Specifications~6.docx

Specification for the purchase of Fecon CEM36 Mulching head or approved equal

This specification is intended to describe and to set minimum acceptable standards for a Fecon CEM36, or approved equal, excavator mounted mulching head, as specified. Required options are included in this specification.

The mulching head 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. But not limited to, performance in applications such as brush clearing and mulching.

All equipment supplied shall be new, unused, standard, current production models of a manufacturer with experience in the production of mulching heads 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.

The manufacturer must have a long term (5 years or longer) full service, 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 bid.

This is a replacement for a current mulching head in our fleet. As such, a coupler from excavator to mulching head is not required to be bid as we will be reusing our current coupler.

The bidder shall provide 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. This includes all cables, fittings, couplers, brackets, and adapters, etc. Quote 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 Flow range shall be 17 to 40 gallons per minute

1.1.2 Hydraulic motor shall be variable displacement rated to 6000 psi

1.1.3 Fecon FGT rotor or approved equal

1.1.4 Cutting width shall be 36 inches

1.2 BASIC DIMENSIONS AND WEIGHTS:

1.2.1 Maximum weight shall be less than 1500 pounds

1.2.2. Overall width shall be less than 50 inches

2.0 NON MANDATORY OPTIONS

Proposer shall include any and/or all options or additional equipment options that might enhance the utility of the mulching head and/or attachments. Such items may include, but not limited to, rotor type, tooth type, etc.

3.0 MANUFACTURING UPDATES

The Contractor shall provide to ODOT monthly written status reports summarizing the manufacturing process of all equipment on order. Written manufacturing status reports must be received by ODOT by the 15th day of the month, to begin the month following receipt of order. Written manufacturing status reports must be submitted to the attention of the ODOT Fleet Operations Coordinator as follows:

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.

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 ODOT purchase order number.

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

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

8.4 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.

8.5 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.

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

8.7 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.

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

8.9 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 mulching head must be for a period of not less than 1 year.

9.8.1 The warranty excludes consumables such as bits, belts, and ground engagement tools, 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.

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.

9.11 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.