CTR069161_Contract_Documents.pdf

Procurement

OFFER AND ACCEPTANCE

OFFER

TO THE STATE OF ARIZONA:

The undersigned hereby offers and agrees to perform in compliance with all terms, condiDons, specificaDons and amendments of this solicitaDon and any wriFen excepDons in the offer. Signature also acknowledges receipt of all pages indicated in the Table of Contents.

By signature in the Offer secDon above, the Offeror cerDfies that the submission of the Offer did not involve collusion or other anDcompeDDve pracDces.

ACCEPTANCE OF OFFER (FOR DEPARTMENT USE ONLY)

Offeror (Company) Name Signature of Person Authorized to Sign Offer

Address Printed Name Date

City State Zip Title

Email Address Phone Number

Company Email Address Fax Number

Solicitation No: BPM005851 Available online at hFps://app.az.gov

Page of 1 2

Rev 04/2020

662-566-7123

662-566-2025

ACCOUNT MANAGER

12/15/2023Alice Bingham info@k-ksystems.com ali@k-ksystems.com

TUPELO, MS 38801

687 PALMETTO RD.

K & K SYSTEMS, INC.

DocuSign Envelope ID: C69B049A-1602-444D-BD01-5D76397B8031 https://app.az.gov

OFFER AND ACCEPTANCE

The Contractor is now bound to perform based upon Contract Number CTR069161 including all terms, condiDons, specificaDons, amendments, etc., and the Contractor's offer as accepted by the state.

The Contractor is hereby cauDoned not to commence any billable work or provide any material, service or construcDon under this contract unDl contractor receives a purchase order document.

State of Arizona

EffecDve this 21st day of December 2023

Procurement Officer Awarded Date

Solicitation No: BPM005851 Available online at hFps://app.az.gov

Page of 2 2

Rev 04/2020

DocuSign Envelope ID: C69B049A-1602-444D-BD01-5D76397B8031

12/20/2023 https://app.az.gov

ARIZONA DEPARTMENT OF TRANSPORTATION

1739 W. Jackson Street, MD 100P

Phoenix, AZ 85007 602.712.7211

Solicitation Amendment Summary SOLICITATION NO.: BPM005851 AMENDMENT NO.: One (1)

DESCRIPTION: Trailer Mounted Variable Message Signs

Rev. 04/2020

Pursuant to the Uniform Instructions to Offerors, Item B.6, Solicitation Amendments, the above referenced solicitation shall be amended as follows:

Solicitation Requirements:

1. Paragraph 4.1.5.21, Trailer Requirements, is hereby replaced with the following: “A trailer electrical cable and connector compatible with towing vehicles in the state fleet shall be installed, that extends two (2) ft. beyond the ball hitch with cable protector and circuited to SAE J560 standards using 7-conductor jacketed cable per SAE J1067, preferred utilizing a junction box with an internal terminal strip and located on the tongue. “

2. Paragraph 4.1.5.25.1, Trailer Requirements, is hereby replaced with the following: “Two (2) to four (4) amber recessed or metal armored lights, one (1) mounted on each side of each front corner or two (2) amber lights may be installed in 45 degree angle notches; one in each front corner. “

3. Paragraph 4.1.5.25.2, Trailer Requirements, is hereby replaced with the following: “Two (2) to four (4) red recessed or metal armored lights, one (1) mounted on each side of each rear corner or two red lights may be installed in 45 degree angle notches; one (1) in each rear corner. “

4. Paragraph 4.1.7.1.2, Radar – Message Interrupt Feature, is hereby replaced with the following: “Speed range - 5 to 99 MPH. “

5. All other terms, conditions and provisions of this solicitation remain unchanged.

Rev. 05/2023

STATE OF ARIZONA

ARIZONA DEPARTMENT OF TRANSPORTATION

1655 W. Jackson St., MD 100P

Phoenix, AZ 85007

INVITATION FOR BID

SOLICITATION NUMBER: BPM005851

DESCRIPTION: Trailer Mounted Variable Message Signs

QUESTIONS: Inquiries regarding the solicitation are to be submitted online through the State’s e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov/) using the Discussion Forum tab.

OFFERORS ARE STRONGLY ENCOURAGED TO READ THE ENTIRE SOLICITATION.

Patrick Breazeale Procurement Officer

Phone: 602-712-8504 Email: PBreazeale@azdot.gov

This solicitation is issued in accordance with A.R.S. §41-2533 and A.A.C. R2-7-B301 et seq., Competitive Sealed

Bidding.

“An Equal Opportunity Agency”

The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Americans with Disabilities Act (ADA), hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids i n response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration for an award.

Persons that require a reasonable accommodation based on language or disability should contact ADOT’s Procurement Office by p hone (602)

712-7466. Requests should be made as early as possible to ensure the State has an opportunity to address the accommodation.

