l'i:it.il 1 ,, ;,ie kk,, E-Mail: JimW@L*apOohtractoraicOM ', , :,; , ,!--',, -,; "- „ , 1: :11,1'; ' ' , (bl 11/14/13) .-; : :' ; ; " "-:.,.,t,!:-:-.-. -,,, , _ , Estimated Unit of Unit Line Description Quantity Measure Price 1 HEATED RUBBERIZED ASPHALT 3.0000 EA 33,179.0000 CRACK SEALING MACHINE MINIMUM 105 GALLON CAPACITY WITH HEATED HOSE Make:Crafco Model: EZ 500 Series it Engine: Isuzu 2 DEDUCT EQUIPMENT SHOP REPAIR 3.0000 EA 0.0000 .il ii---14 Li BUYER INITIALS R4IS1iONISC.000110424 , State Purchasing Bureau STATE OF NEBRASKA CONTRACT AWARD 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 IIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIIIIIIMIMI OR P.O.Box 94847 PAGE ORDER DATE Lincoln,Nebraska 68509-4847 3 of 4 11/13113 Telephone:(402)471-2401 BUSINESS UNIT —BUYER Fax:(402)471-2089 27227020 TERESA FLEMING(As) CONTRACT NUMBER VENDOR NUMBER: 501812 13691 OC Estimated Unit of Unit Line Description Quantity Measure Price MANUAL INDICATE PER UNIT COST 3 DEDUCT ENGINE SHOP REPAIR 3.0000 EA 0.0000 MANUAL INDICATE PER UNIT COST .., 4 DEDUCT EQUIPMENT PART MANUAL , 3.0000 EA 0.0000 INDICATE PER UNIT COST .. ,-,. 5 DEDUCT ENGINE PARTS MANUAL '!',,'::1 l';:;, 3.0000 EA 0.0000 INDICATE PER UNIT COST P'..:; 6 EQUIPMENT PARTS CD ROM I 11-L.`- ' 3.0000 EA 30.0000 !I INDICATE PER UNIT COST ,';:-;i,:;.; '' 7 ENGINE PARTS CD ROM I I ''. -- ,H I 3.0000 EA 30.0000 ', 01 tpt INDICATE PER UNIT COST I .,, 1 J, H:. 8 ONE, MINIMUM 1500 WATT,110 3.0000 EA 281.0000':,' , i - to VOLT HEATING ELEMENT FOR OVERNIGHT HEATING,WITH Ti 1 11 THERMOSTATIC CONTROLS . ;;.-. -'. 3.0000 EA 2,105.0000 9 PRICE FOR ADDITIONAL,HEATO1 i 0,1,.,,,,L! ,. -. .. HOSE WISLEEVE 1 ii 1.1i.11. 1 ,I.,:iillk,'-::1:::, . ' .. ,. . ..,. . . BUYER INITIALS 1443500014C0061 100423 STANDARD CONDITIONS AND TERMS OF BID SOLICITATION AND OFFER Invitations to Bid and Contract Awards It is the responsibility of the bidder to check the website for all information relevant to this solicitation to Include addenda and/or amendments Issued prior to the opening date. Website address: http:/lwww,le stet ne Uslrnaterle!! u j l�g!purchasing htm SCOPE-Those standard conditions and terms of bid solicitation and acceptance apply in like force to this Inquiry and to any subsequent contract resulting therefrom. PRICES-Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named in the Invitation to Bid. No additional charges will be allowed for packing,packages or partial delivery costs.When an arithmetic error has been made in the extended total,the unit price will govern. EXECUTION-Bids must be signed in ink by the bidder on the State of Nebraska's Invitation to Bid form.All bids must be typewritten or in ink on the State of Nebraska's Invitation to Bid term.Erasures and alterations must be initialed by the bidder In Ink.No telephone or voice bids will be accepted.Failure to comply with these provisions may result in the rejection of the bid. FACSIMILE DOCUMENTS-The State Purchasing Bureau wet only accept facsimile responses to invitations to Bid on bids under S25,000 and up to ten(10)pages. However,two party sealed bids containing facsimile pages are acceptable. No direct facsimile solicitation responses will be accepted for a commodity contract VALID BID TIME-Bids shall be firm for a minimum of sixty(60)calendar days after the opening date,unless otherwise stipulated by either party in the Invitation to Bid. DISCOUNTS-Prices quoted shall be inclusive of ALL trade discounts.Cash discount terms of less than thirty(30)days will not be considered as part of the bid.Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever Is later, PAYMENT-Payment will be made by the responsible agency in conjunction with the State of Nebraska Prompt Payment Act 81-2401 through 2408.The State may request that payment be made electronically instead of by slate warrant. COLLUSIVE BIDDING-The bidder guarantees that the prices quoted have been arrived at without collusion with other eligible bidders and without effort to preclude the State of Nebraska from obtaining the lowest possible competitive price. LUMP SUM OR ALL OR NONE BIDS-The State reserves the right to purchase item-by-item,by groups or as a total when the State may benefit by so doing.Bidders may submit a bid on an"all or none'or lump sum`basis but should also submit a bid on an item-by-Item basis.The term'all or none"means a conditional bid whirl► requires the purchase of all items on which bids are offered and bidder declines to accept award on individual items;a lump sum'bid Is one in which the bidder offers a lower price than the sum of the Individual bids if all Hems are purchased but agrees to deliver individual items at the prices quoted. SPECIFICATIONS-Any manufacturees names, trade names, brand names, information and/or catalog numbers fisted in a specification are for reference and not intended to limit competition,but will be used as the standard by which equivalent,material offered will be judged.The State Purchasing Director will be the sole judge of equivalency.The bidder may offer any brand which meets or exceeds the specification.When a specific product Is required,the Invitation to Bid will so slate.Any item bid is to be the latest current model under standard production at the time of order Ne,usee or refurbished equlpmort wilt be accepted,unless otherwise stated. ALTERNATE/EQUIVALENT BIDS-Bidder may offer bids which are at variance from theexpress specifications of the Invitation to Bid.The State reserves the right to consider and accept such bids If,in the judgement of the State Purchasing Director,the,bid will result In goods and/or services equivalent to or better than those which would be supplied in the original bid specifications.Bidders must indicate ontFie Invitation to Bid the manufacturer's name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference to jitorature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection.In the absence of arty`stated deviation or exception,the bid will be accepted as In strict compliance with all terms, conditions and specifications,and the bidder shall be held liable therefore, t i,i'q I 'i I'II SAMPLES-When requested,samples shall be furnished at the bidders expense briioritoitlhe opening of the bid,unless otherwise specified.Each sample must be labeled clearly and identify the bidders name,the Invitation to Bid number and the I pip riurnbOr i Earnples submitted must be representative of the commodities or equipment which would be delivered if awarded the bid.The State of Nebraska reservers 9 rii9ht io isquest samples even though this may not have been sot forth in the Invitation to Bid.Samples not destroyed in testing will be returned at bidders expense,if petsl4 ot'ifil be donated to a public Institution. RECYCLING-Preference will be given to items which are manufactured or duced frofrt recycled material or which can be readily reused or recycled after their normal use as per State Statute Section 81-15,159. i i i LATE BIDS-All bids will be lime and date stamped upon receipt by the State urcl-asing iqu eau,and this shalt be the official time and date of receipt.Bids received after the time of the bid opening will be considered late bids and will be returned t€ the bidder yriopened.The State Purchasing Bureau Is not responsible for late bids or lost requests due to mail service inadequacies,traffic or other similar reasons. f !i 't i BID OPENING-Openings shall be public on the date and time specified on the,lnvitation to Bid form.It is the bidder's responsibility to assure the bid Is delivered at the designated date,time and place of the bid opening Telephone bids are not acceptabld A bid may inot be altered after opening of the bids. NO BID-If not submitting a bid,respond by returning the Irvitton to Bid foa'rn$xplaln\ng chi aso(tin the pace provided.Failure to respond to an Invitation to Bid may be cause for the removal of the bidder's name,from the aillp est MOTE To qualify as a respondent bidder must submit a NO BID"and It must be received no later than the stated bid opening dale and time.-1 ' ' i i ' , ' " a i h AWARD-All purchases, leases aN contacts,lwi ich are ihased ert ee comet titive 4e Oa' �t i s will Lie tit K:Wol��i ff'1 a lo�'est lressponslble bidder, determined according to the provisions of State Statute Section 811161,f3 R S'1943 Tha St I reserves the nghtto r'9�ttct rpyldr all,bids wholly r i►1t'pact andjto waive any deviations or errors that are not material do not invalidate the Ieaktirnacy'e e 1.hdl�itin,'.t,set rer rrirtr ,'?rk bIdcjers rf*It e t t7ni �,tit r t.fl b©,inade In'a manner deemed In the best Interest of the State r l l BID TABULATIONS.Tatere d`oris will aye r'timis hod t.rite Wr1ljAo r ipyj,,A aolf aidressed,''starrr{ed erete'00'Wtiii i'i Blest include the agency and solicitation number must be enclosed.Bid tabulations will not be provided by telephone or facsimile.Bid tales may be examined during normal working hours by appointment Bid tabulations are available on the website at jttte://www.dos-state,ne.us/rnateriolvpurchasing/bidtabs.htm PERFORMANCE AND DEFAULT-The State reserves the right to require a performance bond horn the successful bidder,as provided by law,without expense to the State. Otherwise, in case of default of the contractor,the State may procure the articles from other sources and hold the contractor responsible for any excess cost occasioned thereby. IN-STATE PREFERENCE-A resident bidder shall be allowed a preference against a nonresident from a state which gives or requires a preference to bidders from that state.The preference shall be equal to the preference given or required by the state of the nonresident bidders.Where the lowest responsible bid from a resident bidder Is equal in all respects to one from a nonresident bidder from a stale which has no preference law,the resident bidder shall be awarded the contract. NONDISCRIMINATION-The Nebraska Fair Employment Practice Act prohibits contractors of the State of Nebraska,and their subcontractors,from discriminating against any employee or applicant for employment, to be employed In the performance of such contracts, with respect to hire, tenure, terms, conditions or privileges of employment because of race,color,religion,sex,disability,or national origin.(State Statute Sections 48-1101 through 48-1125)The bidder guarantees compliance with the Nebraska Fair Employment Practice Act,and breach of this provision shall be regarded as a material breach of contract.The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this Invitation to Bid. TAXES-Purchases made by the Stale of Nebraska are exempt from the payment of Federal Excise Taxes,and exemption certificates will be furnished on request.State and local taxes age exempt by State Statute Section 77-2704(I)(m)R.R.S.1943 and must not be included in the bid prices.Exemption by statute precludes the furasishing of State exemption certificates. DRUG POLICY-Bidder certifies that it maintains a drug free work place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State. GRIEVANCE AND PROTEST-Grievance and protest procedure is available by contacting the buyer.Protest must be filed within ten(10)days of award. NE ACCESS TECHNOLOGY STANDARDS-Vendor agrees to ensure compliance with Nebraska Access Technology Standards. See website al: http twww.nitc.state,ire.us/standards/accessibility/ Revised: 02/2004 Page 4 of 4 a43500ieisco0o1 moue State of Nebraska - INVITATION TO BID St terP refusing Bureau 301 Centennial Mail South,First Floor CONTRACT Lincoln,Nebraska 68508 OR _ P.O.Box 94847 Date 1 Q/17I13 P 1 of 4 Lincoln,NE 68509.4847 Telephone;402-471-2401 Solicitation Number Fax:402-471-2089 4486 OF REBID Opening Date and Time 11/06/13 2:170 pm DESTINATION OF GOODS DEPT OF ROADS 5001S14THST Buyer I PO BOX 94759 TERESA''FLEMING(AS) J LINCOLN NE 68509-4759 Contract to supply and deliver Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose to the State of Nebraska as per the attached specifications for a one(1)year period from date of award.The contract may be renewed for four(4)additional one(1)year periods when mutually agreeable to the vendor and the State of Nebraska, The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the vendor and the State of Nebraska. The State may request that payment be made electronically instead of by state warrant. ACH/EFT Enrollment Form can be found at: <http:f/www.das.state,ne.us/accounting/forms/achenrol.pdf> The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska.A federal immigration verification system mean the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Responsibility Act of 1996, 8 U.S.C. 1324a, known as E-Verify Program,or an equivalent federal program designed by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The contractor,by signature to the Invitation to Bid, certifies that the contractor is not presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or agency from participating in transactions(debarred). The contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The contractor shall immediately notify the Department if, during the term of this contract, contractor becomes debarred. The Department may immediately terminate this contract by providing contractor written notice if contractor becomes debarred during the term of this contract. If the Contractor is an individual or sole proprietorship,the following applies: 1, The Contractor must complete the United States Citizenship Attestation Form,available on the Department of Administrative Services website at: <http:I/das.nebraska.gov/Ib403/attestation_form.pdf> 2. if the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the US Citizenship and Immigration Services documentation require to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program, 3. The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev, Stat. §4-108. The contract resulting from the Invitation to Bid shall incorporate the following documents: 1. Amendment to Contract Award with the most recent dated amendment having the highest priority; No Bid Res..nd Remove From Class-Item OR Kee. Active For Class-item ,. --BIDDER'MUST COMPLETE THE FOLLOWING DISCOUNT PAYMENT TERMS:;� r % $ G DAYS By signing this Invrtation to Bid,the bidder agrees to the'Standard Conditions and Terms of Bid Solicitation and Offer'and Is committed to provide a drug free work piece environment,Vendor will furnish the trams requested withiniLC —' 10 jays after receipt of order,Failure to enter Delivery Date may ctiuse quotation to be REJECTED. 