Loading...
RES 2013-0501 - PO to Logan Contractors Supply Inc for air compressors � r � Public Works Department (<0.,,iiiir,,,,vz,.64, ,t^..ra�CS:'��' Omaha/Douglas Civic Center �t�l1 j( '�«! n 1 ti. -' 1819 Farnam Street,Suite 601 ®IM ri 07 April 16, 2013 �_ a.- , <^, " Omaha,Nebraska 68183-0601 PooR' 4��' (402)444-5220 apED FEW"- ( ;' t Fax(402)444-5248 City of Omaha i,, E - ' Robert G. Stubbe,P.E. Jim Suttle,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Bid Tabulation and a Resolution auttioriz 1a Erie Pm:Alasing Agent to issue a Purchase Order to Logan Contractors Supply, Inc. Cif tht, bird for the. purchase of three portable rotary screw air compressors to be utilized by the Street Mai.acnance Division. Vehicle Maintenance has recommended the award t(- ; o,!,in i ntiii:- ts �i ipr=:',. Inc. based on bids supplied to the State of Nebraska per Contract No. 12770 ( C. A copy of the bid documents is on file and available In inspection Frcl revview ii: the City Clerk's office. The contractor has a current Contract Compliancc Report Torun (CC::'-1) on file. As is City policy, the Human Rights and Relations Dep, rnnerl -:ill tevH.v the conttactor to ensure compliance with the Contract Compliance Ordinance. 'file Finance Department is authorized to pay the co.;t i'or his pinecase froni the S=reet and Highway Allocation Fund 12131, Pavement Maintenance r.)rgarc cation 116158, year 2013 expenditures. The Public Works Department recommends the acceptance of tho ca i'rorn Logan Contractors Supply, Inc. in the amount of $44,835.00 and raiiie,ts your : iisi' ; c:: and oro,'a! of this Resolution. Respectfully submitted, `PCCii.ell.) litD. t+:)I- (oft id ratioll: (:‘,., --?e,-'(,,,--,44—'• ... , *:/1-: "(..: /, 1/_.-: _g . Robert G. Stubbe, P.E. Date .:I:i,-c>,'s ?Ti 'e Date Public Works Director Approved as to Funding: d.p -)i -; . 14412(1 ‘ r� 2EIeriilc Date i i la;n�:!; .7 . -11, iti;u (?..e i._t it_`.Sa.i Dat Acting Finance Director i'.;�7<zi„ner-t 213113scp STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau301CentennialMallSouth,1stFloor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 1 of 3 11/20/12 Lincoln,Nebraska 68509-4847 BUSINESS UNIT BUYER Telephone:(402)471-2401 9001 MICHELLE MUSICK(AS) Fax:(402)471-2089 VENDOR NUMBER: 501812 CONTRACT NUMBER 12770 OC VENDOR ADDRESS: LOGAN CONTRACTORS SUPPLY, INC 6544 L ST OMAHA NEBRASKA 68117-1112 THE CONTRACT PERIOD IS: SEPTEMBER 01, 2012 THROUGH AUGUST 31, 2013 THIS CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION: r 4E: NO ACTION ON THE PART OF THE VENDOR NEEDS TO BE_"TAKEN AT THIS TIME. ORDERS FOR THE EQUIPMENT OR SUPPLIES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE. THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FUR_NISH,THE EQUIPMENT OR SUPPLIES SHOWN BELOW,AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR ITEMS FROM OTH)5RS SOURCES. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD 0 THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR AND THE STATkOF W,EBRASKA. Contract to supply and deliver Portable Rotary Screw Compressors a$,per the attached specifications,terms and conditions for a period of one(1)year beginning September 1,2012 thro igh Augyist131,,2013. The contract may be renewed for two(2) additional one(1)year periods when mutually agreeable to#themntr 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. ' 't I' Quantities shown are estimates only and are not to be construed to mean firm quantities. The State of Nebraska reserves the right to increase or decrease any quantities shown. , 1 Fij t The State may request that payment be mace electioniaelly instea d of by state warrant.ACH/EFT Enrollment Form can be found at: http://www das.state ng bs(arcco vnting/forms/achenrol.;pdf li z IF ik ri tf ?I The Contractor is required enst I erebylagrees tc t eia fe9era4zmmigrafiol verificatto9 system kte etermir e}the work eligibility mpl status of new eoye$physically per?orining service n th s withie State'of NebraskaA fede(aFiml tigfation yerlfication system mean the electronic verif(catiori pf the worrkiauthorization program authorized byjthp Illegal Immigratiolr Reform and Responsibility Act of11996 $Ui. C 1132.4a, known as EVerify Program; or an equivalent federal•ptogram 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 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:www.das.state.ne.us. 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 s 0:AP PER� • MATERIEL ADMINISTRATOR R43500jNISM0001 100506 Sta STATE OF NEBRASKA CONTRACT AMENDMENT 301 Purchasing Bureau South, 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box Lincoln,Nebraska 68509-4847 2 of 3 Telephone:(402)471-2491 BUSINESS UNIT BUYER Fax:(402)471-2089 9001 MICHELLE MUSICK(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev.Stat.§4-108. The parties hereby agree that the following documents are incorporated into the contract resulting from this Invitation to Bid: 1.The signed Invitation to Bid Contract document; 2.The original ITB document; 3.Any Addenda and or Amendments to include Questions and Answers; 4.Warranty documents supplied with the bid; 5.The contract award. Unless otherwise specifically stated in a contract amendment, incase of any conflict between the incorporated documents,the documents shall govern in the following order of preference with`number 1 receiving preference over all other documents and with each lower numbered document having preference over any,higher numbered document: 1)the contract award,2)ITB addenda or amendments,to include Questions and Answers,„with the latest dated amendment having the highest priority,3) the original ITB,4)the signed ITB Contract document, 5)warranty documents supplied with the bid. Any • remaininguncertaintyor ambiguity shall not be inter re� ag ar st either party because such party prepared any portion of 9 Y p o��,,, ��I the Agreement, but shall be interpreted according to the appl�cati8n of rules of interpretation of contracts generally. ;19,Cf;;;1Ci li! It is understood by the parties that in the State of Nebraska slop) ,t on,arty limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution,Article X0l 1Soction 3 and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such iatguage in documents supplied with the contractor's bid. Vendor Contact: Ken Walsh I Phone: 402-211-1077 i €s t; 1 �1 Fax: 402-597-0694 it .t i t AO, , THIS IS THE SECOND RENEWAL OF THE CONTRACT'AS AMENDED; (09/27/12 jh) t } 1 AMENDMENT ONE AS ATTACHED 0,1120/12)h) a 1 ea ciY^ { ri i i C j(r) 1 ! 1 ter+ sv 1:;k1 t 'seg € r �'.I#h,�. _<. Estimated Unit of Unit Line Description Quantity Measure Price 1 PORTABLE'RCTARY SOREW 5.0000 EA 14,945.0000 COMPRESSOR 2 EQUIPMENT SHOP REPAIR MANUAL 5.0000 EA 59.0000 3 ENGINE SHOP REPAIR MANUAL 5.0000 EA 18.0000 4 EQUIPMENT PARTS MANUAL 5.0000 EA 18.0000 5 ENGINE PARTS MANUAL 5.0000 EA 218.0000 A BUYER INITIALS R43500INISM0001 100506 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:llwww.das.state.ne.us/materiel/purchasinglpurchasing.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. 7 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 dale,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 tower 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•jidged.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 rsquired,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 accg ted;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 re"suitiii,"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 sa(isfy':Ibis'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.Samplges sulbmitted 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 gveri¶hough 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 instit,$tlont f 1 RECYCLING-Preference wilt be given to Items which are manufactured or produced:Iron recycled material or which can be readily reused or recycled after their normal use as per State Statute Section 81-15,159. 