ITB 1189 - Administration Document - Hook-Lift Asphalt Patch Body.docx

STATE OF IDAHO

IDAHO TRANSPORTATION DEPARTMENT

Invitation to Bid (ITB)1189

HOOK-LIFT ASPHALT PATCH BODY

Date of Issuance: 01/26

TABLE OF CONTENTS

ITB ADMINISTRATIVE INFORMATION

ITB Lead:

Kirk Anderson, Grants/Contracts Office Idaho Transportation Department Kirk.anderson@itd.idaho.gov 208.334.8084

Public Bid Opening:

Teams Link:

Phone:

Phone Conference ID:

A public bid opening will be held at 10:30 am MT on the next business day following the closing date to announce the Offerors who have submitted proposals. Offeror’s proposals will not be opened. The bid opening will be conducted virtually, with the access link provided below.

Join the meeting now Meeting ID: 231 560 396 394 22 Passcode: 4MK2MZ9Y

Dial in by phone +1 208-473-7075,,487323888# United States, Boise Find a local number Phone conference ID: 487 323 888#

Submit electronically via IPRO Powered by LUMA (IPRO):

Electronic Submission IPRO Powered by LUMA (hereafter referred to as “IPRO”)

THE ADMINISTRATIVE FEE DETAILED IN SECTION 5.2 OF THE STATE’S STANDARD CONTRACT TERMS AND CONDITIONS WILL NOT APPLY TO THE CONTRACT(S) THAT RESULT FROM THIS SOLICITATION.

PURPOSE

The Idaho Transportation Department (ITD) is seeking bids from qualified vendors to provide a hook-lift asphalt patch body in accordance with the specifications provided in this ITB.

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via IPRO: IPRO Powered by LUMA. The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at IPRO. It is the responsibility of the Bidder to monitor IPRO for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at IPRO to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 5:00 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO as an amendment to this ITB.

ITB Lead: Kirk Anderson Phone: 208.334.8084 E-mail: kirk.andreson@itd.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

BACKGROUND

The Idaho Transportation Department (ITD) is requesting bids from qualified vendors for a Hook-Lift Asphalt Body (Body) in accordance with the specifications contained herein. ITD is responsible for 2,523 lane miles and 1,850 bridges that require regular asphalt maintenance.

SUBMISSION REQUIREMENTS

Required Bid Submission Items.

Your Bid Submission must consist of the following:

Bid Schedule;

Provide your cost information on Attachment 2 - Bid Schedule. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive;

The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO.

Warranty documentation and an acceptance letter agreeing to the warranty provisions of the Hook-Lift Asphalt Patch Body

BID SUBMISSION METHODS

Bids must be submitted electronically via IPRO. Do not fax or e-mail your Bid. The official time, for bid closing purposes, is 5:00 pm Mountain Standard Time date as indicated on ITB 1127 IPRO Powered by LUMA Event Tab.

Electronic Submission via IPRO;

Submitting electronically via IPRO, upload all the Required Bid Submission Items (See Section 5.0) and enter your cost in IPRO for each line item; as the “Total Cost” on the Bid Schedule OR $0.01 as your cost in IPRO;

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB and;

Submitting via IPRO be advised that the Bidder for Bid evaluation and award purposes is the entity profile under which submit in IPRO, which must be the same legal entity presented in your uploaded response materials. If the entity identified on the state supplied Signature Page differs from the entity under which you submit your Bid in IPRO, the information provided on the Signature Page prevails;

It is mandatory to submit your Bid electronically via IPRO, all Bidders participating in a Solicitation issued through IPRO must establish an account in the IPRO system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes and;

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response as the State will print uploaded documents for evaluation in the manner received via IPRO.

TRADE SECRETS

If your Bid contains trade secret information which you have identified, you must also submit a redacted copy of the Bid (in electronic format, with the word “redacted” in the file name) with all trade secret information removed or blacked out; as well as a separate document containing a complete list (per the instructions in the three (3) paragraphs directly below) of all trade secret information which was removed or blacked out in the redacted copy.

Paragraph 28 of the Solicitation Instructions to Vendors describes trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” In addition to marking each page of the document with a trade secret notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Bidders must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret.”

Provide a separate document entitled “List of Redacted Trade Secret Information” which provides a succinct list of all trade secret information noted in your Bid; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure.

AWARD

Award will be made in its entirety to the most responsive and responsible Bidder with the lowest Total Cost, as provided on Attachment 2 - Bid Schedule;

The State reserves the right not to evaluate or make an award in the best interest of the State. The State also reserves the right to make multiple awards per manufacturer, in accordance with Section 67-9211 of Idaho Code in the best interest of the State.