Las personas que requieran asistencia (dentro de lo razonable) ya sea por el idioma o discapacidad deben ponerse en contacto con ADOT (602) 712-7466.

https://app.az.gov/

TABLE OF CONTENTS

Solicitation No: BPM005851 Available online at

SECTION PAGE

Notice 1

Table of Contents 2

Specifications 3

Special Terms and Conditions 16

Uniform Terms and Conditions 26

EXHIBITS

1 - Title VI/Non-Discrimination Assurances Appendix A 43

2 - Title VI/Non-Discrimination Assurances Appendix E 44

3 - Quarterly Usage Report 45

SPECIFICATIONS

1. Statement of Need

1.1. Pursuant to the Arizona Procurement Code, A.R.S. §41-2501 et seq., the State of Arizona Department of Transportation (Department), has a requirement for Solar-Powered Variable Message Sign (VMS) trailer Programmable Portable Changeable Message Sign (PCMS) in two sizes.

2. Introduction and Background

2.1. The Department intends to establish a term contract to provide assembled Solar-Powered Full Matrix VMS trailer Programmable PCMS along with additional repair service and parts on an as-needed basis as described in the Specifications.

3. General Requirements

3.1. The equipment supplied shall consist of all the materials and fabrication services necessary to provide the Department with the individual pre-assembled trailers so they are ready for installation in the field. All materials and assemblies shall meet or exceed the specification requirements and shall conform to the applicable requirements referenced in section 3.3.

3.2. The equipment shall be a standard model of a manufacturer with experience in the production of programmable message sign boards equipped as necessary to meet the requirements of the

Specification. All workmanship and materials shall be of good quality and design. All equipment shall be identical in all aspects of design and manufacture.

3.3. The equipment shall conform to all current applicable Federal Motor Vehicle Safety Standards

(FMVSS), Occupational Safety and Health Administration (OSHA), Environmental Protection

Agency (EPA), Manual on Uniform Traffic Control Devices (MUTCD) and Arizona Motor Vehicles Division (MVD) regulations and to all National Electrical Manufactures Association (NEMA) and other industry standards in effect at the time of delivery.

3.4. All dimensions, weights, wire or metal gauges, or other factors expressed numerically in this

Specification are to be considered as nominal (+/- 10%) requirements unless indicated otherwise by the words "Minimum", "Maximum", or "Exactly". Where brand names, with or without arrangement numbers, are mentioned, it is to be understand that brand name or equal is intended.

3.5. In all instances where the Specification requires lockable enclosures or compartments, if the

Contractor installs cylinder type locks, all locks shall be keyed alike and three keys shall be supplied with each unit. If padlock latches are installed, the Department will supply padlocks.

3.6. The solar-powered VMS trailer equipment shall be capable of operating independently from the sun for a minimum of 30 days.

3.7. The equipment will be used statewide at elevations from near sea level to 10,000 feet and in ambient temperatures ranging from -30 to 120 degrees Fahrenheit (F). The equipment will also be used in rain, snow, blowing dust and other inclement weather. All components of the equipment shall remain operational under these conditions.

3.8. The Contractor shall be a manufacturer or dealer for manufacturer of solar-powered VMS trailers.

The Contractor shall be able to deliver to the Department and provide service, repair and warranty repair in a timely manner.

4. Specific Requirements

4.1. Solar-Powered VMS Trailer – Programmable PCMS

4.1.1. Display Panel

4.1.1.1. The VMS display panel cabinet shall be fabricated in two sizes and offered with separate trailer pricing to the following nominal dimensions:

4.1.1.1.1. Approximate Length – 10 ft. by approximate width – 6.5 ft.

4.1.1.1.2. Approximate Length – 8 ft. by approximate width – 5 ft.

4.1.1.2. The front sign face shall include clear UV inhibited polycarbonate or lexan cover(s). If pixels are epoxy encapsulated to prevent moisture encroachment, polycarbonate or lexan cover(s) are not required.

4.1.1.3. Character panels shall be housed in a weather tight housing. The message characters shall be amber LED’s operating under the control of a digital computer/controller. Display shall be Full Matrix style.

4.1.1.4. The programmable PCMS shall be capable of displaying in various alpha-numeric combinations. Standard display shall be 3 lines by 12 characters. The message sign shall be programmable by the operator to display multiple messages in sequence at variable timed intervals. The message sign shall also be capable of displaying moving arrow patterns as one of the operator selected programs. The PCMS shall comply with MUTCD traffic safety specifications.

4.1.1.5. The message sign shall include the capability to default to a blank screen when a low battery condition is detected.

4.1.1.6. The message displayed on the board shall be clearly visible from a distance of

1000 ft. in both day and night conditions. The message displayed shall have a horizontal angle of vision of 20 to 30 degrees (total) and a vertical angle of vision of 10 to 20 degrees (total). A sighting device shall be installed that will allow the operator to position the message board perpendicular to a specific traffic point for maximum visibility.

