State of Nevada Brian SandovalDepartment of Administration Governor

Purchasing Division Patrick CatesDirector

515 E. Musser Street, Suite 300Carson City, NV 89701 Jeff Haag

Administrator

THE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FORSIX-WHEEL DUSTLESS WATERLESS STREET SWEEPERS

INVITATION TO BID NO. 8625

F.O.B. Department of Transportation, 310 Galletti Way, Sparks, NV 89431

Release Date: December 8, 2017

Vendor Questions Due: December 14, 2017

Deadline for Submission and Opening Date and Time: December 27, 2017 @ 2:00 P.M., PT

Requisition No. NDEQ018494/95

For additional information or to obtain a copy of this Invitation to Bid, please contact:

Marti Marsh, Purchasing Officer(775) 684-0180

(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0180)

Refer to Page 17, for instructions on submitting bids

Company Name:Contact Name:Title:Address:City: State: Zip:Telephone: Fax:Email Address:Location of company headquarters: City: State:

While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women Business Enterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we make every effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits within these categories, please check appropriate boxes.

Minority Owned Women Owned Small Business

ITB 8625 Revised: 02-27-17 Page 1 of 29

TABLE OF CONTENTS

1. PROJECT OVERVIEW............................................................................................................................3

2. ITEM SPECIFICATION...........................................................................................................................3

3. ADDITIONAL REQUIREMENTS.........................................................................................................13

4. PAYMENT..............................................................................................................................................16

5. BID SUBMITTAL INSTRUCTIONS.....................................................................................................17

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS......................................................18

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS..............................................................21

ATTACHMENT A – COMPLIANCE CERTIFICATION............................................................................28

ITB 8625 Revised: 02-27-17 Page 2 of 29

Prospective vendors are advised to review Nevada’s ethical standards requirements, including but not limited to, NRS 281A, which can be found on the Purchasing Division’s website (http://purchasing.nv.gov).

All applicable Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) documentation can be found at: www.leg.state.nv.us/law1.cfm.

1. PROJECT OVERVIEW

The purpose of this solicitation is to obtain competitive pricing for a one-time purchase of two (2)Dustless, Waterless Street Sweepers with Belt Conveyor, (PM 10) Compliant. Equipment must be new only; used, demo, refurbished, prototype or gray market equipment will not be accepted.

2. ITEM SPECIFICATIONS

DUAL-ENGINE, SIX-WHEEL DUSTLESS WATERLESS STREET SWEEPERS WITH BELT CONVEYOR (PM 10) COMPLIANT

GENERAL: Street sweeper furnished under these specifications shall be a new, 2018 model year or newer six-wheel configuration, having the latest waterless and dust control technology with PM 10 compliance, separate engines for propulsion and sweeping, 4.5 cubic yard right side high dumping hopper, automatic transmission, dual steering and operator controls, cleated belt conveyor, and left and right-side brooms with variable down pressure controlled from cab. Vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer’s literature.

Specify Mfr. & Model ________________________________________

Dual Engine _______ YES NO______ Any unit bid must be PM-10 Compliant and be certified by the South Coast Air Quality Management District (California) (SCAQMD). All equipment furnished under this specification shall comply with the most current Federal Motor Vehicle Safety Standards, Federal Environmental Protection Agency engine emission standards as new motor vehicle standards and the current requirements of Nevada Revised Statues. 

COMPLIES ___YES NO____AIR CLEANER: To be manufacturer’s single stage dry-type air cleaner with safety element, must include dash mounted service indicator. Air cleaner must be approved by engine manufacturer.

COMPLIES ___YES NO____AIR CONDITIONER/HEATER: Factory installed. Maximum BTU/HR available with radiator or grille mounted condenser.

COMPLIES ___YES NO____AXLE FRONT: Front axle will have a minimum capacity of 12,000 lbs., with shock absorbers.

Specify Front Axle Capacity __________________________

COMPLIES ___YES NO____ AXLE REAR: Minimum capacity of 21,000 lbs. with gear ratio of 6.17/8.40:1 and air spring suspension.

Specify Rear Axle Capacity ________________ Gear Ratio ___________________COMPLIES ___YES NO____

ITB 8625 Revised: 02-27-17 Page 3 of 29

BACK UP ALARM : Shall be equipped with electronic type back up alarm. Db range 87 to 107 mounted so that alarm is clearly audible. Must be OSHA approved.

COMPLIES ___YES NO____BATTERY: Heavy-duty "MAINTENANCE FREE” batteries, 12-volt with minimum CCA rating of 1850 at 0 degrees Fahrenheit.

COMPLIES ___YES NO____BRAKES: Shall be equipped with non-asbestos lining. Service brakes shall be "S" cam type on front and rear wheels, full air with warning buzzer; air gauge shall be dash mounted; compressor shall be piston type, water cooled, to be engine crankcase lubricated, minimum 18.0 CFM capacity. Rear brake chambers to be type 30, front brake chambers to be type 20 (or equal), all brake chambers shall be of the sealed type. Brakes shall be provided on front and rear wheels and shall be equipped with dust shields or backing plate. Truck shall also be equipped with a heated air dryer. Air dryer must be easily accessible. Truck will be equipped with automatic slack adjusters on all wheels. Parking brake shall be spring applied rear wheel drum and shoe.

BUMPER: Full width manufacturer standard bumper. COMPLIES ___YES NO____

COMPLIES ___YES NO____CAB: Conventional design cab. Steering shall be full power, dual operator controls with tilting steering wheels. Shall have left/right primary driver switch. Cab shall be equipped with a 12 volt power point plug.

Additional cab features to include: Each operator’s position shall have adjustable sun visor. All glass shall be tinted safety glass Dual arm rests 12 volt power plug

COMPLIES ___YES NO____CHASSIS: Chassis shall be conventional design with a minimum GVW rating of 33,000. Vehicle shall have vertical exhaust and be capable of travel speed of 65 mph. Vehicle shall also include the following:

Two (2) frame mounted front how hooks Hydraulic power steering Automatic air tank drain valves Hour meter In-cab air cleaner restriction indicator for main and auxiliary engines Rear engine top cover

Specify GVW Rating ________________ Travel Speed ____________

COMPLIES ___YES NO____CHOCKS: Vendor to provide two (2) wheel chocks and holders sufficient to hold the weight of the unit being bid. Note: Metal wheel chocks will not be accepted.

COLOR: The complete unit shall be primed with etching catalyzed primer, complete unit is to be painted Manufactures Standard “Brite White” or equal (may be single stage or dual stage paint) at a thickness of 5 mil with the exception of the frame rails. No chrome or aluminum accessories shall be painted.

State Mfr. & No.__________________________________

ITB 8625 Revised: 02-27-17 Page 4 of 29

COMPLIES ___YES NO____COOLING SYSTEM: Shall be equipped with a heavy duty high efficiency cooling radiator with increased coolant capacity, coolant anti-freeze rated to -34° Fahrenheit and shall be equipped with a viscous fan clutch. Fan shall be fully shrouded. Cooling system shall be capable of maintaining a safe driving temperature in extremely hot or cold weather. All hoses shall be silicone type with constant torque clamps.

