Specifications~4.docx

Specification for the purchase of Small Oil Distributor

The Oregon Department of Transportation, Fleet Operations and Services has an ongoing need to establish a statewide, long term, Price Agreement that can be utilized for the purchase of LeeBoy L300 and LeeBoy L600, or approved equal, skid mount and trailer mount Oil Distributors.

The Oil Distributor will be used statewide at elevations from near sea level to 8000 feet ASL, and in all weather conditions. The units must remain operational under these conditions.

These units shall be equipped, configured and used for highway maintenance operations, including but not limited to, performance in such applications such as asphalt patching.

All equipment supplied shall be new, unused, standard, current production models of a manufacturer with experience in the production of Oil Distributors and their components. All workmanship, materials, and installation procedures shall be of good quality and design. All equipment supplied shall conform to all applicable OSHA, MSHA, and EPA regulations and to all SAE, ANSI and other industry related standards in effect at the time of delivery. This will be a long term Price Agreement and will allow for future model changes, upgrades, industry changes and technological advances.

The manufacturer must have a long term (5 years or longer) full service dealer, including sales and service dealer within a 60 mile radius of ODOT Fleet Operations, 455 Airport Rd SE, Salem, OR 97301. Proof of this must be submitted with bid.

Additional available options and sizes may be offered.

All components, hardware, fluids and parts necessary for proper assembly, installation, and operation of the Units, even though certain items may not be specifically described in this bid opportunity shall be included. This includes all cables, fittings, couplers, brackets, and adapters, etc. Pricing must include the cost of such components, hardware and parts.

1.0 DETAILED SPECIFICATIONS:

Unless particular Specifications under this section or the Special Contract Terms and Conditions require otherwise, the following default Specifications apply:

1.1 DETAILED SPECIFICATIONS:

1.1.1 The oil tank shall be either 300 or 600 gallon. Insulated tank option must be listed on the pricing sheet.

1.1.2 The oil tank shall be heated by a propane heater. The burner shall be 300,000 BTU minimum. The propane tank shall be a minimum 40 lb size. Propane tank must be evacuated and filled prior to delivery. All propane lines and fittings must be tested for leaks prior to delivery.

1.1.3 There shall be a thermometer to measure internal tank temperature. The gauge shall indicate 50 to 300 degrees Fahrenheit or the operational temperature range of the equipment.

1.1.4 Tank shall be outfitted with a 20 inch diameter manhole with locking lid.

1.1.5 The system shall have a steel applicator wand with 40 feet of oil resistant hose on a retractable hose reel. The wand shall have a replaceable spray nozzle and an on/off valve.

1.1.6 The system shall have a valve to facilitate off-loading a small amount of solvent into a container for manual application when required.

1.1.7 Solvent tank shall be 7 gal minimum with a suck back valve. The solvent tank shall be plumbed for flushing the asphalt oil pump and lines.

1.1.8 Asphalt pump must be designed for asphalt or emulsion oil and capable of 7 GPM minimum. Pump must be powered by either a gas or diesel engine.

1.1.9 An adjustable 12 foot pattern spray bar with in-cab controls must be bid on the pricing sheet.

1.1.10 Units will be equipped with electric, 120 volt, 1500 watt immersion heater for overnight heating.

1.1.11 All electrical cords shall be sheltered, enclosed or provided rain tight.

1.2 BASIC DIMENSIONS AND WEIGHTS (SKID MOUNT):

1.2.1 The L300 size must mount in a 72 inch wide by 105 inch deep bed.

1.2.2. The L600 size must mount in a 72 inch in wide by 122 inch deep bed.

1.2.3 The overall width must not exceed 80 inches.

1.2.4 The overall height must not exceed 60 inches.

1.2.5 The skid (unloaded, no material) must have the ability to be lifted by slings for installation into a truck bed.

1.3 BASIC DIMENSIONS AND WEIGHTS (TRAILER):

2.0 NON MANDATORY OPTIONS

Include any and/or all options or additional equipment options that might enhance the utility of the Oil Distributor and/or attachments. Such items may include, but not limited to, engine, fuel types, burner fuel systems, alternative controls, etc.

3.0 MANUFACTURING UPDATES

If by Email: Marvin.Emerson@odot.state.or.us Contractor agrees that time is of the essence for Contractor’s performance obligations under the Contract. The Contractor shall notify ODOT immediately, in writing if at any time Contractor finds that delivery cannot be completed as required. Upon receipt of such notice from Contractor or upon Contractors failure to deliver Goods within the timeline as specified, ODOT reserves the right to cancel the order and make purchases from another source, without further obligation to the Contractor.

4.0 TRAINING

The price provided for training must include all costs of training, including but not limited to, factory service representative’s salaries and fees, travel, lodging, meals, training/demonstration materials, etc.

Operator/Maintenance Orientation Training Contractor shall provide the services of an experienced trainer for a minimum of 2 hours of training to cover all features and options of the provided equipment. The training must cover all aspects for the safe and efficient operation of the equipment for the typical job assignments and work environments that are most common for transportation maintenance activities. (Note: Training could be at ODOT locations in Salem, Bend, La Grande or other maintenance section compounds.)

