HomeMy WebLinkAboutC2020-031 - Laryr H. Miller Ford Mesa Contract No.2020-031
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LHM CORP MFD
D/B/A
LARRY H. MILLER FORD MESA
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of August 29,2019,between the Town of Fountain Hills,an Arizona municipal corporation(the
"Town"), and LHM CORP MFD d/b/a Larry H. Miller Ford Mesa, a Utah corporation (the
"Contractor").
RECITALS
A. After a competitive procurement process, the City of Mesa, Arizona. (the "City")
entered into Contract No. 2018184, dated September 10, 2018, (the "City Contract"), with Berge
Ford, Inc., an Arizona corporation, for the purchase of 2018 or newer animal control extended cab
transport trucks, three quarter(3/4)ton capacity. All of the capitalized terms not otherwise defined
in this First Amendment have the same meanings as defined in the Contract. The City Contract is
attached as Exhibit A and incorporated herein by reference to the extent not inconsistent with this
Agreement.
B. The City Contract was assigned to Contractor effective March 1, 2019, a copy of
which assignment is included in Exhibit A.
C. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities, including the
Town.
D. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide labor,
equipment, and materials necessary to install carpet and flooring materials (the "Materials and
Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
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1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until August 28, 2020 (the "Initial Term"), unless
terminated as otherwise provided in this Agreement or the City Contract. After the expiration of
the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the
"Renewal Term") if: (i) it is deemed in the best interests of the Town, subject to availability and
appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has
not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of
this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
one-year term and (iv)the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the City Contract), as evidenced by the Town Manager's
signature thereon,which approval may be withheld by the Town for any reason. The Contractor's
failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of
the then-current term of this Agreement; provided, however, that the Town may, at its discretion
and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
"Term." Upon renewal, the terms and conditions of this Agreement shall remain in full force and
effect.
2. Scope of Work. Contractor shall provide to the Town the Services under the terms
and conditions of the City Contract and according to the specifications set forth in the Contractor's
Proposal attached hereto as Exhibit B and incorporated herein by reference.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk and may be returned to the
Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of non-
conforming Materials or Services, the Town may elect to do any or all of the following by written
notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii)
bring Materials or Services into compliance and withhold the cost of same from any payments due
to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel any work order within
a reasonable time after issuance. Should a work order be canceled, the Town agrees to reimburse
the Contractor, but only for actual and documentable costs incurred by the Contractor due to and
after issuance of the work order. The Town will not reimburse the Contractor for any costs incurred
after receipt of the Town notice of cancellation, or for lost profits, shipment of product prior to
issuance of a work order or for anything not expressly permitted pursuant to this Agreement.
3. Compensation.The Town shall pay Contractor an amount not to exceed$39,093.06
for the Materials and Services at the rates set forth in the City Contract and as more particularly
set forth in Exhibit B.
4. Payments. The Town shall pay the Contractor upon delivery of Materials and
Services.
5. Records and Audit Rights.To ensure that the Contractor and its subcontractors are
complying with the warranty under Section 6 below, Contractor's and its subcontractors' books,
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records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or services pursuant to this Agreement (all of the foregoing
hereinafter referred to as "Records"), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor's and its subcontractors' compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to
audit Records as set forth in this Section,Contractor and its subcontractors hereby waive any rights
to keep such Records confidential. For the purpose of evaluating or verifying such actual or
claimed costs or units expended,the Town shall have access to said Records, even if located at its
subcontractors' facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this
Agreement. Contractor and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to comply with
such warranty shall be deemed a material breach of this Agreement and may result in the
termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. Applicable Law;Venue.This Agreement shall be governed by the laws of the State
of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa
County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement.The parties agree that the Town has no obligation
or duty of good faith to budget or appropriate the payment of the Town's obligations set forth in
this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement
is executed and delivered. The Town shall be the sole judge and authority in determining the
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availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make
any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town.
Contractor hereby waives any and all rights to bring any claim against the Town from or relating
in any way to the Town's termination of this Agreement pursuant to this section.
1 l. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, the City Contract, the Proposal, and invoices, the documents shall
govern in the order listed herein.Notwithstanding the foregoing, and in conformity with Section 2
above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of
this Agreement or the City Contract (collectively, the "Unauthorized Conditions"), other than the
Town's project-specific requirements, are expressly declared void and shall be of no force and
effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized
Conditions or failure to demand full compliance with the terms and conditions set forth in this
Agreement or under the City Contract shall not alter such terms and conditions or relieve
Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the
performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the State to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town under
this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings)to which any such Indemnified
Party may become subject, under any theory of liability whatsoever ("Claims"), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work
or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the
performance of this Agreement.
14. Notices and Requests.Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if
(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,registered
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service,to the address set forth below:
If to the Town: Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, Arizona 85268
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Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 E. Falcon Dr., Ste. 111
Mesa, Arizona 85215
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Larry H. Miller Ford Mesa
460 East Auto Center Drive
Mesa, Arizona 85204
Attn: Theresa Worthen
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
*tcl -Ai\*A. 4.1.,..„
M
Grady E. Miller Tow anager
ATTEST:
Elizabet . urke, Town C erk
APPROVED AS TO FORM:
d . mson, Towuomey
(ACKNOWLEDGEMENT)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
O �. Yv u r � ,2019,before me personally appeared Grady E.Miller,the Town
Manager of the OWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills.
�`"���, JAMIE SALENTtNE j J 4�Ll�
�__- ! Notary Public-State of Arirort� N` r Public
MARICOPA COUNTY y
�j Commission*550103
dri n� Expires July 11,2022
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA,
a Utah corporation
x
1BY' "- (A)/9/1/
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Name:7 -s - ter+A
Its: Ira 'r. 0''c‘4 i s inn g r
(ACKNOWLEDGEMENT)
STATE OF A 2..--- )
)ss.
COUNTY OF t )
On ?'" , 2019, before me personally appeared 'VetS A 1 " the
of LHM CORP MFD D/B/A LARRY H. MILLER FORD MESA, a Utah
corporation,whose identity was proven to me on the basis of satisfactory evidence to be the person
who he or she claims to be,and acknowledged that he or she signed the above document,on behalf
of the corporation.
t;, ,,, ROSANNALOGAN
:� ,. • �� Notary Public
MARICOPA COUNTY,AR4NA y Public
4G-Z,4---------
Notary�a,,, a, My Commission Expires
March 20,2021
(Affix notary seal here)
EXHIBIT A
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LHM CORP MFD
D/B/A
LARRY H. MILLER FORD MESA
[City Contract]
See following pages.
mesa az
AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018184
2018 OR NEWER ANIMAL CONTROL EXTENDED CAB TRANSPORT TRUCKS, THREE QUARTER
(3/4)TON CAPACITY.
CITY OF MESA, Arizona ("City")
Department Name City of Mesa—Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 400
Mesa, AZ 85201
Attention Darryl Woodson, CPPB
Senior Procurement Officer
E-Mail Darryl.Woodson(@,MesaAZ.qov
Telephone (480)644-3261
Facsimile (480)644-2655
AND
BERGE FORD, ("Contractor")
Mailing Address 460 E Auto Center Dr
Mesa, AZ 85204
Delivery Address
Attention Theresa Worthen, Government Fleet Sales
E-Mail tworthen@beroeford.com
Telephone 480-497-7544
Facsimile
CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This agreement pursuant to solicitation ("Agreement") is entered into this 10th day of September, 2018, by
and between the City of Mesa, Arizona, an Arizona municipal corporation ("City"), and Berge Ford, a State
corporation ("Contractor"). The City and Contractor are each a "Party" to the Agreement or together are
"Parties"to the Agreement.