1 r 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 unopeneei The State•Purchasing Bureau Is not responsible for late bids or lost requests due to mall service inadequacies,traffic or other similar reasons. • } a BID OPENING-Openings shall be public on the date and time specified on the Invitation t 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 pads are pot acceptable.A bid may not be altered after opening of the bids. NO BiD-If not submitting a bid,respond by returring the Invitation tepid 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, E AWARD-All purchases,leases or contracts which are based on competitive grids will be awarded to the loweat`responsiOle bHdar lcietermined}according to the provisions of State Statute Section 81-161 BRR.R;BT 194$i;The State;reservea the Eight t9freJecttany or all bids wholly; inrOr parand 1ct r!sive4anyjdeVlartlons._or choirs that are not material,do not invalidate the legitimacy of the bid and do notimprove the bidders Co{ petitive position All awards will be made in a mannerdeemeclin tlje bestlnterest of the State. kt ti' rr r �i r r �•� t,R�,sc. BID TABULATIONS Tab4ilations will-be furnished upon•written hrectuest A sglf bddressed,stamped envelope which muss include the agency Ind solicitation number must be enclosed.Bid tabulations will not be provided by telephone,of facslmlle`Bid tiles May ba examined duJing nortrial workiiig hours by appointment. Bid tabulations are available on the website at: title:!/www.das.state.ne.us/materfei/ourchasind/bldtabs.httn` 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 websile at: http:/www.nitc.state.ne.us/standards/accessibility/ Revised: 02/2004 Page 3 of 3 R4sssOleISA10001100506 i . i AMENDMENT ONE Contract 12770 OC Portable Rotary Screw Compressors for the State of Nebraska Between The State of Nebraska and Logan Contractors Supply, Inc This Amendment (the "Amendment") is made by the State of Nebraska and Logan Contractors Supply, Inc, parties to Contract 12770 OC (the "Contract"), and upon mutual agreement and other valuable consideration the parties agree to and hereby amend the unit price for line 1 as follows: Line Description Estimated Unit of Unit Price Quantity Measure PORTABLE ROTARY SCREW COMPRESSOR MAKE: Sullivan Palatek 1 MODEL: D185PJD • 5 EA 14,945.00 ENGINE MAKE: John Deere MODEL:4024T This amendment will become part of the Contract. Except as set forth in this Amendment, the Contract is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Contract or any earlier amendment, the terms of this amendment will prevail. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date of execution.' both partie elow. State ofl.,e Contr tor: Lo a g n�Con act rs Supply, Inc By:, ' By: eAfr n Name:Ly e- 4-k-. Name: ep.o,,) Oc t s IA Title: de- izgi 5 Vra Title: Sc) f€s Cod rc3 Mato r Date: /2- /q7Z-- Date: //- 7- I STATE OF NEBRASKA CONTRACT AWARD State Purchasing Bureau 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box a7 Lincoln,Nebraska 68509-4847 1 of 3 11/20/12 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 9001 MICHELLE MUSICK(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC VENDOR ADDRESS: LOGAN CONTRACTORS SUPPLY, INC 6544LST OMAHA NEBRASKA 68117-1112 AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE FURNISHING OF EQUIPMENT,MATERIAL,OR SUPPLIES AS LISTED BELOW FOR THE PERIOD: SEPTEMBER 01, 2012 THROUGH AUGUST 31, 2013 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 1THE EQUIPMENT OR SUPPLIES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR ITEMS FROM OTHER SOURCES. I• .� z THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD ,C)F,(THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR AND THE STATE OF NEBRASKA. t kd. Contract to supply and deliver Portable RotaryScrew Compressors,as per the attached specifications,terms and conditions PP Y for a period of one(1)year beginning September 1,2012 throu h1 q ust:31,2013. The contract may be renewed for two(2) additional one(1)year periods when mutually agreeable.td the:ydndor and the State of Nebraska. The State reserves the right to extend theperiod of this contract beyond the termi tatio date;when mutuallyagreeable to the vendor and the State of 9 Y it n , 9 Nebraska. i Quantities shown are estimates only and are not to be construed to,i mean firm quantities. The State of Nebraska reserves the right to increase or decrease any quantities shown. ° I. The State may request that payment be,r(1ade,electronically insitead of by:state warrant.ACH/EFT Enrollment Form can be found at: http://www.das.state nevus/eccounfing%forms/aghenrol Of , E ' The Contractor is required and hereby agrreesto use a federal Immigration yeitification system to tetermine the work eligibility q �. � 'Y x i status of new emplayee�ts physically perfzormiing services within the State of f ebra l e�Ajfedef4llimmigrption verification system mean the electronic verification of the wo."rk authorization program authorized by,thetlllegal Irr)migratiotl Reform and Responsibility Act of 1996, 8 U,S C 1324a known as E Verify Program or eke*ivalentifederal program designed by the United States Department of Homeland'Sectarjty or,other:.fede"al agency-auth"o'rized to verify'the'work eligibility status of a newly hired employee. The contractor 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:www.das.state.ne.us. 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 t r .w� 6 MATERIEL ADMINISTRATOR R43500lNISC0001100423 e STATE OF N E B RAS KA CONTRACT AWARD 301 3 Centteenni aall nn en Bureau Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 2 of Lincoln,Nebraska 68509-4847 111 2 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 • 9001 MICHELLE MUSICK(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev.Stat. §4-108. The parties hereby agree that the following documents are incorporated into the contract resulting from this Invitation to Bid: 1.The signed Invitation to Bid Contract document; 2.The original ITB document; 3.Any Addenda and or Amendments to include Questions and Answers; 4.Warranty documents supplied with the bid; 5.The contract award. • Unless otherwise specifically stated in a contract amendment,incase of any conflict between the incorporated documents, the documents shall govern in the following order of preference-with number 1 receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1)the contract award,2) ITB addenda or amendments,to include Questions and Answers,with the latest dated amendment having the highest priority, 3)the original ITB, 4)the signed ITB Contract document, 5)warranty documents supplied with the bid. Any remaining uncertainty or ambiguity shall not be interpreted against either party because such party prepared any portion of the Agreement, but shall be interpreted according to the appl;cati n of rules of interpretation of contracts generally. Vt It is understood by the parties that in the State of NebraskOl*PmiciAi any limitation on the contractor's liability is unconstitutional under the Nebraska State Constitution rtic e` tll,(Section 3 and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such 9 ng gein documents supplied with the contractor's bid. rY � l Vendor Contact: Ken Walsh 1 Phone: 402-211-1077 ' Fax: 402-597-0694 ' `.: a ll THIS IS THE SECOND RENEWAL OF THE CONTRACT S A MENDED (09/27/12 jh) r b t4 '{ s ,� � , l f " rt Osti aced gg , tof Unit 3 5.a( 4y tv t it 11": r .`��-ta, 3 ;gv@ 1� x Line Descri tion a1g'' i y`Quantit 4 1M asure P i y • t ��1y ,1E Xj(3 Price 1 PORTABLE,ROTARY SC�„EW e �'4`: 50000 ii a EA xt , 14,234.0000 COMPRESSOR 2 EQUIPMENT SHOP REPAIR MANUAL 5.0000 EA 59.0000 3 ENGINE SHOP REPAIR MANUAL 5.0000 EA 18.0000 4 EQUIPMENT PARTS MANUAL 5.0000 EA 18.0000 5 ENGINE PARTS MANUAL 5.0000 EA 218.0000 BUYER INITIALS R435000N1300001100423 • 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 andlor amendments issued prior to the opening date. Website address: http://www.das.state.ne,uslmaterielipurchasingfpurchasing.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. VAUD 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 Stale 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.Ne used or refurbished equipment will be accepted,unless otherwise stated. �. ALTERNATE/EQUIVALENT BIDS-Bidder may offer bids which are al variance from"thej,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 Directort°ihe bid will result in goods and/or services equivalent to or better than those which would be supplied in the original b(d specifications.Bidders must indicate onithe 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 priior toithe 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 ite s umber Samples submitted must be representative of the commodities or equipment which would be delivered if awarded the bid.The State of Nebraska reserves tile(let 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 re lujsied,of wlll be donated to a public institution. RECYCLING-Preference will be given to items which are manufactured or prIpducgh from recycled material or which can be readily reused or recycled after their normal use as per State Statute Section 81-15,159. j {. LATE BiDS-All bids will be time and date stamped upon receipt by the State urcl1a,.sing 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 td 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. 