1 Sign • Enter Contact Information Below Here r.Auttlo�rite6 Signature MANDATORY-MUST BE SIGNED IN INK) VENDOR# Contact TX: �)r /rt7 ,i VENDOR: /?,veL.rr-.J -r • Telephone LJ 1 ' .3. 7 ' .91f16 Address: (r ?y Facsimile < " c° CI01, it/4 Le/y i Email ,,, .- aturn to: State of Nebraska - INVITATION TO BID Slate Purchasing Bureau 301 Centennial Mall South,First Floor CONTRACT Lincoln,Nebraska 68508 OR P.O.Box 94847 Date,Solicitation Number 10/17/13 Page- 4486 OF REBID Lincoln,NE 68509-4847 2of 4 Telephone:402471-2401 Fax:402-471-2089 Opening Date and Time DESTINATION OF GOODS 11/06/13 2:00 pm DEPT OF ROADS 'Buyer 5001 S 14TH ST PO BOX 94759 TERESA FLEMING(AS) LINCOLN NE 68509-4759 2. Contract Award and any attached Addenda; 3. The signed Invitation to Bid form and the Contractor s bid response; 4. Amendments to ITB and any Questions and Answers; and 5. The original ITB document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents;the documents shall govern in the following order of preference with number one(1)receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1)Amendment to Contract Award with the most recent dated amendment having the highest priority, 2)Contract Award and any attached Addenda, 3)the signed Invitation to Bid form and the Contractor's bid response,4)Amendments to ITB and any Questions and Answers, 5) the original ITB document and any Addenda. Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska. Once Invitations to Bid are opened they become the property of the State of Nebraska and will not be returned. It is understood by the parties that in the State of Nebraska's opinion,any limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution,Article XIII,Section III and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied by the contractor s bid response. (bl 10/17/13) A response to this Solicitation is subject to, but not limited to, the included Standard Conditions and Terms. PLEASE READ CAREFULLY! IT IS THE RESPONSIBILITY OF THE BIDDER TO REFER TO STATE PURCHASING BUREAU'S WEB SITE FOR ALL INFORMATION RELEVANT TO THIS SOLICITATION TO INCLUDE ADDENDA AND/OR AMENDMENTS THAT MAY BE ISSUED PRIOR TO THE OPENING DATE. http://www.das.state.ne.us/materiel/purchasing/purchasing.html Bid Tabulations are available on the Internet at http://www.das.state.ne.us/materiel/purchasing/bidtabs.htm This form is part of the specification package and must be signed and returned, along with all documents, by the opening date and time specified, Any questions regarding this solicitation must be directed to State Purchasing Bureau, to the attention of the buyer. It is preferred that questions be sent via e-mail to matpurch.dasmat@nebraska.gov. Questions may also be sent by facsimile to 402-471-2089. Refer to specification for additional information. No facsimile or email solicitation responses will be accepted. ,etu n to: State of Nebraska - INVITATION TO BID State rPurchasing Bureau 301 Centennial Mall South,First Floor CONTRACT Lincoln,Nebraska 68508 OR P.O,Box 94847 Date 10/17/13 Page 3 of 4 Lincoln,NE 68509-4847 Telephone;402-471-2401 Fax:402-4 71-2089 Solicitation Number 4486 OF REBID Opening Date and Time 11/06/13 2:00 pm DESTINATION OF GOODS DEPT OF ROADS Buyer 5001 S 14TH ST TERESA FLEMING AS PO BOX 94759 ___ LINCOLN NE 68509 4759 INVITATION Unit of Extended Line Description Quantity Measure Unit Price Price 1 HEATED RUBBERIZED ASPHALT CRAC 3.0000 EA ;33/7V,'e j , ?. co SEALING MACHINE-MIN 105 GAL Make: ;•��'' Model: r.Z50�i `7-f?-iF-s .1 Engine: ! 5 J 2.C ` 2 DEDUCT EQUIPMENT SHOP REPAIR 3.0000 EA /0/ /4 C-- MANUAL-INDICATE PER UNIT COS 44-- 3 DEDUCT ENGINE SHOP REPAIR MANU 3.0000 EA /t-_ INDICATE PER UNIT COST 4 DEDUCT EQUIPMENT PART MANUAL 3.0000 EA N/e:_._ "I /G- INDICATE PER UNIT COST 5 DEDUCT ENGINE PARTS MANUAL 3.0000 EA N/c. / INDICATE PER UNIT COST 6 EQUIPMENT PARTS CD ROM 3.0000 EA It, f t)Q 90 ,U 0_ INDICATE PER UNIT COST 7 ENGINE PARTS CD ROM 3.0000 EA 96 ,o0 90,60 INDICATE PER UNIT COST 8 ONE, MINIMUM 1500 WATT 110 3.0000 EA .2ij7 oCS , `/ 00 VOLT HEATING ELEMENT FOR OVERN IJ 9 PRICE FOR ADDITIONAL HEATED 3.0000 EA r'/t'`_),v(i.) , 3/.f.5'.6 G HOSE W/SLEEVE STANDARD CONDITIONS AND TERMS OF BID SOLICITATION AND OFFER invitations to Bid and Contract Awards It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date Website address: http://www.dats,state.ne,usimateriel/purchasing/purchasing.htn SCOPE-These standard conditions and terms of bid solicitation and acceptance apply in like force to this inquiry and to any subsequent contract resulting therefrom. PRICES-Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O,B. destination named in the Invitation to Bid. No additional charges will be allowed for packing,packages or partial delivery costs,When an arithmetic error has been made in the extended total,the unit price will govern, EXECUTION-Bids must be signed in ink by the bidder on the State of Nebraska's Invitation to Bid form.All bids must be typewritten or In ink on the Stale of Nebraska's Failure Invitation to Bid form,Erasures and alterations must be initialed by the bidder in ink.No telephone or voice bids will be accepted, to comply may result in the rejection of the bid. with these provisions FACSIMILE DOCUMENTS-The Stale Purchasing Bureau will only accept facsimile responses to Invitations to Bid on bids under$25,000 and up to ten(10)pages. However,two party sealed bids containing facsimile pages are acceptable. No direct facsimile solicitation responses will be accepted for a commodity contract. VALID BID TIME-Bids shall be firm for a minimum of sixty(60)calendar days after the opening date,unless otherwise stipulated by either party in the Invitation to Bid. DISCOUNTS-Prices quoted shall be inclusive of ALL trade discounts.Cash discount terms of less than thirty(30)days will not be considered as part of the bid.Cash whichever periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, disc ucomputedis later, PAYMENT-Payment will be made by the responsible agency in conjunction with the State of Nebraska Prompt Payment Act 81-2401 through 2408.The State may request that payment be made electronically instead of by state warrant. COLLUSIVE BIDDING-The bidder guarantees that the prices quoted have been arrived at without collusion with other eligible bidders and without effort to preclude the State of Nebraska from obtaining the lowest possible competitive price. LUMP SUM OR ALL OR NONE BIDS-The State reserves the right to purchase item-by-item,by may submit a bid on an"all or none"or lump sum"basis but should also submit a bid on an it m-by-item basis.Iotal The termwhe,all orthetate none'm ae seamay ft cb so doing. Bidders onditional bid which requires the purchase of all items on which bids are offered and bidder declines to accept award on individual items;a lump sum"bid is one in which the bidder offers a lower price than the sum of the individual bids if all items are purchased but agrees to deliver individual items at the prices quoted. SPECIFICATIONS- Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to limit competition,but will be used as the standard by which equivalent material offered will be judged.The State Purchasing Director will be the sole judge of equivalency.The bidder may offer any brand which meets or exceeds the specification.When a specific product is required,the Invitation to Bid will so state.Any item bid is to be the latest current model under standard production at the time of order.No used or refurbished equipment will be accepted,unless otherwise stated. P . ALTERNATE/EQUIVALENT BIDS-Bidder may offer bids which are at variance from the express specifications of the Invitation to Bid. The State reserves the right to consider and accept such bids if,in the judgement of the State Purchasing Director, the bid will result in goods and/or services equivalent to or better than those which would be supplied in the original bid specifications, Bidders must indicate on the Invitation to Bid the manufacturer's name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection.In the absence of any stated deviation or exception,the bid will be accepted as in strict compliance with all terms. conditions and specifications,and the bidder shall be held liable therefore, SAMPLES-When requested, samples shall be furnished at the bidders expense prior to the opening of the bid,unless otherwise specified.Each sample must be labeled clearly and identify the bidders name,the Invitation to Bid number and the item number. Samples submitted must be representative of the commodities or equipment which would be delivered if awarded the bid.The State of Nebraska reserves the right to request samples even though this may not have been set forth in the Invitation to Bid.Samples not destroyed in testing will be returned at bidders expense,if requested,or wilt be donated to a public institution. RECYCLING-Preference will be given to items which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use as per State Statute Section 81-15,159. LATE BIDS-All bids will be time and date stamped upon receipt by the Stale Purchasing Bureau,and this shalt be the official time and date of receipt.Bids received after the time of the bid opening will be considered late bids and will be returned to the bidder unopened.The State Purchasing Bureau is not responsible for late bids or lost requests due to mail service inadequacies,traffic or other similar reasons. BID OPENING-Openings shall be public on the date and time BIDOPENING- date,time and placeha etpu bid specified on the Invitation to Bid form, It is the bidders responsibility to assure the bid is delivered et the designatedBID-If note, a bid,respond ofopening.Telephone bids are not acceptable.A bid may not be altered after opening of the bids. NO cause for the submittingiov of the respond name frning the Invitation nvi g I sit o Bid form o explainingalin areason in the space provided.Failure to respond to an Invitation to Bid may bthan the stated bid opening date and time, respondent,bidder must submit a'NO BID"and it must be received no later AWARD- All purchases, leases, or contracts which are based on competitive bids will be awarded to the lowest responsible bidder, determined according to the provisions of State Statute Section 81-161,R.R,S. 1943.The State reserves the right to reject any or all bids,wholly or in part and to waive any deviations or errors that are not material,do not invalidate the legitimacy of the bid and do not improve the bidders competitive position.All awards will be made in a manner deemed in the best interest of the State. BID TABULATIONS-Tabulations will be furnished upon written request.A self-addressed, stamped envelope which must include the agency and solidtation number must be enclosed.Bid tabulations will not beprovided by telephone or facsimile.Bid files maybe examined duringnormal workinghours byappointment are available on the id tab l at: httn•ll not be at <r PERFORMANCE AND DEFAULT-The State rese ti ght to re esa pe rmance bond from the successful bidder, as p Bid tabulations the c Otherwise, in case of default of the contractor, the State may procure the articles from other sources and hold the conactoedresponsible by law, lifor any expensetess cost occasioned thereby. INSTATE PREFERENCE-A resident bidder shall be allowed a preference against a nonresident from a state which gives or requires a preference to bidders from that state.The preference shall be equal to the preference given or required by the state of the nonresident bidders.Where the lowest responsible bid from a resident bidder is equal in all respects to one from a nonresident bidder fiuli a state which has no preference law,the resident bidder shall be awarded the contract. NONDISCRIMINATION-The Nebraska Fair Employment Practice Act prohibits contractors of the State of Nebraska,and their subcontractors,from discriminating against any employee or applicant for employment, to be employed In the employment because of race,color,religion,sex,disability,or national origin.