5.0 RESERVED

6.0 DELIVERY REQUIREMENTS

6.1 DELIVERY DATE REQUIRED BY ODOT: Delivery must be completed, including all Back Orders, within 150 days ARO. All shipping and handling charges are to be paid by Contractor, unless specified otherwise in the Price Agreement. Early delivery is encouraged.

6.1.1 The Contractor shall notify ODOT, in writing, within 5 business days of receipt of Purchase Order if delivery cannot be completed as required. Upon receipt of such notice from the Contractor, ODOT reserves the right to cancel the order and make the purchase from another source, without further obligation to the Contractor.

6.2 DELIVERY TIME: Delivery is accepted Monday through Friday, excluding weekends or legal holidays as recognized by the State. Delivery hours are 7:30 AM to 3:00 PM. Any exception to this time frame is at the discretion of ODOT.

6.3 DAMAGED SHIPMENT: It is the Contractor's sole responsibility to insure that the shipment arrives at its destination undamaged. If there is any damage to goods upon delivery, ODOT reserves the right to return the shipment in whole or in part at the Contractor's expense. If the Contractor is unable to supply a replacement shipment within the allotted period of time (Refer to delivery schedule), ODOT may cancel the order in whole or in part and purchase needed items from another source.

7.0 INSPECTIONS/ACCEPTANCE:

7.1 PRE-DELIVERY INSPECTION: ODOT may request to have a pre-delivery inspection at Contractor's location to insure specification compliance PRIOR TO DELIVERY.

7.2 DELIVERY INSPECTION: ODOT may reject any shipment or cancel any Purchase Order which does not meet all of the requirements of the specifications and warranties. ODOT will have 14 calendar days from date of delivery of the entire order within which to inspect and accept or reject the Goods. If the Goods are rejected, ODOT will provide Contractor with written notification of rejection. Notice of rejection will include itemization of apparent defects, including but not limited to (i) discrepancies between the Goods and the applicable Specifications or warranties (including variance from sample characteristics where samples or prototypes have been provided), and (ii) other apparent defects in design, materials, or manufacture, or (iii) otherwise nonconforming Goods (including late delivery). Notice of rejection will also indicate whether cure will be allowed.

7.3 CURE: If ODOT elects to allow cure, Contractor shall complete cure within 14 calendar days of date of notice of rejection and opportunity to cure (the "Cure Period"). If a missing part, component, or accessory cannot be provided and installed within 14 calendar days, ODOT will have the right to buy the item or part from another source and bill the Contractor or deduct the cost from Contractor's invoice for the Goods, including costs of installation. With regard to defective Goods, ODOT may elect to have the Contractor deliver substitute Goods within the Cure Period that comply with the Price Agreement Specifications and warranties. Failure to complete cure within the Cure Period constitutes an event of default.

7.4 REMOVAL REIMBURSEMENT: If the Goods are rejected or acceptance is revoked, the Contractor shall refund any Contract payments that have been made with regard to such Goods, and, at Contractor's sole cost and expense, remove the Goods within 14 calendar days of date of notice of rejection or revocation of acceptance. Contractor shall return all Agency owned items to Agency in like condition initially received.

Nothing in this Section 7.4 in any way affects or limits ODOTs rights as buyer under UCC, including the rights and remedies relating to rejection under ORS 72.6020 and revocation of acceptance under ORS 72.6080.

8.0 DELIVERY COMPONENTS:

The following items (collectively referred to as "Delivery Components") must be delivered with the Unit.

8.1 A dealer invoice with Oil Distributor VIN (trailer mount) and ODOT purchase order number.

8.2 A manufacturer's statement of origin (trailer mount).

8.3 A copy of all product information and instructions supplied by the manufacturer.

8.4 All manufacturer's warranties, evidencing proper transfer to the State.

8.5 Contractor shall provide 1 printed copy of current operator's manual and all other operator information and instructions available from the manufacturer with each unit ordered.

8.6 Contractor shall provide 1 copy of current shop repair manuals, including electrical and hydraulic schematic diagrams, covering all systems, components, and optional equipment with each unit ordered.

8.7 Contractor shall supply 1 copy of the current parts catalog covering all components and optional equipment available from the manufacturer with each unit ordered.

8.8 Shop repair manuals and parts catalogs may be combined. Operator manuals provided must be in hard copy format only. Service, parts and repair manuals must be provided in digital format.

8.9 All hard copy manuals and catalogs must be individually assembled and bound.

8.10 Extra manuals must be bid as separate line items.

9.0 WARRANTIES:

9.1 AUTHORITY: BINDING OBLIGATION: Contractor represents and warrants that Contractor has the power and authority to enter into and perform the Contract, and that the Price Agreement, when executed and delivered, is a valid and binding obligation of Contractor enforceable in accordance with its terms.