1 f BID OPENING-Openings shall be public on the date and time specified qn 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;acceptatle A bid may not be altered after opening of the bids. NO BID-If not submitting a bid,respond by returning the Invitatoon to Bidiorm explaining the reasprt in thebspace provided.Failure to respond to an Invitation to Bid may be cause for the removal of the bidders name from the mailipg 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 lime i { t - t + t i s it AWARD- All purchases, leases Or contracts whiph:are based dii competitive bids will be awardedhto,ihellowest responsible bidder determined according to the • provisions of State Statute;Section 81 161,R,R S 1943,1The tate eserves the nght#o rejectany Cr all biers wholly or,in p rf and4i v{ai�ie any deviations or errors that are not material,do not invalidate th8 legiti'nacy of the bid and dq, of improve she bidc[ers competili#e I os�ltion Ell awards wit ba i n de5ln a"manner deemed in the best interest of the State . S y;t�l BID TABULATIONS-Tabulations will be'furbished Upon written'tegUest�A sel 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: http://www.das.state.ne,us/materiellourchasing/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 shalt 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 3 of 3 R43 OolNIsc000i 15045 STATE OF NEBRASKA CONTRACT.AWARD State Purchasing Bureau301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 • OR PAGE ORDER DATE P.O.Box94847 Lincoln,Nebraska 68509-4847 1 of 4 06/23/11 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 9001 • RITA KUCERA(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC VENDOR ADDRESS: LOGAN CONTRACTORS SUPPLY,INC 6544 L ST OMAHA NEBRASKA 68117-1112 AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE FURNISHING OF EQUIPMENT, MATERIAL,OR SUPPLIES AS LISTED BELOW FOR THE PERIOD: SEPTEMBER 01, 2011 THROUGH AUGUST 31, 2012 • 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 THE'STATE. 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. THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD..OP THIS CONTRACT BEYOND THE TERMINATION DATE WHEN MUTUALLY AGREEABLE TO THE VENDOR AND THE STATE OF NEBRASKA. Original/Bid Document 12770 OC Contract to supply and deliver Portable Rotary Screw Compressors as per the attached specifications, terms and conditions for a period of one(1)year beginning September 1, 2011 through August 31, 2012. The contract may be renewed for three (3)additional one (1)year periods when mutually agreeable to ithe 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. Contract subject to thirty(30)days cancellation by either party upon written notice. Quantities shown are estimates only and are not to be construed to meanfirm quantities. The State of Nebraska reserves the i rl9 ht to increase or decrease anyq uanfEtles shown The State may request that payment be made electronically Instead of by state warrant ACH/EFT Ehrollrent Form can be found at: httpa/www das state ne us/accounting/forms/achenrol pdf The Contractor is required`and herebyagrees to use a federal Ihimigration,verification system'todetermine the work eligibility status of new 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 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:www.das.state.ne.us. MATER MINIST TOR R43500I N ISCRIDI 10D423 Sta STATE OF N E B RAS KA CONTRACT AWARD 301 PurchasingteilBureau 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box a7 Lincoln,Nebraska 68509-4847 2 of 4 06/23/11 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 9001 RITA KUCERA(AS) CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC 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 parties hereby agree that the following documents are incorporated into the contract resulting from this Invitation to Bid: 1.The signed Invitation to Bid Contract document; 2.The original lTB document; 3.Any Addenda and or Amendments to include Questions and Answers; 4.Warranty documents supplied with the bid; 5.The contract award. Unless otherwise specifically stated in a contract amendment, in cáse of any conflict between the incorporated documents, the documents shall govern in the following order of preference ovwith'.pumber 1 receiving preference over all other documents �i �.z and with each lower numbered document having preference er;any higher numbered document: 1)the contract award,2) �y3 r.; ITB addenda or amendments,to include Questions and Answers,Alth the latest dated amendment having the highest priority, 3)the original ITB,4)the signed ITB Contract document„5}warranty documents supplied with the bid. Any remaining uncertainty or ambiguity shall not be interpreted against either party because such party prepared any portion of the Agreement,but shall be interpreted according to the$apptication:of rules of interpretation of contracts generally. 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,Articie tXI1l Section 3 and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such,laniguage in documents supplied with the contractor's bid. Vendor Contact: Ken Walsh Phone: 402-211-1077 Fax: 402-597-0694 THIS IS THE FIRST RENEWAL OF THE CONTRACT (06)22/11 jc) • Estimated F, < Unit.of �T, Unit Line Description Quantity Measure Price 1 PORTABLE ROTARY SCREW 5.0000 EA 14,234.0000 COMPRESSOR MAKE: Sullivan Palatek MODEL: D185PJD ENGINE MAKE:John Deere MODEL:4024T 2 EQUIPMENT SHOP REPAIR MANUAL 5.0000 EA 59.0000 3 ENGINE SHOP REPAIR MANUAL 5.0000 EA 18.0000 4 EQUIPMENT PARTS MANUAL 5.0000 EA 18.0000 Y< BUYER INITIALS R43500IaSCRe1 100423 • STATE OF N E B RAS KA CONTRACT AWARD State entenasing Bureau 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 Lincoln,Nebraska 68509-4847 3 of 4 06/23/11 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 9001 RITA KUCERA(AS) V CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC Estimated Unit of Unit Line Description Quantity Measure Price 5 ENGINE PARTS MANUAL 5.0000 EA 218.0000 • J n S • I I BUYER INITIALS R435OOINISCRI01 106423 • 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: jittp:llwww.das.state.ne.us/materiel/purchasinglpurchasing.htrrt 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, inforrnation 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,tk 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;lnvitation 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 prielle 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 dam 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 producg'd from recycled material or which can be readily reused or recycled after their normal 4141 use as per State Statute Section 81-15,159. LATE BIDS-All bids will be time and date stamped upon receipt by the State Pprchas ng 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 fist NOTE:To qualify as a respondent,;bidder must submltre"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 competitve,bids will be:ay✓arded to the lowe$trresponsible bidder.determined according to the provisions of State Statute..Section 81 161 R.R S 19Q .The State reserves(he right.,to reject any or•all bids wholly or in part and to Agiii:any deviations or errors that are not material,do not invalidate the legitimacy of the bid and do`not improve the bidders competitive p n�Al ositiol awards will be trade in amanner deemed in the best interest of the State BID TABULATIONS-Tabulations will be furnished upob 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: htto://www.das.state.ne.us/materiel/ourchasing/bidfabs.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.neius/standards/accessibility/ Revised: 0212004 Page 4 of 4 STATE OF NEBRASKA ,f::gMgRTZ : a6 .:.:y..., ;r =T_c3Tp 3�= e::_.-•2,�,`":y :rz-' A i ,a $- .n.e..{m -3 ' x-,- 1 °19 h a AE r4t �0 Ra1 9 g F d " - ' ^ * T 2 f - �r' , . -K r y '- w1 .s - ', 7a ; . Yb...ro „s-.�$-4_ : ---- ...