(State Statute Sections 48-1101 through 48-1125)The bidder guarantees corn performance of such contracts, with respect to hire, tenure, terms, conditions or privileges of the Nebraska Fair Employment Practice Act,and breach of this provision shall be regarded as a material breach of contract.The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resultingcompliance with TAXES-Purchases made by the State of Nebraska are exempt� th fromahis Invitation to Bid. exemption and local taxes are exempt by State Statute Section 77.2704(I)(m)R.R S. 1943 and must not be included in the bid prices.Exemption by statute precludes the famishing P yr43 at dof Federal Excise Taxes,and bid p certificates wilt be furnished on request.State of Stale exemption certificates. DRUG POUCY-Bidder certifies that it maintains a drug free work place environment to ensure worker safety and workplace integrity, Contractor agrees to provide copy of its drug free workplace policy at any time upon request by the State. 9 ty GRIEVANCE AND PROTEST-Grievance and protest procedure is available by contacting the buyer.Protest must be filed within ten(10)days of award, a NE ACCESS TECHNOLOGY STANDARDS-Vendor agrees to ensure compliance with Nebraska Access Technology Standards. See website at: http:/www,nitc,state.ne.usfstandards/accessibility/ Revlsear 02J2004 Page 4of4 W'i5-I3 STATE OF NEBRASKA DEPARTMENT OF ROADS Terms and Conditions for Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose 4486 OF REBID W15-13 SCOPE THE Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose SHALL BE THE LATEST CURRENT MODEL OF PROVEN PERFORMANCE AND UNDER STANDARD PRODUCTION BY THE MANUFACTURER AND IS TO BE OF STANDARD DESIGN, COMPLETE AS REGULARLY ADVERTISED AND MARKETED INCLUDING ALL SPECIFIED ACCESSORIES, TOOLS AND SPECIAL FEATURES. All necessary parts for satisfactory operation of the equipment shall be furnished whether or not they may be specifically mentioned below. Complete detailed specifications and advertising data sheets with cuts or photographs should be attached to the invitation to bid on the IDENTICAL equipment proposed,ANY INFORMATION NECESSARY TO SHOW COMPLIANCE WITH THESE SPECIFICATIONS, IN ADDITION TO INFORMATION GIVEN ON ADVERTISING DATA SHEETS, SHOULD BE SUPPLIED IN WRITING AND ATTACHED TO THE BID DOCUMENT. The Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose must meet or exceed the following requirements. NON-COMPLIANCE STATEMENT Read this specification carefully. Any and all exceptions to this specification must be written on or attached to invitation to bid. Non-compliance can void your bid. It is the responsibility of the Bidders to obtain information and clarifications as provided on the Schedule of Events.The State of Nebraska is not responsible(or any erroneous or incomplete understandings or wrongful interpretations of this Invitation to Bid by any Bidder. PERIOD OF CONTRACT Contract to supply and deliver Heated Rubberized Asphalt Crack Sealing Machine,Minimum 105 Gallon Capacity with Heated Hose to various locations upon request per the attached specifications, terms and conditions for a one (1) year period beginning from date of contract award with the option to renew for four(4)additional one(1)year periods when mutually agreeable to the vendor and the State of Nebraska. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the vendor and the State of Nebraska. AMENDMENT This Contract may be amended at any time in writing upon the agreement of both parties. RIGHTS The State of Nebraska reserves the right to waive technicalities and reject any or all bids. The State of Nebraska will be the sole judge of equivalence and any decision will be final. Contract supplier or suppliers may honor pricing and extend the contract to political sub-divisions, cities and counties. Terms and conditions of the contract must be met by political sub-divisions, cities and counties. Under no circumstances shall the State of Nebraska be contractually obligated or liable for any purchases by political sub-divisions, cities or counties. TERMINATION The Contract may be terminated at any time upon the mutual consent of the parties,or by either party, with or without cause, upon thirty(30)days written notice to the other party. Page I of 7 \V)5'D SUBSTTUThON$ The vendor will not substitute any item that has been awarded without prior approval o/State Purchasing Bureau. BREACH [>FCONTRACT If the Contractor breaches this Contract, the State of Nebraska may, at its dienredon, terminate the contract immediately upon written notice to the Contractor. The State ofNebraska shall pay the Contractor only for such performance as has been properly completed and isof use ho the State oyNebraska. The State of Nebraska may,at its discretion, contract for provision ofthe goods or owmicwo required to complete this Contract and hold the Contractor liable for all mxpmnwwo incurred in such mdd|hnom| contract over and above the total coot of performance. This provision shall not preclude the pursuit of other remedies for breach of contract ee allowed bylaw. ANNUALUSAGE This is an open-ended contract between the vendor and the State to furnish an undetermined quantity of Heated Rubberized Asphalt Crack Sealing ;Nach|ne, yN|n1mnunn 105 Gallon Capacity with Heated Hose In a given period of time. Quantities stated are estimates only and shall not be construed to either be a minimum or a maximum. QRDERS8NVO|CEG The ordering entity will submit their orders directly to the contractor on an as needed basis, using their own standard purchase order form. Orders may be placed by phone, fax, mail, or Internet (if available). All orders must be assigned o purchase order number, and the purchase order must be mh*rnnood on the invoice. All invoices are to be sent bothe address shown on the purchase order. CUSTOMER SERVICE The vendor shall list the nomo, phone number and o'mui| address of the customer service representative who will be assigned to service the State o/Nebraska's aucownt� ' / N Customer Service Rep: Phone Number: � �� '�— Email Address: DELIVERY Delivery is to be between 9:00 AM and 3:00 PM (CST), Monday through Friday(excluding State holidays and/or as otherwise directed). The Department of Roads requires 24-hnur advance notice of delivery\oFleet Management sd(4O2)47B-4318ur4323. Deliveries must bn clearly marked with the purchase order number. |f delays in delivery are anticipated, the contractor will immediately notify the buyer et the Department uf Roads of the expected delivery date. The order may becanceled If the delivery date is unsatisfactory, and the State may procure item(s)from other sources and the contractor may be held responsible for any/all excess cost. Delivery desired prior to 60 days after receipt of purchase order;deliveries quoted beyond G0 days may baan award consideration. At the time of delivery, adeoignated State of Nebraska employee will sign the~invoioelpock|ngo|ip~ This signature will only indicate that the order has been received and that the items actually delivered agree with the delivery invoice. This signature does not indicate all items were received in good condition and/or that there is not possible hidden damage. Deliveries must be clearly marked with the purchase order number. Units to be bid F.O.G. 5001 South 14mStreet, Lincoln, Nebraska. ACCEPTABLE BRANDS C|m||ne Cnafco Other brands must bodemonstrated near Unno|n. Nob,00ka, have adequate references pmvidad, have adequate service facilities in Nebraska, be field proven and be approved in writing by Fleet Management of the Department of Roads five (5)dayx prior tu bid opening. Po&c2vf7 W15-13 STATE OF NEBRASKA DEPARTMENT OF ROADS Specification for Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose 4486 OF REBID Bidder instructions: Bidder must respond to each of the following statements. Specifications listed are minimum conditions that must be met in order for a bidder to qualify for the award. MEETS SPECIFICATIONS—Please indicate—(If response is No&Provide Alternative,explain on Notes/Alternative line) NO& PROVIDE YES NO ALTERNATIVE A.LALITY: 1. Products must meet specifications and be of first quality, free of damage and/or defect and must be under standard production by the manufacturer and be of standard design,complete as regularly advertised and marketed and be of proven performance. A guarantee of satisfactory performance of the product, performance of the supplier, and the supplier meeting delivery dates are all considered to be integral parts of the contract resulting from this bid invitation. >4- 2. Failure to conform to the Specifications and Terms and Conditions constitutes a breach of this contract, and the State may reject the entire order or any part thereof and may recover the expenses and/or damages of such breach. The State of Nebraska may, also at its discretion, terminate the contract immediately upon written notice to the contractor and/or pay the contractor only for such performance as has been properly completed and is of use to the State and contract for provision of the services required to complete this contract and hold the contractor liable for all expenses incurred in such additional contract over and above the total cost of performance. This provision shall not preclude the pursuit of other remedies for breach of contract as allowable by law. Notes/Alternative: NO& PROVIDE YES NO ALTERNATIVE PRICE: Prices quoted shall be unit price (each)and shall be firm for 90 days from date of an award and are to be net; Including transportation and delivery charges fully prepaid by the bidder F.O.B.destination as specified on each Purchase Order or under separate cover with each order. No additional charges will be allowed for packing, handling, or partial delivery costs. Any request for an increase must be submitted in writing to the State Purchasing Bureau a minimum of 30 days prior to proposed effective date of increase, and must show cause and be accompanied by supporting documentation (such as notification letter from the manufacturer). Supporting documentation must clearly establish the increase is to all customers, not to the State of Nebraska alone. Further documentation may be required by the State,to authenticate the increase(manufacturer invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State. Page 3 or 7 W15-13 No price increases are to be billed to any State Agencies without prior written approval by the State Purchasing Bureau.The State will be given full proportionate benefit of any decrease for the term of the contract. Notes/Alternative: NO& PROVIDE YES NO ALTERNATIVE 1. MELTING VAT SYSTEM ', A. Mixing/holding tank shall be of double boiler construction .'‹ B. Minimum 105 gallon capacity material tank C. Minimum 10 gauge steel vat D. 50 to 550 degrees Fahrenheit dial stem or digital thermometer E. Full length agitator with dual blades or auger system to break up and blend material; surrounded by minimum 12 gauge steel oil jacket F. Hot oil expansion tank required if available from manufacturer G. The heating jacket will have a 50-550 degrees Fahrenheit dial stern or digital thermometer 1. Oil filler cap and dipstick 2. Insulated by minimum 2"of fiberglass or 1"of ceramic 3. Insulated encased in a minimum 22 gauge shell H. Anti-splash or safety loading chute with minimum 252 square inch opening required Notes/Alternative: NO& PROVIDE YES NO ALTERNATIVE 2. HEATING SYSTEM A. Diesel fueled by minimum 245,000 BTU burner B. Capable of melting rubberized asphalt at the minimum rate of about 80 gallons per hour or 800 pounds per hour after initial heat-up X C. Burner chamber shall have minimum 4,000 square inch heat transfer area that exhausts to vertical stack with rain cover(s), and have heat transfer efficiency rating of at least 94% D. Burners will be equipped with a fully automatic thermostatic oil temperature control system with a pressure regulator and gauge E. Outfire shutoff valve and a built-in, self-contained electric ignition system F. All unit controls will be in a weather-tight lockable box Notes/Alternative: NO& PROVIDE YES NO ALTERNATIVE 3.SEALANT AND APPLICATOR SYSTEM A. Sealant will be circulated and delivered through a hydraulically driven minimum 12 GPM pump OR a 6 GPM pump if"pump on demand"system is used. 1. Pump to be external of material tank and within heated enclosure K B. Sealant delivery hose shall allow for a 14'working radius from the rear center of the machine 1. Continuously heated by 110 volt or 12 volt electrically heated hose and k wand 2. Unit shall have heated enclosure to provide storage and provision for using a non-heated hose as various conditions and operations occur 3. Trigger control wand preferred. If not furnishing trigger control wand, Page 4 of 7 vV|5'|] please state what yQu are furnish in 4. Rate dfor minimum 400 degrees -- —Fahrenheit temperature 5. Steel braided with Teflonlining orequivalent 8. Protected by separate hose sheath C. Pressure-regulating device will bo provided Vo regulate pressure from applicator nozzle |f not"pump un demand" system __ _ D. Swing arm boom for support o(app|icadon hose is required No�eu/A|�nrnutive� wnu pnovms YES NO mJsnwmws 4L ENGINE AND DRIVE X _ _ A. D|aae|, minimum uf2Ohorsepower B. 12 volt electric start K C. Battery, alternator, and rainproof mu0ar(m) D� Power transmitted through hydraulic pumps and motors in such ufanhion that pump and agitator can on operated together orseparately in either forward or reverse rotation E. Hour meter connected\o engine iarequired F. A minimum 25 gallon diesel fuel tank for engines and