RECITALS
A. The City issued solicitation number 2018184 ("Solicitation") for OR NEWER ANIMAL CONTROL
EXTENDED CAB TRANSPORT TRUCKS, THREE QUARTER (3/4) TON CAPACITY, to which
Contractor provided a response ("Response"); and
B. The City Selected Contractor's Response as being in the best interest of the City and wishes to
engage Contractor in providing the services/materials described in the Solicitation and Response.
In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good
consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the
following Terms & Conditions.
TERMS & CONDITIONS
1. Term. This Agreement is for a term beginning on September 11, 2018 and ending on September
10, 2021. The use of the word "Term" in the Agreement includes the aforementioned period as
well as any applicable extensions or renewals in accordance with this Section 1.
1.1 Extension for Procurement Processes. Upon the expiration of the Term of this
Agreement, including any renewals permitted herein, at the City's sole discretion this
Agreement may be extended on a month-to-month basis for a maximum of six(6) months
to allow for the City's procurement processes in the selection of a vendor to provide the
services/materials provided under this Agreement. The City will notify the Contractor in
writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the
expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of
the same terms and conditions as in effect immediately prior to the expiration of the then-
current term.
1.2 Delivery. Delivery shall be made to the location(s)contained in the Detailed Specifications
within two-hundred (200) days after receipt of an order.
2. Detailed Specifications. The Contractor will provide the necessary staff, services and associated
resources to provide the City with the services, materials, and obligations attached to this
Agreement as Exhibit A("Detailed Specifications") Contractor will be responsible for all costs and
expenses incurred by Contractor that are incident to the performance of the Detailed Specifications
unless otherwise stated in Exhibit A. Contractor will supply all equipment and instrumentalities
necessary to perform the Detailed Specifications. If set forth in Exhibit A, the City will provide
Contractor's personnel with adequate workspace and such other related facilities as may be
required by Contractor to carry out the Detailed Specifications.
3. Orders. Orders be placed with the Contractor by either a: (i) Purchase Order when for a one-time
purchase; (ii) Notice to Proceed, or(iii) Delivery Order off of a Master Agreement for Requirement
Contract where multiple as-needed orders will be placed with the Contractor. The City may use
the Internet to communicate with Contractor and to place orders as permitted under this Agreement
4. Document Order of Precedence. In the event of any inconsistency between the terms of the
body of the Agreement, the Exhibits, the Solicitation, and Response, the language of the
documents will control in the following order.
a. Agreement
b. Exhibits
1. Detailed Specifications
2. Technical Specifications
3. Pricing
4. Mesa Standard Terms & Conditions
5. Payment.
5.1 General. Subject to the provisions of the Agreement, the City will pay Contractor the
sum(s) described in Exhibit C ("Pricing") in consideration of Contractor's performance of
the Detailed Specifications during the Term.
5.2 Prices. All pricing shall be firm for the Term and all extensions or renewals of the Term
except where otherwise provided in this Agreement and include all costs of the Contractor
providing the materials/service including transportation, insurance and warranty costs. No
fuel surcharges will be accepted unless allowed in this Agreement. The City shall not be
invoiced at prices higher than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
5.3 Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this Section 5.3. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
Sixty(60)days prior to the initial one(1)year contract effective date,the Bidder may submit
a written request that the City increase the prices in the amount no more than the twelve
(12) month change in the Producer Price Index for 336110, Not Seasonally Adjusted as
published by the U.S. Department of Labor, Bureau of Labor Statistics
(http://www.bls.gov/ppi/home.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld. Renewal prices for the second contract year
shall be firm for a minimum of a one hundred eighty (180) days.
5.4 Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 1,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
5.5 Invoices. Payment will be made to Contractor following the City's receipt of a properly
completed invoice. Any issues regarding billing or invoicing must be directed to the City
Department/Division requesting the service or material from the Contractor. A properly
completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement;
d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit;
i. Applicable Taxes; and
j. Total amount due.
5.6 Payment of Funds. Contractor acknowledges the City may, at its option and where
available use a Procurement Card/e-Payables to make payment for orders under the
Agreement. Otherwise, payment will be through a traditional method of a check or
Electronic Funds Transfer(EFT) as available.
5.7 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which
payment was made to Contractor is a disallowed cost, such as an overpayment or a charge
for materials/service not in accordance with the Agreement, the City will notify Contractor
in writing of the disallowance; such notice will state the means of correction which may be,
but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the
amount of the disallowance, or to require repayment of the disallowed amount by
Contractor. Contractor will be provided with the opportunity to respond to the notice.
6. Insurance.
6.1 Contractor must obtain and maintain at its expense throughout the term of Contractor's
agreement, at a minimum, the types and amounts of insurance set forth in this Section 6
from insurance companies authorized to do business in the State of Arizona;the insurance
must cover the materials/service to be provided by Contractor under the Agreement. For
any insurance required under the Agreement, Contractor will name the City of Mesa, its
agents, representatives, officials, volunteers, officers, elected officials, and employees as
additional insured, as evidenced by providing either an additional insured endorsement or
proper insurance policy excerpts.
6.2 Nothing in this Section 6 limits Contractor's responsibility to the City. The insurance
requirements herein are minimum requirements for the Agreement and in no way limit any
indemnity promise(s) contained in the Agreement.
6.3 The City does not warrant the minimum limits contained herein are sufficient to protect
Contractor and subcontractor(s) from liabilities that might arise out of performance under
the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).
Contractor is encouraged to purchase additional insurance as Contractor determines may
be necessary.
6.4 Each insurance policy required under the Agreement must be in effect at or prior to the
execution of the Agreement and remain in effect for the term of the Agreement.
6.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate
of Insurance(using an appropriate"ACORD"or equivalent certificate)signed by the issuer
with applicable endorsements. The City reserves the right to request additional copies of
any or all of the policies, endorsements, or notices relating thereto required under the
Agreement.
6.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance
is primary of all other sources available. When the City is a certificate holder and/or an
additional insured, Contractor agrees no policy will expire, be canceled, or be materially
changed to affect the coverage available without advance written notice to the City.
6.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery
(waiver of subrogation) against the City, its agents, representatives, officials, volunteers,
officers, elected officials, and employees for any claims arising out of the work of
Contractor.
6.8 All insurance certificates and applicable endorsements are subject to review and approval
by the City's Risk Management Division.
6.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the
term of the Agreement, at a minimum, the following:
6.9.1 Worker's compensation insurance in accordance with the provisions of Arizona
law. If Contractor operates with no employees, Contractor must provide the City
with written proof Contractor has no employees. If employees are hired during
the course of this Agreement, Contractor must procure worker's compensations
in accordance with Arizona law.
6.9.2 The Contractor shall maintain at all times during the term of this contract, a
minimum amount of$1 million per occurrence/$2 million aggregate Commercial
General Liability insurance, including Contractual Liability. For General Liability
insurance, the City of Mesa, their agents, officials, volunteers, officers, elected
officials or employees shall be named as additional insured, as evidenced by
providing an additional insured endorsement.
6.9.3 Automobile liability, bodily injury and property damage with a limit of$1 million
per occurrence including owned, hired and non-owned autos.