COMPLIES ___YES NO____ELECTRICAL SYSTEM: 12-volt coded wiring and to include the following:

All DOT mandated lights and reflectors. Minimum of 130 AMP brushless alternator. Circuit breakers in lieu of fuses. Switches shall be clearly marked and illuminated for night time operation.

COMPLIES ___YES NO____

ENGINE: Shall be minimum 6.7 L six-cylinder turbocharged diesel, minimum 200 hp @ 2400 rpm, 520 lb-ft @ 1600 rpm. Engine shall be equipped with block heater.

Specify Minimum HP _____________ @ 2400 RPM

COMPLIES ___YES NO____EXHAUST SYSTEM: Shall be equipped with a single vertical muffler with diesel particulate filter.

COMPLIES ___YES NO____FIRE EXTINGUISHER: Vendor is required to provide and install inside the cab, one (1) each 5 lb., Refillable, ABC fire extinguisher with metal head.

FUEL TANK/DEF TANK: COMPLIES ___YES NO____Fuel Tank: Shall have an aluminum fuel tank mounted on the left side with a minimum total capacity of fifty (50) useable gallons, with one (1) or more steps. Steps shall be raised type (catwalk type grating) to prevent slipping. Visual top portion of fuel tank shall be sprayed with a non-slip coating if it is to be used as a step.

Specify Fuel Tank Capacity ___________________________________

DEF Tank: Shall be equipped with a DEF tank sufficient enough to match the size of the fuel tank at a minimum ratio of two (2) tanks of diesel fuel to one (1) tank of DEF.

Specify DEF Tank Capacity ___________________________________

COMPLIES ___YES NO____GAUGES: All gauges shall be of the registering type consisting of the following:

Speedometer Odometer Tachometer Engine hour-meter Voltmeter Engine Oil Pressure Engine water temperature Fuel Dual Air gauges Air cleaner service indicator

ITB 8625 Revised: 02-27-17 Page 5 of 29

Low coolant level warning light and chime High coolant temperature warning light and chime

COMPLIES ___YES NO____Chassis left side operator instrument panel shall be OEM, full vision illuminated with tachometer, speedometer, odometer, trip odometer, hour meter, trip hour meter, fuel gauge, water temperature gauge, oil pressure gauge, transmission temperature gauge, air pressure gauge, and volt gauge.

COMPLIES ___YES NO____Chassis right side operator instrument panel shall be OEM, full vision illuminated with tachometer, speedometer, odometer, trip odometer, hour meter, trip hour meter, fuel gauge, water temperature gauge, oil pressure gauge, transmission temperature gauge, air pressure gauge, and volt gauge. Console shall have left/right primary driver switch.

HOOD: Hood shall be fiberglass tilting type. COMPLIES ___YES NO____

HORNS: Shall be equipped with an electric horn. COMPLIES ___YES NO____

COMPLIES ___YES NO____LIGHTS: Shall be equipped with halogen high/low beam headlights, combination tail and stop lights, directional lights with 4-way flasher hazard switch, backup lights, interior cab light, clearance lights and rear ID lights. Vehicle shall be equipped with a cab center mounted LED Amber strobe light.

COMPLIES ___YES NO____MIRRORS: Shall be equipped with two (2) West Coast type mirrors with lower 8 inch convex mirror. To maximize operator visibility, an 8” outside right hand fender mirror shall be mounted forward of the front wheels.

COMPLIES ___YES NO____POWER STEERING: Steering shall be full power, dual operator controls with tilting steering wheels.

RADIO: Shall be equipped an AM/FM/CD player factory installed. COMPLIES ___YES NO____

COMPLIES ___YES NO____SEAT: Seats shall be adjustable, cloth covered with three-point seat belts National Seat PN# NTS40113 50AA35 or approved equivalent.

Specify Mfr. & No. ______________________________

COMPLIES ___YES NO____SUSPENSION: Air spring suspension shall be required. System shall have automatic height control valves to maintain ride height during transport. System shall allow the release of air from the air spring to hard rubber bisques for solid axle performance during sweeping operations and full stability while dumping at minimum to full dumping height. Control of air spring suspension shall be by a single transport/sweep switch on the control console.

ITB 8625 Revised: 02-27-17 Page 6 of 29

COMPLIES ___YES NO____TIRES : Shall be equipped with six (6) Major Name Brand, 11R22.5 tubeless steel belted radial Highway rated tires, load range G, 14 ply rating. All tires must be balanced using lead wheel weights prior to delivery. Steel weights and powder are not acceptable.

Specify Mfr. & No. __________________________________________

COMPLIES ___YES NO____WHEELS: Shall be equipped with six (6) 22.5 x 8.25 DC 10-hole hub piloted steel disc type, powder coated, Brite White wheels, rated @ 7,400 lbs.

Specify Size _______________________ Rating __________________

COMPLIES ___YES NO____TRANSMISSION: Shall be Allison 2500 automatic with heavy-duty oil cooler. An external spin on transmission filter is to be included with the Allison transmission.

COMPLIES ___YES NO____WINDSHIELD WASHERS: Shall be equipped with electric windshield washers with large capacity reservoir.

COMPLIES ___YES NO____WINDSHIELD WIPERS : Shall be equipped with heavy-duty, intermittent, cowl mounted, electric wipers with heavy-duty arms, blades, and linkage.

SWEEPER MODULE:COMPLIES ___YES NO____

BATTERY: Heavy-duty "MAINTENANCE FREE” battery, 12-volt with minimum CCA rating of 1000 at 0 degrees Fahrenheit.

Specify CCA Rating ________________ COMPLIES ___YES NO____

BROOM MAIN: Shall be not less than 60 inches long and not less than 35 inches in diameter, double wrapped at both ends. Broom shall be driven by a directly mounted hydraulic motor. Broom speed shall be variable and controlled in the cab by the operator while moving. Sweeping path shall not be less than 10 feet wide with right and left brooms activated. Broom shall be pneumatically raised and lowered. Broom down pressure shall be adjustable by the operator from the cab while sweeping. Broom shall stop and raise when transmission is placed in reverse. Broom shall be equipped with a steel main broom hood, to prevent material from being thrown into following traffic and also capable of channeling over throw back into the dirt chamber. Plastic hood shall be not acceptable due to debris exposure and cracking. Main broom shall be equipped with a one (1) LED work light mounted on the right hand side.

Specify Length ____________________ Diameter ________________

COMPLIES ___YES NO____BROOM SIDE: Shall be minimum 42 inches in diameter, protruding not less than 13 inches beyond the outside of the tire of the chassis while sweeping. Broom shall consist of five (5) plastic segments, filled with 26 inch long tempered steel wire. Brooms shall be driven by a hydraulic motor directly mounted to the broom disc plate. Broom speed shall be variable and controlled in the cab by the operator while sweeping. Broom rotation (forward/reverse) shall be selectable in the cab by the operator. Broom rotation shall stop and raise automatically, when transmission is placed into reverse or when sweeper is in transport mode. Due to curb and road obstructions in the roadway a trailing arm design shall be supplied with vertical digger brooms. Forward facing digger type arm assembly is not acceptable.