Delivery Delivery is desired one hundred and eighty (180) days ARO. ITD reserves the right to accept delivery dates outside of the desired delivery date if in the best interest of the State of Idaho. The Contractor must deliver and unload the Body to the location listed below by the desired delivery date or the date provided on Attachment 2, Bid Schedule if determined to be in the best interest of the State of Idaho.

The contractor will be responsible for the unloading of the Hook-Lift Asphalt Patch Body. Contractor must have insurance sufficient to cover any damage caused to the Hook-Lift Asphalt Patch Body during shipping, up to and including coverage to replace the entire Hook-Lift Asphalt Patch Body if needed.

Delivery must be made Monday through Thursday, 8:00 am to 3:00 pm local time excluding state of Idaho recognized holidays (https://idaho.gov/government/state-holidays/), unless otherwise approved in writing by ITD.

You must indicate on Attachment 2 – Bid Schedule in the space(s) provided, the time required to make delivery after the receipt of an order (ARO). Failure to make an entry in the space(s) provided may cause the submitted bid(s) to be considered non-responsive.

In the event that all of the submitting vendors are not able to meet the desired delivery date range as indicated in Section 9.1, award may be made to the submitting vendor with the lowest cost and earliest delivery date as populated on Attachment 2, Bid Schedule determined to be in the best interest of the State of Idaho.

1.1 Deliveries of the Body must be made, FOB Destination, to the location provided below, within ninety (90) calendar days after receipt of ITD approved proof.

Delivery Location:

Idaho Transportation Department - HQ 3311 West State Street Boise, ID 83703

Acceptance Upon receipt, the Body will be inspected by the ITD Facilities Manager or designee to ensure the minimum specifications are met. Acceptance will occur within fourteen (14) calendar days after delivery. If ITD determines that Body is not in accordance with the specifications, ITD will provide the Contractor with a written notification. The Contractor must pick up, correct any discrepancies, and re-deliver to ITD specified location at the Contractor's expense. The timeframe for completion of corrective action must not exceed thirty (30) calendar days;

In the event the specifications are not met, ITD reserves the right to reject the Body via email notification and;

With ITD approval, the Contractor may correct discrepancies on-site at ITD’s location in lieu of pick-up and return shipping. The Contractor will be responsible for providing all labor, tools, parts, supplies, and worksite clean up to make any necessary corrections. The timeframe for corrective action will still be as identified above.

brand names The brand names specified in this solicitation are intended to be descriptive (but not restrictive), indicative of the quality and characteristics of items that meet the minimum requirements. Bidders offering an “equal” must include documentation which demonstrates, to the State’s satisfaction, that the offered item(s) meets the requirement of the solicitation;

If your product offered does not meet any of the specifications, Bidder must provide an explanation of how the product offered is functionally equivalent to the stated specification as well as descriptive literature that supports the product offered;

This explanation must be declared during the question period of this event as stated in Attachment 1 - Bidder Questions of this ITB. State acceptance will be in the form of an amendment, and;

In the event documentation is not satisfactory, the State reserves the right to seek clarification from the Vendor. Failure to provide satisfactory documentation or a clarifying response to the State may eliminate the Vendor from further consideration.

Authorized Distributor/Manufacturer Submitting vendors must be an authorized distributor or manufacturer of the Hook-Lift Asphalt Patch Body offered. An authorized distributor shall be defined as a company or organization that has a written agreement with the manufacturer to sell or service its products. Bids from Contractors who are not an authorized distributor by the manufacturer shall not be considered.

ITD reserves the right to request authorized distributor documentation from the submitting vendors. Failure to provide submitting documentation as requested will result in a non-responsive bid.

Manuals The Contractor must provide the following items at the time of delivery. Stated items must cover all systems to include drawings, schematics, applicable technical information, and component parts;

One (1) service manual per equipment – PDF format;

One (1) parts manual per equipment – PDF format;

Make and Model of all installed components and applicable manuals;

Complete, fully illustrated parts listing for all Contractor installed components and;

All electrical accessory circuits must have its own circuit diagram, showing the complete power and ground sides, routing, wire color and gauge, pin numbers, switches, breaker or fuse location and/or number, and specific ground point locations.

Training The Contractor must provide an authorized technician, at the Hook-Lift Asphalt Body final destination located at 5151 South 5th Street, Pocatello, Idaho 83205, within fourteen (14) calendar days upon acceptance, to provide training for operations, maintenance, safety, etc. of the Body. Training must include but not be limited to Set-up, initial start-up, operation of the Body, and maintenance and servicing.