6.9.4 Owners & Contractors Protective Liability Coverage (OCP)
6.9.5 Garage Liability—Occurrence Form
7. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements
contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).
Orders will only be placed when the City identifies a need and issues a purchase order or a written
notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed
within a reasonable period of time of issuance; any such cancellation will be in writing. Should a
purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any
actual and documented costs incurred by Contractor. The City will not reimburse Contractor for
any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits,
shipment of product, or performance of services.
8. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor as
listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth
the Mesa Standard Terms and Conditions that is attached to the Agreement as Exhibit D.
9. Representations of Contractor. To the best of Contractor's knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement
or with Contractor's undertaking of the relationship with the City;
b. Performance of the services called for by the Agreement do not and will not violate any
applicable law, rule, regulation, or any proprietary or other right of any third party;
c. Contractor will not use in the performance of Contractor's responsibilities under the Agreement
any proprietary information or trade secret of a former employer of its employees (other than
City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written,
in conflict with the Agreement.
10. Mesa Standard Terms and Conditions. Exhibit D to the Agreement is the Mesa Standard Terms
and Conditions as modified by the Parties, which are incorporated by reference into the Agreement
as though fully set forth herein. In the event of any inconsistency between the terms of the
Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will
control. The Parties or a Party are referred to as a"party" or"parties" in the Mesa Standard Terms
and Conditions. The Term is referred to as the"term" in the Mesa Standard Terms and Conditions.
11. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two
(2)or more counterparts, each of which will be deemed an original and all of which,taken together,
will constitute one agreement. A facsimile or other electronically delivered signature to the
Agreement will be deemed an original and binding upon the Party against whom enforcement is
sought.
12. Incorporation of Recitals and Exhibits. All Recitals and Exhibits to the Agreement are hereby
incorporated by reference into the Agreement as if written out and included herein. In the event of
any inconsistency between the terms of the body of the Agreement and the Exhibits, the language
of the Agreement will control.
Exhibits to this Agreement are the following:
o (A) Detailed Specifications
o (B)Technical Specifications
o (C) Pricing
o (D) Mesa Standard Terms and Conditions
13. Attorneys' Fees. The prevailing Party in any litigation arising out of the Agreement will be entitled
to the recovery of its reasonable attorney's fees, court costs, and other litigation related costs and
fees from the other Party.
14. Additional Acts. The Parties agree to execute promptly such other documents and to perform
such other acts as may be reasonably necessary to carry out the purpose and intent of the
Agreement.
15. Headings. The headings of the Agreement are for reference only and will not limit or define the
meaning of any provision of the Agreement.
Respondent Certification
By submitting the Response and signing this Certification, the Respondent understands and
certifies to all of the following.:
a) The information provide,:l in Respondent's Response it true and accurate to the best of
Respondents knowledge,
ta) Respondent is under no legal prohibition that waitid prevent Respondent from contracting with the
City of Mesa
c) Respondent has read and understands the Solicitation packet as a whole(including attachments.,
exhibits, and referenced documents) arid: (i)can attest that Respondent is in compliance with the
requirements of the Solicitation packet.and(ii)is capable of fully carrying out Me requirements of
the Solicitation as set forth in Respondents Response
d) To Respondent's knowledge, Respondent and Respondent's employees have no known,
undisclosed conflicts of interest as defined by applicable law or City of Mesa Procurement Rules.,
if Respondent or Respondent employees have a known conflict of interest. Respondent has
disclosed The conflict in its Response,
e) Respondent did not engage in any ant competitive practices related to its Response or the
Solicitation 'The prices offered by Respondent were independently developed without
consultation or collusion with any other Respondents or potential Respondents,
f) No gifts, payments or other consideration were made to any City employee, officer., elected
official, agent, or consultant who has or may have a role in the procurement process for the
services/materials covered by the Solicitation,
g) Respondent grants the City of Mesa permission to copy all parts of its Response inCluding,
without limitation, any documents arid materials copyrighted by Respondent (I)for the.City's use
in evaluating the Response; and(ii)to be disclosed in response to a public records request under
Arizona's public records law 39a121 et seq,) or other applicable law, subpoena, or
other judicial process provided such disclosure is in accordance with City of Mesa Procurement
Rule 6,13,
h) If a contract ts awarded to Respondent as a result of the Response submitted to the Solicitation
Respondent will:
Provide the materials or servtoes specified in the Response in compliance with all
applicable federal, state, and local statutes, rules and policies,
ii, Honor all elements of the Response submitted by Respondent to the City including, but
not limited to, the price and the materials/services to be provided; and
iii, Enter into an agreement with the City based on the terms and conditions of the
Solicitation and the Response, subject to any negotiated exceptions and terms,
i) Respondent is current in ail obligations due to the City including any amounts owed the City and
any licensesipermits required for the general laviti conduct of business. Respondent shall
acquire all licensesipermits necessary to lawfully conduct business specific to the Solicitation
prior to the execution of a contract with the City pertaining to the Solicitation,.
j) The signatory of this Certification is an officer or duly authorized agent of Respondent with full
power and authority to submit binding offers for the goodsiservices specified herein, Respondent
intends by the submission ,of his Certification to be botind by the terms of the Certfication,
Solicitation, and Response, subject to any negotiated terms/exceptions,
ACCEPTED AND AGREED TO BY RESPONDENT:
Company Name BFRGE FQj3.
Signature.onALAta
Printed Name:THEREm WORTHEN
Title,:ra.QYERNMENT FLEET SN,ES,_
Date: 011.1.118
City Acceptance of Offer
ACCEPTANCE OF OFFER:
The offer is hereby accepted. The Contractor is now bound to sell the materials or services specified in the
Contract, including all terms and conditions, specifications, addenda, etc. This contract shall henceforth be
referred to as Contract Number 2018184.
Awarded this 10th day of September, 2018.
Digitally signed by Edward Quedens
iJN:cn=Edward Quedens,o=City of Mesa,
ou=9usiness Service:Department,
er ';oedpuectens�smesaazgov,c-US
rr.� Location:City of Mesa
.4
t Date:2018.C14.261735:20-07'W'
Adobe Acrobat version:201A.W9.2WiU
Edward Quedens, CPPO, C.P.M.
As Business Services Director
REVIEWED BY:
By: --, -"`47, 1-V. 4''C '
EXHIBIT A
DETAILED SPECIFICATIONS
1. DELIVERY: Delivery shall be made to the location(s) contained herein within two hundred (200)
days after receipt of an order or as quoted in the bid response.
Ship to: City of Mesa Fleet Services Department
6935 E. Decatur Street
Mesa, AZ 85207
3. ADDITIONAL PURCHASES: The City reserves the right to purchase additional light duty three
quarter(3/4)ton animal control trucks after the bid award date.
a. Orders placed after initial bid pricing expiration date shall be priced in accordance with
instructions in the Detailed Specifications.
5. PRICING:
a. Prices. All pricing for the initial term shall be firm for a minimum of one-hundred eighty
(180) days except where otherwise provided by the specifications, and include all
transportation, insurance and warranty costs. The City shall not be invoiced at prices higher
than those stated in the Agreement.
The Contractor further agrees that any reductions in the price of the materials or services
covered by this Agreement will apply to the undelivered balance. The Contractor shall
promptly notify the City of such price reductions.