4.1.2. Message Sign Control System

4.1.2.1. The programmable message sign shall be controlled in all functions by an on-board menu-oriented microprocessor based controller that is hard-wired to the display panel and shall:

4.1.2.1.1. Include a controller capable of entering and manipulating data. If it is Windows-based, automatic updates shall be disabled.

4.1.2.1.2. Include a display screen and/or keyboard for writing and reviewing messages prior to display on the message board.

4.1.2.1.3. Store 200 or more pre-programmed messages for display including those preferred in MUTCD. Printed plastic/paper labels inside of the control cabinet shall list all pre-programmed messages.

4.1.2.1.4. Store 50 or more messages created by users.

4.1.2.1.5. Maintain a menu (stored messages list) enabling an operator to review and/or use any stored messages or sequence.

4.1.2.1.6. Provide program control that will sequence messages automatically at programmed time intervals.

4.1.2.1.7. Provide control for moving arrow displays.

4.1.2.1.8. Provide control to flash (blink) any or all message lines.

4.1.2.1.9. The Contractor shall provide updates to the control system at the departments shop locations, when needed due to software upgrades or firmware reloading.

4.1.2.2. All operating characteristics of the computer/controller and software, including methodology, log on security, message creation, message selection and message display, shall be simplified to enable field personnel without prior computer experience to learn to operate the computer system over the full range of capabilities after a reasonable amount of training.

4.1.2.3. The computer, controller, switches, controls and indicators shall be installed in a weather-proof, dust-roof, vandal-proof, shock and vibration resistant enclosure to protect the working control station for the entire unit. The computer/controller shall be securely attached in the control station enclosure and hard-wired to the display panel. A computer/controller that is not permanently mounted is not acceptable.

Also, the installation of foam rubber products for shock/vibration control is not acceptable.

4.1.2.4. The Contractor shall provide the Department the option for remotely operating the control system. This option will be added at the discretion of the Department if needed.

4.1.2.5. Provisions shall be included to ensure that adequate backlighting is available at the control console for night time operation without the use of auxiliary lighting.

4.1.2.6. All controls and/or devices placed in the control station enclosure shall remain operational in conditions when the temperature may exceed 160 degrees Fahrenheit within the enclosure and be subjected to dust environment of desert climate.

4.1.3. Power Requirements

4.1.3.1. Electrical power shall be generated by solar photovoltaic panels charging the system batteries. Solar Array shall be connected to produce 200 Watt minimum output.

4.1.3.2. Batteries shall be Deep Cycle batteries, low maintenance, spill and leak resistant with a total combined amp-hour rating in excess of 600 amp-hours. Batteries shall be located in a lockable, ventilated enclosure, which is protected by an acid-resistant finish. All keyed locking devices on all units shall be keyed alike, and three (3) sets of keys per unit shall be provided. If padlock latches are used, the Department will supply all padlocks. Batteries shall be protected from shock damage by a cushion pad installed under the batteries. Hold-down clamps or straps shall be installed to prevent movement of the batteries during transport.

4.1.3.3. A built-in battery charger shall be installed; capable of recharging the completely discharged battery bank from 110 V. shore power supply outlet within 12 hours.

4.1.3.4. Solar panel assemblies shall have a protective covering that will resist breakage and withstand severe desert climate, and act as a vandalism deterrent device. The solar panel(s) shall be mounted to their supporting framework with reusable fastening devices that prevent theft of the panels. Reusable theft-prevention devices shall also be used to attach the framework to the main structure of the unit.

4.1.3.5. The solar panel(s) shall be mounted horizontal above the PCMS during operation, so that the solar panel does not have to be re-positioned when the direction or position of the PCMS board unit is changed. The solar panel shall raise, lower and stow for transport, with the PCMS board.

4.1.3.6. The control system shall automatically prevent overcharge of batteries and shall include a solid state low voltage load disconnect to protect the batteries from deep discharge. Instrumentation shall be located in a weatherproof box and shall include battery condition indicator, current meter to monitor solar power charge rate and shore power charger.

4.1.4. Message Sign Support Structure

4.1.4.1. The message sign shall be mounted on a telescoping vertical tubular steel mast assembly that raises and lowers the message sign. If the telescoping mast is equipped with wear pads, they shall be nonmetallic and adjustable to allow for minor wear and to prevent metal to metal contact. The sign column mount shall be designed to rotate the sign for display and/or transport. The message sign shall be able to rotate 360 degrees around the vertical axis.

4.1.4.2. A rotational positioning device or capability shall be installed to lock the sign in any rotational position. The rotational positioning device shall be adequate to hold the sign in position in wind gusts to 70 MPH with jacks deployed. Design and installation shall ensure that the lever device (if supplied) cannot come in contact with either the back side of the message sign or the tops of the battery compartments when raising or lowering the sign. The rotational positioning device shall be adjustable to take up for wear and slack and shall be accessible to operator while standing on ground before completion of the raising of the sign.

