TE25003 Exhibit E Special Terms and Conditions.doc

Special Terms and Conditions Vehicle & Equipment Bidding Requirements

1.1 General:

Equipment offered for this contract must be new (unused) and a current production model that require no manufacturer or dealership modifications. Units may be sold, prepared, and delivered to WSDOT, or its designated agent, by a dealer who is factory franchised for the specific makes and models of equipment offered.

All accessories and features listed herein shall be those supplied by the Original Equipment Manufacturer (OEM). Any accessories, features, or operational performance required by FMVSS, Washington State Motor Vehicle Laws, OSHA or WISHA laws or mandates, that apply to the equipment being bid, shall be provided by the manufacturer. All units associated with these purchases shall be of the same design and quality.

Failure to comply with the any specified requirement of the contract constitutes a breach of contract. WSDOT may cancel all or any part of this contract, without incurring any costs whatsoever, including delivery, shipping, or fees.

1.2 Specification Clarification and Changes:

Clarification for any item in these specifications may be obtained from the WSDOT Transportation Equipment Fund (TEF) Contract Office.

Contracts for the purchase of WSDOT owned equipment are official documents that carry legal implications. After award, there shall be no deviations from any requirements stated in the contract during the manufacturing or assembly process of the equipment identified herein, without a contract change amendment by the WSDOT TEF Contract Office.

1.3 Equipment Demonstration:

Prior to a contract award, and during the bid evaluation process, Bidder(s) may be required to demonstrate the performance capabilities of the equipment offered in their bid.

Parties shall schedule performance demonstration(s) within a reasonable timeframe (fourteen (14) calendar days) after a demonstration request. Bidder(s) shall make every effort to conduct all demonstration(s) within Washington State. Bidder is responsible for their costs associated with the demonstration(s).

The Bidder(s) will coordinate with the Contract Manager listed on the front page of the solicitation and the WSDOT, WSDOT TEF Contract Office to establish the location, date and time of the performance demonstration(s).

1.4 Delivery; and Acceptance:

WSDOT will require the successful vendor to provide the “Supplier Confirmation of Specification Compliance” at time of delivery. The “Supplier Confirmation of Specification Compliance” is required to ensure the vehicle meets the specifications and workmanship is satisfactory to WSDOT Technical Specifications. Final acceptance will depend on the striper truck conforming to the agreed build scope in the contract. Suppliers are responsible for ensuring that all equipment purchased, pursuant to this contract, complies with all of the requirements and specifications listed in the contract. If specifications and workmanship is not satisfactory, WSDOT will not accept final delivery and will delay payment. Supplier shall give one (1) weeks’ notice if WSDOT staff will inspect the equipment at the site of build. A WSDOT representative will inspect the vehicle for final acceptance as well.

Supplier(s) shall provide the following documents for review at time of delivery for each item:

1. The manufacturer’s line production sheet stating the equipment serial numbers and listing all of the equipment’s components.

2. Completed Invoice

3. Supplier Confirmation of Specification Compliance

4. The Manufacturer’s Statement of Origin (MSO)

5. Axle weight slips (for all units with axles)

6. A completed Washington State title application showing both the legal and registered owner as; Washington State Department of Transportation 7345 Linderson Way S.W. Tumwater WA 98501. The mailing address is P.O. Box 47357, Olympia WA 98504. Out of state Supplier(s) may contact WSDOT TEF Contract Office to obtain a Washington State title application.

Suppliers must notify WSDOT via email (TEFBids@wsdot.wa.gov) forty-eight (48) hours prior to equipment delivery. This is to ensure that a WSDOT employee is available to sign and date the bill of lading (or other type delivery document) and receive the above-mentioned documents, to indicate WSDOT has accepted delivery of the equipment.

When the unit is ready for final delivery, it may be delivered to WSDOT facilities (as specified on the purchase order) between the hours of 7:00 am and 3:00 pm, Monday through Friday. Deliveries shall not be made during other hours, on weekends or on legally recognized state and federal holidays.

WSDOT will not accept any responsibility for equipment that has been delivered to or left at a WSDOT facility, unless a WSDOT employee has signed and dated the bill of ladening or other delivery documents indicating WSDOT has accepted delivery of the equipment.

Supplier shall be solely liable for any equipment damages that occurred prior to WSDOT accepting delivery of the equipment.