Training must take place Monday thru Thursday, 8:00 am to 5:00 pm local time, excluding state of Idaho recognized holidays (https://idaho.gov/government/state-holidays/).

The technician must be versed in all aspects of the Sealers and able to make any necessary field adjustments to the Body during the training period. Training must be no less than four (4) hours at the delivery location.

The Contractor must coordinate training with ITD’s contact for delivery.

Warranty Manufacturer standard warranty must cover the Hook-Lift Asphalt Patch Body for a minimum period of two (2) years after Acceptance. Manufacturer standard warranty and extended warranty must cover paint defects, with the exception of normal wear and tear under normal working conditions.

Vendor must provide Warranty documentation at the time of delivery. The Hook-Lift Asphalt Patch Body will not be accepted without this information.

Warranty must include all tools, parts, equipment, labor, travel and freight to repair or replace a defective warranted item, which may also include the entire Hook-Lift Asphalt Patch Body. All warranty work must be completed within thirty (30) calendars days after receipt of written notice from ITD. If approved in writing by ITD, the Contractor may perform warranty work on-site, at the Delivery location identified in Section 7, in lieu of pick-up and return shipping. The Contractor shall be responsible for all travel costs and work-site clean-up associated with any necessary repairs. The timeframe for corrective action will still be as identified above. If the Contractor is unable to repair the Hook-Lift Asphalt Patch Body on-site within thirty (30) calendars days, or if the Hook-Lift Asphalt Patch Body continuously malfunctions and causes it to be out of service on multiple occasions, ITD reserves the right to require the Contractor to pick up, repair, and return the Hook-Lift Asphalt Patch Body at no additional cost to ITD.

specifications These specifications are the minimum mandatory specifications that your Bid must meet in order for the State to consider your Bid for award. Hook-Lift Asphalt Patch Body must be completely assembled when delivered to the ITD location listed in Section 9 Delivery (above), with all accessories and equipment in place or furnished. All equipment and accessories must be installed as per the manufacturer’s specifications, and the Hook-Lift Asphalt Patch Body must be serviced and ready for continuous operation at the time of delivery.

The Hook-Lift Asphalt Patch Body Unit must be designed and built to work on ITD’s existing Stellar Industries Model 138-18-40 Hooklift System. Hook lift system is not required as part of this bid. Hook-Lift Asphalt Patch Body must be fully assembled and operational at time of delivery to include but not limited to the options and features detailed below.

Powder Coat:

Hook-Lift Asphalt Patch Body must be cleaned and powder coated by the manufacturer’s process for the application. The finish coat(s) must be a minimum dry thickness of four (4) mil total. The Hook-Lift Asphalt Patch Body must be smooth and free of rust, runs, overspray, peeling, weld splatter, and other defects.

Color:

Patch Body – Black.

Hopper:

Capacity – Six and a quarter (6.25) cubic yard;

Construction – Entire container must be double steel jacket with a two (2) inch high temperature insulation. Fifty (50) degree side and end wall slope. Sides and floor must have two (2) inch cavity for heat transfer fluid to properly retain heat.

Top Hopper Doors:

Construction – Hydraulically operated bio-fold doors. Double steel jacket construction with a one (1) inch high temperature insulation. Hinged so that in the open position the loaded material will be funnel toward the center of container. Hinges must have guards to keep asphalt out of the hinge.

Cylinders:

Heat shielded and high temperature rated door cylinders.

Hydraulically Driven Auger:

Must have controls for forward/reverse with two (2) settings, one (1) normal dispense and one (1) hopper unload;

Hydraulically Driven Agitator:

Length of full hopper;

Controls –Forward/reverse switch must be momentary.

Hydraulic System Power Unit:

Type – Twenty-four (24) HP Kubota D1105 diesel or equal;

Controls – Deep Sea Electronics (DSC) controller or equal;

Fuel Tank – Thirteen (13) gallons;

Hoses – All hoses rated above three thousand (3,000) PSI working pressure;

Pump – Variable displacement piston pump coupled to power unit;

Reservoir;

Capacity –Twenty-five (25) gallon;

Construction – Vented heavy duty steel must be powder coated and easily removable. Must have sight gauge and temperature gauge. Must have a gate valve at the outlet supply line;

Filter/Strainer – One hundred and fifty (150) micron serviceable sump strainer and ten (10) micron return filter.

Oil Cooler:

Must have hydraulic oil cooler with a thermostatically controlled 12 volt fan and shroud.