4.1.4.3. A six (6) inch (minimum) grab handle shall be bolted near the lower right hand corner on the back side of the message sign for control purposes. Safety regulations require that all positioning/deployment functions must be accessible to an operator standing on the ground.

4.1.4.4. The message sign shall be raised vertically by a hydraulic cylinder in the vertical column powered by an electric-powered hydraulic pump enclosed inside of a lockable, weatherproof nonmetallic enclosure. The hydraulic pump shall be mounted in horizontal position to assure that the possibility of oil leakage is minimized. The sign shall raise and lower without releasing the rotational positioning device. Wiring to message board shall be guided and supported to protect against damage during raising and lowering. Normal sign raising and lowering functions shall be accomplished through an electrical switch at the control station. Having to manually release hydraulic pressure to lower the board during normal operation is not acceptable.

4.1.4.5. A safety support pin shall be provided for positive support through the mast when the sign is fully raised. The pin shall have a "D" type handle and be attached to the unit by a heavy duty chain (#4 machine twist chain or equivalent), and rest in a holster/holder when not deployed through the mast.

4.1.4.6. A one-way adjustment valve shall be installed in the hydraulic circuit to reduce the descent speed and prevent an uncontrolled lowering of the sign in the event of a hose or system failure. An auxiliary hand lever hydraulic pump shall be included for use in the event of failure of the electric hydraulic pump, with adequate space to operate the hand lever.

4.1.4.7. The bottom of the message sign shall be seven (7) ft. above the ground when the sign is in the fully raised position in compliance with MUTCD.

4.1.4.8. The message sign shall rotate and lower to a longitudinal position for transport.

A self-aligning positive retaining device shall retain the sign in position during transport.

4.1.5. Trailer Requirements

4.1.5.1. The carrier and operating platform for all components of the complete message board system shall consist of a trailer with structural steel tubing frame.

4.1.5.2. All joining shall be by continuous bead welds.

4.1.5.3. The trailer shall be designed for towing at highway speeds up to 65 MPH.

4.1.5.4. Axle, suspension system, wheels, and tires shall each be rated for loads equal to or greater than the weight of the complete unit, with 400 lbs. of miscellaneous operating items on board.

4.1.5.5. Documentation of ratings of individual components of the suspension system is required as a part of the performance under a resultant contract from this specification.

4.1.5.6. An identical spare tire and wheel shall be mounted on a lockable spare tire carrier. If spare tire is mounted on carrier with nut(s), nuts shall be identical to the wheel lug nuts, removable with the same lug wrench. The spare tire must be removable from the trailer without the use of any tool other than the lug wrench.

4.1.5.7. A lug wrench fitting the lug nuts shall be mounted inside one of the lockable enclosures. A spring clip retaining device is preferred.

4.1.5.8. The location of the spare tire carrier shall not cause interference with any operation or transportation function of the complete unit.

4.1.5.9. All tires and wheels, including the spare tire and wheel, shall be balanced before delivery of the unit.

4.1.5.10. Fenders - manufacturer's standard fender, mud flap and splash guard arrangement shall be included. Splash guards shall be attached inside the fender to protect the chassis. Mud flaps shall extend to be within eight (8) in. of the ground in level tow position.

4.1.5.11. Advertising on splash guards is not acceptable.

4.1.5.12. Electric brakes shall be installed.

4.1.5.13. The brake system shall provide for lock-up of the trailer brakes in the event of a trailer break-away.

4.1.5.14. Brakes shall be drum type, sized for total braking capacity equal to or greater than the Gross Vehicle Weight Rating (GVWR) of the loaded trailer as specified.

4.1.5.15. The trailer shall be equipped with leveling jacks rated at 2,000 lbs. capacity installed at each of the four corners of the trailer. Jacks shall be screw type that swivel and stow in a transport position. Side-mounted handles with locking pin and chain preferred. (Bulldog or equivalent).

4.1.5.16. Minimum three (3) inches of clearance shall be maintained around the full arch of the jack handle when raising or lowering the jack to preclude injury to operator's hands. Jacks shall not interfere with lights and reflectors when in the stowed position.

4.1.5.17. The trailer shall be structurally adequate to withstand wind velocities of 80 MPH with all outriggers in place.

4.1.5.18. A 4-way level indicating device shall be placed on the trailer frame, in an area where personnel will not tread on the level.

4.1.5.19. Tail, stop, turn signal, license plate, identification, marker and clearance lights, along with required reflectors shall be installed in full compliance with FMVSS 108.

4.1.5.20. All light wiring shall be installed in conduit, fully protected against mechanical damage and the effects of weather and water.

4.1.5.21. A trailer electrical cable and connector compatible with towing vehicles in the state fleet shall be installed, that extends two (2) ft. beyond the ball hitch with cable protector and circuited to SAE J560 standards using 7-conductor jacketed cable per SAE J1067, preferred utilizing a junction box with an internal terminal strip, located on the tongue.