No price modifications will be accepted without proper request by the Contractor and
response by the City's Purchasing Division.
b. Price Adjustment. Any requests for reasonable price adjustments must be submitted in
accordance with this section. Requests for adjustment in cost of labor and/or materials
must be supported by appropriate documentation. There is no guarantee the City will
accept a price adjustment therefore Contractor should be prepared for the Pricing to be
firm over the Term of the Agreement. The City is only willing to entertain price adjustments
based on an increase to Contractor's actual expenses or other reasonable adjustment in
providing the services/materials under the Agreement. If the City agrees to the adjusted
price terms, the City shall issue written approval of the change.
Sixty(60)days prior to the initial one(1)year contract effective date,the Bidder may submit
a written request that the City increase the prices in the amount no more than the twelve
(12) month change in the Producer Price Index for 336110, light truck and utility
vehicle manufacturer, Not Seasonally Adjusted as published by the U.S. Department of
Labor, Bureau of Labor Statistics (http://www.bls.gov/ppi/home.htm).
The City shall review the request for adjustment and respond in writing; such response and
approval shall not be unreasonably withheld. Renewal prices for the second contract year
shall be firm for a minimum of a one hundred eighty(180) days.
c. Renewal and Extension Pricing. Any extension of the Agreement will be at the same
pricing as the initial Term. If the Agreement is renewed in accordance with Section 6,
pricing may be adjusted for amounts other than inflation that represent actual costs to the
Contractor based on the mutual agreement of the parties. The Contractor may submit a
request for a price adjustment along with appropriate supporting documentation
demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the
renewal period and may be adjusted thereafter as outlined in the previous section. There
is no guarantee the City will accept a price adjustment.
EXHIBIT A
DETAILED SPECIFICATIONS
7. SHIPPING TERMS: Bid prices shall be F.O.B.destination, Fleet Services Division,6935 E Decatur
Street, Mesa Arizona 85207. Bidder shall retain title and control of all goods until they are delivered
and acceptance has been made. All risks of transportation and related charges shall be the
responsibility of the Bidder. The Bidder shall file all claims for visible or concealed damage. Fleet
Services will notify the Bidder promptly of any damaged goods and assist the Bidder in arranging
for inspection.
8. DELIVERY/INVOICING: Bidders deliver the equipment within the time frame bid. The Bidder shall
be responsible for delivery of all equipment in a complete and ready-for-use condition with all
components functioning, cleaned, tested, lubricated, and serviced. Equipment delivered shall be
free of decals or emblems identifying or advertising the Bidder. Safety decals or the standard
identification of a manufacturer is acceptable but must meet the ANSI Standard 245.1.
The Bidder shall be responsible for ensuring the delivery performance of subcontractors.
Delivery shall be between the hours of 8:00 a.m. and 12:00 noon or 2:00 p.m. and 4:00 p.m.,
Monday through Friday(excluding holidays), to the Fleet Services Facility, 6935 E Decatur Street,
Mesa Arizona 85207. The vehicle(s) shall be prepared for immediate use including a full tank of
fuel. Vehicles delivered with less than full tank of fuel will be refused.
Documents to be presented at the time of delivery shall include the following:
■ One (1)Title/registration application for each unit delivered.
• One (1) Manufacturer's window sticker with price and option information. Do not
leave the sticker on the vehicle door glass.
• One (1) Dealer's invoice with a typed VIN, purchase order number, and dealer's
stock number.
• Dealer to supply a MVD level one inspection on any vehicle with 3/4 ton capacity or
higher that started out as a cab/chassis
■ One (1) Manufacturer's "Statement of Origin" for each unit delivered with a typed
assignment as follows:
City of Mesa
Fleet Services Department
P.O. Box 1466
Mesa, AZ 85211-1466
Documents to be delivered PRIOR TO DELIVERY OF THE LAST UNIT (Delivery shall not be
considered complete until the City is in receipt of the manuals)shall include:
• If the vehicle is equipped with auxiliary equipment two (2) sets each of the parts
books, service manual, and video(if available), shall be furnished with each system
The manuals and schematics supplied shall provide complete and comprehensive information on
all equipment, equipment components, and accessories as supplied to comply with this
Specification. If changes, modifications, additions, or alterations of any kind are made on the
equipment,the Bidder shall provide blueprints, line drawings, and descriptive text sufficient to allow
one of average skill in general mechanics to diagnose, repair, and maintain the equipment and all
components.
On equipment assembled from manufactured components, the parts manuals shall show the
manufacturer of each part and all cross-referencing between the Bidder and manufacturer.
The City of Mesa shall have the right to reproduce any material for City of Mesa educational
purposes only.
EXHIBIT A
DETAILED SPECIFICATIONS
All books, CD's, and manuals shall be delivered to the City of Mesa prior to delivery of the last unit.
Delivery shall not be considered complete until the City of Mesa is in receipt of all books and
manuals.
9. ACCEPTANCE: Each item delivered shall be subject to a complete inspection by Fleet Services
prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to
Specification, mechanical integrity, quality, workmanship, and materials. Thirty-(30)calendar days
shall be allowed for this process. If a problem or discrepancy is found, the dealer shall retrieve the
vehicle within two (2) business days of notification for correction/repairs and redeliver said vehicle
as soon as the repairs are complete.
Certified weight slip shall be presented for any unit that has had body modifications or body
mounted to chassis, etc.The weight slip must reflect the tare weight and fully loaded weight. Fleet
Services will reject any vehicle that does not meet advertised capacity and/or will not legally load
(GVWR)to specification.
10. FINAL ACCEPTANCE, TESTING: Final acceptance shall be evidenced by the City's written
certification to Bidder that all vehicles, parts and components have been successfully delivered and
installed by the Bidder, are operational and inspected and accepted by the City. The acceptance
of such items shall be based on the items meeting, to the satisfaction of the City, the acceptance
standards set forth in the contract document.
The items provided under this contract document shall meet all of the following standards:
(i) All components shall be in good working order and operational upon Final Acceptance.
(ii) All components shall be supplied from Bidder.
(iii) All model and/or parts shall consist of the highest quality materials.
(iv) All components shall be in good, undamaged condition.
The vehicle(s), to pass the final acceptance test, must operate free from defects during the test.
"Free From Defects" means that the vehicle(s) operates in accordance with requirements set forth
in, or delivered pursuant to, the specification.
11. CERTIFICATION OF FINAL ACCEPTANCE: The vehicle(s) shall require a certification of Final
Acceptance. Such certification shall evidence that the Contractor has completed the vehicle(s) in
accordance with the specification and the vehicle(s) have been inspected, tested and accepted by
the City. The date certification of Final Acceptance is executed by the City shall be the Final
Acceptance Date. All Warranty Periods shall begin upon the Final Acceptance Date.
12. CHANGE ORDERS: No changes shall be made pursuant to the specification without a properly
executed change order. Changes in the vehicle specifications, delivery schedule or vehicle parts
may be made pursuant to a written change order signed by Peter Scarafiotti, Automotive Engineer
or designee. The Automotive Engineer or designee must sign any change order which modifies
the total contract price. No changes shall be made to the vehicle(s) or parts without a properly
executed change order.
13. INSPECTION,TESTING AND REJECTION:All items, including, without limitation, vehicles, parts,
materials, and components shall be subject to inspection and testing by the City upon delivery. If
any items are defective in material or workmanship or otherwise not in conformity with the
requirements of this specification,the City shall have the right to require their correction or to require
replacement. Items that have been rejected or required to be corrected shall be removed or, if
permitted by the City, corrected in place by and at the expense of Bidder promptly after notice.