`; ....t Cto z_11.t �SCOPE: It is the intent of this bid invitation to establish a contract to supply and deliver Portable Rotary Screw Compressors,to the State of Nebraska Department of Roads,in accordance with the attached specifications and contract conditions. Units shall be the latest current model in production as of the date of the invitation to bid and be of proven performance and under standard design,complete as regularly advertised and marketed and include all specified accessories,tools and special features.All necessary parts for satisfactory operation of the unit shall be furnished whether or not they may be specifically mentioned below. Used,demonstrator,prototype, or discontinued equipment Is not acceptable. Complete specifications,manufacturer's descriptive literature and/or advertising data sheets with cuts or photographs may be required prior to an award and should be included with the bid on the IDENTICAL unit proposed. Literature should be complete and the latest published.Any information necessary to show compliance with these specifications not given on the manufacturer's descriptive literature and/or advertising data sheets should be supplied in writing on or attached to the bid document. If manufacturer's specifications sheets,descriptive literature,advertising data sheets or information necessary to show compliance with these specifications is not supplied in writing on or attached to the bid document,the vendor will be required to submit requested information within three(3)business days of a written request. Failure to submit requested descriptive literature or advertising data sheets may be grounds to reject the bid. Portable Rotary Screw Compressors must meet or exceed the following requirements NON-COMPLIANCE STATEMENT: Read these specifications carefully. Any and all exceptions to these specifications must be written on or attached to quotation request. Any noncompliance may void your quotation.Non-compliance to any single specification can void your bid. _ It Is the responsibility of Bidders to obtain information and clarifications as provided below. The State of Nebraska is not responsible for any erroneous or incomplete understandings or wrongful interpretations of this Invitation to Bid by any Bidder. No interpretation related to the meaning of bid specifications or other pre-bid documents will be made orally to any Bidder by the State of Nebraska. Any request for bid interpretation must be put in writing and faxed by the Bidder to:the State Purchasing Bureau,Fax(402)471-2089 or emailed to matourch.dasmat a@nebraska.aov(Inquiries received within 48 hours of bid opening may not be addressed), TERM OF CONTRACT: This Contract is in effect for a period of one year from the date of an award, unless otherwise terminated as provided herein. Contract may be renewed for additional 1 year periods when agreeable with the State of Nebraska and the contractor. . CANCELLATION: . The contract may be terminated at any time upon the mutual consent of the parties,or by the State of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may,at its discretion,terminate the Contract immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 4 , • such performance as has been properly completed and is of use to the State of Nebraska. The State of - 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 of performance. This provision shall not preclude the pursuit of other remedies for breach of contract as allowed by law. • AMENDMENT: This Contract may be amended at any time in writing upon the agreement of both parties. • ANNUAL USAGE: This is an open-ended contract between the vendor and the State to furnish an undetermined quantity of Portable Rotary Screw Compressors in a given period of time.The estimated annual usage is listed on the Invitation to Bid (ITB)as the quantity with the attached specifications. Figures are for reference only and are not to be construed to be either a minimum or maximum. Portable Rotary Screw Compressors shall be ordered on an"as needed" basis. No minimum order requirements will be imposed on the State of Nebraska. 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. AWARD: Award of contract will be made to the lowest responsible bidder(s)in accordance with Statute 81-161. The State reserves the right to reject any or ail 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 bidder's competitive • uwtioII.HIE dWd1U'will isd 1,liaUw UI Li Itl'dilli4'I ueeuieu ill trio busL InLeiesLUi LIIC Olitlw. • 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. A"yes"response means the bidder guarantees they can meet this condition. A'no"response means the bidder can not meet this condition and will not be considered. "Other' responses should be used only with a narrative response explaining in detail • any deviation from the bidder's ability to meet the condition, and an explanation of how this would be determined to be an acceptable alternative to meeting the condition. Alternatives must be detailed in such a way that allows such deviations to be fully evaluated.The State of Nebraska shall determine at its sole • discretion whether or not the vendor's alternative is an acceptable alternative. • YES NO OTHER AUTHORIZED DEALER: • All bidders must be an authorized dealer of the manufacturer to sell the equipment proposed. Vendor may be required to substantiate that he/she is an authorized dealer. Proof,if required, must be submitted to State Purchasing within three (3)days or request. Other or Comments: • 2 • - 3 YES NO OTHER PRICE: X _ Prices quoted shall be unit price(each)and be firm for the duration of the initial one(1)year contract term 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 a notification letter from the manufacturer indicating the percentage of increase. 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(such as manufacturer invoices). Failure to supply any requested'supporling 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.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. It is understood and agreed in the event of a reduction in the manufacture's published standard price list for all or any portion of the proposed items,the State of Nebraska will be given the full benefit of such decline in price immediately. Other or Comments: YES NO OTHER QUALITY: x A. quipmern tT1uSt meet specmAcations anu oe u' first�judtily,Brie ui Uhl I 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. '}( B. Failure to conform with 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. Other or Comments: 3 • . s • YES NO OTHER WARRANTY: A. Manufacturer's usual standard warranty shall apply,and must be in effect • for a minimum of one year from the date the equipment was placed in service by the Nebraska Department of Roads. Bidder shall be responsible and fully support an entire minimum one(1)year warranty regardless of whether or not the manufacturer may cover the entire one (1)year warranty period. X B. Vendor shall be responsible for all repairs to include parts and labor during the one(1)year warranty period. �( C. All transportation costs to and from the nearest authorized repair facility will be the responsibility of Nebraska Department of Roads. D. Warranties may be required prior to an award. Please include manufacturer's usual warranty for each item bid with the bid documents. If warranties are not included with the bid,the vendor will be required to submit requested warranties within 3 business days of a written request. Failure to submit requested warranties may be grounds to reject the bid. )( 4. Prior to the awarding of,or entering into any agreement or contract, it shall be the responsibility of the manufacturer and/or the successful bidder to ;. warrant to the State of Nebraska,in writing,that it has factory authorized dealers in the State of Nebraska who will provide warranty/service and repair work without undue delay. Please list dealer or service locations: c.05-14N .,,l--ar rS Stepp Uy f (05 4 `4 G,'' STl`e.ci Omaht, N ( gt l7 Other or Comments: YES NO OTHER DEMONSTRATION: A_ The State may require a demonstration of the equipment being considered. Bidder's will be required to provide a demonstration,at a location within the State of Nebraska,within ten(10)days of a written request by the State. B. The bidder will demonstrate such features,attachments and accessories as are called for in these specification to the satisfaction of the State. C. Failure to conduct a demonstration upon the State's written request and/or demonstrations that do not meet specifications may be grounds to reject the bid. Other or Comments: YES NO OTHER ORDERS: Orders will be placed either by, phone,fax,e-mail or Internet(if available and not to the exclusion of the other methods). All orders must reference a purchase order number and the purchase order number must be referenced on the packing slip, and invoice. Invoices are to be sent to the"Invoice to" address on the purchase order. 