Attachment_D_-_Administrative_Specification_59222-044-211A.docx

Attachment D - 59222-044-211A

STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

DIVISION OF EQUIPMENT

ADMINISTRSTIVE SPECIFICATION NUMBER: 59222-044-211(A)

SPECIFICATIONS FOR: Tractor, Wheel, With Side Boom and Rear Flail Mowers

PURCHASE ESTIMATE NUMBER: 32-12-6413

Administrative Procedures Prior to award of the contract, all questions, changes and/or clarifications regarding the specification or the administrative requirements shall be submitted to the buyer. The buyer will coordinate all questions and answers, documenting the official State responses in writing via question and answer set. Any verbal answers, approval of change requests, or any deviations from any requirement within this bid package are not valid.

A virtual or in person post-award meeting will be conducted by the California Department of Transportation, Division of Equipment Headquarters office located at 34th Street and Stockton Blvd., Sacramento, CA 95816 with the successful Contractor and pertinent Department of Transportation personnel following award of the contract. The meeting will consist of an outline of the successful Contractor’s timeline for manufacturing the units, and evidence of overall dimensions on each type of unit (detailed engineering drawings, or previously completed unit). The meeting will also cover the inspection acceptance and delivery process.

1. VEHICLE DOCUMENTATION REQUIRED: The original dealer's "Report of Sale" shall be furnished by all California licensed dealers at the time of delivery of each unit or units covered by these specifications.

Report of Sale: Temporary License Plates (TLP’s) and Temporary Registration shall be required for all units. TLP’s shall be affixed to the rear of the vehicle and the Temporary Registration shall be placed the registration holder prior to delivery. Photocopies and facsimiles are not acceptable, all original documentation and TLP’s shall be provided.

MSO: A "Manufacturer's Statement of Origin" and original "Bill of Sale" on the Contractor’s letterhead may be supplied for each unit in lieu of a dealer's Report of Sale, if the Contractor is not a registered California dealer.

An original weight certificate from a California Weigh Master must be supplied at the time of delivery of each unit.

A Federal Excise Tax Exempt Certificate will be attached to the purchase order (PO).

All documentation supplied for registration shall contain the following:

State of California Department of Transportation/Equipment 34th Street and Stockton Boulevard P. O. Box 160048 Sacramento, CA 95816 All other required documentation shall be sent to the address below by the time of delivery.

All original documentation, i.e., registration documents, weight slips, invoicing, electronic filters lists, training outlines, any additional manuals for state files must be sent to the address below using UPS or FedEx:

Department of Transportation Equipment Receiving 1920 35th Street Sacramento, CA 95816 NOTE: The State shall register/license all vehicles with the Department of Motor Vehicles.

2. SAFETY: The entire unit and accessories shall comply with the applicable provisions of the California Vehicle Code, the Safety Orders of the Division of Industrial Relations, and all Federal regulations in effect at the time of manufacture.

3. EQUIPMENT IDENTIFICATION NUMBER: The Contractor will be required to register each unit with the California Air Resources Board (CARB) in their Diesel Off-road On-line Registration system (DOORS). The Equipment Identification Number (EIN) issued by DOORS shall be permanently affixed to both sides of the vehicle in compliance with CARB recommendations. The label will be made and installed according to CARB specifications (Ref. CARB Website: https://ww2.arb.ca.gov/resources/documents/label-vendors-road-diesel-vehicles-and-large-spark-ignited-lsi-equipment). When the Manufacturer’s Statement of Origin (MSO) is transferred to Caltrans, the Contractor will then sell the vehicle in DOORS using the MSO date as the sale date in DOORS. The Contractor will provide a report to Caltrans shipping & receiving associating the vehicle VIN and the EIN number and the sale date in DOORS.

4. BOOKS AND MANUALS: One (1) set of standard operator's manual, complete lubrication instructions, parts books, and shop repair manuals (complete with electrical and hydraulic schematics) shall be supplied with each unit. On receipt of the first units, one (1) additional set of manuals shall be supplied for the State files. The operator’s manual must be paper and kept on the unit. The remaining documents in order of preference should be (.pdf files on permanent media, other electronic formats on permanent media or hard copy manuals). On-line manuals are not acceptable. All material shall be available for review during the pre-delivery inspection.

5. WORKMANSHIP: The equipment and any accessories shall be a product of good workmanship and shall be free from any defects that will affect their appearance or serviceability.

6. WARRANTY: The unit and any optional accessory shall be free from defects in workmanship and materials and be covered (parts and labor) under warranty for a minimum of two (2) years following the date the Department of Transportation (Caltrans) puts the unit into service. Caltrans will notify the Contractor by mail of the in-service date.

A copy of the manufacturer's standard and or extended warranty for the unit, any accessory, optional equipment, and components shall be supplied with each unit at delivery, or upon request. The manufacturer will be held responsible for warranty (commencing from the date Caltrans puts the unit into service) if the Contractor is no longer an authorized dealer of the equipment supplied. Under this circumstance, the manufacturer will be held responsible for the balance of the manufacturer's standard and/or extended warranty. The manufacturer shall establish a fully operational warranty service provider with capabilities equal to or exceeding the Contractor’s (or his designated warranty provider) within 45 days of the Contractor’s authorized dealer termination.