ITB 8625 Revised: 02-27-17 Page 7 of 29

To hold broom pattern regardless of up and down motion, arm suspension design shall be parallelogram type. Broom down pressure shall be operator adjustable from the cab while sweeping or stationary. Each broom shall be equipped an LED work light.

Specify Broom Diameter _________________________

COMPLIES ___YES NO____CONTROLS: Sweeper controls shall be mounted on a fixed operators console located between the left and right operators position. Controls shall include all sweep, hopper, elevator, and lighting functions. Switches for sweep, water spray, and lighting functions shall be conventional rocker switches. Membrane or touch pad switches shall not be accepted. Unit shall include a sweep resume option, sweep resume shall pick up and stow all sweep gear by operating one switch. Reactivating the switch shall engage all sweep gear to preset operating conditions.

COMPLIES ___YES NO____CONVEYOR: Shall be high strength belt type with molded full width cleats. Squeegee type flight system shall not be accepted. Conveyor shall be capable of effectively sweeping debris of varying sizes (trash 9 inches in height to fine sand) without the need to make any adjustments to the conveyor. Lower portion of conveyor shall be capable of raising 9 inches while sweeping. Conveyor rotation (forward/reverse) shall be selectable from the cab without stopping any broom. Conveyor speed shall be variable for the cab. Conveyor shall automatically stop and raise when transmission is placed in reverse or transport mode. Conveyor shall include an audible alarm providing a warning to the operator. Conveyor shall be able to load hopper to 100% of rated useable capacity.

COMPLIES ___YES NO____DRY DUST CONTROL SYSTEM: Sweeper shall include a centrifugal dust evacuation fan, large envelope filter with hydraulic shaker for dust removal, dust skirts on the side and main brooms, and dust separator screen in hopper. The dry dust control system shall be PM-10 Compliant and be certified by the SCAQMD (California) Rule 1186.

COMPLIES ___YES NO____ELECTRICAL: Sweeper electrical system shall be independent from the chassis electrical system. Sweeper shall have a 12-volt 120 amp alternator. Sweeper wiring harness shall be color coded and hot stamped with appropriate word designation labeled every four inches, i.e. “Ignition”, “Side Broom” on each wire. All circuits must be protected by circuit breakers.

COMPLIES ___YES NO____ENGINE: Shall be a four cylinder, turbocharged, diesel engine, minimum 74 horsepower @ 2400rpm, 195 lb-ft of torque @ 1700 rpm. Engine shall be equipped with a full flow oil filter, heavy-duty two stage dry element air cleaner with safety element, fuel filter and fuel/water separator. Engine shall be protected by anti-freeze to -34 degrees Fahrenheit. Shall also include a cab mounted filter restriction indicator. Engine, radiator and all auxiliary engine driven devices shall be isolation mounted through a dedicated engine frame.

Specify HP _______________ @ ____________ RPM

COMPLIES ___YES NO____HOPPER ENGINE FUEL TANK: Shall include a minimum 50 gallon single fuel tank.

Specify Tank Capacity __________________________

ITB 8625 Revised: 02-27-17 Page 8 of 29

COMPLIES ___YES NO____HOPPER: Hopper shall have a volumetric capacity of not less than 4.5 cubic yards with a useable capacity of not less than 3.3 yards. Hopper inspection door shall be provided. Hopper door, sides and top shall be a minimum of 11 gauge steel. The hopper floor shall be a minimum of 7 gauge steel. Hopper shall dump at varying heights through a height of 10’ when measured at the lowest point under the open hopper chute. Hopper shall be able to tilt (dump) to an angle of not less than 50°. Lift mechanism shall be a double stage scissors lift system utilizing two (2) hydraulic cylinders. Lift capacity shall be not less than 11,000 lbs. Hopper dump mechanism shall utilize two (2) hydraulic cylinders with a bore of not less than 3.5” and a stroke of not less than 19.8”. Scissor lift joint shall be equipped with self-lubricating bronze bearings. Hopper shall hydraulically side shift toward hopper receptacle in order to facilitate dumping hopper into another vehicle. Hopper load shall be visible at all times from the cab through a front facing hopper window and an upward facing skylight. To prevent overloading beyond the manufacturer’s GVW rating, unit shall be equipped with a cab mounted “FULL LOAD” warning light that is activated by hopper weight. Unit shall be equipped with safety interlock to prevent dumping without engaging the parking brake. Cab shall be equipped with an “UNLEVEL GRADE” indicator. Sweeper shall not require jack stands and/or outriggers to stabilize the chassis during dumping.

Specify Hopper Capacity ___________________ Lift Capacity _______________

COMPLIES ___YES NO____HYDRAULIC SYSTEM: Reservoir capacity shall be not less than 32 gallons with outside level indicator. Reservoir vent shall be equipped with a 10 micron spin on filter. Hydraulic oil return lines shall have a 10 micron full flow filter with bypass. Pumps shall be a 26 GPM, three section gear driven pump with dual inlets and a 25 GPM single section piston pump dedicated to the dust control system. Cab shall be equipped with filter restriction indicator that shall light before filter begins to bypass. Hydraulic circuits shall be equipped with quick disconnect check ports for ease of testing. High pressure hydraulic lines shall be equipped with flat face “O” ring type fittings.

Specify Capacity ________________ Specify Pump GPM _____________

COMPLIES ___YES NO____LIGHTS: Hopper shall be equipped with the following lights:

One (1) Rear Identification Two (2) LED Side Broom (one per side) One (1) LED Main Broom spot Rear Clearance Two (2) LED Amber Strobe Lights (One (1) mounted on the cab and One (1) mounted on the left rear

of the sweeper. Strobe lights shall be protected by a metal cage). One (1) Amber LED arrow stick shall be mounted on the rear.

The following warning indicators shall be located in the cab Hydraulic Filter Restriction Air Filter Restriction Low Spray Water “FULL LOAD” “UNLEVEL GRADE” Low Voltage

ITB 8625 Revised: 02-27-17 Page 9 of 29

COMPLIES ___YES NO____PNUEMATIC SYSTEM: Shall be equipped with separate air tank for the sweeper air components, with a PR4 air valve to protect the chassis air system. All pneumatic cylinders shall be interchangeable. Pneumatic cylinders shall be rated at 150 PSI and have a separate rod seal and wiper to prevent contamination entering the cylinder.

COMPLIES ___YES NO____SPRAY WATER SYSTEM: Water tank shall be constructed of non-rusting material. Capacity shall be not less than 315 U.S. gallons. Water pump shall be centrifugal type capable of running dry indefinitely without damage. Pump shall be constructed of aluminum. Pump shall not contain ferrous metal parts that can come in contact with water. Pump shall be capable of a minimum of 6 GPM @ 80 PSI. Water system shall be equipped with three (3) brass spray nozzles on each side broom and four (4) brass spray nozzles on the rear spray bar. Rear spray bar shall be constructed of non-ferrous components to prevent contamination. Water to the side brooms and rear spray bar shall be controlled in the cab by electrical activation switches. Water flow control valves shall be non-ferrous heavy-duty “AGRICULTURAL” type. A low water indicator light shall be located in the cab. Sweeper shall be equipped with an automatic internal hopper/conveyor flush and wash down system. System shall include a manual bypass valve to divert hydrant water into system without necessitating filling of the water tank.