Such items shall not thereafter be tendered for acceptance unless the former rejection or
requirement of correction is disclosed. If Bidder fails to remove promptly such items required to be
removed, or to replace or correct promptly such items required to be removed, replaced, or
corrected, Bidder shall be in default under this specification. In addition to, and not in lieu of, any
EXHIBIT A
DETAILED SPECIFICATIONS
rights that the City may have under this Contract Document or otherwise as a result of such default,
the City, at its sole discretion, may either:
(i). Accept delivery of the defective items and charge Bidder costs incurred or deduct from amounts
due Bidder the costs incurred by the City for such correction; or
(ii) Charge Bidder the total cost incurred by the City; or
(iii) Require the delivery of such items at a reduction in price that is equitable under the
circumstances.
All inspections and tests by the City shall be performed in such a manner as not to unduly delay
the final acceptance of the vehicle(s). With respect to rejected items, the City shall not be liable for
any reduction in value of such rejected items used in connection with such inspection or test.
Failure to inspect or reject items shall not relieve Bidder of responsibility for items that are not in
accordance with the requirements of this contract document, nor impose any liability on the City for
any reason. Inspection and testing of any item does not relieve Bidder from any responsibility
regarding defects that may be discovered prior to Final Acceptance or during all warranty periods.
14. TRANSPORT: The Bidder shall be fully responsible for the transport of the equipment to and from
Fleet Services, 6935 E Decatur Street, Mesa Arizona 85207 for installation and correction of items
or workmanship not in compliance with the specification. The Bidder shall be responsible for any
loss of or damage to City of Mesa property while such property is in Bidder's possession and/or
subject to Bidder's control.
15. CANCELLATION: Failure to provide materials, supplies, or instruments in accordance with
specifications or failure to meet stated delivery commitments may be cause for immediate
cancellation of the contract.
16. WARRANTY:
A. All equipment purchased on this bid shall be purchased from one (1) Bidder. That one (1)
Bidder shall be fully responsible for all warranty performance relating to any part or
component of the purchased equipment regardless of who installed the component.
B. The Bidder's responsibility shall include all warranty involving a Sub Contractor.
C. The Bidder shall supply a minimum thirty-six (36)-month warranty on all parts and
workmanship on chassis and vocational body and equipment, from the initial in-service
date as reported by the Fleet Services Division. The Contractor shall further guarantee the
vehicle / equipment supplied complies with all applicable State/Federal laws and
regulations in effect at the time of delivery.
D. The Bidder shall state in writing any additional duration of their warranty that goes above
and beyond the minimum requested warranty stated in C above. This shall include any
applicable limitations or conditions.
E. Any Bidder that wishes to bid on vehicles/equipment for the City of Mesa must have an
authorized warranty dealer who can perform warranty repairs within a fifty(50)-mile radius
of Fleet Services, 310 E 6th Street, Mesa Arizona 85211-1466. If no authorized dealer is
available and Fleet Services chooses to purchase said equipment, Fleet Services may
perform the warranty repairs during the term of warranty agreement.
17. DESCRIPTIVE LITERATURE: All bidders must submit complete manufacturers' descriptive
literature regarding the equipment they propose to furnish. The literature shall be sufficient in detail
in order to allow a full and fair evaluation of the bid submitted. Failure to include this information
may result in the bid being rejected.
EXHIBIT A
DETAILED SPECIFICATIONS
All modifications made to the standard production unit described in the manufacturer's brochures
must be certified by the manufacturer and submitted with the bid, or the bid will be deemed "non-
responsive" and rejected without further review.
18. BRAND NAMES OR EQUAL: The brand name or equal specification used in this solicitation is for
the purpose of describing the standard of quality, performance, and characteristics desired and are
not intended to limit or restrict competition. Any offer that proposes equal quality, design, or
performance will be considered if the product offered is identified in the bid (including sufficient
technical information) and determined by Fleet Services to be equal in all material respects to the
brand name product referenced in the bid. Decisions of functional equivalency will be at the sole
interpretation and discretion of the City of Mesa. A blanket statement that equipment proposed will
meet all requirements will not be sufficient to establish equivalence.
19. DEMONSTRATOR UNITS: Bidder must be prepared to supply a demonstrator unit for the City of
Mesa to evaluate. The demonstrator unit must be available within fourteen (14) calendar days of
notification and must be available for an on-site, hands-on evaluation for a minimum of one 10-hour
shift. The demonstrator unit must meet these specifications. Inability to provide a demonstrator or
acceptable alternative may be grounds for rejecting the vendors' bid.
20. NEW EQUIPMENT: All equipment supplied pursuant to this Specification shall be new, unused,
current production models equipped as described in the manufacturer's published literature and
specification sheets. Demo units may be considered if the unit has never been licensed and unit
meets the technical specification. The bidder on the submittals shall note any variation between
the equipment bid and OEM literature and specification sheets. The equipment specified herein
shall be equipped with those items normally supplied in the stream of commerce. Any item(s) not
specifically mentioned shall not be interpreted as not requested. Specifications are intended to set
minimum levels of quality and/or suitability.
21. IDENTICAL UNITS: When equipment is purchased in quantities greater than one (1), each unit
shall be identical in all aspects of design and manufacture unless specifically stated in the technical
portion of the specification.
22. PARTS AVAILABILITY: Since the continuous operation of the City of Mesa's equipment is
important and sometimes of an emergency nature, the successful bidder must be in a position to
render prompt parts support. The availability of normal wear items(filters, belts, hoses, and cutting
edges) shall not exceed one (1) working day. The parts inventory shall be of sufficient size and
variety to offer a level of availability of 95% of all parts within two (2)working days after the date of
City of Mesa order. The successful bidder shall maintain and/or have access to a parts inventory
that can meet the City of Mesa's delivery requirements. Submission of this bid shall constitute a
guarantee by the bidder that a complete stock of replacement parts for the specified equipment is
available and the bidder is in agreement with this provision.
23. SERVICE: The successful bidder agrees to the following Fleet Services requirements:
A. Must possess a local established, franchised repair shop facility capable of accomplishing
corrective action on any component failure.
B. The equipment Bidder or manufacturer must be capable of providing repair parts and
supply support for a minimum period of five (5) years after purchase of the unit(s) offered.
C. The equipment Bidder or manufacturer must initiate physical repairs on equipment failures
within seventy-two(72)consecutive hours after notification excluding weekends as well as
state and federal holidays during the purchased equipment's warranty period. In the event
any and all work is accomplished at the Contractors location, the Contractor shall be
responsible for all transportation costs (during the warranty period).
D. The City of Mesa has the right to impose a noncompliance charge on the equipment Bidder.
Fees shall be the City of Mesa's daily rental rate and any operational costs incurred by the
City of Mesa. Fees shall be imposed on the first day after the seventy-two (72) hour
EXHIBIT A
DETAILED SPECIFICATIONS
notification period has terminated. Fees will continue until the Contractor has initiated
repairs.
E. The equipment Bidder and manufacturer must provide technical support and reasonable
equipment modification at no cost to the City of Mesa for a period of ninety (90) calendar
days after the City of Mesa's acceptance of the purchased unit(s)to ensure the equipment
is capable of performing to the City of Mesa's intended operational functions.