9.2 WARRANTY ON MATERIALS, DESIGN, and MANUFACTURE: Contractor warrants that all Goods are new, unused, current production models, fit for their intended purpose, and free from defects in materials, design, and manufacture for the duration of the applicable manufacturer warranty periods, any portion of the standard warranty on any of the components that exceed these requirements apply. Where Specifications have been made a part of the Price Agreement, Contractor further warrants that all Goods conform to the Specifications and meet or exceed safety and quality standards established in the Price Agreement.

9.3 WARRANTY ON SERVICE STANDARDS: Contractor warrants that all Services, where provided, are in accordance with the best commercial practice, by properly licensed or certified individuals, and that only materials and workmanship of good quality are used in the performance of the Price Agreement.

9.4 WARRANTY OF SAFETY AND HEALTH REQUIREMENTS: Contractor warrants that the Goods comply with all applicable federal and State health and safety standards, including but not limited to, Occupational Safety and Health Administration (OSHA) and Oregon Occupational Safety and Health Administration (OROSHA).

9.5 MANUFACTURER WARRANTIES: Contractor shall have all manufacturer warranties covering the Goods and component parts, where applicable, transferred to ODOT at time of delivery at no charge.

9.6 WARRANTY OF TITLE: Contractor warrants that all Goods are free and clear of any liens or encumbrances, that Contractor has full legal title to the Goods, and that no other person has any right, title or interest in the Goods which are superior to or infringe upon the rights granted to ODOT hereunder.

9.7 WARRANTIES CUMULATIVE: The warranties set forth in this SECTION 10 are in addition to, and not in lieu of, any other warranties provided in the Price Agreement. All warranties provided in the Price Agreement are cumulative, and shall be interpreted expansively so as to afford ODOT the broadest warranty protection available.

9.8 BASIC WARRANTY: The basic comprehensive warranty on the Oil Distributors must be for a period of not less than 1 year. The basic warranty on the hydraulics must be for a period of not less than 2 years. The basic warranty on the Engine/ Power Train must be for a period of not less than 2 years. Any portions of the standard warranty on any of the components that exceed these requirements apply. Note: Full Service options take precedence.

9.8.1 The warranty excludes consumables such as lamps, lights, belts, ground engagement tools, batteries and tires, except as warranted by the manufacturer of said items. It also excludes damage to the unit due to accident, misuse, abuse, vandalism or operator or maintenance neglect.

9.8.2 Upon Contractor notification and if the unit is urgently needed, the State may elect to have equipment transported by ODOT to the Contractor's authorized repair center for warranty work. The Contractor shall reimburse ODOT for all costs thereof.

9.8.3 The Contractor shall be responsible for all warranty adjustment expenses. Services / costs in excess of published flat rate may be negotiated. Applicable published flat rates must be provided to ODOT prior to warranty work.

9.8.4 If the Contractor is unable to finish warranty repair within 14 calendar days, ODOT reserves the right, to charge the Contractor for the loss of use, starting on the 15th calendar day. Charges shall be based on the FHWA approved annual allocation rate for the equipment class. Cost to be based on monthly allocation rate at that time, divided by days of the month. The current cost is $50.00 per day. Note: The FHWA approved allocation rate is adjusted annually.

9.9 CONTRACTOR WARRANTY PERIODS: Warranty periods for Contractor's warranties on materials, design, and manufacture will not start until the date the Unit is actually put into service, as established by ODOT's business records.

9.10 WARRANTY COMPUTER SOFTWARE: Contractor warrants that the engine diagnostic software does not infringe, nor ODOT's use of such software infringe, any license, copyright, patent, trade secret, or other proprietary right of any third party, and Contractor shall provide indemnification to ODOT against any such infringement of third party rights.

9.11 WARRANTY REPAIRS: If any Unit or component thereof should prove defective in workmanship, design, or materials during the relevant warranty period, the manufacturer or Contractor shall promptly repair or replace the Unit or component ('Warranty Repairs") at no cost to the State, including parts, labor, and expenses of any kind (transportation and shipping costs, insurance, meals, accommodations, travel time, mileage, etc., to job sites) ("Warranty Costs"). Contractor shall be responsible for respond to all necessary Warranty Repairs within 48 hours of notice from ODOT. Such notice may be made by phone, fax, e-mail or other means reasonably calculated to reach Contractor. All warranty repair work will conform to ODOT Workmanship Standards.

9.11.1 ODOT REPAIR OPTION: With Contractor's prior approval, not to be unreasonably withheld, ODOT may perform Warranty Repairs. In such case, ODOT will hold the failed parts for the Contractor's inspection, together with sufficient documentation to verify the repairs. Contractor shall reimburse ODOT for all Warranty Costs incurred by ODOT in making such repairs.

9.11.2 EMERGENCY REPAIRS: In an emergency, if the Contractor is unable to furnish a service representative and parts to the on-site location of a Unit within the time frame required by ODOT under the circumstances, ODOT may elect to have emergency Warranty Repairs completed by other means and hold the failed parts for the Contractor's inspection, together with sufficient documentation to verify the repairs. The Contractor shall reimburse ODOT for all Warranty Costs incurred by ODOT in completing such emergency repairs.