Specify Tank Capacity ____________________ Pump GPM _____________

Bypass valve shall be located on the curb side of the vehicle. Water fill hose shall not be less than 16’ in length, equipped with a 2 ½” NST hydrant coupler. Vehicle shall be equipped a 25’wash down hose. Vehicle shall be equipped with an inline water filter to prevent contaminants from entering the water tank. Water tank shall be equipped with an anti-siphon device to prevent contamination of water tank supply, compliant to American National Standard Air gaps in plumbing systems ASME A112.12-1991. The dry dust control system shall be PM-10 Compliant and be certified by the SCAQMD (California) Rule 1186.

SWEEPER INSTRUMENTS: COMPLIES ___YES NO____ Tachometer Hour meter Oil pressure gauge Water temperature gauge Volt meter Air cleaner service indicator Low coolant level warning light Auxiliary engine running light Main broom down pressure Hydraulic filter restriction indicator Sweeper out of level indicator No spray water indicator Raised hopper indicator Hopper full indicator can be light or gauge Console mounted air pressure gauges to indicate side broom hold down air pressure, one for each

side broom.

MANUALS: For each unit as built:1. One (1) each shop manual2. One (1) each parts manual3. Three (3) each operator's manual4. Three (3) Training DVD’s

ITB 8625 Revised: 02-27-17 Page 10 of 29

5. Electrical system schematics/drawings

NOTE: Payment for these units will not be processed until all manuals have been received.

WARRANTY: Manufacturer’s warranty shall be not less than one (1) year on entire sweeper, including all parts and labor. Manufacturer’s warranty shall be as stated by the chassis manufacturer on the chassis including all parts and labor.

NOTE: Any information required for periodic service checks required to keep warranties in effect, must be provided by the successful bidder.

TRAINING: Successful bidder will be required to provide training as required on operation and maintenance within 15 days of delivery. Training will consist of four (4) hours service, four (4) hours mechanical, and four (4) hours of operation at end users location in Sparks, Nevada for an estimated 5 to 50 employees.

PRE-DELIVERY SERVICE: To be completed prior to delivery to NDOT Engine shall be filled to proper oil level. Transmission shall be checked and filled to proper oil level. Cooling system shall be checked and filled to proper level and shall contain extended life antifreeze

to -34° Fahrenheit. All lights shall be checked to confirm they are in working order. All functions of this unit shall be checked and in working order prior to delivery to NDOT.

Buy in America – This equipment is being purchased with Federal Highway Administration funding and therefore shall meet Buy America requirements. The bidder or contractor shall certify that consistent with the language in 23 CFR 635.410, all processes involved with the production of steel and iron components occurred domestically.

Certificate of Compliance with 23 CFR 635.410

The bidder or offeror hereby certifies that it shall meet the requirements of 23 CFR 635.410:

Date __________________________________________________________

Signature______________________________________________________

Company Name_________________________________________________

Title___________________________________________________________

ITB 8625 Revised: 02-27-17 Page 11 of 29

OPTIONAL ITEMS: Vendor is requested to provide pricing for the following options:

1. Automatic lubrication system for the complete sweeper and Chassis. Bearing lubrication is automatically delivered to each lube point through individual nylon lines from a 2 liter reservoir. The process is controlled by a solid-state timer with 14 settings between 3.5 to 65 minutes.

Option price $_______________________

2. An in-cab control that allows the operator to change the outward position of the right-hand side broom, up to 10” beyond its standard sweeping position. Option price $_______________________

3. Dual main broom regulators provided in the cab. Regulators shall be used to adjust the main broom down pressure side to side. Option price $_______________________

4. Wear resistant hardened steel lower conveyor roller. Option price $_______________________

5. Hopper Liner to protect the hopper against corrosion and wear, to facilitate the removal of the debris when dumping. This liner shall provide protection such that the hopper shall be warranted for the life of the sweeper. Bare steels including stainless steels shall not be acceptable.

Option price $_______________________

6. High capacity hopper with a volumetric capacity of not less than 5.2 cubic yards. Useable capacity shall be not less than 4.0 cubic yards. To include hopper inspection door.

Option price $_______________________

7. LED lighting for the combination stop/tail and turn signal light, marker lights and ID lights.

Option price $_______________________

8. Heated, power adjustable mirrors controlled from the cab.

Option price $_______________________

9. Electrically operated tilting mechanism that allows operator to change inward/outward tip of the right. Side broom to 20 °. Angle can be changed from the cab while sweeping. This allows efficient sweeping of irregular surface that could require special manual settings of the broom.

Option price $_______________________

ITB 8625 Revised: 02-27-17 Page 12 of 29

10. Electrically operated tilting mechanism that allows operator to change inward/outward tip of the left Side broom to 20°. Angle can be changed from the cab while sweeping. This allows efficient sweeping of irregular surface that could require special manual settings of the broom

Option price $_______________________

Item Unit Extended MSRPNo. Qty Description Price Price Price

1. 2 STREET SWEEPER: 2018 Model year or newer; _______ ________ _______each PM10 compliant; six-wheel dustless and waterless; per each per each

shall be in accordance with specifications, specialterms and conditions of this bid.

Specify Mfr. & No. _________________________

Specify Warranty __________________________

3. ADDITIONAL REQUIREMENTS

3.1 Bids shall be submitted on this form to be considered.

3.2 Effective July 1, 2017, a five percent (5%) preference will be awarded to businesses based in Nevada. A Nevada business is defined as a business which certifies either that its ‘principal place of business’ is in Nevada, as identified in the table on Page 1, or that a ‘majority of goods provided for the contract are produced’ in Nevada. The preference will be applied to the bid price.

3.3 A Nevada based business may apply for a five percent (5%) preference on its bid. This preference may apply if a business has its principal place of business within Nevada or if a majority of goods provided for the contract are produced in Nevada. This preference cannot be combined with any other preference, granted for the award of a contract using federal funds, or granted for the award of a contract procured on a multi-state basis. To claim this preference a business must submit a letter with its bid showing that it qualifies for the preference.

3.4 STATEWIDE WARRANTY AND REPAIR LOCATIONS: Vendor is to identify all authorized statewide warranty service and repair service locations along with response time and stipulations.

______________________________________________________________________________________________________________________________________________________________________________________________________________________________

State response time after initial call for service. ________ Hours.

ITB 8625 Revised: 02-27-17 Page 13 of 29

3.5 The bidder certifies by signature on this bid that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any Federal department or agency sponsored program.

3.6 Contractor in bidding on and in the performance of this solicitation shall be solely responsible for complying with all laws, including but not limited to, codes, statutes, regulations, and ordinances of the City, County, State, and Federal governments.