4 s I • • Other or Comments: YES NO OTHER INVOICES: X _ An itemized invoice including the ordering agency name and individual, purchase order number, product description, unit cost, extension and total. charges will be mailed to the bill to address on the purchase order. Discrepancies on invoices will be corrected to the State's satisfaction within fifteen(15)days. Other or Comments: YES -NO OTHER • .DELIVERIES: • • A. Deliveries shall be within 90 calendar days after receipt of purchase order, FOB Destination to the"SHIP TO"address as referenced on each PO, or as otherwise directed;deliveries quoted beyond 60 days may be an award consideration. B. Units ordered by the Nebraska Department of Roads must be delivered FOB Destination to the Nebraska Department of Road's Operations Division,5001 South 14" Street, Lincoln, NE 68512 between the hours of 9:00AM and 3:00 P.M., Monday through Friday(excluding State holidays and for as otherwise directed). Vendor must notify Fleet Management a minimum of 24 hours prior to delivery on workday basis at (402)479-4319 or 4323. C. All other deliveries must be FOB Destination,to the"Ship To"address on the Purchase Order, or as otherwise directed. Deliveries must be clearly morrrar{‘Ailfb tha nrrtc.r r,'trnhar D. If delays in delivery are anticipated,the contractor will immediately notify the ordering agency and the Buyer in State Purchasing Bureau of the expected delivery date. The order may be canceled 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. Other or Comments: YES NO OTHER SPECIFICATION FORM: A. Successful bidder will be required to complete a State Specification Form to the fullest extent possible for each unit delivered. Forms must accompany each unit when delivered. X B. Forms will be supplied by Department of Roads to successful bidder after the purchase order is awarded. X C. If vendor does not properly complete form for each unit,a sum of$250.00 per unit will be deducted from purchase order amount. Other or Comments: 5 n• YES NO OTHER MANUALS: A. One complete.set of Operation Manuals shall be supplied,if ordered, at the time of delivery of each unit. .1{ B. One complete set of Equipment Shop Repair Manuals shall be supplied,if ordered,at the time of delivery of each unit. \( C. One complete set of Engine Shop Repair Manuals shall be supplied,if ordered, at the time of delivery of each unit. D. One complete set of Equipment Parts Manuals shall be supplied,if ordered,at the time of delivery of each unit. . �C E. One complete set of Engine Parts Manuals shall be supplied,if ordered,at the time of delivery of each unit. F- One complete set of Equipment CD-Rom's shall be supplied, if ordered, at the time of delivery of each unit. G. One complete set of Engine CD-Rom's shall be supplied, if ordered,at the time of delivery of each unit H. All manuals ordered must be furnished prior to payment. Failure to deliver • all manuals ordered may result in non-payment of 10%of purchase order total until manuals are delivered. Other or Comments: YES NO OTHER USAGE REPORT: • A usage report may be required to be submitted to the State Purchasing Bureau sixty(60)days prior to the end of the contract year,and or at any time during the term of the contract within 10 days atter a written request. i ne - report is to contain,at a minimum,item description,annual usage per contract • item,average order quantity, per ordering agency. Additional information may • be deemed necessary and will be conveyed to the contractor. Other or Comments: • ,i • } 6 • MATERIAL SPECIFICATIONS Portable Rotary Screw Compressors YES NO OTHER 1. COMPRESSOR: X A. Rotary Screw Type. X _ B. Capable of delivering a continuous minimum of at least 185 cubic feet of free air per minute at 100 PSI. C. Pressure range psig 80 to 125. A D. Automatic pressure regulating device which can be set manually for various pressures and unload starting system required. 7( E. All containers shall be A.S.M.E. approved for 100-psi working pressure. X F. All necessary safety valves,piping and fitting shall be included. X G. An adequate air pressure gauge and automatic blow down valve shall be furnished. Other or Comments: t YES NO OTHER 2. RECEIVER: -( A. Receiver and oil separator must meet A.S.M.E. requirements. }( B. Air storage volume of about one cubic foot required. X C. Must provide adequate safety relief valve. ' Other or Comments: • YES NO OTHER 3. CONTROLS: A. A complete cover with removable,sliding or hinged access panels shall be supplied for weather protection. 1 B. Instrumentation to include hourmeter and fuel level gauge. }C (L t i+) 1. Voltmeter or ammeterto.be furnished. x 2. Discharge pressure gauge,airfoil separator gauge,and air filter Indicator to be furnished. }< 3. Unit shall have an engine oil pressure gauge and engine water temperature gauge. —1C C. Automatic blow down valve and minimum pressure valve are required. Other or Comments: . i • 7 • • YES NO OTHER 4. ENGINE: A. Diesel powered,four or six cylinder. • . B. Full flow throwaway type oil filter. -_X_ C. Air cleaner with pre-cleaner or dual stage air filter without pre-cleaner to be furnished. D. Cold starting aid with cartridge,glow plugs or equivalent required. X E. A fin-tube type radiator to be furnished. X _ F. Ethylene glycol base antifreeze protection to minimum 34 degrees below Fahrenheit required in cooling system. G. Electrical system shall be 12 volt. 1. Starting will be either push button, key start or three position switch. 2. Heavy-duty alternator to be furnished. Please specify amps: 70 3. Minimum 600 Cold Cranking Amp Battery. X H. Engine and compressor to be direct coupled. .?( I. Engine speed regulator that matches compressor air demand is required. _ _ J. Engine shall be equipped with high temperature, low oil pressure shut down system. Other or Comments: YES NO OTHER 5. TIRES AND SUSPENSION: • A. Main wheels shall be fitted with minimum P215175R15,tubeless steel belted radial,highway tread type. 1. Tires shall be BF Goodrich,Goodyear, Bridgestone, General, • Firestone,Michelin or Uniroyal and shall carry said company • name. If these tires are unavailable from the vendor,please • specify what is to be provided: • B. Leaf spring suspension or torsion bar suspension is required. Other or Comments: • • YES NO OTHER 6. HITCH: A. A heavy duty,towing eye and rubber tired,swivel type tongue wheel will be furnished. B. Two safety tow chains with hooks and retaining devices that extend a minimum of 12 inches past hitch required. • • C. Adjustable height hitch required. Other or Comments: 8 YES NO OTHER 7. HOSES: A. Two 50-foot lengths of 3/4 inch,two-ply,oil and abrasion resistant air hoses fitted with Universal Air King couplings or equivalent must be furnished with each unit delivered. B. The hoses shall be rated at 300 PSI. Other or Comments: YES NO OTHER 8. NOISE LEVEL: A. Please specify the following decibel levels per SAE Standards. NiC 1. Under full load in operator's position: '�4, A64- �C 2. Under full load in bystander's position at 7.5 meters from rear of unit: `7(0 Ah ct Other or Comments: YES NO OTHER 9. GENERAL: A. Fenders or equivalent, rear bumper and electric brakes must be furnished. B. Lights with 7-way ATA connector to meet Federal requirements must be furnished. (See attached drawing) C. Lifting bail to be furnished if available from manufacturer. Other or Comments: • YES NO OTHER 10. MISCELLANEOUS: A. The bidder's will submit with their proposal a list of any special tools they will furnish with each machine. B. Dealer's decals,stickers or other signs shall not be affixed to units; manufacturer's nameplates,stampings and other similar signs are acceptable. C. Dealer pre-delivery service required. _ D. Qolor—Manufacturer's standard Highway Safety Yellow. Unit will be primed prior to final coat. Other or Comments: YES NO OTHER SUBSTITUTIONS: Vendor will not substitute any item that has been awarded without prior written approval of the State Purchasing Bureau or by a representative of the Nebraska Department of Roads. Other or Comments: 9 4 • 5 YES NO OTHER BID COMPLIANCE: Specifications have been read and fully understood. Any exceptions have been written on the bid or attached. Other or Comments: 3 .!t • 3 10 • STATE OF N E B RAS KA CONTRACT AWARD State Purchasing Bureau 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 1 of Lincoln,Nebraska 68509-4847 08/ 0 Telephone:(402)471-2401 BUSINESS UNIT BUYER Fax:(402)471-2089 9000 RITA KUCERA CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC VENDOR ADDRESS: LOGAN CONTRACTORS SUPPLY,INC 6544 L ST OMAHA NEBRASKA 68117-1112 AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE FURNISHING OF EQUIPMENT, MATERIAL,OR SUPPLIES AS LISTED BELOW FOR THE PERIOD: AUGUST 18, 2010 THROUGH AUGUST 31, 2011 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 THE:4STATE. 