4.1.5.21.1. This location is requested to be near the hitch area – tongue of the trailer so when it is removed from the towing truck, it can easily and quickly be stowed.

4.1.5.22. An electrical plug holder (Cole Hersee "Stor-A-Way" 11750 or equal) shall be installed in a state approved location.

4.1.5.22.1. This location is requested to be near the hitch area – tongue of the trailer so when it is removed from the towing truck, it can easily and quickly be stowed.

4.1.5.23. If lights are attached by fastening devices, bolts, flat washers and self-locking nuts shall be used.

4.1.5.24. Lights shall be recess mounted or metal shielded, and include shock mounting and hard wiring.

4.1.5.25. Marker light and reflector requirements:

4.1.5.25.1. Two (2) to four (4) amber recessed or metal armored lights, one (1) mounted on each side of each front corner or two (2) amber lights may be installed in 45 degree angle notches; one in each front corner.

4.1.5.25.2. Two (2) to four (4) red recessed or metal armored lights, one (1) mounted on each side of each rear corner or two red lights may be installed in 45 degree angle notches; one (1) in each rear corner.

4.1.5.25.3. One (1) identification light, consisting of a horizontal group of three recessed or metal armored lights, mounted on the rear as near as practical to the trailer centerline.

4.1.5.25.4. Reflectors applied to smooth, flat surfaces shall be reflective tape type.

4.1.5.25.5. Reflectors applied to rough or uneven surfaces, such as tread plate, shall be reflex reflectors with metal housings and be attached by bolts with flat washers and lock nuts, machine screws or pop rivets.

4.1.5.25.6. Four (4) amber reflectors, one (1) mounted on each side of each front corner.

4.1.5.25.7. Four (4) red reflectors, one (1) mounted on each side of each rear corner.

4.1.5.26. The trailer shall be equipped with pintle eye type trailer coupler, mounted in channel to provide height adjustment for range of 21 in. to 25 in. from ground level.

4.1.5.27. All hitch components shall conform to SAE J684 standards. Hitch bolts shall be

Grade 8 bolts, with hardened flat washers and self-locking nuts.

4.1.5.28. Two (2) separate safety chains equipped with latching hooks, conforming to SAE

J684, shall be installed that extend two (2) ft. beyond the end of the trailer hitch.

Safety chains shall be individually bolted to the trailer tongue with Grade 8 bolts.

Attachment by welding is not acceptable. Documentation of safety chain ratings is required as a part of the performance under a resultant contract from this Specification.

4.1.5.29. A retractable, screw type jack with a steel caster wheel, jack and wheel rated at 1,000 lbs. capacity (minimum), shall be installed on the trailer tongue. Jack shall include tubular swivel with pin and chain.

4.1.5.30. The trailer design must allow all hitching and unhitching to be performed by one

(1) person.

4.1.5.31. The load must be distributed so that at least 10%, not to exceed 15%, of the weight of the fully loaded unit is transferred to the towing vehicle.

4.1.5.32. Two (2) 1-3/4 X 27 inch vertical pipe stands shall be installed to stow 12 traffic cones. Cones are 28 inches tall; 15 inches square at base and weigh approximately 10 lbs. each. Location shall be determined in conference with the Department’s

Equipment Services personnel during installation.

4.1.5.33. The equipment shall be cleaned to a rust-free condition by sandblasting, and then primed and finish painted with manufacturer's standard color(s).

4.1.5.34. All wheels, including the spare wheel, shall be painted manufacturer's gloss white.

4.1.5.35. Vandalism and/or theft protection shall be provided for, but not limited to, the following:

4.1.5.35.1. The spare tire.

4.1.5.35.2. The computer/controller and all control station components.

4.1.5.35.3. The battery compartments.

4.1.5.36. All controls shall be labeled as to function and direction with engraved or machine stamped metal plates affixed with bolts/lock nuts or pop rivets. Printed plastic/paper labels attached by adhesives are permitted only inside of the control center cabinet for the required control center operating instructions, computer menu, legends, etc.

4.1.6.Remote Control Option – Cellular Telephone Operation

4.1.6.1. This control feature shall allow the sign operator to monitor and update message displays remotely using smart phone, computer or computer tablet. A cellular transceiver shall be supplied with each unit having this option.

4.1.6.2. All required hardware and software necessary to fully integrate this equipment feature into the basic operating unit shall be included when requested on the order.

4.1.7.Radar – Message Interrupt Feature

4.1.7.1. This feature shall allow the sign to display its normal sequence of messages and allow them to be interrupted by radar system control. When radar trigger speed is exceeded, the unit will display a notice for a vehicle to slow down or display the vehicle's actual speed.

4.1.7.1.1. Radar beam width - 18 horizontal and vertical.

4.1.7.1.2. Speed range - 5 to 99 MPH.

4.1.7.2. All required hardware and software necessary to fully integrate equipment features into the basic operating unit shall be included.

4.2. Material and Fabrication

4.2.1.All materials used for fabrication shall be new and unused.