burners required G. Liquid cooled engines will be protected ho minimum 34 degrees below zero Fahrenheit with ethylene glycol solution H. Engine cover required Notes/Alternative: NO PROVIDE YES NO ALTERNATIVE 5.TRAILER UNIT A. Single o,dual axle m/nimum4.S00 pound rating. adequate suspension to meet requirement cf fully loaded machine B. Steel disc wheels desired C. DOT compliant electric brake system required °c D. Tires shall heof adequate size and load range to meet GVVVRoftrailer. State size and load range oftire to 7 be pnmi � � \ � `r E. Tires should be Bridgestone,\Goodyear, BF Goodrich, Michelin, plreohmna. General,Titan, or Uniroyal, and carry said brand name. |fmanufacturer cannot furnish above brand name tires, please specify what brand you will be furnishing: /J - ��C,+nve��� F. Fenders and |ivanao plate bracket required G. Running lights conforming tn federal requirements H. 3^(ovvinQ eye with height adjustments approximately 20'30^frnm grade in about 2''increments }. Adjustable tongue Jack with caster J. Frame fabricated tu adequately support the machine u _ K. Safety chains with hooks and retaining ability from trailer io pulling unit are required � L. Electrical connecter of 7-way ATA type from trailer to towing vehicle;wired per instructions with plug (see attached drawing) Notes/Alternative: Page 5 of'7 VV|5'|3 woo pRovos YES NO ALTsnwArms 6' NOISE LEVEL }{ A. Bidder shall supply with proposal the following decibel level per SAE Standards: Under full load in operator's position with doors and windows open 7 3 dVJ Under full load inb ndm/m position at7.5 meters from rear ofunit OD Notes/Alternative: _ . . . .. . ' ---- wo& PROVIDE YES NO ALTERNATIVE 7.MANUALS A. Operator's manual must accompany each unit delivered < B. Equipment shop repair manual |o required with each unit delivered C. Equipment parts manual io required with each unit delivered D. Engine shop repair manual is required with each unit delivered __ E. Engine parts manual is required with each unit delivered / F. AUmanue|(y)nnus(bah/m|uhedp�or(o payment and delivered VuFleet - Management. Equipment Data Coordinator. FoUorn tn deliver all manuals that are ordered may result in non-payment of ten percent(1O%)nfpurchase order until all manuals are delivered. Notes/Alternative: wom pRowos YES NO ALTsnw^«ws B. MISCELLANEOUS A. Bidder will submit with their proposal o list of any opadu| tools they will furnish with each machine B. Dealer's decals, stickers or other signs shall not be affixed tounits; manufacturer's namep/uuea, stampings and other similar signs are acceptable C. Dealer pre-delivery service required D. Color—manufacturer's standard color, but black is preferred. Unit will ba primed prior/o final coat. Nntey/AUo,nmtivw: - wou pnovIDc YES NO ALTERNATIVE 9.mVARRANTY . . A. Manufacturer's usual warranty shall apply and shall boin effect for o*least one(1)year from the date the equipment ia placed in service bythe Nebraska Department of Roads (NDOR) � 1. This warranty shall cover all inspected parts determined to have been defective|n material urworkmanship. B. Vendor shall be responsible for all repairs, to include parts and|eho,,during the 12 month usual warranty period )( C. All transportation costs to and from the nearest authorized repair facility will bn the responsibility nf the NDOR »� D' Authorized repair facility to be located in Nebraska- Please |in,authorized Page 6*f7 YVD'|} wou pxov|oc YES NO ALrsnwArws 10.SPECIFICATION FORM A. Successful bidder will be required to complete form to the fullest extent possible for each unit and must accompany each unit when delivered. ' B. Forms will be supplied by the Department o/Rooda to the noocoaehul bidder after contract inawarded. C. |f vendor does not properly complete form for each unit, o sum uY$25O.OU per unit will bo deducted from purchase order amount. Notes/Alternative: wou pRov/os YES NO Acrsnw*T/ve 11-TRAIN|NG A. Successful bidder must furnish a factory-trained representative in operation maintenance for eight(D)hours of Instruction for each unit mt its location within the State uy Nebraska. Fleet Management will contact vendor regarding schedule, Notes/Alternative: wou Pmov|oE YES . NO ALTERNATIVE 12. GUBST|TUT|ONS Vendor will not substitute any item that has been awarded without prior written approval uf the State Purchasing Bureau. Notes/Alternative: woa pROvos YES NO ALrEmwxrlvE 13' COMPLIANCE v� Specifications have been read and fully understood. Any exceptions have been written on the bid orattached. Notes/Alternative: _ END OF SPECIFICATION Page 7o[7 W15-13 f' ( .to 0 + i t}.., 2 › r § § ix -k w a § 2 m ok. 0 2 I- °0 m _ t6ic b td k Q cv til 1§'cua0 0 0 1 !,..9 d z u. to ii, 0 .0 '3: 0 A LU Ail'ip 8 0 ca al v- - o • p_. 0..> Ny ID plO 1- r ....1 til a (y) (...) g it) • 713 r= tjj Z - . 0 — it Ui i4i Immaill . . '1". cv e) ,tr ' " tri to N: 1110 so I.... 0 t z 0 0 D $ re 15 0 -R 1... $- i (.9 tx- 9 ITB Number 4486 OF Rebid Contract Number 13691(OC) Bid Opening Date: 11-06-2013 In accordance with Federal U.S. Copyright Law Title 17 U.S.C. Section 101 et seq., Title 18 U.S.C. 2319, the following material(s) has not been included due to them being copyrighted. Logan Contractors —the following is marked Copyrighted: 1. Crafco Applicators Brochure i ` l`='``l � SPECIFICATIONS FOR 500 Liter GALLON) 141,/ r `3���_ ` �,l, i=�.l t'*INC MELTER.APPLICATOR WITH PUMP ON DEMAND FEATURES: DIESEL FUELED 420 N.Roosevelt Ave.•Chandler AZ 85226 1-800-528-8242•(602)276-0406•FAX(480)961-0513 www.crafco.com SEPTEMBER 2010 GENERAL The purpose of these specifications is to describe a double-boiler type melter applicator that is specifically designed for and shall be capable of heating and applying all grades of asphalt rubber sealant,fiber modified asphalt sealant and specification joint sealant without further equipment modification. It may be used for the application of resinous, colored sealant and fillers. This unit shall be the manufacturer's current production model manufactured in the United States of America. The machine shall be capable of starting at ambient temperature and bringing the sealant material up to application temperature in one hour or less. All qualified bidders must have and maintain a complete inventory of repair parts and have experienced factory-trained service personnel for this equipment. A comprehensive safety manual and an operational/maintenance CD shall be supplied with each unit. A factory-trained person shall be made available for initial start-up and training in the operation of the melter. The material should be heated in a kettle or melter constructed as a double boiler, with space between the inner and outer shells filled with oil or other heat- transfer medium. Thermostatic control for the heat -transfer medium shall be provided and shall have sufficient sensitivity to maintain sealant temperature within the manufacturer's specified application temperature range. Temperature indicating devices shall have intervals no greater than 5°F(2.8°C)and shall be calibrated as required to assure accuracy. The melter shall have continuous sealant agitation and a mixing system to provide uniform viscosity and temperature of material being applied.Do not attempt to apply 2-component products with this unit. REQUIRED SAFETY FEATURES The unit shall have a safety shut-off feature on the lid that automatically stops the agitator when the lid is opened. The applicator wand shall he equipped with an automatic shut-off feature that will stop the flow of sealant when the handle is released or dropped. The sealant line pressure will automatically cease when the sealant flow is stopped. The operator shall not be required to perform any additional activity other than releasing the wand trigger switch to cease sealant line pressure. There shall be no valves in the line to allow interruption of sealant flow from the pump to the wand end. The heat transfer oil shall adequately and efficiently bring the sealant material to application temperature without the use of a heat transfer oil circulation pump. This eliminates the potential exposure of personnel to pressurized hot heat transfer oil. TOWING FRAME AND JACK This unit shall be trailer mounted. The longitudinal side frames and tongue members of the trailer shall be on one continuous piece construction composed of hot rolled steel channel having the minimum dimensions of 5 inches(12.7 cm)web, .190 inch(.483 cm)thickness with 1.75 inch(4.445cm) flanges. The configuration of the channels shall be cold formed with the flanges on the outside resulting in a one-piece frame member with no cross welding of or on the flanges to avoid any possibility of flange stress cracking. The tongue shall be equipped with an appropriate heavy duty ball or pintle hitch and shall be adjustable in height above ground level from a minimum of 14 inches(35.6 cm), to a maximum of 32 inches(81.3cm), permitting practically level towing with a wide range of towing vehicles. The towing hitch shall be bolted to the hitch plate for easy height adjustment and/or conversion to other type hitches. A screw-post tongue jack shall be furnished. It shall be a heavy duty type with a load capacity of 7,000 pounds(3,175 kg)and it shall be side mounted and swing away for positive road clearance while under tow. RUNNING GEAR The unit shall be equipped with an independent rubber torsional suspension having a safe load capacity of 5,200 pounds (2358.7 kg), electric brakes, modular wheels and ST225/75 R15 tires (Load Range D). This suspension eliminates springs and shackles that rust and reduce ground clearance. The melter shall have dual taillights,stop lights and turn signals. Lights shall be ICC approved, A license plate holder shall be attached to the driver's side taillight. All melter fluid tanks shall be positioned no lower than the deck level,mounted on top of the channel frame members to assure proper ground clearance. The unit shall also be equipped with two safety chains not less than 48 inches (121.9cm) of.38 inch (.97 cm) coil proof chain, attached to the tongue with a drilled type clevis pin on the end attached to the frame and screw type clevis pin on the opposite end. Total shipping weight is approximately 4,180 pounds(1,896 kg). Gross Vehicle weight shall be 5,480 pounds(2,486kg.). HEATING TANK The material heating tank shall be a minimum of 40.38 inches(102.5 cm)diameter by 25.18 inches(63.96 cm)deep having a minimum capacity of 132 gallons(500 1)at ambient temperature. The tank will have a rear discharge from the pump and rear plug outlet. A double boiler type jacket with internal oil column shall create a reservoir that shall hold a minimum of 21.0 gallons(79.47 1)of heat transfer oil at 70°F(21°C). (Note: at 500°F(260°C)the heating oil will expand approximately 18%). The jacket shall wrap around 100%of the outside area of the circular material tank and bottom and allow for complete circulation of the heated transfer oil. The heat transfer oil tank design shall provide a center tower of a minimum 18 inches(7.08 cm) in height to provide efficient melting and uniform product heating. At no point in the tank shall there be a distance of greater than 8 inches(20.32 cm)from a heat surface. The tank and jacket shall be made of not less than 3/16 inch(.94 cm)rolled sheet steel. There shall be one plug to allow the entire heat transfer oil system to be drained. The heat transfer oil shall be of ISO grade 68. The efficiency rating shall be a minimum of 96%as determined by the ratio of the material tank surface area to the HTO tank surface area. Units with an efficiency ratio of less than 96%are unacceptable. EXPANSION TANK A sealed expansion tank for heat transfer oil shall be provided to minimize oil oxidation and prevent moisture condensation into the heat transfer oil. Overflow down tubes are unacceptable. HYDRAULIC SYSTEM The hydraulic system shall incorporate a single hydraulic pump to power the agitation and pumping system. All valves shall be solenoid operated by toggle switch and wand handle switch. The controls will allow for bi-directional operation of the sealant pump. A flow control valve will be mounted on the rear of the unit to allow the operator to adjust the pump operational speed. All controls shall be mounted at the curb side rear on the trailer for easy access by the operator. Hydraulic controls located at the side or forward portion of the trailer are unacceptable. The minimum 24 gallon (90.8 1) hydraulic tank will be equipped with an internal 10-micron full flow filter. The filter shall be equipped with a restriction indicator to indicate the need for service. A sight gauge level indicator equipped with a thermometer to measure oil temperature will be mounted on the tank and located where it is easily viewed. INSULATION The heating tank shall be insulated with a minimum of 1 1/2 inch(3.81 cm)thick high temperature ceramic insulation and covered by a 22-gauge(.07cm)steel outer wrapper. Fiberglass and rock wool insulation are unacceptable due to their moisture retention properties resulting in a significant loss of their insulating value over an eighteen-month period. LOADING HATCH A low profile angled lid opening for loading shall be required at the top of the material tank and shall be located on the curbside of the machine for operator safety. The loading height shall be a minimum of 53 inches (134.62 cm) for operator safety. Loading heights below 50 inches may expose the operator to splash hazards and fume exposure when loading and are unacceptable. This will allow the operation of the equipment, including sealant loading, from curbside. Loading systems that require the operator to step onto the melter are unacceptable. The opening shall have a minimum area of 252 square inches(1,625 square cm),approximately 14 inches(35.56 cm)by 18 inches(45.72 cm) and shall be hinged to allow placement of a block of sealant onto lid and closure of lid for easy,anti-splash loading. HEATING SYSTEM The heat transfer oil is heated by one 12-volt 250,000 BTU high efficiency forced air diesel fired burner directly at the bottom of the heat transfer oil tank. The burner shall fire into an easy access removable burner combustion chamber box. The box will be insulated by a high temperature flexible insulation that is resistant to damage from vibration and over the road travel. Rigid insulation is unacceptable. The total area of the heat transfer oil tank exposed to the burner shall be a minimum of 5,011 square inches(31,829 sq cm). The material tank shall have a minimum of 4,810 square inches(30,552 sq cm)of contact with the heat transfer oil. This provides for a melt rate of 1,100 pounds(498.95 kg) per hour. IGNITION OF BURNER The burner shall be lit by a constant duty high voltage transformer powering an electric spark ignitor. This ignitor shall work in conjunction with a sensor that detects a lack of burn or ignition and shuts down the fuel supply. The thermostat control is located on the rear curbside of the machine and shall have a toggle switch shut off for operator safety. INTEGRATED CONTROL SYSTEM The inciter applicator shall have electronic thermostat controls that will automatically regulate hot oil, material temperatures and in turn display these temperatures on digital readouts. The controls shall operate at temperature ranges needed for proper application of sealant. They shall be activated by a single power switch,which will then turn on the agitator and pump at the proper temperature without any action by the operator. The interlock for the agitation system will not allow the agitator to be activated until the material temperature reaches 275°and the interlock for the pumping system will not allow the pump to he activated until the material temperature reaches 275°. All temperature controls shall be contained in a single weatherproof control box and located at the rear passenger side of the machine for operator safety. This control box shall also contain the engine ignition controls,hour meter and any engine gauges. Any operational controls located at the side or forward portion of the trailer are unacceptable. DRIVE AND DRIVE CONTROLS The motive force to the agitator and material pump shall be hydraulic motors driven by a single hydraulic pump. The drive controls governing the rotational speed of the material pump shall be controlled by adjustable hydraulic valves. The drive controls governing the speed of the material pump shall be controlled from the rear passenger side of the machine. The material pump will have infinite speed control and is electrically actuated by a toggle switch on the hand wand or recirculation port switch. The material pump can he reversed by a toggle switch on the control panel as required. Material pump will also be activated when wand is inserted into the shoebox for recirculation of the material. This function shall he controlled by a switch that can be turned "OFF" or"ON" by the operator as desired from the control box. Recirculation shall not be required to operate unit. AGITATION The sealant material shall be mixed by a hydraulically driven,full sweep vertical agitator with two opposing horizontal paddles and vertical risers attached to the ends shall mix the sealant at an ASTM specified tip speed of 250 ft/min. Variable speed agitation is Unacceptable. The surface area of the agitator paddles shall be a minimum of 280 sq. in. (1806.44 cm). Surface areas of less than 100 sq. in.(903.222 cm)are unacceptable.The distance between the wall and the edge of the paddles shall never exceed three inches. This feature ensures that material remains in complete suspension and that the hot material stays in the lower area of the tank and does not get splashed or thrown to the upper areas of the tank. Units that do not comply are unacceptable. The agitation system shall he direct driven from the hydraulic motor to the agitator. The agitator rotates in both directions. For additional safety the agitator will shut off automatically when the loading hatch is opened. BI-DIRECTIONAL VARIABLE SPEED PUMPING UNIT The material pump shall be a 2 inch (5.1 cm) positive displacement helical gear pump rated at 20 GPM. Pump and tank valve are heated by an enclosed insulated heating chamber. Heat flow to this chamber is controlled with a single slide gate that will separate this chamber from the tank air jacket. The insulated chamber shall have a removable panel for easy access to the pump. The heating chamber shall have an insulated door hinged and notched for sealant hose access. The heating chamber shall provide storage for a sealant hose. Pumping of material is controlled by a switch on the hand wand and output is controlled hydraulically. Sealant pump operation shall be ON DEMAND. The pump rotation shall stop when sealant application wand trigger is not activated. Units that divert sealant flow without stopping the pump rotation arc not ON DEMAND and are unacceptable. Only one valve shall be required in the pumping system. This valve will be accessible from outside of the heat chamber and will separate the material tank from the application system. No recirculation back into the tank shall be needed to operate the unit. The unit will allow recirculation back to the tank through the applicator wand at the operator's discretion. No internal or external valves shall be used between the pump and the sealant delivery to the pavement. Units with valves that divert flow to stop sealant from flowing to the application arc unacceptable. The pump shall be capable of delivering sealant at a rate that exceeds the melt rate of the machine. SEALANT HOSE AND APPLICATOR WAND Unit shall have a non-heated hose and wand applicator. The hose shall he specifically manufactured for handling liquid asphalt products up to 400°F (204.4°C) at 350 psi (24.13 bar) working pressure. Hose and wand shall not be less than 19 feet(5.8 m)in length. The hose and wand shall have a working radius of 16 feet 6 inches from the center of the machine. For maximum operator safety it shall be made of 1"inch(2.54cm) inside diameter insulated,rubber coated,steel braid reinforced and neoprene lined. A digital readout displays the temperature.The hand wand shall be constructed of steel with sufficient strength to withstand normal day-to-day operation. Material flow is controlled by a trigger switch. For greater operator mobility, the connection between the wand and hose shall be through a 360° swivel. There shall be no obstruction or valves between the material pump and the wand end. The hose is supported by a 79 2in. boom(2.18 in), which swivels side to side on dual pillow block bearings.The hose carriage at the end of the boom shall pivot and have 79 (2.13m) of horizontal linear movement on a roller bearing wheels for further operator comfort. There shall be a minimum of 6t1. Gin.clearance under the boom. Fixed carriage hose booms are unacceptable as they do not allow for easy maneuverability. The unit shall be equipped with a diesel engine complying with the following specifications: Electric Start Three Cylinder 25.4 HI'(18.84 kw) 3.14"(79.7 mm)Stroke Constant Speed Mechanical Governor 68.6 cu in.(1.121)Displacement Full Flow Oil Filter 3.05"(77.4 mm)Bore 22 to I Compression ratio Water Cooled Engine Shutdown Package(low oil pressure& high temperature) FUEL CAPACITY The melter shall have a 30 gallon(113.56 I)diesel fuel tank for operation of the entire unit. The unit will be capable of operating for a minimum of 12 hours on one tank of fuel. The lank shall be equipped with full length sight gauges for fuel level indication protected in a steel cover. PAINT All painted surfaces shall be coated with DuPont two-part epoxy primer and DuPont two-part urethane paint applied by DuPont certified painters. OPTIONS(X if to be included* 2-5116 inch(5.9 cm) Ball Hitch 3 inch(7.6 cm)Pintle I Inch 18"Hitch Extension 28"Hitch Extension 39"Hitch Extension Dripless Tip Adapter 3"Swivel Disk Applicator 4"Swivel Disk Applicator V-shaped Squeegee(Qty. ) _ I/2 inch round Sealing Tip Extra Electric Hose Lockable Battery Cover Extra Hydraulic Filter Auto Loader Lockable Engine Cover Fire Extinguisher Mounted on the Trailer Frame Mast Mounted Strobe Light Tool Box Overnight Heater Custom Paint TRA INING An authorized,factory-trained representative will be made available for a full day of training at a facility designated by the bidding agency. Al this training session a complete operational,mechanical and safety overview will occur. The Cl) manual will be viewed and discussed with all concerned personnel. Additionally, the representative will be available at that time for"on the job"safety and field training. SAFETY AND TRAINING MANUALS A written Safety Manual will he provided to the bidding agency. PARTS Bidders must show proof that a large stock of parts for the model of equipment upon which he is bidding is maintained at his facility. AWARD Equipment is for use by the Highway Department and must meet the requirements of that agency as interpreted by the Highway Commissioner. Prior to award the Purchasing Agency may require a visit to the supplier's facility to assure supplier has plant capacity to manufacturer and deliver equipment on time as required. If it is determined that the supplier cannot supply as requested,this is just cause for cancellation. WARRANTY The manufacturer shall warranty the equipment for one year or as otherwise noted in thc manufacturer's standard warranty policy. QUALIFICATIONS OF BIDDERS No bid svill he considered unless the bidder can meet the following conditions: That it has in operation a parts/service location and keeps a sufficient stock of parts on hand at all times. 2. That it is bidding upon the stock model chassis that meets the requirements of the specifications without material changes or modifications. The model is regularly advertised and sold as having a capacity of not less than called for herein.The bidder has been engaged in the manufacture of equipment of the type hid upon for at least twenty-four months. APPROVED EQUAL These specifications arc not intended to be restrictive,but are meant to describe the kind and size of unit desired to be purchased in detail. If a bidder is basing his proposal on other equipment than what is specified in these hid documents and wishes the equipment he proposed to be considered as an "approved equal,"he will submit on a separate sheet attached to the Technical Specifications contained herein,an item by item description of that which he proposes. For purposes of comparison, include only those items on each sheet as given in these technical specifications. Such bidders shall also include,but not as a substitute for the above,any manufacturer's literature or specifications. In addition,if the bidder takes exception to any item,he will note the item and describe in detail the exception. Failure to carry out the provisions noted herein may he cause to deem the bid"non-responsive. Prior to bid award,the agency may request an on-site demonstration of a like model unit. Upon request from the agency,prospective bidders will have no more than 30 days to provide a demonstration at a location designated by the agency. rlos at i Ho,Jr. iNoServices Director Dave Heineman, Governor ADDENDUM ONE Date: October 28, 2013 To: All Bidders From: Teresa Fleming, Buyer State Purchasing Bureau RE: Addendum for Invitation to Bid 4486 OF REBID Original Opening Date and Time: November 06, 2013 at 2:00 p.m, There were no questions submitted for the above mentioned Invitation to Bid. This addendum will become part of the bid and should be acknowledged with the ITB. Administra!ive Sore, • 301 Certt'fma!Mail South • P.O.Box 9484/ • Lchi,Ne9tv,ka ",8O(19-1il? • Pkoile:402471-652O • hx:402-171-2089 ` � \ i � ; j � �B ()o1/m{�mUDn, Jn Adminiistrmflv6 c,vices DinWv � Dave H^incnmn. Governor � October 17. 2O13 Dear Prospective Bidder: The State of Nebraska Purchasing Bureau is issuing the following Invitation to Bid ([TB): |TBNurnbec 448G [)FRebid Commodity: Heated Rubberized Asphalt Crack Sealing Machine, Minimum 1U5 Gallon Capacity with Heated Hose Opening Date: NnvemUorO. 