The contractor shall ensure that all additional manufacturer’s full warranties and warranty periods for units and purchased parts, components, and products, whether installed or delivered as loose equipment, are transferred to Caltrans so that Caltrans receives the full benefit of those warranties as offered by the manufacturer. The warranty shall begin on the date that Caltrans puts the unit into service.

All warranties for major components must be provided by the manufacturer of that product. No third-party warranties will be accepted. The bidder must be the manufacturer or manufacturer’s authorized representative and must agree to the warranty conditions stated herein. There must be a factory authorized warranty service provider in the State of California, or the bidder may not be awarded the contract.

An In-Shop Warranty agreement, signed by the supplier or manufacturer, shall be supplied prior to award. Caltrans, at its option, may perform warranty work under the terms of the In-Shop Warranty agreement.

Upon prior approval with Caltrans and in compliance with all Caltrans Policies and Procedures, warranty work may be performed at a Caltrans facility. The Contractor may use a traveling mechanic to perform the warranty work. The Contractor will be responsible for all associated costs (travel time, overtime, per diem, etc.).

For questions regarding the warranty or In-Shop Warranty agreement contact the Warranty Coordinator listed on the PO contact information page or the buyer.

7. IN PROCESS REVIEW: The unit(s) may require an in-process review to verify timely progress of the unit(s), and to resolve any technical issues that may arise. If there are any questions regarding the intent of the specifications or drawings, contact the "Specification Engineer" as indicated on the Contact Information page provided with the PO. The necessity for an in-process review will be determined by the State and will be coordinated by the Specification Engineer. Any in-process review conducted within the State of California will be at State expense and will not constitute acceptance of the unit(s).

8. INSPECTION: This order will require a two (2) phase inspection process. For all inspections the unit(s) will be serviced, washed and ready for, as applicable, inspection or delivery. Inspections will begin within ten (10) working days from the date of the inspection request by the Contractor. It is the Contractor’s responsibility to contact the Equipment Parts Coordinator listed on the PO contact sheet for inspections. All Pre-delivery Inspection(s) shall be conducted at the same location.

FIRST PHASE (PRE-DELIVERY INSPECTION): Each unit will be inspected prior to shipment to the destination on the PO. The inspection trip(s) shall be within the State of California and State financed at no cost to the Contractor.

The Contractor shall provide a qualified, factory authorized, service representative to be in attendance at the inspection, to answer all questions regarding construction and system design and function, to demonstrate all operations and functions, and to make any necessary adjustments to the units. The cost for this service shall be included in the bid.

On units where relative or interacting motions exist, these shall be demonstrated within the full range of movement (e.g., plow moldboard and push frame; brake components, dump body, tailgate, and subframe).

Arrangements for pre-delivery inspections shall be scheduled with the Caltrans Quality Assurance branch. Each unit shall be identified with the applicable PO and Line Item. The Contractor shall receive a copy of the inspection report within four (4) working days of the inspection indicating that the first unit is either acceptable or not acceptable. Unacceptable or non-compliant items will be listed on the report. If late delivery charges accrue, the Contractor will not be held responsible for those days from the request of the inspection to the receipt of the inspection report. If corrections are needed as a result of the inspection, the corrections shall be made prior to shipment to the PO destination. Authorization to deliver unit(s) must be granted by the Department of Transportation, Division of Equipment, Quality Assurance Section.

If additional interim inspections are required, such inspection trips shall be at the expense of the Contractor at $75.00 per hour (including travel time) and all expenses (meals, lodging, and cost of transportation). Travel expenses will be documented on State of California, Department of Transportation, Travel Expense Claim Form, FA302. These fees may be deducted from the invoice.

PRE-DELIVERY INSPECTION LOCATION: The inspections shall be conducted by the Department of Transportation, Division of Equipment, Quality Assurance. These inspections shall take place at an adequate site provided by the Contractor within the State of California. The inspection site shall meet all of the following criteria:

SECOND PHASE (FINAL INSPECTION): Each unit will have a final inspection at its delivery destination shown on the PO to verify acceptability. The State will have five (5) working days after delivery of a unit to conduct the final inspection of said unit. Units delivered to the final PO destination will be accepted only when all PO requirements have been met, any shipping damages have been corrected, and all required documents are received by the Department of Transportation, Division of Equipment, Equipment Receiving. These documents include, as applicable, the invoice, vehicle registration documents, parts book, operator's manuals, service manuals, lubrication instructions and charts, warranty information, certifications, questionnaires, etc. Units which are not accepted by the delivery date on the PO will be considered delivered late.