4.2.2.The use of a cutting torch shall be limited to unavoidable situations. Edges cut by a torch shall be ground to a smooth finish prior to priming and painting.

4.2.3.The use of any process, such as welding or torch cutting, that is detrimental to strength, hardness, or any other engineering requirement, is not acceptable.

4.2.4.All structural welds shall be continuous bead welds. All structural welds shall exceed the yield strength of the base metal. Skip welds may be used only if permitted in specific areas by the Specification. In such cases, a MINIMUM 50% skip weld must be achieved to be acceptable. All welds shall be free of slag and spatter prior to priming and painting.

4.2.5.If more than one fabricated item is required, all shall be identical in installation, design, materials, dimensions and assembly. The State may require the contractor to submit dimensional line drawings for any fabrication.

4.3. Hydraulics Equipment

4.3.1. All hydraulic hoses shall conform to SAE J517. At minimum, all pressure hydraulic hose shall conform to SAE 100R2, with a minimum of 4:1 safety factor. Return hoses shall conform to SAE 100R1. All hydraulic hoses shall be rated to exceed the hydraulic system operating pressure.

4.3.2. All hydraulic hoses shall have high pressure fittings, rated to exceed the hydraulic system operating pressure, that are swaged to the hose. The use of strap type hose clamps to attach pressure hose to a fitting is not acceptable.

4.3.3. All hydraulic hoses shall be properly and adequately constrained to preclude any possible chafing or other adverse wear conditions. Clamps used to constrain or restrain hoses shall have provisions to prevent wear of the hoses. The use of plastic tie straps that are not impervious to the effects of ultra-violet light are not acceptable.

4.3.4. Grommets shall be supplied to protect hoses from abrasion, especially when passing through holes in structure or cabinets. Grommets shall be firmly secured to the supportive structure to prevent loss. The use of split or sliced hoses as grommets is not acceptable.

4.3.5. Hoses, pipe and all other components conducting hydraulic fluid shall be compatible with all common hydraulic fluids and shall require only standard petroleum based hydraulic oils of the proper viscosity, with standard industry additives for hydraulic system use.

Hydraulic systems requiring special, exotic oils are not acceptable.

4.3.6. If applicable, the hydraulic oil shall be vented to the reservoir or a suction line. Venting to the atmosphere, other than at the reservoir, is not acceptable.

4.3.7. Hydraulic filters shall be a major brand, with replacements available from a minimum of three (3) manufacturers. The Contractor shall supply cross-reference source information with the parts manuals delivered.

5. Contractor’s Responsibilities

5.1. New Equipment: All equipment supplied pursuant to this Specification for any resultant contract shall be new, unused, current production models equipped as described in the manufacturer's published literature and specification sheets.

5.2. Authorized Service and Repair Facilities: The Contractor shall provide and update the

Department, the names and addresses of local authorized service and repair facilities (Within 200 mile radius of Metro Phoenix) for the equipment supplied for the duration of any resultant contract. If local service and repair facilities are not available, a listing of available facilities with addresses, phone number and contact person meeting these requirements shall be provided. For warranty repair, the Contractor shall be responsible for the cost of transporting the equipment from the Department to the nearest service and repair facility, and returning the completed equipment back to the Department.

5.3. Parts and Repair Services: The Contractor shall provide locations that are capable of providing repairs, parts, and preventive maintenance (PM) services when requested.

5.3.1.Repair Standards: The Contractor shall provide all necessary parts, supplies and labor necessary to perform repairs and shall meet or exceed all manufacturer’s recommendations and standards. Repair services shall be performed in conformance with all provisions of this contract, legal statutes, code requirements, industry standards and applicable OEM specifications.

5.3.2.Shop Supplies: Shop Supplies shall not exceed 5% of the total labor cost per job and will not exceed a total of $150.00 per job. No item shall be charged as a part if it is charged as a shop supply.

5.3.3.Labor: The Contractor shall provide labor rate for repair services that are not within warranty.

5.4. Manuals: The Contractor shall furnish the following manuals; costs of these manuals shall be inclusive of the contracted price.

5.4.1. Operator’s Manual, per unit ordered – 1.

5.4.2. Parts Manual, per unit ordered – 1.

5.4.3. Service & Repair Manual, per unit ordered – 1.

5.4.4. The manuals and schematics supplied shall provide complete and comprehensive information on all equipment components and accessories, as supplied to comply with this Specification including all wiring diagrams, Hydraulic / Pneumatic Schematics, if applicable. Manuals shall be provided in digital (electronic) media with unlimited rights for duplication within the departments operations.

5.4.5. The Contractor shall provide access to online parts and maintenance manuals if available.

Contractor shall submit recommended lists of wear items and consumables required to routinely service this equipment. The manuals and schematics supplied shall provide complete and comprehensive information on all equipment components and accessories, as supplied to comply with this Specification.