2013; 2:00 pm. Central Time Buyer: Teresa Fleming Copies of 4486 OF Rebid and all information relevant to this ITB to include addenda and/or amendments may beobtained from the State Purchasing Bureau web site at: jftl;t�Wwvv.claa,sbnte.De.us/mnaterie|/pUrohaoing/ It is the responsibility of the bidder to check this site for other pertinent information and any mandatory requirements. All information relevant bu this /TB, to include addenda and/or amendments that may 6e issued prior bn the opening date, will bw posted tothe vvmbsinm, |TB responses must baina sealed envelope that indicates the |TB Number and Opening Oe1e Sealed responses nnumtbe received inthe State Purchasing Bureau nnnr before Novernbe,G.' 2013; 2:DOp.n^. Central Time, at which time responses will be publicly opened, |T8rosponue must be sent to: State Purchasing Bureau State Purchasing Bureau 501 Centennial K*a|| 8outh, W1m|| Level OR PO Box 84847 Linco}n, NEO8508 Linco|n, NEG850S'4847 Any problems accessing the website regarding the above ITB should be e-mailed or faxed to the State Purchasing Bureau otoe.n`atehe|purohaoinq@.neboaoka.pov or4O2'471-2O8S. Sincerely, Teresa Fleming, Buyer State Purchasing Bureau Mattrieln^visiov ^ Be Bote|lho. xdmipistrator 01ICcn|an_�aIJSOUIIII ^ �_��^7 ^ U�".wd���um�m7 ` �*� n�r/a� ^ ���4na� ' —'----'— --- "wmoWi*=~^*=.,�*��*, STATE OF NEBRASKA STATE PURCHASING BUREAU SCHEDULE OF EVENTS The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however,that some dates are approximate and subject to change. ACTIVITY DATE/TIME 1 Release Invitation to Bid October 17, 2013 2 Last Day to Submit Written Questions October 24, 2013 3 State Responds to Written Questions Through an Addendum to be posted to the internet at: October 28, 2013 1,ii cua 4 Bid Opening Location: Nebraska State Office Building November 6, 2013 State Purchasing Bureau 2;00 p.rn, 301 Centennial Mall South, Mall Level Lincoln, NE 68508 Central Time WRITTEN QUESTIONS AND ANSWERS Any explanation desired by a bidder regarding the meaning or interpretation of any Invitation to Bid provision must be submitted in writing to the State Purchasing Bureau and clearly marked 4486 OF REBID; Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose, It is preferred that questions be sent via e-mail to Questions may also be sent by facsimile to 402-471-2089, but must include a cover sheet clearly indicating that the transmission is to the attention of Teresa Fleming, showing the total number of pages transmitted, and clearly marked 4486 OF REBID; Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose". Written answers will be provided through an addendum to be posted on the internet at i?3.1 r'R ,.e� . + e ,: � on or before the date shown in the Schedule of Events. Carlos Cast illo, AdminisitrativeServices Director Dave Heineman, Governor ADDENDUM ONE Date: October 28, 2013 To: Al! Bidders From: Teresa Fleming, Buyer State Purchasing Bureau RE: Addendum for Invitation to Bid 4486 OF REBID Original Opening Date and Time: November 06, 2013 at 2:00 p.m. There were no questions submitted for the above mentioned Invitation to Bid. This addendum will become part of the bid and should be acknowledged with the ITB, nitcrid nivkion goh:tito, ficiminishpto Adlormslt at ve Selviros • 301 Centennial Mall South • i'0 Box 04847 • Linton Nebraska 6gs09-4847 Thriller 402-471-6500 • f ar+ 402-471-2089 State of Nebraska - INVITATION TO BID StaterPu Chasing Bureau 301 Centennial Mall South,First Floor CONTRACT t incoin,Nebraska 68508 OR P.O.Box 94847 Date 10l17/13 Page 1 of 4 Lincoln,Ni- 68509.4847 Telephone 402.47.-2401 Fax:402-171-2089 Solicitation Number 4486 OF REBID Opening Date and Time 11/06/13 2,00 pm DESTINATION OF GOODS DEPT OF ROADS Buyer 5001 S 14TH ST PO TERESA FLEMING AS LI ) SOX 94759 NCOLN NE 68509-4759 Contract to supply and deliver Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Ga!Ion Capacity with Heated Hose to the State of Nebraska as per the attached specifications for a one(1)year period from date of award. The contract may be renewed for four(4)additional one (1)year periods when mutually agreeable to the vendor and the State of Nebraska. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the vendor and the State of Nebraska. The State may request that payment be made electronically instead of by state warrant. ACH/EFT Enrollment Form can be found at: <http://www.das.state.ne.us/accounting/forms/achenrol.pdf> The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing services within the State of Nebraska. A federal immigration verification system mean the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Responsibility Act of 1996, 8 U,S.C, 1324a, known as E-Verify Program,or an equivalent federal program designed by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The contractor, by signature to the Invitation to Bid,certifies that the contractor is not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded by any federal department or agency from participating in transactions(debarred). The contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The contractor shall immediately notify the Department if,during the term of this contract,contractor becomes debarred. The Department may immediately terminate this contract by providing contractor written notice if contractor becomes debarred during the term of this contract. If the Contractor is an individual or sole proprietorship, the following applies: 1, The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at: ‹http://das.nebraska.gov/lb403/atlestation_form.pdf> 2, If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation require to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements(SAVE)Program. 3, The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat.§4-108. The contract resulting from the Invitation to Bid shall incorporate the following documents: 1. Amendment to Contract Award with the most recent dated amendment having the highest priority: No Bid Respond:( )Remove From rslacc-loam D.R r 1 Kong Active For Class item BIDDER MUST COMPLETE THE.FOLLOWING. DISCOUNT PAYMENT TERMS: DAYS Fly signing this Invitation to Hid,the kidder agrees la the Standard Conditions end Terms of Rid Solicitation and Offer'and is committed to provide a drug free work place environment Vendor will furnish the items requested within days after receipt of order.Failure to enter Delivery Dale may cause quotation to be REJECTED. Sign Enter Contact Intomtation Below Here (Authorized Signature MANDATORY-MUST BE SIGNED IN INK) VENDOR# Contact VENDOR: �..„ Telephone Address: Facsimile .� m Email to: n State of Nebraska - INVITATION TO BID St terPurchasingBureau 301 Centennial Mall South,First Floor CONTRACT Lincoln,Nebraska 68508 OR P.O.Box 94847 Date 10/17/13 Page 2 of 4 Lincoln,NE 68509-4847 Telephone:402-471-2401 Solicitation Number Fax:402-471-2089 4486 OF REBID Opening Date and Time 11/06/13 2:00 pm DESTINATION OF GOODS DEPT OF ROADS Buyer 5001 S 14TH ST TERESA FLEMING (AS) PO BOX 94759 LINCOLN NE 68509-4759 2. Contract Award and any attached Addenda; 3. The signed Invitation to Bid form and the Contractor's bid response; 4. Amendments to ITB and any Questions and Answers; and 5. The original ITB document and any Addenda. These documents constitute the entirety of the contract. Unless otherwise specifically stated in a contract amendment, in case of any conflict between the incorporated documents,the documents shall govern in the following order of preference with number one(1)receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1)Amendment to Contract Award with the most recent dated amendment having the highest priority,2)Contract Award and any attached Addenda, 3)the signed Invitation to Bid form and the Contractor's bid response, 4)Amendments to ITB and any Questions and Answers, 5) the original ITB document and any Addenda. Any ambiguity in any provision of this contract which shall be discovered after its execution shall be resolved in accordance with the rules of contract interpretation as established in the State of Nebraska. Once Invitations to Bid are opened they become the property of the State of Nebraska and will not be returned. It is understood by the parties that in the State of Nebraska's opinion, any limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution,Article XIII, Section III and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied by the contractor's bid response. (bl 10/17/13) A response to this Solicitation is subject to, but not limited to, the included Standard Conditions and Terms. PLEASE READ CAREFULLY! IT IS THE RESPONSIBILITY OF THE BIDDER TO REFER TO STATE PURCHASING BUREAU'S WEB SITE FOR ALL INFORMATION RELEVANT TO THIS SOLICITATION TO INCLUDE ADDENDA AND/OR AMENDMENTS THAT MAY BE ISSUED PRIOR TO THE OPENING DATE. http://www.das.state.ne.us/materiel/purchasing/purchasing.html Bid Tabulations are available on the internet at http://www.das.state.ne.us/materiel/purchasing/bidtabs.htm This form is part of the specification package and must be signed and returned, along with all documents, by the opening date and time specified. Any questions regarding this solicitation must be directed to State Purchasing Bureau, to the attention of the buyer. It is preferred that questions be sent via e-mail to matpurch.dasmat@nebraska.gov. Questions may also be sent by facsimile to 402-471-2089. Refer to specification for additional information. No facsimile or email solicitation responses will be accepted. Return State of Nebraska ~ INVITATION TO BID State Bureau m1orwn""*/Mall nv*^,First pk)n ��������� u�� ����am .°~~"� " .~.^~° , O� P,o box wwwr oat* 1017/�3 pm0m �o[4 u"�* wcoo5ue�o^r T°lev^^"w�4ou-4r/'z^oi p m / mm» |Sq|icitmt)unNumber ^«�� -� �- 4480OF REBID | ~— | opm"/ng-- Dmme— and Time 1106/ 3 2�08pm DESTINATION OFGOODS ocPTwpROADS iBuyer | 5001m14r*mr TERE8AFLEN)|NGpx�> ro BOX�noo _ ' uwcoLwwssomm-4rua r �#�D[��U��� � Unit of Extended Line Description Quantity UNwawune Unit Price Price 1 HEATED RUBBERIZED ASPHALT CRAC 3.0000 GA SEALING MACHINE ' MIN 1OSGAL Wake:____ Model: Engine:EnQine ... ... _____ a DEDUCT EQUIPMENT SHOP REPAIR 3.0000 EA MANUAL' INDICATE PER UNIT COS 3 DEDUCT ENGINE SHOP REPAIR MANV 3.0000 Ex INDICATE PER UNIT COST 4 DEDUCT EQUIPMENT PART MANUAL 3.0000 EA INDICATE PER UNIT COST 5 DEDUCT ENGINE PARTS MANUAL 8.0800 E4 INDICATE PER UNIT COST O EQUIPMENT PARTS CID ROM 3.0000 EA INDICATE PER UNIT COST 7 ENGINE PARTS CDROM 3.0000 EA INDICATE PER UNIT COST 8 ONE, MINIMUM 15OO WATT 11U 3.0000 GA VOLT HEATING ELEMENT FOR OVERm g PRICE FOR ADDITIONAL HEATED 3.0000 EA HO8EYV/SLEEVE ' STANDARD CONDITIONS AND TERMS OF BID SOLICITATION AND OFFER Invitations to Bid and Contract Awards It is the responsibility of the bidder to check the website for all information relevant to this solicitation to include addenda and/or amendments issued prior to the opening date. Website address: htto://www.das.state.ne.us/materiel/purchasing/purchasing.htm SCOPE-These standard conditions and terms of bid solicitation and acceptance apply in like force to this inquiry and to any subsequent contract resulting therefrom. PRICES- Prices quoted shall be net, including transportation and delivery charges fully prepaid by the bidder, F.O.B. destination named In the Invitation to Bid. No additional charges will be allowed for packing,packages or partial delivery costs.When an arithmetic error has been made in the extended total,the unit price will govern. EXECUTION-Bids must be signed in ink by the bidder on the State of Nebraska's Invitation to Bid form.All bids must be typewritten or in ink on the State of Nebraska's invitation to Bid form.Erasures and alterations must be initialed by the bidder in ink.No telephone or voice bids will be accepted.Failure to comply with these provisions may result in the rejection of the bid. FACSIMILE DOCUMENTS-The State Purchasing Bureau will only accept facsimile responses to Invitations to Bid on bids under$25,000 and up to ten (10)pages. However,two party sealed bids containing facsimile pages are acceptable. No direct facsimile solicitation responses will be accepted for a commodity contract. VALID BID TIME-Bids shall be firm for a minimum of sixty(60)calendar days after the opening date,unless otherwise stipulated by either party in the Invitation to Bid. DISCOUNTS-Prices quoted shall be inclusive of ALL trade discounts.Cash discount terms of less than thirty(30)days will not be considered as part of the bid.Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later. PAYMENT-Payment will be made by the responsible agency in conjunction with the State of Nebraska Prompt Payment Act 81-2401 through 2408. The State may request that payment be made electronically instead of by state warrant. COLLUSIVE BIDDING-The bidder guarantees that the prices quoted have been arrived at without collusion with other eligible bidders and without effort to preclude the State of Nebraska from obtaining the lowest possible competitive price. LUMP SUM OR ALL OR NONE BIDS-The State reserves the right to purchase item-by-item, by groups or as a total when the State may benefit by so doing. Bidders may submit a bid on an"all or none"or"lump sum"basis but should also submit a bid on an item-by-item basis.The term"all or none"means a conditional bid which requires the purchase of all items on which bids are offered and bidder declines to accept award on individual items;a"lump sum"bid is one in which the bidder offers a lower price than the sum of the individual bids if all items are purchased but agrees to deliver individual items at the prices quoted. SPECIFICATIONS- Any manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for reference and not intended to limit competition,but will be used as the standard by which equivalent material offered will be judged.The State Purchasing Director will be the sole judge of equivalency.The bidder may offer any brand which meets or exceeds the specification.When a specific product is required,the Invitation to Bid will so state.Any item bid is to be the latest current model under standard production at the time of order.No used or refurbished equipment will be accepted,unless otherwise stated. ALTERNATE/EQUIVALENT BIDS-Bidder may offer bids which are at variance from the express specifications of the Invitation to Bid.The State reserves the right to consider and accept such bids if,in the judgement of the State Purchasing Director,the bid will result in goods and/or services equivalent to or better than those which would be supplied in the original bid specifications. Bidders must indicate on the Invitation to Bid the manufacturer's name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements are subject to rejection.In the absence of any stated deviation or exception,the bid will be accepted as in strict compliance with all terms, conditions and specifications,and the bidder shall be held liable therefore. SAMPLES-When requested,samples shall be furnished at the bidders expense prior to the opening of the bid,unless otherwise specified.Each sample must be labeled clearly and identify the bidders name,the Invitation to Bid number and the item number.Samples submitted must be representative of the commodities or equipment which would be delivered if awarded the bid.The State of Nebraska reserves the right to request samples even though this may not have been set forth in the Invitation to Bid.Samples not destroyed in testing will be returned at bidders expense,if requested,or will be donated to a public institution. RECYCLING-Preference will be given to items which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use as per State Statute Section 81-15,159. LATE BIDS-All bids will be time and date stamped upon receipt by the State Purchasing Bureau,and this shall be the official time and date of receipt.Bids received after the time of the bid opening will be considered late bids and will be returned to the bidder unopened.The State Purchasing Bureau is not responsible for late bids or lost requests due to mail service inadequacies,traffic or other similar reasons. BID OPENING-Openings shall be public on the date and time specified on the Invitation to Bid form. It is the bidder's responsibility to assure the bid is delivered at the designated date,time and place of the bid opening.Telephone bids are not acceptable.A bid may not be altered after opening of the bids. NO BID-If not submitting a bid,respond by returning the Invitation to Bid form explaining the reason in the space provided.Failure to respond to an Invitation to Bid may be cause for the removal of the bidder's name from the mailing list.NOTE:To qualify as a respondent,bidder must submit a"NO BID"and it must be received no later than the stated bid opening date and time, AWARD- All purchases, leases, or contracts which are based on competitive bids will be awarded to the lowest responsible bidder, determined according to the provisions of State Statute Section 81-161,R.R.S.1943.The State reserves the right to reject any or all bids,wholly or in part and to waive any deviations or errors that are not material,do not invalidate the legitimacy of the bid and do not improve the bidders competitive position.All awards will be made in a manner deemed in the best interest of the State. BID TABULATIONS-Tabulations will be furnished upon written request.A self-addressed, stamped envelope which must include the agency and solicitation number must be enclosed.Bid tabulations will not be provided by telephone or facsimile.Bid files may be examined during normal working hours by appointment. Bid tabulations are available on the website at: ptto://www.das.state.ne.us/materiel/purchasing/bidtabs.htm PERFORMANCE AND DEFAULT-The State reserves the right to require a performance bond from the successful bidder,as provided by law,without expense to the State. Otherwise, in case of default of the contractor,the State may procure the articles from other sources and hold the contractor responsible for any excess cost occasioned thereby. IN-STATE PREFERENCE-A resident bidder shall be allowed a preference against a nonresident from a state which gives or requires a preference to bidders from that state.The preference shall be equal to the preference given or required by the state of the nonresident bidders.Where the lowest responsible bid from a resident bidder is equal in all respects to one from a nonresident bidder from a state which has no preference law,the resident bidder shall be awarded the contract. NONDISCRIMINATION-The Nebraska Fair Employment Practice Act prohibits contractors of the State of Nebraska,and their subcontractors,from discriminating against any employee or applicant for employment, to be employed in the performance of such contracts, with respect to hire, tenure, terms, conditions or privileges of employment because of race,color,religion,sex,disability,or national origin.(State Statute Sections 48-1101 through 48-1125)The bidder guarantees compliance with the Nebraska Fair Employment Practice Act,and breach of this provision shall be regarded as a material breach of contract.The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this Invitation to Bid. TAXES-Purchases made by the State of Nebraska are exempt from the payment of Federal Excise Taxes,and exemption certificates will be furnished on request.State and local taxes are exempt by State Statute Section 77-2704(I)(m)R.R.S.1943 and must not be included in the bid prices.Exemption by statute precludes the furnishing of State exemption certificates. DRUG POLICY-Bidder certifies that it maintains a drug free work place environment to ensure worker safety and workplace integrity. Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State. GRIEVANCE AND PROTEST-Grievance and protest procedure is available by contacting the buyer.Protest must be filed within ten(10)days of award. NE ACCESS TECHNOLOGY STANDARDS-Vendor agrees to ensure compliance with Nebraska Access Technology Standards. See website at: http:/www.nitc.state.ne.us/standards/accessibility/ Revised: 02/2004 Page 4 of 4 STATE OFNEBRASKA STATE PURCHASING BUREAU SCHEDULE gFEVENTS The State expects to adhere to the tentative procurement schedule shown below. It should be noted, however, that some dates are approximate and subject to change. _ ACTIVITY DATE/TIME � 1 �R�|e�s� Invitation �o Bid - � October 17. 3Q13 2 Last Day__toGubmit Written Questions October 24. 3018 3 State R --'— -- -- -- ' --- ' espon�atoVYn�enWuest1onoThrouQhanAddendum to be posted to the /nd6nnat at: October 28. 2013 � . . -_ 4 /EUd [)pen' 'Location: Nebraska State Office Building Nomambor0. 2013 � State Purchasing Bureau 301 Centennial aUGouth. Mall / 2�UOPm� N1 Lincoln, NE885O8 | Central Time WRITTEN QUESTIONS AND ANSWERS Any explanation desired by a bidder regarding the meaning or interpretation of any Invitation to Bid provision must be submitted |n writing tothe State Purchasing Bureau and clearly marked 4486 OF REBID, Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose. It is preferred that questions be sent via e-mail to motpuoohdoonnat@nobraaka.quv. Questions may also be sent byfacsimile to4U2-471'2O88. but must include a cover sheet clearly indicating that the transmission is to the attention of Tenoae F|eming, showing the total number o{ pages transmitted, and clearly marked 4488 OF REBID; Heated Rubberized Asphalt Crack Sealing Manhine, Minimum 105 Gallon Capacity with Heated Hose". Written answers will be provided through an addendurn to be posted on the internet at h#p:// vwvvdam.state.ne,us/noaterie|/nurChesing/rf p,htrn onor before the date shown in the Schedule ofEvents. W15-13 STATE OF NEBRASKA DEPARTMENT OF ROADS Terms and Conditions for Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose 4486 OF REBID W15-13 SCOPE THE Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose SHALL BE THE LATEST CURRENT MODEL OF PROVEN PERFORMANCE AND UNDER STANDARD PRODUCTION BY THE MANUFACTURER AND IS TO BE OF STANDARD DESIGN, COMPLETE AS REGULARLY ADVERTISED AND MARKETED INCLUDING ALL SPECIFIED ACCESSORIES, TOOLS AND SPECIAL FEATURES. All necessary parts for satisfactory operation of the equipment shall be furnished whether or not they may be specifically mentioned below. Complete detailed specifications and advertising data sheets with cuts or photographs should be attached to the invitation to bid on the IDENTICAL equipment proposed. ANY INFORMATION NECESSARY TO SHOW COMPLIANCE WITH THESE SPECIFICATIONS, IN ADDITION TO INFORMATION GIVEN ON ADVERTISING DATA SHEETS, SHOULD BE SUPPLIED IN WRITING AND ATTACHED TO THE BID DOCUMENT. The Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose must meet or exceed the following requirements. NON-COMPLIANCE STATEMENT Read this specification carefully. Any and all exceptions to this specification must be written on or attached to invitation to bid. Non-compliance can void your bid. It is the responsibility of the Bidders to obtain information and clarifications as provided on the Schedule of Events. The State of Nebraska is not responsible for any erroneous or incomplete understandings or wrongful interpretations of this Invitation to Bid by any Bidder. PERIOD OF CONTRACT Contract to supply and deliver Heated Rubberized Asphalt Crack Sealing Machine, Minimum 105 Gallon Capacity with Heated Hose to various locations upon request per the attached specifications, terms and conditions for a one (1) year period beginning from date of contract award with the option to renew for four(4) additional one(1) year periods when mutually agreeable to the vendor and the State of Nebraska. The State reserves the right to extend the period of this contract beyond the termination date when mutually agreeable to the vendor and the State of Nebraska. AMENDMENT This Contract may be amended at any time in writing upon the agreement of both parties. RIGHTS The State of Nebraska reserves the right to waive technicalities and reject any or all bids. The State of Nebraska will be the sole judge of equivalence and any decision will be final. Contract supplier or suppliers may honor pricing and extend the contract to political sub-divisions, cities and counties. Terms and conditions of the contract must be met by political sub-divisions, cities and counties. Under no circumstances shall the State of Nebraska be contractually obligated or liable for any purchases by political sub-divisions, cities or counties. TERMINATION The Contract may be terminated at any time upon the mutual consent of the parties, or by either party, with or without cause, upon thirty(30) days written notice to the other party. Page 1 of 7 YV|f'x3 SUBSTITUTIONS The vendor will not substitute any item that has been awarded without prior approval of State Purchasing Bureau. BREACH OF CONTRACT If the Contractor breaches this Contract, the State o/ Nebraska may, at its dinomdun, terminate the contract immediately upon written notice to the Contractor, The S1oVa of Nebraska ehuU pay the Contractor only for such performance as has been properly completed and is of use bothe State ofNebraska, The State oY Nebraska may, at its discretion, contract for provision of the goods or services required to complete this Contract and hold the Contractor liable for all expenses incurred in such additional contract over and above the total cost ofperformance, This provision shall not preclude the pursuit of other remedies for breach nf contract mm allowed bylaw. ANNUAL USAGE This is an open-ended contract between the vendor and the State to furnish an undetermined quantity of Heated Rubberized Asphalt Crack Sealing Machine, Minimum 106 Gallon Capacity with Heated Hose in given period of time, Quantities stated are estimates only and shall not be construed to either be a minimum or a maximum. ORDERS/INVOICES The ordering entity will submit the/rorders directly to the contractor on an as needed basis, using their own standard purchase order form, Orders may be placed by phone, tox, mail, or Internet(if ava||ab|e) All orders must be assigned a Purchase order number, and the pu/onooe order must be referenced on the invoice- All invoices are to be sent to the address shown on the purchase order, CUSTOMER SERVICE The vendor shall list the oame, phone number and e-mail address of the customer service representative who will be assigned to service the State of Nebraska's account: Customer Service Rep: Phone Number: _ Email Address: DELIVERY Delivery is to be between 9:00A&1 and 3Q0 PM (CST), Monday through Friday(excluding State holidays and/or as otherwise directed), The Department of Roads requires 24-hOLjr advance notice of delivery to Fleet Management at(402) 479-4319 or 4323. Deliveries must ba clearly marked with the purchase order number. |f delays in delivery are anticipated, the contractor will immediately notify the buyer at the Department nf Roads o/the expected delivery date. The order may be canceled ifthe delivery date is unsatisfactory, and the State may procure item(s) from other sources and the contractor may be held responsible for anylaU excess cost. Delivery desired prior(n8O days after receipt of purchase or ecde|iveheaqucded beyond G0 days may bean award consideration. Ad the time of delivery, adns|8nated State of Nebraska e/np/oyee will sign the~inwoioe/paoking n|ip'^ This signature will only indicate that the order has been received and that the items actually delivered agree with the delivery invoice, This signature does not indicate all items were received in good condition and/or that there is not possible hidden damage. Deliveries must be clearly marked with the purchase order number. Units to be bid F.O.B. 5001 South 141h Street, Lincoln, Nebraska. ACCEPTABLE BRANDS Cim||nm CnoYcm Other brands must bedemonstrated near Lincq|n. Nebraska, have adequate references pnovided, [lave adequate service facilities in Nebraska, be field proven and be approved in writing by Fleet Management of the Department of Roads five (5)days prior to bid opening. Page 2or7 v/|5'D STATE OF NEBRASKA DEPARTMENT OF ROADS Specification �°� for r � �������^��� ��U8��K~���^�N��� �� ^���R*���� ����0��K� ������U^���� ������%�^���� Heated Rubberized^~~~~~� Asphalt Crack Sealing Machine, Minimum � ��Q� ����UU���� ����������^��� ��.