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 OTHERSOURCES. 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. • Original/Bid Document 3366 OF Contract to supply and deliver Portable Rotary Screw Compressors as per the attached specifications,terms and conditions for a period of one(1)year beginning August 18,2010 through August 31,2011. The contract may be renewed for four(4) additional one(1)year periods when mutually agreeable tothe;vendor and the State of Nebraska. The State reserves the right to extend the period of this contract beyond the termir atiOnl date when mutually agreeable to the vendor and the State of Nebraska. Contract subject to thirty(30)days cancellation by either party upon written notice. Quantities shown are estimates onlyand are not to be construed to mean.firm quantities. The State of Nebraska reserves the right to increase or decrease any"quantities.shown The State may request thaf payment be made electronically Instead of by;state Warrant ACH/EFT Enrollment Form can be found at: http://www.das state ne us/accounting/forrns/achenrol pdf4 The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new 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. 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:www.das.state.ne.us. 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 aQfpB ATERIEL ADMINISTRATOR • A435DDINI SC0001 1,%14 43 STATE OF N EB RAS KA CONTRACT AWARD State Purchasing Bureau 301 Centennial Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 2 of 4 Lincoln,Nebraska 68509-4847 BUSINESS UNIT BUYER Fa 2)471-2401 Faxx::(402)40 471-2089 9000 RITA KUCERA CONTRACT NUMBER VENDOR NUMBER: 501812 12770 OC disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev.Stat.§4-108. The parties hereby agree that the following documents are incorporated into the contract resulting from this Invitation to Bid: 1.The signed Invitation to Bid Contract document; 2.The original ITB document; • 3.Any Addenda and or Amendments to include Questions and Answers; 4.Warranty documents supplied with the bid; 5.The contract award. Unless otherwise specifically stated in a contract amendment, incase of any conflict between the incorporated documents, the documents shall govern in the following order of preference'-with number 1 receiving preference over all other documents and with each lower numbered document having preference(nver..any higher numbered document: 1)the contract award,2) ITB addenda or amendments,to include Questions and Answ4„i)Vith the latest dated amendment having the highest priority, • 3)the original ITB,4)the signed ITB Contract document,5)warranty documents supplied with tho bid f Any remaining uncertainty or ambiguity shall not be interpreted against either party because such party prepared any portion of the Agreement,but shall be interpreted according to the apphaation,of rules of interpretation of contracts generally. 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 X111,Section 3 and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such)ari cage in documents supplied with the contractor's bid. Vendor Contact: Ken Walsh 1 Phone: 402-211-1077 • I._..1` Fax: 402-597-0694 (ta 08/17/10) Estimated 'Uni.of>A Unit Line Description a Quantity ` Measure- - Price 1 PORTABLE ROTARY SCREW "' ` 5.0000 EA 14,234.0000 COMPRESSOR MAKE:Sullivan Palatek MODEL: D185PJD ENGINE MAKE:John Deere • MODEL:4024T 2 EQUIPMENT SHOP REPAIR MANUAL 5.0000 EA 59.0000 3 ENGINE SHOP REPAIR MANUAL 5.0000 EA 18.0000 4 EQUIPMENT PARTS MANUAL 5.0000 EA 18.0000 UY INl IALS f4.1350(41*(xGi,1100423 State Purchasing Bureau STATE OF NEBRASKA CONTRACT AWARD 301 CentennIal Mall South,1st Floor Lincoln,Nebraska 68508 OR PAGE ORDER DATE P.O.Box 94847 /10 3 of 4 08/1 DATE Lincoln,Nebraska 68509-4847 ephone: BUSINESS UNIT BUYER Fax:(402)471-2089{402)471-2401 9000 RITA KUCERA Tel VENDOR NUMBER: 501812 CONTRACT NUMBER 12770 OC Estimated Unit of Unit Line Description Quantity Measure Price 5 ENGINE PARTS MANUAL 5.0000 EA 218.0000 • • • • • • } tr' • BUYER ALS • R4350('NIS000011.00423 • • 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:/lwww.das.state.ne.us/materiel/purchasing/purchasina.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 tho 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_materjal 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. o N used or refurbished equipment will be accepted,unless otherwise stated. ALTERNATE/EQUIVALENT BIDS-Bidder may offer bids which are at variance fro %thelexpress 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 Drrgefor,the.Laid 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,ttje*jfellion to Bid the manufacturer's name, number and shall submit with their bid, sketches, descriptive literature and/or complete specifications. Reference tolttitgatkrel,kUbmitied 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 aril statededeviatrgn 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. �r ' SAMPLES-When requested,samples shall be furnished at the bidders expense pnarto tote 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;;itarjilridnitea0 Samples submitted must be representative of the commodities or equipment which would be delivered if awarded the bid.The State of Nebraska reserves thq rigght 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 reguesie'.d',or will be donated to a public institution. RECYCLING-Preference will be given to items which are manufactured or prgducgd from recycled material or which can be readily reused or recycled after their normal •use as per State Statute Section 81-15,159, r 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 retumedito the t idder unopened.The State Purchasing Bureau is not responsible for late bids or lost requests duo to mail service inadequacies,traffic or other similar reasons. ( I ! BID OPENING-Openings shall be public on the date and time specified an'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 openingeTeiephorie bids.are not"a.eeepteble.A bid tnay,net be altered after opening of the bids. NO BID-If not submitting a bid,respond by re1umrng1the,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 ? m the mailing list NOTE To quality as a:respondent,tiidder must submit a"NO BID"and it must be received no later than the stated bid opening:date and Uma AWARD-All purchases leases,or contrasts;which:are bated tits eompetil1 a aids wi[I be awarded t$ ttie lowest respbnslble bidder„determined according to the provisions of State Statute.Section 81161 R R.S 1943.The State"rese rves the nght to rejegt-any or all bids wholly or ire`pattOnct£to watveany deviations or errors that are not material,do notAValicfWeeleitlihaeY00b.1060,05rtot improve the bidders competitive positio4n Alt awards will berudeIn'a manner deemed in the best interest of the State _. .. S - 3y_.•n_r.. BID TABULATIONS-Tabulations'Willl be furnished upon writtenetequest A.self aidressed,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: htteehvww.das.state.ne.us/materie[purchasincebidtabs,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 anytime 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: httpewww.nitcstalehe.us/standards/accessibility/ Revised: 02/2004 • Page 4 of 4 R4J50r1"A1DX,3++00416 STATE OF NEBRASKA sN 5 _ 1Fe 4+% ,, A 4.ft E , $ s a SCOPE: It is the intent of this bid invitation to establish a contract to supply and deliver Portable Rotary Screw Compressors,to the State of Nebraska Department of Roads, in accordance with the attached specifications and contract conditions. Units shall be the latest current model in production as of the date of the invitation to bid and be of proven performance and under standard design, complete as regularly advertised and marketed and include all specified accessories,tools and special features. All necessary parts for satisfactory operation of the unit shall be furnished whether or not they may be specifically mentioned below. Used, demonstrator, prototype, or discontinued equipment is not acceptable. Complete specifications, manufacturer's descriptive literature and/or advertising data sheets with cuts or photographs may be required prior to an award and should be included with the bid on the IDENTICAL unit proposed. Literature should be complete and the latest published. Any information necessary to show compliance with these specifications not given on the manufacturer's descriptive literature and/or advertising data sheets should be supplied in writing on or attached to the bid document. If manufacturer's specifications