24. TITLE: Vehicles are to be titled to:
City of Mesa
Fleet Services Department
PO Box 1466
Mesa, AZ 85211-1466
25. WORKMANSHIP: Vehicles shall be free from defects that may impair their serviceability or detract
from appearance.
A. All bodies, systems, equipment, and interfaces with the chassis shall be done in
accordance with the OEM chassis Body Builder's Book, NTEA Truck Equipment Handbook
and the following City of Mesa—Fleet Engineering Design Standards:
• FS-600— Welding Standards
• FS-601—Fastener Standards
• FS-602— Vocational Body Fabrication & Mounting
B. Whenever dissimilar metals are used, they shall be insulated against corrosive action.
C. All components will be new. Defective components shall not be furnished. Parts,
equipment, and assemblies that have been repaired or modified to overcome deficiencies
shall not be furnished without the approval of the City of Mesa. Component parts and units
shall be manufactured to definite standard dimensions with proper fits, clearances, and
uniformity. Welded, bolted, and rivet construction utilized shall be in accordance with the
highest standards of industry. General appearance of the unit shall not show any evidence
of poor workmanship.
D. Reasons for rejection include, but are not limited to:
(1) Rough, sharp, or unfinished edges, burrs, seams, corners, and joints.
(2) Non-uniform panels. Edges not radiused, beveled, etc.
(3) Paint runs, sags, orange peel, "fish eyes," etc., and any other imperfection or lack
of complete coverage of paint or coatings.
(4) Body panels or components that are uneven, unsealed, or contain cracks, dents,
or voids.
(5) Misalignment of body fasteners, glass, viewing panels, light housings, other items
with large or uneven gaps, spacing, etc., such as doors, body panels and hinged
panels.
(6) Improperly fabricated and routed wiring or harnesses and electrical connections.
(7) Improperly supported or secured hoses, wiring harnesses, mechanical controls,
etc., including interference with other components.
(8) Interference of chassis components, body parts, doors, etc.
(9) Leaks of any gas, vacuum, or fluid lines (air conditioning, coolant, oil, oxygen, etc.)
(10) Noise, panel vibration, etc.
(11) Inappropriate or incorrect use of hardware, fasteners, components, or methods of
construction.
(12) Incomplete or improper welding, riveting, or bolting.
(13) Lack of uniformity and symmetry where applicable.
(14) Loose, vibrating abrading body parts, components, subassemblies, hoses, wiring
harnesses, or trim.
(15) Improper body design or interface with the chassis that could cause injury during
normal use or maintenance and fail to provide access to perform routine or
mandatory repairs or maintenance on the vehicle's electrical and mechanical
EXHIBIT A
DETAILED SPECIFICATIONS
systems, in addition,the improper combination of options that(by their combination
and installation) are inherently incompatible with regard to function or safety.
(16) Sagging, non-form-fitting upholstery or padding, holes, tears, discoloration, etc.
(17) Incomplete or incorrect application of rust proofing.
(18) Visual deformities and equipment malfunction.
(19) Unsealed appurtenances or other body components, gaskets, etc.
(20) In addition, any deviation from Specification requirements or any other item
(whether or not stipulated herein) that affects form, fit, function, finish, durability,
reliability, safety, performance, or appearance shall be cause for rejection.
The City of Mesa shall have the right to define all terms such as "non-compliance", "fault,"
"defect,"or"reject."
26. EXPECTED PRACTICES AND STANDARDS: The City of Mesa expects the successful Bidder to
make all aftermarket assemblies at a minimum in accordance with the most current FMVSS, safety
and OSHA codes. However, the City of Mesa (in most cases) requires assembly procedures that
exceed those standards.
Listed below are items that the City of Mesa expects the successful Bidder to do as part of their
assembly of subcomponents on all units they are preparing for this bid.
If you have questions as to how the City of Mesa expects any of the listed items to be accomplished,
contact Pete Scarafiotti, Automotive Engineer (pete.scarafiotti@mesaaz.gov) for clarification No
less than forty-eight(48) hours before bid due date and time.
The items not assembled accordingly to the specifications set herein will be sent back to the Bidder
for rework to City standards at the expense of the Contractor, including transportation.
27. STANDARDS,CODES, RULES,AND REGULATIONS: The equipment shall be manufactured as
per good engineering practice. It shall conform to the best known current manufacturing practices
relative to design, materials, strength, quality, durability, safety, and workmanship and shall be in
accordance with the latest codes, standards, and practices of the industry and the following
professional organizations:
American National Standards Institute (ANSI)
American Society of Mechanical Engineers (ASME)
American Society for Testing and Materials (ASTM)
American Welding Society (AWS)
Federal Motor Vehicle Safety Standards (FMVSS)
Industrial Fastener Institute (IFI)
International Standards Organization (ISO)
Joint Industrial Council (JIC)
National Truck Equipment Association (NTEA)
Society of Automotive Engineers (SAE)
The Maintenance Council of The American Trucking Association (TMC)
Underwriters Laboratory (UL)
EXHIBIT B
TECHNICAL SPECIFICATIONS
Soecifcation --- M::ts Explain Deviati011
.....—
Chassis keine—: Black
Arumal Traaisiort Body:White
%,....„._.
' - • -ildAffilEELS ,
The',Wheels shall be 17 x 6.6.steel disc 'Tires shall tie Micheirti-or
Goodyear and sized and rated to net the DOT bridge formula for ,
maximum legal payiclad arid safety. .
Front Tire(2):LT2415175R17E All-t erra--iri---131-a—ckwall Load Aingiitties, i
Alt-Weather Tread Desion ,
Rear mi.0):Lt245/75R1'7IE Alt-TerTain Blackwell Load Range C Tires,Ali-
Weather Tread ' . .i.
. .
Fist size spare hi, ' i' i 1) identical what is
installed on the vehicle shall 4, 7:.-#
AB At.-10ksprietter
\‘'PAeximum engine compartment Insulation to reduce noise arid heat in the
cab, The noise level shall not exo,,,..., the OSHA standard of 80 decibels
over an 8--hour paned.
Windshield: Conventional flat glass, one piece, Soler-Ray Deep-tined
Giess ch or giove mmpartmein
Al ologulesstohavemeximumt!nt allowed by Paw(ill windows)
Storage 011 d
Tiulitedli11dtirier withome Witt,
..,.....,..,,,...... „„......... . i
kr condit°ping wf integral heater and defroster,
Power windows. IIIIIIIMIIIIIIIIIIIIIIIII
,---. _ ,,,,,
1 Power doer locks _ 1111111.111111111111111111=1
Power mirrors ME
Extended cab shill have rear seatino and rear odenino doors. MUM
interior y iiiiGleillille. 1111111011111111111110111111111111
-
Seat : 37reirit,stvie IIIIIIIIIIIIIIMIIIIIIIIII
Two visors to be hinged iti such a manner to provide shade to both the .11 i
windshield and the side windows.
Left arid fqht-hand door kinottiTirinine boards 11.11111M1111111111111111.111
rivers Information center - IIIIIIIInIIIIMIIIIIIIIII,,,,,,........,. _ ..,
rui-: Control .
,
Radio: Sync or My Link system, Blue tooth 4:ampatible AfiNF D stereo
radio wick:lox, 1 srart-charoino US B port and Interdrade display monkor
12-volt aocessOry plug (to be mounted in center Of cald below dash or on`-- ----- ---
,
.,' center console)
, _ . „.„, . •+A.R...