Valves:

Type – Two-way variable flow valves with built-in adjustable relief and main relief valve;

Operation – Must operate auger, agitator, doors, lift platform, auxiliary tool circuits, tack pump, arrow board, trash bins and have a spare circuit. All valves must be labeled as to their function.

Controls:

Block – Must be easily accessible for diagnostic and troubleshooting;

Location – Curb side on rear of unit in a protected and sealed enclosure.

Digital Gauges:

Must have heat transfer fluid temp, tack temp, PTO engagement, current temperature setting and active heating system indicator.

Emergency Stop:

Manual “E-Stop” type. Must be located at rear of unit to safely shut down all functions on the unit in the event of an emergency. Auger and agitator must automatically shut down when doors are in the open position.

Switches:

Rocker style. Switches, as well as their responding wiring must be labeled as to their function.

Heating System:

Type – Radiant oil heating. Propane burner to heat transfer fluid during operation. Burner to fire into retort tube that runs entire bottom length of body and return to exhaust out the rear. Tack and heat transfer fluid must be able to be heated at different temperatures and maintain temp settings;

. Burner – Three hundred and fifty thousand (350,000) BTU single propane burner;

. Propane Tank – Thirty (30) gallon;

Transfer Fluid Tank – One hundred and sixty five (165) gallon;

Electric Heat – Must utilize on shore two hundred and forty (240) volt power for overnight heating.

Cleaning Systems:

Release Agent Fluid Tank– Ten (10) gallons;

Hose Reel – Twenty-five (25) foot hose on an auto-retractable reel with spray nozzle for cleaning tools and chute. Reel must be protected and concealed with access doors at the rear of unit;

Hopper Spray System– Must have spray bar system inside hopper to safely coat hopper body with release agent.

Hopper Spray Tank:

Twenty (20) gallons.

Emulsion System:

Tank – One hundred and twenty (120) gallons, powder coated steel with one (1) inch of high temperature insulation surrounding the tank. Must be equipped with suitable filling and cleaning orifices and the necessary valves for rapid flushing of the hose and spray wand. Must have the proper plumbing to enable the operator to rapidly switch from emulsion to cleaning fluid for flushing the emulsion lines after use.

Pump:

Asphalt pump must be actuated by weatherproof switch located on spray wand handle. Must be reversable and tied into cleaning fluid tank.

Heating System:

Must be equipped with a heat transfer unit capable of heating to one hundred and fifty (150) degrees Fahrenheit.

Electric Heat:

Must utilize on shore two hundred and forty (240) volt power for overnight heating.

Controls:

Must have precise digital temperature control and readouts.

Spray Wand;

Must be five (5) feet in length with a swivel handle that will not transfer heat from the wand and equipped with a dead man shut off valve to eliminate dripping and accidental spray.

Hose Reel:

Heavy duty twenty-five (25) foot hose on a retractable reel. Reel must be protected and concealed with access doors at the rear of unit.

Compactor Lift Platform:

Hydraulically actuated lift platform located at the left side, rear of the unit. Platform constructed of three sixteenths (3/16) angle iron. Must have long handle tool storage and ability to lock in compactor and provide storage for breaker.

Water Tank:

Fifteen (15) gallon. Gravity fed with filler cap and on/off valve.

Discharge Chute:

Thirty (30) inch fold down discharge chute with ninety (90) degree side to side movement.

Waste Tank:

Ten (10) gallon drip pan/waste oil combination container that is easily accessible and has necessary valves for draining and cleaning with one (1) inch minimum drain valve.

Propane Hand Torch:

. Type – Propane hand torch must have a pilot with a needle valve control and capable of two hundred thousand (200,000) BTU.

Hose Reel:

Heavy duty twenty-five (25) foot hose on a retractable reel. Reel must be protected and concealed with access doors at the rear of unit.

Jack Hammer:

Type – Sixty seven (67) pound hydraulically powered;

Hose Reel – Heavy duty twenty-five (25) foot hose on a retractable reel. Reel must be protected and concealed with access doors at the rear of unit;

Bits – Must include three (3) bits. One (1), four (4) inch spade bit. One (1), bit with eight (8) inch X eight (8) inch X one half (½) inch thick plate for compaction. One (1), one half (½) inch chisel bit.

Compactor:

Type – Five (5) HP. Nineteen (19) inch x twenty-three (23) inch plate. Wacker Packer 1550AW gasoline or equal;

Weight – One hundred and ninety (190) pounds.

Arrow Board:

Dual-sided Ecco or equal. Must be hydraulic cylinder lifted with a thirty-six (36) inch stroke.