3.7 All vehicles bid on must meet the latest Federal Safety Regulations and be manufacturer’s current listed model.

3.8 All vehicles bid on must meet the requirements of the Nevada Revised Statutes, Chapter 484 as Applicable.

3.9 All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.318 et seq.

3.10 All vehicles bid on must meet the requirements of the Nevada Revised Statutes, 482.135.

3.11 As a condition of award, a vendor is required to deliver any vehicle(s) specified herein to any government entity using any award or contract that results from this solicitation through a licensed, Nevada vehicle dealer which will then be considered a joint submittal, or be a licensed Nevada vehicle dealer prior to the submission and opening date of the price agreement pursuant to Nevada Revised Statute 482. In the spaces below, please provide the Purchasing Division with the name, address, telephone number, facsimile number and license number of the dealer who will provide or perform the delivery of the completed unit(s).

Name: _________________________________________________________

Address: _______________________________________________________

Telephone Number: ____________________Fax: ______________________

Nevada Vehicle Dealer License Number: _____________________________

Signature of Nevada Vehicle Dealer: _________________________________

Failure to provide the requested information may be cause for rejection of your response.

3.12 All models shall be manufacturer's current listed model.

3.13 If equipment is delivered minus any part, item or accessory issued as standard manufacturer's equipment, and/or as specified by the State, the successful bidder will be immediately notified. If the missing part, item or accessory cannot be provided and installed within 72 hours, the State reserves the right to buy the item or part from another source and bill the successful bidder for the cost including installation.

ITB 8625 Revised: 02-27-17 Page 14 of 29

3.14 All equipment, included in the base vehicle description or optional, must be factory installed when it is factory available. The Nevada State Purchasing Division, the purchasing local government or political subdivision whichever is applicable must receive prior notification whenever any local installation is to be performed. Any equipment included in the base vehicle description that is to be locally installed must be clearly listed. Any options that will be locally installed must be so noted

3.15 WARRANTY: Sweepers shall be covered by the manufacturer's standard warranty. Copy of warranty MUST be submitted with bid.

If all or any part of this equipment should prove defective in workmanship or materials, the manufacturer shall replace or repair the part or defect without cost to the State of Nevada. 

3.16 In an emergency, if the successful bidder is unable to furnish a serviceman and parts to the job site within a 72 hour period, the Nevada Department of Transportation may elect to have emergency repairs made and hold the damaged parts for the successful bidder's inspection, together with sufficient documents to justify or verify the repairs, and the successful bidder shall reimburse the Nevada Department of Transportation for all costs therein.

3.17 Warranty adjustments will not necessarily be confined to the above limits.  Malfunction of parts or failure discovered beyond the above warranty, which are reasonably attributable to a manufacturing fault not revealed during the initial period, shall be corrected at no cost, or on a cost-sharing basis, depending on the individual case.  The successful bidder shall be responsible for all warranty adjustments.

NOTE: Information on periodic service checks required to keep warranties in effect must be successful bidder.

3.18 RECALLS: Successful bidder or manufacturer will be held responsible for all recall work or arrangements for recall work.  If recall work should have to be done outside of the State of Nevada, the successful bidder or manufacturer will have to bear the cost of transportation to and from their place of business.

3.19 Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error WILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnish equipment at price or prices bid on or be penalized by being removed from bidder's list for a period of one year.

3.20 Bidder is required to submit descriptive data or printed specifications describing COMPLETE UNIT bidding. Failure to comply with this request may be cause for non-acceptance of bid.

3.21 Vendor is required to provide Dealers Report of Sale (DRS) or Manufacturers Statement of Origin (MSO) with each equipment item at the time of delivery. Please specify the DRS/MSO be made out to:

Nevada Department of TransportationP.O. Box 930

Reno, Nevada 89504

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3.22 For purposes of addressing questions concerning this solicitation, the sole contact will be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein will not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

4. PAYMENT

4.1 Prices offered in bids are an irrevocable offer for the term of the Notice of Award (NOA) / contract and any NOA/contract extensions unless otherwise specified on Attachment A.

4.2 The State generally pays within 30-45 days upon receipt of invoice and the using agency’s approval. Per the State’s policy and procedures, payments are not made prior to receipt of goods. Pursuant to NRS 227.185 and NRS 333.450, the State shall pay claims for supplies, materials, equipment and services purchased under the provisions of this ITB electronically, unless determined by the State Controller that the electronic payment would cause the payee to suffer undue hardship or extreme inconvenience.

Vendor’s Payment Terms:

4.3 Prompt payment discount periods equal to (or greater than) 30 calendar days shall receive consideration and bid pricing shall be reduced (for evaluation purposes only) by the amount of that discount(s).

Vendor’s Prompt Payment Discount Offered:

4.4 Vendor’s prices contained in this bid are subject to acceptance within _________calendar days.

4.5 The price quoted is for the specified delivery, and, unless otherwise specified in the NOA/Contract, is Free on Board (FOB) Destination (freight included) to the delivery address. FOB requires the seller to, at its own expense and risk, transport the goods to the destination and there tender delivery of them in the manner provided in NRS 104.2503. (Refer to NRS 104.2319(1) (b); Uniform Commercial Code (UCC 2-319(1). Unless otherwise specified in the NOA/Contract, the price does not include applicable federal or State sales, use, excise, processing or any similar taxes, or duty charges, which shall be paid by the State, or in lieu thereof, the State shall provide the Vendor with a tax exemption certificate acceptable to the applicable taxing authority. Unless otherwise specified in the NOA/Contract, payment shall be made in accordance with Nevada law to the Vendor.

4.6 The State requests Manufacturer’s Suggested Retail Prices (MSRP) in effect at the time of bid submittal for internal statistical purposes.

4.7 Purchasing Card Acceptance

In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time it is not mandatory that contractors accept credit card purchases;

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contractors are encouraged to consider this alternate payment process. The current card available for State agency use is a MasterCard product.

Purchasing (Credit) Cards Accepted: Yes No

Payment discount for transactions involving card use: % Discount

4.8 Delivery

Delivery shall be completed within _______ calendar days after receipt of purchase order.

5. BID SUBMITTAL INSTRUCTIONS

5.1 Bids shall be received at the address referenced below per Section 5.5, ITB Timeline. Bids that do not arrive by bid opening time and date shall not be accepted. Vendors may submit their bid any time prior to the above stated deadline.

5.2 Bids may be submitted via mail or overnight delivery.

5.2.1 Hard Copy Bid Submission: Shall be submitted in a sealed package, the package shall be clearly marked: Invitation to Bid No. 8625, Bid Opening Date: December 27, 2017.

Bid shall be submitted to:

State of Nevada, Purchasing DivisionMarti Marsh, Purchasing Officer515 E. Musser Street, Suite 300Carson City, NV 89701

5.2.2 Electronic Bid Submittal: Bids may be submitted via email at ITBDocs@admin.nv.gov. If vendors do not have access to email, bids may be submitted via facsimile to: 775-684-0169. Transmittals of either method shall be clearly marked per Section 5.2.1.

5.3 The State Purchasing Division shall not be held responsible for bid packages mishandled as a result of not being properly prepared.