1.5 Supplier Shall Meet the Delivery Terms of this Contract:

Should the Supplier become aware, in advance of an equipment delivery date, that the Supplier will be unable to meet the contract delivery date; the Supplier may make a written request to the WSDOT TEF Contract Office for a contract change order modifying the equipment delivery date. Should the Supplier fail to meet the contract equipment delivery date, liquidated damages will be assessed. The amount of liquidated damages will be calculated by using WSDOT’s established Equipment Rental Rate Schedule that is in effect as of the date of the contract or equipment order. Liquidated damages will be assessed at the established per day equipment rental rate for each late delivery day, not to exceed ten percent of the equipment’s purchase price. Damages will not be assessed unless an equipment rental actually occurs, and documentation is provided to the contractor. This assessment represents a reasonable forecast of WSDOT’s actual damages for having to rent replacement equipment. WSDOT shall deduct the liquidated damages for late delivery from Supplier’s invoice.

1.6 Warranty Services and Performance:

Equipment suppliers must provide technical support and equipment modifications for a period of 90 calendar days after the date the equipment is reported in service per manufacturer and/or factory warranty requirements. This is to ensure that the purchased equipment is capable of performing the specified operational functions.

Bidders/Suppliers must include, as part of the bid, the factory and/or manufacturer’s one year warranty, which shall cover 100% parts and labor for the entire unit offered. This warranty must be honored by all authorized factory and/or manufacturer’s dealerships.

Supplier shall be liable for all costs associated with warranty repair(s), including, but not limited to, materials, parts, labor, and transport of equipment that are disabled due to the failure of the equipment during the warranty period.

Warranty coverage will not commence until the date the completed equipment is placed into service as reported by WSDOT pursuant to the warranty requirements, or 30 days after final payment for the equipment, whichever occurs first.

The equipment Bidder/Supplier must be capable of and will be liable for providing repair parts and supply support for a period of ten (10) years after the delivery date of the equipment.

During the warranty period Supplier must begin physical repairs on equipment failures within 72 hours after WSDOT has notified the Supplier of an equipment failure. Should the Supplier fail to begin equipment repairs within 72 hours after notification, WSDOT may elect (based on operational requirements) to make the warranty repairs. Should WSDOT elect to make such warranty repairs, the Supplier agrees to fully reimburse WSDOT for all parts, materials, labor, shipping and travel costs incurred by WSDOT for such warranty repairs. WSDOT shall provide Supplier with a detailed invoice, and Supplier agrees to remit payment to the WSDOT within thirty days (30) after receipt of the invoice. Failure to provide and complete warranty service/repair within two weeks (14 calendar days) of vehicle/equipment entering contractor’s facility may be sufficient grounds for WSDOT to deny the contractor from bidding in future contracts due to poor performance.

During warranty period the Supplier may, upon notification of a warranty failure, authorize WSDOT equipment repair technicians to make warranty repairs when it advantages WSDOT and the Supplier. The Supplier shall reimburse WSDOT for all costs associated with the warranty repair.

1.7 Training:

Equipment Supplier shall provide on-site instructor(s) to conduct eight (8) hours of operator training per unit delivered and eight hours of repair technician training per unit delivered. During the eight (8) hour training period, the length and number of training session(s) required may vary based on the equipment’s complexity and personnel experience levels. Training session(s) may be less than eight (8) hours should the WSDOT on-site supervisor or Equipment Training Manager determines that all personnel have completed training and the Supplier’s training obligation has been fulfilled. The training session(s) shall include, but not be limited to, the below listed items.

1. Operator training will be designed to familiarize personnel with the controls, safety features, operating characteristics and operator checks and services.

2. Operator training may include teaching operators shifting, acceleration, and braking techniques to maximize operational effectiveness of the unit's power train configuration for equipment so configured.

3. Mechanic training shall be designed to familiarize service and repair technicians with preventative maintenance checks and services, system diagnostics procedures, repairs, adjustments, and any unique requirements associated with the entire unit.

4. All training shall be scheduled and coordinated with the ship to addressee. Coordination will include dates, times, location, number of students per session, number of sessions required, facilities and training equipment and material.

5. Qualified individuals shall conduct training sessions. "Qualified" means that the trainer must have a high level of knowledge and experience relating to the type of equipment offered or purchased:

6. Person(s) conducting the operator training session(s) must have a minimum of one year of experience in actually operating the unit for which training is being conducted or a factory/manufacture certified trainer.

7. Person(s) conducting repair technician training session(s) must have at least one year of experience in the performance of preventive maintenance and repair on the unit for which the training is being conducted or a factory/manufacture certified trainer.

8. An on-site WSDOT supervisor or the Equipment Training Manager will evaluate training sessions, who shall determine whether or not the training was adequate. If the training is deemed inadequate, the Supplier agrees to conduct additional training sessions, at no cost to the WSDOT, to the satisfaction of the WSDOT.

1.8 Special Notes/Workmanship:

COVERS: All caps and covers that must be removed in order to perform daily to bi-weekly Preventive Maintenance, other scheduled warranty service, or maintenance recommended or required by the Contractor, must be secured to the Unit by a chain or other device. All hoses, pipes, and plumbing connections shall have either retained covers, quick disconnects, or protective caps.