Lights:

Compliant with all State of Idaho requirements and Federal Motor Vehicle Safety Standards (FMVSS). All lights must be rubber grommet mounted in weatherproof enclosures with watertight connections for quick and easy replacement;

Stop, Turn, and Taillights – Four (4), red LED type, six (6) inch oval combination stop, turn and taillight heads;

Identification Bar – Three (3) red, LED type, 2 1/2 in. round lights;

Side Clearance Lights – Two (2) inch red with two (2) inch grommet;

Work Lights – Four (4) total. Two (2) on rear of unit, rear facing, as high and as far apart as possible. Two (2) on curb side, as high and as far forward and rearward as possible.

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 2).

BILLING PROCEDURE

The Contractor must submit an invoice to ITD to the location provided on the purchase order within fourteen (14) calendar days after acceptance with the following information. Failure to include any information mentioned below will result in the withholding of payment, without penalty, until a corrected invoice has been submitted:

The Contractor must provide the following information with each invoice:

IPRO contract number, Printing of Idaho Driver’s Manuals and Agency PO number;

Identification of billing period;

Total amount billed for the billing period;

Detailed description of services/products provided and associated number of hours/dollar amounts, as appropriate and;

Name of authorized individual and contact information for Contractor.

Invoices and reports are to be submitted to:

HQAP@itd.idaho.gov And HQFLEET@itd.idaho.gov

INVOICE AND PAYMENT

Payment will be made in accordance with Idaho Code 67-2302 https://legislature.idaho.gov/statutes after receipt of the Contractor's itemized invoice and is accepted by ITD. Total payments under this Contract shall not exceed the Total Price provided on Attachment 2 - Bid Schedule unless otherwise modified in an amendment to this Contract.

SUBCONTRACTORS

No subcontractors we be allowed for the services preformed within this Contract without prior written permission from the Idaho Transportation Department and;

See Idaho Standard Terms and Conditions Section 1.13 on the LUMA Attachment Tab.

INSURANCE REQUIREMENTS

Within five (5) days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful Bidder or Offeror will provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the five (5) business day period may be cause for your Bid or Proposal to be declared non-responsive or for your Contract to be cancelled and;

See Attachment 3 – Insurance Requirements on Attachment Tab in LUMA.

Termination and Cure See section 1.4. State of Idaho Contract Terms and Conditions in the Attachment Tab in IPRO Powered by Luma.

RESPONSIBILITIES PURSUANT TO IDAPA 38.05.01.081

The ITB Lead may, in the State’s sole discretion, require the apparent lowest responsive Bidder’s to provide documentation to demonstrate its responsibility. The ITB Lead may request documentation including, but not limited to credit or financial reports, and references. Failure to provide requested documentation may result in the Bidder’s being deemed non-responsible. Nothing herein shall prevent the State from using other means to determine Bidder’s responsibility.

RECORDS MAINTENANCE

Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

AUDIT RIGHTS

The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

TARIFF COSTS

If the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law, imposes an import duty or tariff (a “tariff”) on an imported good that results in an increase in Contractor’s costs to a level that renders performance under this Agreement impracticable, Contractor may be permitted to add up to fifty percent (50%) of the actual cost it incurs due to tariffs to its invoices submitted to the State, subject to the following conditions:

Contractor shall notify the Agency of the maximum cost of tariffs and obtain the Agency’s written approval. The Agency shall not be obligated to pay costs associated with tariffs for which the Agency did not provide prior written approval, or which exceed the approved maximum. Contractor may provide notification of maximum tariffs on a case-by-case basis (for each order) or may provide blanket or time-bound notification (e.g., maximum for any orders placed for the next six (6) months);

Contractor may only invoice for actual costs incurred due to tariffs, even if that amount is less than the agreed upon maximum;

Contractor shall provide evidence documenting the actual cost and applicability of tariffs, which may include country of origin, order/delivery dates, official tariff rates, declared value, etc;

Any material misrepresentation of fact by Contractor relating in any way to an increase in pricing due to tariffs is a default under this Contract and shall be subject to the remedies set forth herein, in addition to any other claim or remedy available to the State. Furthermore, any material sums due to tariffs shall be fraud against the taxpayers of the State and grounds for the Contractor to be deemed non-responsible and/or disqualified from participation in future solicitations administered by the State and;

Contract pricing will be adjusted via an amendment to the Contract.

ITB 1189 Hook-Lift Asphalt Patch Body

ATTACHMENT 1-BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regards to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

3. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

ITB1189 Hook-Lift Asphalt Patch Body Page 12

ITB 1189 – Hook-Lift Asphalt Patch Body Bidders Questions

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