sheets, descriptive literature, advertising data sheets or information necessary to show compliance with these specifications is not supplied in writing on or attached to the bid document, the vendor will be required to submit requested information within three (3) business days of a written request. Failure to submit requested descriptive literature or advertising data sheets may be grounds to reject the bid. Portable Rotary Screw Compressors must meet or exceed the following requirements NON-COMPLIANCE STATEMENT: Read these specifications carefully. Any and all exceptions to these specifications must be written on or attached to quotation request. Any noncompliance may void your quotation. Non-compliance to any single specification can void your bid. It is the responsibility of Bidders to obtain information and clarifications as provided below. The State of Nebraska is not responsible for any erroneous or incomplete understandings or wrongful interpretations of this Invitation to Bid by any Bidder. No interpretation related to the meaning of bid specifications or other pre-bid documents will be made orally to any Bidder by the State of Nebraska. Any request for bid interpretation must be put in writing and faxed by the Bidder to: the State Purchasing Bureau, Fax(402)471-2089 or e-mailed to matpurch.dasmatAnebraska.gov(inquiries received within 48 hours of bid opening may not be addressed). TERM OF CONTRACT: This Contract is in effect for a period of one year from the date of an award, unless otherwise terminated as provided herein. Contract may be renewed for additional 1 year periods when agreeable with the State of Nebraska and the contractor. CANCELLATION: The contract may be terminated at any time upon the mutual consent of the parties,or by the State of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion, terminate the Contract immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 • such performance as has been properly completed and is of use to the State of Nebraska. The State of 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 of performance. This provision shall not preclude the pursuit of other remedies for breach of contract as allowed by law. AMENDMENT: This Contract may be amended at any time in writing upon the agreement of both parties. ANNUAL USAGE: This is an open-ended contract between the vendor and the State to furnish an undetermined quantity of Portable Rotary Screw Compressors in a given period of time.The estimated annual usage is listed on the Invitation to Bid (ITB)as the quantity with the attached specifications. Figures are for reference only and are not to be construed to be either a minimum or maximum. Portable Rotary Screw Compressors shall be ordered on an "as needed" basis. No minimum order requirements will be imposed on the State of Nebraska. 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. AWARD: Award of contract will be made to the lowest responsible bidder(s) in accordance with Statute 81-161. 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 bidder's competitive �.J(J51UVIl.t1�! dWdIUS Wlli Lie II Ica0a Ill a Iriai If el ue uieu u Lire UeSL 'rawest of Lila otdte. _. 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. A"yes" response means the bidder guarantees they can meet this condition. A"no"response means the bidder can not meet this condition and will not be considered. "Other" responses should be used only with a narrative response explaining in detail any deviation from the bidder's ability to meet the condition,and an explanation of how this would be determined to be an acceptable alternative to meeting the condition. Alternatives must be detailed in such a way that allows such deviations to be fully evaluated. The State of Nebraska shall determine at its sole discretion whether or not the vendor's alternative is an acceptable alternative. YES NO OTHER AUTHORIZED DEALER: X All bidders must be an authorized dealer of the manufacturer to sell the equipment proposed. Vendor may be required to substantiate that he/she is an authorized dealer. Proof, if required, must be submitted to State Purchasing within three(3)days or request. Other or Comments: 2 • YES NO OTHER PRICE: X Prices quoted shall be unit price (each) and be firm for the duration of the initial one (1)year contract term 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 a notification letter from the manufacturer indicating the percentage of increase. 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 (such as 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. 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. It is understood and agreed in the event of a reduction in the manufacture's published standard price list for all or any portion of the proposed items,the State of Nebraska will be given the full benefit of such decline in price immediately. Other or Comments: YES NO OTHER QUALITY: J . cquiprnent must meet specmcauons anu oe uI urSL quaiuy, ii a ui ua Ilayc 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. B. Failure to conform with 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. Other or Comments: 3 YES NO OTHER WARRANTY: A. Manufacturer's usual standard warranty shall apply, and must be in effect for a minimum of one year from the date the equipment was placed in service by the Nebraska Department of Roads. Bidder shall be responsible and fully support an entire minimum one (1)year warranty regardless of whether or not the manufacturer may cover the entire one (1)year warranty period. X B. Vendor shall be responsible for all repairs to include parts and labor during the one (1)year warranty period. C. All transportation costs to and from the nearest authorized repair facility will be the responsibility of Nebraska Department of Roads. D. Warranties may be required prior to an award. Please include manufacturer's usual warranty for each item bid with the bid documents. If warranties are not included with the bid, the vendor will be required to submit requested warranties within 3 business days of a written request. Failure to submit requested warranties may be grounds to reject the bid. ^� 4. Prior to the awarding of, or entering into any agreement or contract, it shall be the responsibility of the manufacturer and/or the successful bidder to warrant to the State of Nebraska, in writing, that it has factory authorized dealers in the State of Nebraska who will provide warranty/service and repair work without undue delay. Please list dealer or service locations: • L_OG14.1,0 C0,0* &c or.s stpp c y (5.44 j,'l ' rr-ee+ 0.4v1cxka, A 6- (c9tl7 Other or Comments: YES NO OTHER DEMONSTRATION: A_ The State may require a demonstration of the equipment being considered. Bidder's will be required to provide a demonstration, at a location within the State of Nebraska,within ten (10)days of a written request by the State. B. The bidder will demonstrate such features, attachments and accessories as are called for in these specification to the satisfaction of the State. C. Failure to conduct a demonstration upon the State's written request and/or demonstrations that do not meet specifications may be grounds to reject the bid. Other or Comments: YES NO OTHER ORDERS: Orders will be placed either by, phone, fax,e-mail or Internet(if available and not to the exclusion of the other methods). All orders must reference a purchase order number and the purchase order number must be referenced on the packing slip, and invoice. Invoices are to be sent to the"Invoice to" address on the purchase order. 