HOSE, WIRE AND TUBE ROUTING: Hose, wire and tube routing shall not impede normal maintenance and adjustment of the Unit. Hoses, wires and tubes shall be securely and neatly positioned. Kinks in hoses, wires, and/or tubing are not acceptable.

HYDRAULIC SYSTEMS (Workmanship Standards applicable to both traction and controls systems):

Components containing hydraulic fluid shall not be installed in the cab.

Hydraulic Symbols: Hydraulic symbols on schematics shall be interpreted per American National Standard Institute (ANSI) Y32.10.

Leaks: Hydraulic leaks are not acceptable. A leak is defined as any fluid flow larger than one (1) drop in four (4) hours.

All components installed in the hydraulic system shall be free of contamination and shall be flushed out or cleaned, if necessary, to meet this requirement. Components containing hydraulic fluid shall not be installed in the cab.

Hose Routing: Hose routing shall meet the following requirements:

The bend radii of hoses shall be not less than the manufacturers' recommended minimums.

Hoses shall be routed no closer than six (6) inches from exhaust components or other heat sources unless proper shielding is provided.

Hoses shall not come in contact with moving parts.

Hoses shall be clamped to supporting structures at intervals not exceeding sixty (60) hose diameters. Clamps shall be Beranger style or equal cushion clamps.

Hydraulic hoses will NOT be bundled together using “wire ties”. This shall be accomplished using the Beranger or equal clamps.

Fittings shall be steel thirty-seven (37)-degree flare type on all pressure lines where practical. Flat-faced "O" ring seal type fittings are acceptable.

Hoses shall not be routed through holes or across sharp edges without protection from being chafed or cut.

Hoses shall be of sufficient length to prevent stretching, distortion, and disconnecting.

Pipe fittings shall not be used on the pressure side of any hydraulic circuit. A Teflon sealant shall be used on pipe threads. Sealant shall be used sparingly and shall not contaminate the hydraulic system.

All hydraulic components shall be rated for working pressures to exceed system operating pressures, and have a minimum burst of one and a half (1-1/2) times the system operating pressure.

All hydraulic quick disconnects shall be equipped with protective covers that are retained by the coupling with a chain, wire cable or similar device.

ELECTRICAL WORKMANSHIP AND MATERIALS:

All wire shall be un-tinned stranded copper with cross-linked polyethylene insulation. Wires shall be color coded. Wire runs and color coding shall be continuous and terminate within a weatherproof junction box or weather pack connectors.

Unless otherwise specified and except for multi-terminal connectors, solder less terminals shall be used for all connections. Solder all ring terminals on ten (10) AWG and smaller wires shall be insulated.

Insulated ring terminals shall meet military Specification. Military spec ring terminals have an extra copper sleeve around the terminal barrel that improves the holding force and reduces corrosion.

Butt splices shall have moisture barriers and integral polyolefin heat shrinkable sleeves. Heat shrink tubing over non-sealed butt splices is not acceptable.

Insulation-piercing connectors (scotch locks) shall not be used.

Wires shall be protected by looms, sleeving and grommets. Wire bundles shall be routed away from moving parts and hot components. Wires shall not be bundled with any electrical wiring or components.

Plastic wire ties shall be black ultraviolet-protected.

All chassis/body combination units shall have a separate grounding strap installed from the body to the chassis.

Wire routing shall ensure that the following requirements are met:

Wires shall not be routed closer than six (6) inches to exhaust components or other heat sources, unless they are shielded.

Wires shall not come in contact with moving parts.

Wires and wire harnesses shall not be routed through holes or across sharp edges without protection from being chafed or cut.

GENERAL WELDING REQUIREMENTS:

Distortion of assembled parts is not acceptable. All welds will have proper penetration and be relatively uniform in appearance. All welds shall provide a metal-to-metal bond, using proper flux and/or welding materials. Continuous welds shall be used wherever possible and practical.

Body Fillers: The covering of welds with body fillers or similar practice is not acceptable.

OPERATOR(s) - EQUIPMENT INTERFACE:

Control Locations: The operator(s) stations(s), including safety devices, controls, and gauges shall be accessible, readable, and visibility of the operator without distracting from the safe operational requirements of the equipment ordered.

Work Area Visibility: Visibility of the work area, road, etc., shall be unobstructed, and provide for safe equipment operation.

Note Bidder acknowledges the Special Terms and Conditions WSDOT is seeking. Some items may be negotiated, however by signing this exhibit, the bidder is aware of WSDOT’s interest and intent.

Bidder Acknowledgement: Date:

TE25001 Exhibit E – Special Terms & Conditions