5.4.6. The Contractor shall provide complete maintenance/service support including manufacturer website access and subscriptions for maintenance and parts, diagnostic computer software and diagnostic hardware with communication modules and scanners.

5.4.7. If changes, modifications, additions or alterations of any kind are made on the equipment, the contractor shall provide drawings and descriptive text sufficient to allow one of average skill in general mechanics to diagnose, repair and maintain the equipment and all components.

5.4.8. On equipment assembled from manufactured components, the parts manuals shall show the manufacturer of each part and all cross-referencing between the contractor and the manufacturers.

5.4.9. The books and manuals shall be delivered to the Department’s, Equipment Services Get

Ready Shop WITH THE DELIVERY OF THE FIRST UNIT.

5.4.10. The Department shall have the right to reproduce any material for educational purposes only.

5.5. Accuracy of Work: The Contractor shall be responsible for the accuracy of the work and shall promptly make all the necessary revisions or corrections resulting from errors and omissions on the part of the Contractor without additional compensation. Acceptance of the work by the Department will not relieve the Contractor of the responsibility for subsequent correction of any such errors and clarification of ambiguities.

6. Department’s Responsibilities

6.1. Pilot Model

6.1.1. The first unit supplied under the requirements of this Specification and awarded State Contract may be fully or partially completed by the contractor, delivered to the

Department and inspected by the departments personnel before completion of the remaining units. This will allow for review and comment for compliance with the specifications.

6.1.2. The stage of completion at which this inspection will be performed shall be negotiated between the contractor and Department at the time the contract is awarded. Pursuant to this inspection, the contractor shall perform any modifications or alterations required to meet this specification.

6.1.3. The contractor shall make all remaining units identical in all respects to the inspected and approved pilot model.

6.2. Providing final acceptance and approval of item delivered.

SPECIAL TERMS AND CONDITIONS

1. CONTRACT TERM

The term of any resultant contract shall commence on the effective day of award and shall continue for a period of twelve months (12) thereafter, unless terminated, cancelled or extended as otherwise provided herein.

2. CONTRACT EXTENSION

By mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to a maximum of forty-eight (48) months.

3. ELIGIBLE AGENCIES

This contract shall be for the exclusive use of the Arizona Department of Transportation.

4. NON-EXCLUSIVE CONTRACT

This contract shall be for the sole convenience of the Department. The Department reserves the right to obtain like goods or services from another source when necessary. The Off-Contract Purchase Authorization and subsequent procurement shall be consistent with the Arizona Procurement Code.

5. ORDERING PROCESS

The Department shall issue a purchase order to the Contractor. Each purchase order must cite the contract number. This purchase order shall be the only document required for the Department to order and the Contractor to deliver the material and/or service.

Any attempts to represent any material and/or service not specifically awarded as being under contract is a breach of the contract and a violation of the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the State inclusive of but not limited to contract cancellation, suspension and/or debarment of the Contractor.

6. SHIPPING TERMS

Delivery shall be F.O.B. Destination to the location designated herein. Contractor shall retain title and control of all goods until they are delivered. All risk of transportation and related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the

Contractor. The Department will notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection.

7. DELIVERY

Deliveries shall be completed In accordance with the requirements of the contract.

Delivery of the product does not constitute acceptance.

Delivery Address:

ADOT Equipment Services Get Ready Shop 2225 S. 22nd Ave.

Phoenix, AZ 85009

8. INSPECTION AND ACCEPTANCE

Each item delivered shall be subject to a complete inspection by the Department within 10 days after delivery. Inspection criteria shall include, but not be limited to, conformity to the specifications, workmanship, quality and materials.

If the delivered product is not accepted and returned for corrective action, an additional fifteen (15) calendar days shall be allowed for inspection of the corrected or replacement product.

The Contractor shall be responsible for the transport of the material to and from the Department for the correction of items or workmanship not in compliance with the specifications.

Product returned for corrective action may delay payment. Invoices will be processed for payment only after the product is accepted.

9. INVOICING and PAYMENT

Separate invoices are required for each shipment of product or delivery of service and shall include at a minimum:

Department Location’s Name and Address

Vendor Name, Remit to Address and Contact Information

Contract Number

Purchase Order Number

Invoice Number and Date

Date the items were shipped to the Department

Contract Line Item Number

Line Item Description or Item or Service

Quantity Purchased

Line Item Unit of Measure

Price per Unit and Total per Unit

Catalog or Other Discount (if applicable)

Net Unit Price and Total per Unit (if applicable)

Applicable taxes

Applicable Shipping/Freight Charges

Total Invoice Amount Due

Invoices not sent to the proper address, or not containing the necessary and required information may delay payment. A Contractor whose payments are delayed due to improper invoicing shall make no claim against the Department or the State for late or finance charges.

The Department will make every effort to process payment for the purchase of product within thirty (30) calendar days after the Department has conducted the necessary reviews, inspections and acceptance as described herein.

The department acceptance date will be the valid date for starting the thirty (30) calendar day payment period.