1 1 0 Volt I 400 Watts outlet to.be installed in dash
TOW111* Package Mirror EMI a
.
All mirror mounts shall include anti-vibration bradlnd,
a
40-20-40 Pitiiiii-geat
Gray or G , .hitt Dashrriat --
4 set,s of Ke . an. Fobs. _MOMINIIMINIIII_,.
CH -; iai fa PPM
,n acturer's standard lighting (exterior and interior)shall conform to
4 FMVSS 108._
Variable decibel, ftC41-adjustable, back up alarm shall be instatled the .511
alarm ha be either a Pnsco model 1059 or an ECCO mode SA917 ,
' • '..., _.„,, ,„ ',. 7:,...L.—... , t 1 .ISLAM%e.;,..; B ei 3 i , ..` -.• -,s• ,.--. -. •- ' '' 'r': '''''''''''',‘'..:::.':
71n' . ontral Unit bay six(6)an mar com-partments and one(1)
equipment storage cornparnnent, Fabricated using molded fiberglass-
reinforced plastic construction to eliminate seams and cracks. Smooth finish
with rounded compartment corners to facilitate cleareut.
,...,„..,
EXHIBIT B
TECHNICAL SPECIFICATIONS
_ 1 utio Meets ain Deviation
BODY DIMENSI
i"'long x. 0 wide,Body o `
overall 10
Height above Frans at rear wheels-45'; ,
Or rail t wh r.nt -a 8". "tc kip t air blower housing.}
, Front-35 1i"wide x 36"h h_3/3 51 °deep orthrough body 78".
Center 811t" x "high x deep
Rear 32 1 *wide x "high 3D deep ._..... .pro''`
Front 5 1.'2'wide x 36 hilt x 38 1 "deep or thro bod 7B",
Cent/4 261 "wide x huh x "deep
Rear 32 1 re"wide x 36"high '"'pip de
a:_. FROG THROUGH M T .
L andright front . " ,m m,
compartments connected rrn one �h�r �
cor rrpartme nt. Compartment to have heavy fiberglass door installed in
z center arid hinged to the front of the unit so it swings open and ,a,,tches to
the front wall of the unit tie create the trough compartment When closed
• and latch it aces two °"`rin rrrert
•
RE : STORAGE-Di:. , NT.
e part t to be located at rear of body with access door: h
Compartment to be "wide C 32"high x 6 81'deep. Door binged on
stainless steel hinge with full gaskets and closed with stainiees.steel "
recessed T-handie latch with hocking cylieder. Compartment for use in """'
carryi yg t-° thee etL': ail ;ruses,tree, end other suppliee, C.----_,�
CONSTR.' • :
Full ergl -r irr red plastic °c slr i e with :a gel rr f % ,
Color to h to match chassis m €.
Frame with 1.5"x 2" 14gauge high strength titular steel l all des with
"x ' 11-gauge high stre.ngth tubular steel crossrnembere Four "x 4'sc
.25 solid steel angel mounts are installed for easy mounting.on the vehicle
frame using grade 8 bob, A.street is to be completely sea in fiberglass
to minimize ex Lie to t:he elemeres and eliminate deterioration '""
The bottom of the unit is to be completely sealed wile fiberglass to provide
insulation from heat h .up from the averrieet, iee
Sides skirled to center line of rear wheels vvithout-outs at rear wheels of
:leaver size to permit easy refrioval of wheels.when required,d,
4"highs "wide fiberglassair elect shall be instill in the wiling of the
}
unit and run down the oenter the tail! ngth of the unit. The blower shall be
• irists ed Inside the rear of the unit in a housing at the end of the air du
forcing air though the duct..
Dee to extreme temperatures enciouniered in Mess,the unit must have
ref w: :fed air dilionis 0
Rrof shad be backed by .375 dense composite board and 1.5 ounce
fiberglass mat that is completely fiber glassed in to provide insulation and
slim': h. "
Polished aluminum ran gutter molding installed around entire untt at roof
• lire to prevent water"rim off'from body roof into animal/storage
c ` rtr'rests.
. .... :,.,. ,"` MRATCUEE ,
Compartments are to be made of fiberglass wtth a smooth gel coat finls i
' withoixt eracke or seams,
Each compartment to be a separate compartment to prahib t axlart by
silimals with anirraals in actidlnirle oz rnpartrn nt, 1 ,te"-. , . , J. ,
EXHIBIT B
TECHNICAL SPECIFICATIONS
Srfcaho 4eets Explairt pevian
Each compartment to have smooth finialn with rounded comers to facilitate
deenseut.
The compartments shall have drain holes in the rear of each compartment
that drain Into a trots h under the unit
Floor shall be constructed using 1"foam composite melded and sealed into
the unit with two layers of 1,5-ourice fiberglass mat Floors will have a Yge
recess creati_metreugti !snider the unit with individual drairi
The moor is to slope in so the erainage system directs flow into the trough
under the unit keeping the compartment floors dry and clean
Eh compartment has a standard LED surface mount light on the ceiling, iere
Rear of each COMpartrnent top to have holes therein for entrance of power
driven fresh air,of sufficient size and quantity to permit free exchange of air
four or five tirresper rnirt
. . .
Doors to be of hit fkbenalass-reintoded plastic construction..
Doors to have smooth finish both sides to pi-event collection of dirt and
disease.on interior dpor panels.
Doors to be hinged on full length special stainless steel hinges to permit full
opening of door,closed with stainless steel T.-lock handle with locking
direr ell keyed alike. itee"
Each door to be hinged toward front and fitted with rubber gasket on latch X OsSillee
edge to eliminate rattle.
Each door to have five(5) large tower type vents molded dire-otly into
exterior fiberglass door panel.Louvers to to provide minimum of 20 square inches of air flow for each,animal
compartment permitting tree expelling of air from inside cssmipartments
ser-
when power-driven air blower is used
,;comirliellviENTSAFETYIDOOPS
Heavy duty powder coated wire grille safety doors consisting of 318"frame
and h•oriperital rods.
1/4"vertical rods welded at ail interseotions,
Safety doors installed inside regular doors to prohibit escape of animals
'Ow two.or more are placed within compartment
Door to have il"s 37:71#2."arm and polo cut-out ire cerH Stir at latch edge.
Door hinged toward front on stainless steel riinges and equipped with a
tiL . duty stainless steel spiting loaded bolt latch.
Door to swing otit whersweelp_oeviding full use of depth of oomoarirnerit roes,,
. ?tint wWwekw! iRt3aN
28,000 btu independent body air conditioning syslem insteried to include an s ssiliossees
auxiliary air compressor mounted to the engine with required mounting Aesteir ifY134
brackets* belts and pulleys, Denham model ooage 27,00.0 btu air X E esirieseettese
oanclitionieg evaporator with 500 cfm rated dual fans and Danhard 35,000
. btu roof mounted condenser.
System shall include required dryer.sight glass, low pressure switch,
noses fittings and dash mounted controls V
There shall be an air filter on each side of the evaporator housing and
se
rear access panel on the back of the unit to access this evaporator,
A 4"high x 18 wide fiberglass air duet is installed along the ceiling of the
ees
unit and runs down the center the full length of the unit.
Each compartment has a 4."round louvered vent to provide and control air
noSr
S em to be full charged tested and operational at time of delivery.
Belt routing bracket and pulley alignment to be fully tested arid calibrated
rior to cktliver lee
ses. , .