If the Contractor receives notice that the unit(s) is not acceptable in writing, the unit(s) shipped to the PO destination shall be removed within seven (7) calendar days. If the Contractor fails to remove said unit(s) from the State's facilities within the specified period, the State may forward said unit(s) to the Contractor by common carrier at the Contractor’s expense and risk.

Covid-19 Clause: Caltrans requires both staff and contractor representatives/ personnel to wear face covering during inspections per California Department of Public Health (CDPH) guidelines. Social distancing shall be practiced if possible. Hand sanitizer shall be available if needed. These safety requirements are part of the inspection site evaluation.

Caltrans personnel may fly or drive to the inspections. Caltrans personnel will travel in separate vehicles from the airport to the Contractor designated inspection location or from Caltrans Division of Equipment in Sacramento to the Contractor designated inspection location. There will likely be an increase in travel time.

Caltrans may require a larger lot size before scheduling the inspection if the Contractor agrees and PO allows. The Contractor shall be responsible for inspecting their units prior to the Caltrans inspection and to ensure the units are compliant. Proper supporting documentation and other items on the pre-inspection check list provided by QA will lead to a more concise and efficient inspection.

Caltrans is aware of possible delivery delays due to COVID-19 shutting down assembly plants and parts manufacturing plants. Any such delays must be reported to the Specification Engineer when they close and when they re-open.

9. DELIVERY: Inspection, delivery, and final acceptance of all units on each PO shall be within 365 calendar days after receipt of each PO. Contact the State of California, Department of Transportation, Division of Equipment, Equipment Materiel Coordinator listed on the PO contact sheet to coordinate delivery. The unit(s) shall be filled with fuel to the ¼ full mark on the tank or fuel gauge prior to delivery at the final PO destination. The price for this fuel shall be included in the bid.

Acceptance of delivery or placement in operation of any equipment shall not release the Contractor from liability for faulty design, workmanship, or materials appearing even after final payment has been made.

10. LATE DELIVERY CHARGES: The parties to this agreement acknowledge that the State shall incur actual damages should the Contractor fail to perform the work as called out in the contract and specification on the dates set forth herein. The parties, therefore, have agreed to late delivery charges, subject to Force Majeure in the amount of $250.00 per unit per workday.

Workdays are Monday through Friday inclusive, except State holidays observed Monday through Friday inclusive.

The parties also agree that the amount specified is not unreasonable nor punitive in nature because both parties have carefully considered the amount specified and believe it to be a reasonable estimate, and not excessive at the time the contract is entered into.

It is therefore agreed that the Contractor will pay the State of California the amount stated above for each workday the work remains uncompleted or unaccepted by the State, provided the total late delivery charges assessed against Contractor shall in no event exceed twenty-five percent (25%) of the total value of the entire order, and the Contractor agrees to pay said damages as herein provided. In the event such damages are not paid, the Contractor agrees that the State may deduct the amount thereof from any monies due or that may become due said Contractor.

11. PAYMENT: Process for payment will be initiated on each unit as units are received and deemed acceptable. The discount period will start after acceptance of each unit on the PO.

12. GENERAL: As applicable, a complete electronic list of all filters (air, oil, fuel, hydraulic, etc.) shall be supplied to each delivery destination and to headquarters shipping and receiving. A minimum of 3 sets of keys shall be supplied with each unit.

OPTIONS

The following options or accessories shall be furnished only when specified on the PO.

1. TRAINING: When training is requested on the PO., The Contractor shall provide a qualified factory authorized service representative (not a salesman) to provide training for operators, mechanics, and parts personnel. This training (not a sales presentation) shall consist of hands‑on operation, safety, service, and adjustments for the operators; mechanical repair and adjustment specifications for the shop and field mechanics; parts manual orientation, nomenclature, and ordering procedures for parts personnel. It shall also cover lubrication and servicing using Division of Equipment lubrication products. This lubrication product information will be provided to the Contractor by the Division of Equipment Lubrication and Research Branch listed on the PO contact sheet.

A training plan outline, containing at least all of the subjects listed above, shall be submitted for approval within 30 days after contract award to the Division of Equipment Training Coordinator.

The training shall be provided at the Caltrans Equipment Shop(s) specified on the PO contact sheet. This training shall be for one (1) 8‑hour day (or longer as the Contractor or State deems necessary), and the date(s) of the training will be arranged by the Division of Equipment Training Coordinator listed on the PO contact sheet. The full cost of this service shall be included in the bid. All training shall be accomplished within 45 days of acceptance and receipt of the unit at the shop indicated on the PO unless otherwise mutually agreed to between the Contractor and the Division of Equipment Training Coordinator.

***Covid-19 Clause *** When training conflicts with pandemic restrictions, training may be conducted remotely via live or recorded video to the extent practicable. Video conferencing platform is subject to Caltrans pre-approval for IT security. Where in-person classroom and hands-on training are permissible, Contractor shall conform to safety precautions and mandates prescribed by the California Department of Public Health, and the Division of Equipment Training branch. Training bid price shall be based on normal, unrestricted conditions for in-person training as described above. Any reduction in training costs shall be credited back to the state.