Payment due dates, including discount periods, will be computed from the date of acceptance or date of correct invoice (whichever is later) to the date the Department’s warrant is mailed.

10. ESTIMATED USAGE

The Department anticipates considerable usage under this contract. The Department reserves the right to increase or decrease actual quantities ordered as circumstances may require. No guarantees are made concerning actual purchases under this contract.

11. PRICE REDUCTION

A price reduction adjustment may be offered at any time during the term of a contract and shall become effective upon notice through a written contract amendment.

12. PRICE INCREASE

The Department will review fully documented requests for price increases for any contract which will or has been in effect for twelve (12) months. The request shall be submitted no less than 60 days prior to the contract renewal date. The Contractor shall provide fully documented information which supports the price increase request. Fully documented means that the request shall present detailed information and calculations that make it clear how the claimed increase has an impact on the contract unit prices.

All assumptions regarding cost factors that have an impact on the requested increase shall also be clearly identified and justified. The requested price increase must be based upon a cost increase that was clearly unpredictable at the time of the offer and can be shown to directly affect the price of the item concerned. Any price increase adjustment request prior to the time of contract extension will be a factor in the extension review process. The Department will determine whether the requested price increase or an alternate option, is in the best interest of the State.

13. SAFETY STANDARDS

Items supplied under this contract shall comply with all current applicable safety standards and regulations including the Occupational Safety and Health Standards of the State of Arizona Industrial

Commission, the National Electric Code and the National Fire Protection Association Standards.

14. WARRANTY

The Contractor warrants:

1. That all services performed hereunder shall conform to the requirements of this contract and shall be performed by qualified personnel in accordance with the highest professional standards.

2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship. Any defects of design, workmanship or materials shall be fully corrected by the Contractor (including parts and labor) without cost to the Department.

3. The warranty period on workmanship and materials shall be based on a minimum of twelve (12) months from the time of acceptance by the Department.

15. CURRENT PRODUCTS

All products supplied under this contract shall be in current and ongoing production; shall have been formally announced for general marketing purposes; shall be a model or type currently functioning in a user (paying customer) environment and capable of meeting or exceeding all specifications and requirements set forth in the contract.

16. PRODUCT DISCONTINUANCE

In the event that a product or model is discontinued by the manufacturer, the Department at its sole discretion may allow the Contractor to provide a substitute for the discontinued item. The Contractor shall request authorization to substitute a new product or model and provide the following:

1. A formal announcement from the manufacturer that the product or model has been discontinued.

2. Documentation from the manufacturer that names the replacement product or model.

3. Documentation that provides clear and convincing evidence that the replacement meets or exceeds all specifications required by the original solicitation.

4. Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product or model.

5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product or model.

17. CONTRACT ADMINISTRATION

The Contractor shall contact the assigned Procurement Officer for guidance or direction in matters of contract interpretation or questions regarding the terms, conditions or scope of the contract.

18. NOTICES

All notices, requests, demands, consents, approvals, and other communications which may or are required to be served or given hereunder (for the purposes of this provisions collectively called

“Notices”), shall be in writing and shall be sent by certified United States mail, return receipt requested, or by any other method that provides evidence of receipt, addressed to the party or parties to receive such notice as follows:

a. If intended for the State, to:

Arizona Department of Transportation, Procurement Group 1655 W. Jackson Street, MD 100P

Phoenix, Arizona 85007-3276

b. If intended for the Contractor, to the address as identified in the Contractor’s electronic vendor profile.

Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt. Furthermore, such notice may be given by delivering personally such notice, if intended for the State, to the Arizona Department of Transportation, Procurement Officer and, if intended for the Contractor, to the person named on the Offer & Contract Award of this contract, or to such other person as either party may from time to time furnish in writing to the other by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice is personally delivered to the other party.

19. CANCELLATION FOR POSSESSION OF WEAPONS ON ADOT PROPERTY

This contract may be cancelled if Contractor or any subcontractors or others in the employ or under the supervision of the Contractor or subcontractors is found to be in possession of weapons.

Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrument designed for lethal or disabling use) is prohibited on ADOT property.

Further, if the Contractor or any subcontractors or others in the employ or under the supervision of the Contractors or subcontractors are asked by an ADOT official to leave the ADOT property, they are advised that failure to comply with such a request shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecution under A.R.S. § 13-1502, "Criminal trespass in the third degree; classification."

20. INDEMNIFICATION CLAUSE

To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

21. INSURANCE

The Contractor shall furnish Certificate(s) of Insurance inclusive of the following requirements to the Department. Certificate(s) shall be received within (5) calendar days of notification of contract award by the Procurement Officer.

21.1. Insurance Requirements

21.1.1. Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this

Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

21.1.2. The Insurance Requirements herein are minimum requirements for this

Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

21.2. Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below

21.2.1. Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

General Aggregate $2,000,000

Products – Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $50,000

Each Occurrence $1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions,…