5.4 To submit questions regarding this Invitation to Bid (ITB), email Marti Marsh at mmarsh@admin.nv.gov

5.4.1 The deadline for submitting questions is as specified in Section 5.5, ITB Timeline.

5.4.2 All questions and/or comments shall be addressed in writing. An email notification that the amendment has been posted to the Purchasing website shall be issued on or about the date specified in Section 5.5, ITB Timeline.

5.5 ITB TIMELINE

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The following represents the proposed timeline for this project. All times stated are Pacific Time (PT). These dates represent a tentative schedule of events. The State reserves the right to modify these dates at any time.

Task Date/Time

Deadline for submitting questions December 14, 2017 @ 12:00 PM

Answers posted to website On or about December 19, 2017

Deadline for submission and opening of bids No later than 2:00 PM on December 27, 2017

Evaluation period (approximate time frame) December 27-28, 2017

Selection of vendor On or about December 28, 2017

5.6 This entire document and any amendments, if applicable, to this ITB shall be returned as part of the vendor’s bid submission. Failure to comply with this requirement may be grounds for non-acceptance of the bid.

5.7 For purposes of addressing questions concerning this ITB the sole contact shall be the Purchasing Division. Upon issuance of this ITB, employees and representatives of the agencies identified herein shall not answer questions or otherwise discuss the contents of this ITB or any subsequent submitted bid responses with any prospective bidders or their representatives until issuance of formal NOA. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.

5.8 Sealed bids shall be publically opened and read at the date, time and location specified within the ITB. Assistance for handicapped, blind or hearing-impaired persons who wish to attend the ITB opening is available. If special arrangements are necessary, please notify the Purchasing Division designee as soon as possible and at least two (2) days in advance of the opening.

6. BID SOLICITATION, EVALUATION AND AWARD PROCESS

6.1 This procurement is being conducted in accordance with NRS Chapter 333 and NAC Chapter 333.

6.2 Bids shall conform to all terms, conditions and specifications in this ITB.

6.3 Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA) as may be amended, and certifies that all items furnished and purchased under this order shall conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor’s failure to comply with the acts and standards thereunder and for the failure of the items furnished under this order to so comply.

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6.4 Pursuant to NRS Chapter 613 in connection with the performance of work under this NOA/contract, the contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

The contractor further agrees to insert this provision in all subcontracts, hereunder, except subcontracts for standard commercial supplies or raw materials.

6.5 Every NOA/contract or order for goods shall be awarded to the lowest responsible bidder (Refer to NRS 333.340(1)). To determine the lowest responsible bidder, the Purchasing Division may consider:

6.5.1 The location of the using agency to be supplied;6.5.2 The qualities of the articles to be supplied;6.5.3 The total cost of ownership of the articles to be supplied;6.5.4 The conformity of the articles to be supplied with the specifications;6.5.5 The purposes for which the articles to be supplied are required; and6.5.6 The dates of delivery of the articles to be supplied.

The Purchasing Division shall not be obligated to accept low bid, but shall make an award in the best interest of the State after all factors have been evaluated (Refer to NRS 333.300(2)).

6.5.7 When the advertisement for bids includes a statement that bids for alternative articles shall be considered, alternative articles shall be considered in as much as they are determined to:

6.5.7.1 Meet or exceed the specifications of the article listed in the original request for bids;

6.5.7.2 The purchase of the alternative article results in a lower price; and

6.5.7.3 The Administrator or designee deems the purchase of the alternative article to be in the best interests of the State.

6.6 For the purpose of awarding a formal NOA/contract solicited in accordance NRS 333.300(2), if

6.6.1 A local business owned and operated by a veteran with a service-connected disability submits a bid or proposal for a NOA/contract for which the estimated cost is more than $50,000 but no more than $250,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower than the bid or proposal actually submitted.

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6.6.2 A local business owned and operated by a veteran with a service-connected disability which is determined to be 50 percent or more by the United States Department of Veterans Affairs submits a bid or proposal for a NOA/contract for which the estimated cost is more than $250,000 but less than $500,000 and is a responsive and responsible bidder, the bid or proposal shall be deemed to be five (5%) percent lower that the bid or proposal actually submitted.

6.6.3 The preferences described above may not be combined with any other preference.

6.7 NRS 333.290 grants a preference to materials and supplies that can be supplied from a “charitable, reformatory or penal institution of the State” that produces such goods or services through the labor of inmates. The Administrator reserves the right to secure these goods, materials or supplies from any such eligible institution, if they can be secured of equal quality and at prices not higher than those of the lowest acceptable bid received in response to this solicitation. In addition, NRS 333.410 grants a preference to commodities or services that institutions of the State are prepared to supply through the labor of inmates. The Administrator shall apply the preferences stated in NRS 333.290 and 333.410 to the extent applicable.

6.8 Bids may be withdrawn by written or facsimile notice received prior to the ITB opening time. Withdrawals received after the ITB opening time shall not be considered except as authorized by NRS 333.350(3).

6.9 The State reserves the right to alter, amend, or modify any provisions of this ITB, or to withdraw this ITB, at any time prior to the award of an NOA/contract pursuant hereto, if it is in the best interest of the State to do so.

6.10 Any unsuccessful bidder may file an appeal in strict compliance with NRS 333.370.

6.11 The Legislature, the Supreme Court, the Nevada Wing of the Civil Air Patrol (NRS 333.469), the Nevada System of Higher Education (NRS 333.470) and local governments (as defined in NRS 332.015) are intended third party beneficiaries of any NOA/contract resulting from this ITB and any local government may join or use any NOA/contract resulting from this ITB subject to all terms and conditions thereof pursuant to NRS 332.195. The State is not liable for the obligations of any local government which joins or uses any NOA/contract resulting from this ITB.

6.12 Vendors who enter into an NOA/contract with the State of Nevada and who sell tangible personal property in the State of Nevada are required to obtain a permit in accordance with NRS 372.125, and required to collect and pay the taxes imposed by law on the sale of tangible personal property in this State.

6.13 When applicable, submission of a bid shall include any and all proposed terms and conditions, including, without limitation, written warranties, maintenance/service agreements, license agreements, lease purchase agreements, and the bidder’s standard contract language. A review of these documents shall be necessary to determine if a bid is in the best interest of the State.

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6.14 Subcontractor: Third party, not directly employed by the vendor, who shall provide goods and/or services identified in this ITB. This does not include third parties who provide support or incidental services to the vendor.

6.15 Proprietary Information: Any trade secret or confidential business information that is contained in a bid submitted on a particular NOA/contract. Refer NRS 333.020(5) (a); NRS 333.333.

6.16 Public Record: All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Refer to NRS 333.333; NRS 600A.030(5).

6.17 Trade Secret: Information including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Refer to NRS 600A.030(5).

6.18 In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interests of the State, as required.

6.19 Vendor Authorization: By submitting a bid the Vendor is duly organized, validly existing, and in good standing under the appropriate laws with full power and authority to conduct the business that it presently conducts in the State of Nevada. The Vendor has the legal power and right to enter into and perform the Contract. Consummation of the transactions contemplated by the Contract shall not violate any provision of law, or any of the Vendors governing documents (articles of incorporation, partnership Contract, etc). Execution of the Contract and all documents provided for in the Contract by the Vendor and its delivery to the State have been duly authorized by the board of directors or managing agents of the Vendor and no further action is necessary on the Vendor's part to make the Contract valid and binding on the Vendor in accordance with its terms. The Vendor has obtained all licenses and permits to perform all of its requirements under the Contract, and is current on all tax obligations to the State of Nevada or any other governmental entity in Nevada.