4 • • Other or Comments: YES NO OTHER INVOICES: X An itemized invoice including the ordering agency name and individual, purchase order number, product description, unit cost, extension and total. charges will be mailed to the bill to address on the purchase order. Discrepancies on invoices will be corrected to the State's satisfaction within fifteen (15)days. Other or Comments: YES 'NO OTHER .DELIVERIES: _ _ A. Deliveries shall be within 90 calendar days after receipt of purchase order, FOB Destination to the"SHIP TO" address as referenced on each PO, or as otherwise directed; deliveries quoted beyond 60 days may be an award consideration. _-X_ B. Units ordered by the Nebraska Department of Roads must be delivered FOB Destination to the Nebraska Department of Road's Operations Division, 5001 South 14th Street, Lincoln, NE 68512 between the hours of 9:00AM and 3:00 P.M., Monday through Friday(excluding State holidays and/or as otherwise directed). Vendor must notify Fleet Management a minimum of 24 hours prior to delivery on workday basis at • (402)479-4319 or 4323. C. All other deliveries must be FOB Destination, to the "Ship To" address on the Purchase Order, or as otherwise directed. Deliveries must be clearly m�r4ar1 Seri}h+ha no irr•haca nrriar r,imhar X D. If delays in delivery are anticipated, the contractor will immediately notify the ordering agency and the Buyer in State Purchasing Bureau of the expected delivery date. The order may be canceled 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. Other or Comments: YES NO OTHER SPECIFICATION FORM: A. Successful bidder will be required to complete a State Specification Form to the fullest extent possible for each unit delivered. Forms must accompany each unit when delivered. B. Forms will be supplied by Department of Roads to successful bidder after the purchase order is awarded. _ C. If vendor does not properly complete form for each unit, a sum of$250.00 per unit will be deducted from purchase order amount. Other or Comments: 5 YES NO OTHER MANUALS: A. One complete set of Operation Manuals shall be supplied, if ordered, at the time of delivery of each unit. B. One complete set of Equipment Shop Repair Manuals shall be supplied, if ordered, at the time of delivery of each unit. C. One complete set of Engine Shop Repair Manuals shall be supplied, if ordered, at the time of delivery of each unit. D. One complete set of Equipment Parts Manuals shall be supplied, if ordered, at the time of delivery of each unit. . E. One complete set of Engine Parts Manuals shall be supplied, if ordered, at the time of delivery of each unit. 4:1 F. One complete set of Equipment CD-Rom's shall be supplied, if ordered, at • the time of delivery of each unit. /1414' G. One complete set of Engine CD-Rom's shall be supplied, if ordered, at the time of delivery of each unit H. All manuals ordered must be furnished prior to payment. Failure to deliver • all manuals ordered may result in non-payment of 10%of purchase order. total until manuals are delivered. Other or Comments: • YES NO OTHER USAGE REPORT: 7( A usage report may be required to be submitted to the State Purchasing Bureau sixty(60)days prior to the end of the contract year, and or at any time during the term of the contract within 1 U days after a written request. i ne report is to contain, at a minimum, item description, annual usage per contract item, average order quantity, per ordering agency. Additional information may be deemed necessary and will be conveyed to the contractor. Other or Comments: • MATERIAL SPECIFICATIONS Portable Rotary Screw Compressors YES NO OTHER 1. COMPRESSOR: X _ A. Rotary Screw Type. ?( _ B. Capable of delivering a continuous minimum of at least 185 cubic feet of free air per minute at 100 PSI. )C C. Pressure range psig 80 to 125. �( D. Automatic pressure regulating device which can be set manually for various pressures and unload starting system required. 'X E. All containers shall be A.S.M.E. approved for 100-psi working pressure. F. All necessary safety valves, piping and fitting shall be included. G. An adequate air pressure gauge and automatic blow down valve shall be furnished. Other or Comments: YES NO OTHER 2. RECEIVER: A. Receiver and oil separator must meet A.S.M.E. requirements. B. Air storage volume of about one cubic foot required. C. Must provide adequate safety relief valve. • Other or Comments: YES NO OTHER 3. CONTROLS: A. A complete cover with removable, sliding or hinged access panels shall be supplied for weather protection. B. instrumentation to include hourmeter and fuel level gauge. (Ligirt-) 1. Voltmeter or ammeter to be furnished. 2. Discharge pressure gauge, air/oil separator gauge, and air filter indicator to be furnished. X 3. Unit shall have an engine oil pressure gauge and engine water temperature gauge. C. Automatic blow down valve and minimum pressure valve are required. Other or Comments: 7 YES NO OTHER 4. ENGINE: __ _ A. Diesel powered,four or six cylinder. B. Full flow throwaway type oil filter. X C. Air cleaner with pre-cleaner or dual stage air filter without pre-cleaner to be furnished. ?C D. Cold starting aid with cartridge, glow plugs or equivalent required. X E. A fin-tube type radiator to be furnished. X F. Ethylene glycol base antifreeze protection to minimum 34 degrees below Fahrenheit required in cooling system. )C G. Electrical system shall be 12 volt. --�� 1. Starting will be either push button, key start or three position switch. 2. Heavy-duty alternator to be furnished. Please specify amps: -7C> 3. Minimum 600 Cold Cranking Amp Battery. H. Engine and compressor to be direct coupled. I. Engine speed regulator that matches compressor air demand is required. J. Engine shall be equipped with high temperature, low oil pressure shut down system. Other or Comments: YES NO OTHER 5. TIRES AND SUSPENSION: A. Main wheels shall be fitted with minimum P215/75R15,tubeless steel belted radial, highway tread type. 1. Tires shall be BF Goodrich, Goodyear, Bridgestone, General, Firestone, Michelin or Uniroyal and shall carry said company name. If these tires are unavailable from the vendor, please specify what is to be provided: }� B. Leaf spring suspension or torsion bar suspension is required. Other or Comments: YES NO OTHER 6. HITCH: A. A heavy duty,towing eye and rubber tired, swivel type tongue wheel will be furnished. B. Two safety tow chains with hooks and retaining devices that extend a minimum of 12 inches past hitch required. C. Adjustable height hitch required. Other or Comments: 8 • YES NO OTHER 7. HOSES: __ _ A. Two 50-foot lengths of 3/4 inch, two-ply, oil and abrasion resistant air hoses fitted with Universal Air King couplings or equivalent must be furnished with each unit delivered. B. The hoses shall be rated at 300 PSI. Other or Comments: YES NO OTHER 8. NOISE LEVEL: A. Please specify the following decibel levels per SAE Standards. 'se 1. Under full load in operator's position: 7(p ALa- X 2. Under full load in bystander's position at 7.5 meters from rear of unit: `7(a d c1 • Other or Comments: YES NO OTHER 9. GENERAL: A. Fenders or equivalent, rear bumper and electric brakes must be furnished. B. Lights with 7-way ATA connector to meet Federal requirements must be furnished. (See attached drawing) C. Lifting bail to be furnished if available from manufacturer. Other or Comments: YES NO OTHER 10, MISCELLANEOUS: A. The bidder's will submit with their proposal a list of any special tools they will furnish with each machine. B. Dealer's decals, stickers or other signs shall not be affixed to units; manufacturer's nameplates, stampings and other similar signs are acceptable. C. Dealer pre-delivery service required. D. Color—Manufacturer's standard Highway Safety Yellow. Unit will be primed prior to final coat. Other or Comments: YES NO OTHER SUBSTITUTIONS: Vendor will not substitute any item that has been awarded without prior written approval of the State Purchasing Bureau or by a representative of the Nebraska Department of Roads. • Other or Comments: 9 YES NO OTHER BID COMPLIANCE: _ ZC� Specifications have been read and fully understood. Any exceptions have been written on the bid or attached. Other or Comments: 10 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 three portable rotary screw air compressors to be utilized by the Street Maintenance Division; and, WHEREAS, Logan Contractors Supply, Inc. submitted a bid of$44,835.00, to the State of Nebraska under Contract No. 12770 OC for the above referenced compressors; and, WHEREAS, the Purchasing Agent is authorized to purchase three portable rotary screw air compressors to be utilized by the Street Maintenance Division based on a bid submitted to the State of Nebraska. 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 three portable rotary screw air compressors in the amount of$44,835.00 to be utilized by the Street Maintenance Division; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2013 expenditures. 213213scp APPROVED AS TO FORM: z l '``.2--r? AcITY ATTORNEY DATE By.... ... ... .. .� C cilmember R Adopted 1 6 2013 -0 ,,e: C ty Clerk y�7/3 Approved.../ f Mayor /a NO. 27f 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 three portable rotary screw air compressors in the amount of $44,835.00 to be utilized by the Street Maintenance Division; and, that the Finance Department is authorized to pay this cost from the Street and Highway Allocation Fund 12131, Pavement Maintenance Organization 116158, year 2013 expenditures. 213213Ascp Presented to City Council APR 1 6 2013 Adopted 6 0 gutter grown City Clerk