��� �������^��� �������� ''''' '— ' '--''' ' ~- — Gallon^^ ~~~~n~~~~~^~� with" Heated Hose ��� ���� ���� ��������� ������ ��x u�x�u�Uu� Bidder instructions: Bidder must respond to each of the following statements, Specifications listed are minimum conditions that must hm met in order for a bidder ho qualify for the award. MEETS SPECIFICATIONS—Please indicate— (If response is No& Provide Alternative, explain on Notes/Alternative line) wo& pR0vme YES NO *LTsmvATws QUALITY: 1, Products must meet specifications and boof first quality, free ofdamage and/or defect and must be under standard production by the manufacturer and be of standard design, complete es regularly advertised and marketed and beof proven performance. A guarantee of satisfactory performance uf the product, performance of the supplier, and the supplier meeting delivery dates are all considered to be integral parts of the contract resulting from this bid invitation. 2. Failure to conform to the Specifications and Terms and Conditions constitutes a breach of this contract, and the State may reject the entire order o,any part thereof and may recover the expenses and/or damages of such breach. The State nf Nebraska may, also at its discretion, terminate the contract immediately upon written notice to the contractor and/or pay the contractor only for such performance as has been properly completed and is of use to the State and contract for provisior of the amwiuea required to complete this contract and hold the contractor liable for all expenses incurred in such additional contract over and above the total cost of performance. This provision shall not preclude the pursuit cf other remedies for breach of contract an allowable bylaw. Notes/Alternative: woa pnovoE YES NO ALTERNATIVE PRICE: Prices quoted shall be unit price (each) and shall be firm for BO days from date of an award and are to be net; including transportation and delivery charges fully prepaid by the bidder F.O.B. destination as specified on each Purchase Order or under separate cover with each order. No additional charges will be U dhor packing, handling, or partial delivery costs. Any request for an increase must be submitted in writing to the State Purchasing Bureau a minimum of 30 days prior to proposed effective date of increase, and Must show cause and heaccompanied by supporting documen(abun (ouchamnoh[ioabon |e8erfromthemanufactunor). Supporting documentation must clearly establish the increase is to all customers, not to the State nf Nebraska alone. Further documentation may bo required by the 8tote, to authenticate the increase (manufacturer invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract. The State further reserves the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State, Pogc3o[7 YVi5-l9 Nu price increases are iobe billed 0o any State Agencies without prior written approval by the State Purchasing Bureau. The State will bn given full proportionate benefit uf any decrease for the term cf the contract. moton/A|ternahve� mO& pnomos YES NO *LrsRwxr/vs 1' MELTING VAT SYSTEM A� Mixing/holding tank shall bnufduub|e boiler construction B. Minimum 1O5 gallon capacity material bank C Minimum 10gauge steel vat D. 6UtoG50 degrees Fahrenheit dial stem or digital thermometer E Full length agitator with dual blades pr auger system to break up and blend material; surrounded by minimum 12 gauge steel oil jacket F_ Hot oil expansion tank required if available from manufacturer G, The heating jacket will have a5O'5S0 degrees Fahrenheit dial stem ordigital thermometer 1 Oil filler cap and dipstick 2. Insulated by minimum 2^of fiberglass or 1~ofceramic 3, Insulated encased ina minimum 22 gauge shell H Anti-splash o,safety loading chute with minimum 252square inch opening required Notes/Alternative: wou pnowos YES NO ALTsnmArws 3. HEATING SYSTEM A� Diesel fueled by minimum 245.00O BTU burner _ B. Capable of melting rubberized asphalt at the minimum rate of about 80 gallons per hour orBOO pounds per hour after initial heat-up C Burner chamber shall have minimum 4.000 square inch heat transfer area that exhausts hm vertical stack with rain oover(n). and have heat transfer efficiency rating ufat least 04% D. Burners will be equipped with a fully automatic thermostatic oil temperature control system with o pressure regulator and gauge E, Out8m shutoff valve and a bwi|Nn, self-contained electric ignition system F, All unit controls will bema weather-tight lockable box Notes/Alternative: � *»& pnovos YES NO xLrcnwarwe 3. SEALANT AND APPLICATOR SYSTEM A, Sealant will becinco|ah*d and delivered through a hydraulically driven minimum 12(3PK8 pump OR a 5 GPM pump if"pump oodemand"system is used. 1, Pump to be external cfmaterial tank and within heated enclosure -- B. Sealant delivery hose shall allow for a 14'working radius from the rear center o{the machine 1. Continuously heated by110 volt or12 volt electrically heated hose and wand 2, Unit shall have heated enclosure to provide storage and provision for using a non-heated hose as various conditions and operations occur 3. Trigger control wand preferred, If not furnishing trigger control wand, 11;i-e 4°t7 Vv|5'|] please state what you are furnishing: 4. Rated for minimum 400degnees Fahrenheit temperature 5. Steel braided with Teflon UninQn/equkalent 8, Protected by separate hose sheath C� Pressure-regulating device will be provided to regulate pressure from applicator nozzle if not"pump on demand" system Notes/Alternative: D. Swing nnn boom foroupportnfappHcadon hose is required . w0x pnovoE YES NO ^LTsnwATws 4. ENGINE AND DRIVE A. Diesel, minimum of2O horsepower B. 12 volt electric start _ C. Battery, alternator. and nainpnoofmufOor(v) _ D. Power bannmitied through hydraulic pumps and motors in such afashion that pump and agitator can bo operated together or separately ineither forward or reverse rotation E. Hour meter connected to engine iarequired F. A minimum 25gallon diesel fuel tank for engines and burners required G. Liquid cooled engines will be protected to minimum 34 degrees below zero Fahrenheit with ethylene glycol solution K Engine cover required Notes/Alternative: mom PROVIDE YES NO aLTenw^rws 5.TRAILER UNIT _ A. Single orduo|ox|o minimum 4.500 pound nsUng, adequate suspension to meet requirement of fully loaded machine B. Steel disc wheels desired C. DOT compliant electric brake system required _ D, Tires shall bnnf adequate size and load range |n meet G\8VRoytrailer, State size and load range of tire tobeprovided: E. Tires should bmBridgestone. Goodyear, BF Goodrich, N1ichekn, Finosbone, General, Titan. or Uniroye|, and carry said brand name. If manufacturer cannot furnish above brand name tires, please specify what brand you will be furnishing: . F. Fenders and license p|oio bracket required G. Running lights conforming to federal requirements _ H. 3^towing eye with height adjustments approximately 2O'3O^from grade in about 2` increments . | Adjustable tongue jack with caster 1 Frame fabricated to adequately support the machine . _ K Safety chains with hooks and retaining ability from trailer to pulling unit are required L. Electrical connecter of 7-way ATA type from trailer to toyAng vehicle: wired Notes/Alternative: per instructions with plug (see attached drawing) . Page 5o/7 \Y|5'|3 Nn& pnowos YES NO ALTsnwAnvs G. NOISE LEVEL A. Bidder shall supply with proposal the following decibel level per SAE Standards: Under full load in operator's position with doors and windows open Under full load inbyntwnder's position ut7.6 meters from rear ofunit Notes/Alternative: ' wox pnOvos YES NO xcrsRwATwe 7. K84NUAL3 A, Operator's manual must accompany each unit delivered _ B. Equipment shop repair manual is required with each unit delivered C, Equipment parts manual is required with each unit delivered D, Engine shop repair manual is required with each unit delivered E. Engine parts manual in required with each unit delivered F All manual(s) must be furnished prior to payment and delivered to Fleet Management, Equipment Data Coordinator. Failure hz deliver all manuals that are ordered may result io non-payment oy ten percent(1O96) ofpurchase order until all manuals are delivered. Note oA\Ite rnativa: ' -- wou pnOv/oE YES NO ^LrsnwAnvs 8. K8|SCELLANEOUS .' ._. A Bidder will submit with their proposal o list of any special tools they will furnish with each machine 8 Dealer's decals, stickers or other signs shall not be affixed huunito� manufacturer's nameplates, stampings and other similar signs are acceptable C� Dealer pre-delivery service required D� Color—manufacturer's standard color, but black ie preferred. Unit will be primed prior to final coat, Notes/Alternative: woo pnomoe YES NO xLTEnw*r/vs S,VVARRANTY . . A, Manufacturer's Usual warranty shall apply and shall bein effect for atleast one (1) year from the date the equipment io placed in service by the Nebraska Department of Roads(NQOR) 1. This warranty shall cover all inspected parts detenninadto have been defective in material orworkmanship. B� Vendor shall be responsible for all repairs, to include parts and labor, during the 12 month usual warranty period C� All transportation costs to and from the nearest authorized repair facility will be the responsibility ofthe NOOR D, Authorized repair facility tobe located in Nebraska, Please list authorized |^uoch"[7 Y/!5'G repair facilities: NotenAAl tennadve: ----- --- moa p9ovme YES NO *osnw^Jmc 1O. SPECIFICATION FORM A. Successful bidder will be required 10 complete form to the fullest extent possible for each unit and must accompany each unit when delivered, _ B. Forms will be supplied by the Department of Roads to the successful bidder after contract is awarded. C. |f vendor does not properly complete form for each unit, a sum of$268.O0 per unit will be deducted from purchase order amount, Note sA\l tern ahve: . . wox pncmms YES NO xLrEnw^Tms 11.TRA|N|NG A. Successful bidder must furnish a factory-trained representative in operation maintenance for eight (8)hours nf instruction for each unit at its location within the State of Nebraska, Fleet Management will contact vendor regarding schedule. MoteoA\lte,*adve wou pnovms YES NO xLrsRmATms 12. SUBST|TUT/QN8 Vendor will not substitute any item that has been awarded without prior written approval of the State Purchasing Bureau. Notes/Alternative: wou pnovos YES NO /urenwxnvs 13. BID COMPLIANCE _ Specifications have been read and fully understood. Any exceptions have been written on the bid or attached, NoVes/A1 tern adve: END OF SPECIFICATION [igo7v[7 RECEPTCLE END VIEW SLOT GROUND / CLEARANCE (--"\ (1) TRAILER AUX/NDOR V TAIL L 12 +IGI-IFS 1 7 0 ) / LEFT TURN/STOP LIGHTS RIGHT TURN!STOP L,GHTs NDOR LOCATION FOR ELECTRIC TRAILER BRAKES 1.Wht: Ground 2. Black: Clearance/ID NiDOR 3.Yellow: Left Turn Signal/Stop Lights STANDARD TRAILER.CONNECTOR 4. Blue: Electric Trailer Brakes WRING DIAGRAM 5_Green: Right Turn Signal/Stoo Lights DATE:1e-12-2011 6 Brown:Tail Lamps 7. Red:Trailer Aux and 12 V Positive C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Public Works Department desires to purchase a heated rubberized asphalt crack sealing machine, as detailed in the attached communication, to be utilized by the Street Maintenance Division; and, WHEREAS, Logan Contractors Supply, Inc. submitted a total bid of $35,565.00 to the State of Nebraska under Contract No. 13691 OC for the purchase of a heated rubberized asphalt crack sealing machine; and, WHEREAS, the Purchasing Agent is authorized to purchase a heated rubberized asphalt crack sealing machine based on the bid submitted to the State of Nebraska under Contract 13691 OC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Logan Contractors Supply, Inc. for the purchase of a heated rubberized asphalt crack sealing machine, as detailed in the attached communication, in the total amount of $35,565.00; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2014 funding. 243214scp APPROVED AS TO FORM: ,CITY ATTORNEY DATE Councilmember Adopted Z2 2014 City lerk /v1 V// 1 Approve Mayor P,NO. / j Resolution by Res. that, as recommended by the Mayor, the Purchasing Agent be authorized to issue a Purchase Order to Logan Contractors Supply, Inc. for the purchase of a heated rubberized asphalt crack sealing machine, as detailed in the attached communication, in the total amount of $35,565.00; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2014 funding. 243214Ascp Presented to City Council APR 2 2 2014 Adopted 7- �J euoier grown City Clerk