7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS

7.1 Goods: As defined in NRS 104.2105, and as specifically identified in this ITB.

7.2 Purchase Order: Buyer-generated document that authorizes a purchase transaction. It sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. When accepted by the seller, it becomes a contract binding on both parties; also called order.

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7.3 Incorporated Documents: The NOA/Contract shall consist of this ITB, any amendments to this ITB if applicable, the vendor’s bid and all documentation contained therein, together with any subsequently issued purchase order(s) executed by a person with full power and authority to issue same on behalf of the State. A vendor’s bid shall not contradict or supersede any State specifications, terms or conditions without written evidence of mutual assent to such change appearing in the NOA/Contract.

7.4 Notice: Unless otherwise specified, termination shall not be effective until thirty (30) calendar days after a party has served written notice of default, or without cause upon the other party. All notices or other communications required or permitted to be given under this NOA/Contract shall be in writing and shall be deemed to have been duly given if delivered via email, personally in hand, by telephonic facsimile, regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

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7.5 TERMINATION:

7.5.1 Termination Without Cause: Any discretionary or vested right of renewal notwithstanding, this NOA/Contract may be terminated upon written notice by mutual consent of both parties or unilaterally by either party without cause.

7.5.2 State Termination for Nonappropriation: The continuation of the NOA/Contract beyond the current biennium is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the State Legislature and/or federal sources. The State may terminate the NOA/Contract, and the Vendor waives any and all claim(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the Contracting Agency’s funding from State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

7.5.3 Cause Termination for Default or Breach: A default or breach may be declared with or without termination. The NOA/Contract may be terminated by either party upon written notice of default or breach to the other party as follows:

7.5.3.1 If the vendor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods, or services called for by the NOA/Contract within the time requirements specified in the NOA/Contract or within any granted extension of those time requirements; or

7.5.3.2 If any state, county, city or federal license, authorization, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by the vendor to provide the goods or services required by the NOA/Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

7.5.3.3 If the Vendor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily subject to the jurisdiction of the bankruptcy court; or

7.5.3.4 If the State materially breaches any material duty under the NOA/Contract and any such breach impairs the vendor's ability to perform; or

7.5.3.5 If it is found by the State that any quid pro quo or gratuities in the form of money, services, entertainment, gifts, or otherwise were offered or given by the vendor, or any agent or representative of the vendor, to any officer or employee of the State of Nevada with a view toward securing an NOA/contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such NOA/contract; or

7.5.3.6 If it is found by the State that the vendor has failed to disclose any material conflict of interest relative to the performance of the NOA/Contract.

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7.5.4 Time to Correct: Termination upon a declared default or breach may be exercised only after service of formal written notice as specified in Section 7.4, Notice and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

7.5.5 Winding Up Affairs Upon Termination: In the event of termination of the NOA/contract for any reason, the parties agree that the provisions of this paragraph survive termination:

7.5.5.1 The parties shall account for and properly present to each other all claims for fees and expenses and pay those that are undisputed and otherwise not subject to set off under the NOA/Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

7.5.5.2 The Vendor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the Contracting Agency.

7.6 REPRESENTATIONS AND WARRANTIES:

The vendor represents and warrants to the State:

7.6.1 Bid Representations: All statements made by the vendor on any application, bid, proposal, offer, financial statement, or other document used by the vendor to induce the State to enter into the NOA/Contract are true, correct, complete, and omit no information which would render them misleading.

7.6.2 Use of Broker: The vendor agrees to indemnify the State from any damage, liability, or expense that it may suffer as a result of any claim of a broker or other finder with whom it is determined that the vendor has dealt in connection with the transactions contemplated under the NOA/contract.

7.6.3 Express Warranties: For the period specified in the NOA/Contract, Vendor warrants and represents each of the following with respect to any goods provided under the NOA/contract:

7.6.3.1 Fitness for Particular Purpose: The goods shall be fit and sufficient for the particular purpose set forth in the NOA/Contract.

7.6.3.2 Fitness for Ordinary Use: The goods shall be fit for the purpose for which goods of a like nature are ordinarily intended, it being understood that the purpose for the goods covered by the NOA/Contract are ordinarily intended for use in general government administration and operations.

7.6.3.3 Merchantable, Good Quality, No Defects: The goods shall be merchantable, of good quality, and free from defects, whether patent or latent, in material and workmanship.

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7.6.3.4 Conformity: The goods shall conform to the standards, specifications and descriptions set forth in the NOA/Contract. If the Vendor has supplied a sample to the State, the goods delivered shall conform in all respects to the sample and shall be identified by the word "sample" and Vendor's name.

7.6.3.5 Uniformity: The goods shall be without variation, and shall be of uniform kind, quality, and quantity within each unit and among all units.

7.6.3.6 Packaging and Labels: The goods shall be contained, packaged, and labeled so as to satisfy all legal and commercial requirements applicable to use by a government agency, including without limitation, Occupational Safety and Health Administration material safety data sheets and shall conform to all statements made on the label.

7.6.3.7 Full Warranty: The foregoing warranties are "full" warranties within the meaning of the Magnuson-Moss Warranty -- Federal Trade Commission Improvement Act, 15 U.S.C. 2301 et seq., and implementing regulations 16 C.F.R. pts. 700-703, if applicable to this transaction.

7.6.3.8 Title: The Vendor has exclusive title to the goods and shall pass title to the State free and clear of all liens, encumbrances, and security interests.

7.6.3.9 Infringement; Indemnity: The Vendor warrants the purchase or use of the goods shall not infringe upon any United States or foreign patent, and the Vendor shall indemnify the State against all judgments, decrees, costs, and expenses resulting from any alleged infringement and shall defend, upon written request of the State, at its own expense, any action which may be brought against the State, its vendees, lessees, licensees, or assignees, under any claim of patent infringement in the purchase or use of the Vendor's goods. If the State is enjoined from using such goods, the Vendor shall re-purchase such goods from the State at the original purchase price. The State shall notify the Vendor promptly in writing of any such suit. If the State compromises or settles any such suit without the written consent of the Vendor, the Vendor shall be released from the obligations of this paragraph and from any liability to the State under any statute or other rule of law.

7.6.3.10 Usage of Trade; Course of Dealings; Implied Warranties: The Vendor shall be bound by any implied warranty that, at the time of execution of the NOA/Contract, prevails in the trade of government in the marketing area in and about the State of Nevada. The Vendor shall also be bound by any other implied warranty arising through course of dealings between the Vendor and the State from and after the execution of the NOA/Contract. The Vendor shall also be bound by all warranties set forth in Nevada's Uniform Commercial Code (NRS Chapter 104) in effect on the date of issuance of the NOA/Contract.

7.6.3.11 Warranties Cumulative: It is understood that warranties created by the NOA/Contract, whether express or implied, as well as all warranties arising by operation of law that affect the rights of the parties, are cumulative and may be construed in a manner consistent with one another.

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7.6.3.12 Priority of Warranties: If it is held by a court of competent jurisdiction that there is an irreconcilable conflict between or among any of the warranties set forth in the NOA/Contract and any warranties implied by law, the parties agree that the specifications contained in the NOA/Contract shall be deemed technical and mere language of description.

7.6.3.13 Beneficiaries of Warranties: Benefit of any warranty made in the NOA/Contract shall be in favor of the State, any of its political subdivisions or agencies, employee or licensee thereof who uses the goods, and the benefit of any warranty shall apply to both personal injury and property damage.

7.7 Delivery, Inspection, Acceptance, Title, Risk of Loss: The Vendor agrees to deliver the goods as indicated in the NOA/Contract, and upon acceptance by the State, title to the goods shall pass to the State. The State shall have the right to inspect the goods on arrival and within a commercially reasonable time. The State shall give notice to the Vendor of any claim or damages on account of condition, quality, or grade of the goods, and shall specify the basis of the claim in detail. Acceptance of the goods described in the NOA/Contract is not a waiver of UCC revocation of acceptance rights or of any right of action that the State may have for breach of warranty or any other cause. Unless otherwise stated above, risk of loss from any casualty, regardless of the cause, shall be on the Vendor until the goods have been accepted and title has passed to the State. If provided by the Vendor, the State agrees to follow reasonable instructions regarding return of the goods.

7.8 No Arrival, No Sale: The NOA/Contract is subject to provisions of no arrival, no sale terms, but proof of shipment shall be given by the Vendor; each shipment to constitute a separate delivery. A variation of ten (10) days in time of shipment or delivery from that specified in the NOA/Contract does not constitute a ground for rejection. The State may treat any deterioration of the goods as entitling the State to the rights resulting from a casualty to the identified goods without regard to whether there has been sufficient deterioration so that the goods no longer conform to the NOA/Contract.

7.9 Breach, Remedies: Failure of either party to perform any obligation of the NOA/Contract shall be deemed a breach. In the event of a breach, the party asserting breach may, in addition to any remedies or rights afforded by Nevada law, cancel the NOA/Contract with respect to any executory obligations. All rights and remedies are cumulative with one another and with those provided by law, and exercise of one remedy or right is not a waiver of the right to pursue any other right or remedy afforded. Penalties provided under Nevada law shall be limited to those in effect on the effective date of the NOA/Contract. See NRS 333.365. Either party, as a prevailing party to any arbitration or other action regarding the enforcement of the NOA/Contract, is entitled to reasonable attorney’s fees and costs. It is specifically agreed that reasonable attorneys' fees shall include without limitation One hundred twenty-five dollars ($125) per hour for State-employed attorneys. The State may set off consideration against any unpaid obligation of the Vendor to any State agency.

7.10 Limited Liability: The State shall not waive and intends to assert available NRS Chapter 41 liability limitations in all cases. NOA/Contract liability of both parties shall not be subject to punitive damages.

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7.11 Waiver of Breach: A failure to assert any right or remedy available to a party under the NOA/Contract, or a waiver of the rights or remedies available to a party by a course of dealing or otherwise shall not be deemed to be a waiver of any other right or remedy under the NOA/Contract, unless such waiver is contained in a writing signed by the waiving party.

7.12 Severability: If any provision contained in the NOA/Contract is held to be unenforceable by a court of law or equity, the NOA/Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the NOA/Contract unenforceable.

7.13 Assignment/Delegation: To the extent that any assignment of any right under the NOA/Contract changes the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of the NOA/Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by State, such offending portion of the assignment shall be void, and shall be a breach of the NOA/Contract. No duties of either party may be delegated without written consent by the other party, and any such consent does not in any way affect the liability of the delegating party, unless the writing so states.

7.14 Force Majeure: Neither party shall be deemed to be in violation of this NOA/Contract if it is prevented from performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including, without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause shall not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the NOA/Contract after the intervening cause ceases.

7.15 Governing Law; Jurisdiction: This NOA/Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Nevada, including, without limitation, Nevada's UCC (NRS Chapter 104) in effect on the date of the NOA/Contract. The parties consent to the jurisdiction and venue of the First Judicial District Court, Carson City, Nevada for enforcement of the NOA/Contract.

7.16 Entire Agreement; Conflict with Other Documents: The NOA/Contract (including all incorporated attachments) is intended by the parties as the final expression of their agreement and is the complete and exclusive statement of the terms hereof. All prior agreements are superseded and excluded. Prices, quantities, dates, and places of deliveries and means of transportation may be fixed by attachments to the NOA/Contract. Except as previously stated, if any term in any incorporated attachment or in any Vendor's invoice contradicts or negates a term in the NOA/Contract, the NOA/Contract shall control. All amendments shall be in writing and signed by the parties.

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7.17 In accordance with NRS 333.4611, the State of Nevada, Purchasing Division shall require the purchase of new appliances, equipment, lighting and other devices that use electricity, natural gas, propane or oil, have received the Energy Star label pursuant to the program established pursuant to 42 U.S.C. 6294a or its successor, or meet the requirements established pursuant to 48 C.F.R. 23.203. These standards do not apply insofar as: (a) No items in a given class have been evaluated to determine whether they are eligible to receive the Energy Star label or have been designated by the Federal Government to meet the requirements established pursuant to 48 C.F.R. 23.302 or (b) The purchase of these items that have received the Energy Star label would not be cost-effective in an individual instance, comparing the cost of the items to the cost of the amount of energy that shall be saved over the useful life of the item.

7.18 Term: In accordance with NRS 333.280, the Purchasing Division may enter into an NOA/contract for the furnishing of goods for not more than two (2) years. The original terms of an NOA/contract may be extended annually thereafter if the conditions for extension are specified in this solicitation, and the Purchasing Division determines that an extension is in the best interest of the State.

7.19 Insurance: Automobile Liability, as stated below, is required only if the commodity is being delivered to the State by the vendor. If the commodity is being shipped by common carrier, automobile liability shall not be required. Vendor shall furnish the State with certificates of insurance (ACORD form or equivalent approved by the State) as required. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

7.19.1 Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles used in the performance of this Contract.

Combined Single Limit (CSL) $1,000,000

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ATTACHMENT A – COMPLIANCE CERTIFICATION

Submission of a bid shall constitute an agreement to all terms and conditions specified in this ITB, including, without limitation, the Terms and Conditions for Purchase of Goods.

I have read, understand and agree to comply with Section 2, Item Specification in this ITB. Checking “Yes” indicates compliance, while checking “No” indicates non-compliance and shall be detailed in the table below. In order for any exceptions to be considered they shall be documented.

YES _______ I agree. NO _______ I do not agree, Exceptions below:

Vendor Name

Vendor Signature

Print Name Date

EXCEPTION SUMMARYAttached additional sheets if necessary

SECTION 2(SPECIFY ITEM #)

EXCEPTION(PROVIDE A DETAILED EXPLANATION)

ITB 8625 Revised: 02-27-17 Page 29 of 29