EXHIBIT B
TECHNICAL SPECIFICATIONS
„_„... .,
S ecification Meets, Explain Deviation
F.unobonal test results shall be fuliy documented and placed In owner's
,
manual_
Standard freilt air blower ern shoe bediteteci, ----' ------- ' ..P.'
.....VIIMA95W:63*
TOVIPERATURE MC441tIOR
,............. ...1,.....,
An Electronic thermostat with digital display and controls shall be mounted
in the cab. The controls wilt operate independently from the tuck air
conditioning and heating system. Manufactured by Dahhard, Imo, .Allowing
the operator to monitcirthe aW terriperature from inside the cab._
liiliLL:out RATIO
....„,....„
The pull-out ramp shell be constnicted of lighhmight aluminum tube frarrie
and polypropylene tile inserts to provide good traction. The ramp measures
i. 18 Inches wtde x 80 inches or arid pulls out frorn under the drivers side
front compartmnt.The ramp stores under the body when not in use an is
i secured in -.ace wth,a ca.tch.
ANIMAL.cmigtogarFARAIL SYSTEM
This system allows the hoisting of large animals from ground level by the
use el:a storable rail and hoist assembly.
The system will be installed in the first curb-side compartment(troth the i
The poi shill have,a 300 tbs. liftinsicap,
The electric ho:.st shall include all wiring and voreless hand controls far
,,. raising aid IctiveriN the cage. 1111
l The cage ekall be constructed from punt ned alurninurri and measure 24" Mill
....„,high_i;277,wide x 42"deep:, . .
The unit is operated by pulling the cage out(which is 011 a telescopic arm)
,and lowering 4 to theground via hand operated wireless control.
Winch shaft be 12 VDC,2,000 lbs.capacity equipped with 3/18" 1=1
Photos of the hoist and rails system snail be included in the bid specification El i
REAR BUMPER
Steel step bumper with tread olatel2p,powder COitteC. I bl4d I *0"
... . e
Rear bumper ID be fabricated to mount to the vehicle frame with stimil /
bracketing. Bottom of rear bumper shall not be higher than 20"from the
Around
- MOUNTED.BACKUP CAMERAAND,FULL-..,-,''' 7 rEWIVIIKRORMO '' 4 It'.Z'
The Advent universal high brightness full rearview mirror with 7.3 wide
screen monitor and backup camera shall be installed (or equivalent;. To :,,,,..
allow the operator to see objects beh ind the vehicle while backing to 400.
prevent backingiccidents,
,
LAWNS.00 OLER , , ...
.' Whalen POC8R 8-Oultiat Rale Sox— 1111=0's
..i
• Switch 1 —Rear of Light Bar,Warning Mode of Amber Stick, Rear Las , .
)(.. Stt Listki'sca'rors
Switch 2—Front of Lig War%Side Warning Lights 1 e 4,.1,7.)c,„:„..6.kyte.
Switch 3—Take Down Lights(Front Facing)
Switch 4—future use 1.*.ir.x. .4..,
Switch 6—Left Arrow of Rear Stick
Switch 6—Right Arrow of Rear Stick
Switch 7—Left Alley and Left Scene(driver side)
Switch 8—Ri lit Alia and Ri ht Scene . . er side}
. . ................,.....,.......,................
AMBER LIGHT
53*Lon Tyr 970L Sco ' n htbar—9701_-6309-0101
...,„„
With extruded aluminum housing,cast aluminum end caps,and optical
„I...exert light modules.
EXHIBIT B
TECHNICAL SPECIFICATIONS
Specification Meets Explain Deviation
Configteratko as fpllowqz
440'
PFC&PRC-12 LED each Amber
DFC&DRC-12 LED each Amber
DF4„ DF3„0F2, FC,PF2, PF3„PF4-6 LED each Amber
DR4,DR3,DR2„ D . RC PR4 PR2,FR3, FR4-6 LED each Amber
PA&DA-Alley
OF1 &PFI TRX FLOOD MODULE 3 LE)
Mode 1-Orange VVire-Shall turn aro all tear fa c ng Amber led's and both ile"
rear corners. (Button 1
Mode 2-Eikse Wire-Shall turn an ail Front facing Amber warning lights
land both frorit facing comers (Button 2)
Take Downs-(Button 3)
night Ailey-(Button 8)
Left,Nley- (Button7)
- ,- — ADyisoal mcii,lotARiona
47.25"k7ng Tomer SR I3 12 tamp directional warning ligrt installed Of1 tOP AO"
rear Utilizing the same controller as the Tomer Light bar installed In
chassis cab,
Warning Pattern wired to Button*1, Left Arrow to button right arrow to
button 6 -.
( REAR:LEt)lWARNINialift3
CetAC CI)WarningIrnbe7 with Clear Lens. internal Flasher with Scan-
Lock Flash Patterns and HilowTwo-Mounted on the upper rear body
panel passenger side. With C9FC melJnting flange
C9L,RC (1)Warning, Red with Clear Lens, Internal Flasher with Scan-
be'
Lock Th4 Etash Patterns and I-WLowTwo-Mounted on the upper rear body
panel driver side. With CFC mounting flange
Light hmes should be synchronized and Set to Alternate. In cacti light head
the patterns sht)uld be set so that all LET fire at once(rio split patterns)
Lights shall tie wired Haugh the Lighting Controller button 1.
J3IDEOEDIWf
Four(4)Federal Signal Micro Pulse Uftra side wanning strobes,: Two(2)on
each side with amber color(MPS6001.14.A)on the front side of The unit and
be'
red color(MPS600U-RFt)on the rear side of the unit,
Lights to be wired through the lighting controller button 2. Light is
should be synchronized and set to alternate. In each light head the
patterns should be set so that all LED's fire at once no split patterns).
DE :410057-8:.
Two(2)3"x r 700 sales LED,Sigh t heeds cantered and installed one per
Xi, '(fie e 0,041-r
Side on the root rails, Lights to he LED WOW
Lights to be wired through the lighting conlroller button 7 for driwer's side
o",
end button 8 for passenger side.
•
EXHIBIT B
TECHNICAL SPECIFICATIONS
Specrikabon Muut* E n
All in for the LightingController, Lightbar,Traffic Advisor, Rear L '
Side LE DI and Side Scene Lig hts, Main Power end Ground shall be SXL
rated function labeled wire (proper amperage rating for the circuit must be
followed. 18GA is the minimum size wire lowed_ Master 150 amp Circuit
Breaker shall pow&this equipment,.mounted with in 18 Inches of the
battery. Main ground for the equipment shall come from the Engine
ground strap, All equipment must be grounded to a factory ground ,nt.
Making a ground point is not acceptable. Ali Ore connections ¢1l be
soldered and heat shrunk, All wire passing thni metal will be .. d thru
a groat. Al exterior passifirough hotes will be sealed with silicone,
x outlet fuse block shall sumly Ixrwer to all items that require a separate
power voire. (Lightbar,Rear Stick and Lighting Controller)
A wiring cliegrarn showing the routing winaliaind circuits shall be provided
at time of dative in a pectronic,PDF format
Exterior of fiberglass body shall be completely sanded and prime pal-Rest
Body fin. painted White with minimum of t (2)colds PPG finish paint ',."
and two(2)costs of clear coat Note-Exterior of body Song with exterior
of conriparirnent doors to be painted, Interior of doors and animal
compartments to be whit.
Chassis and body paint shall'match in color as obsenoed in bright direct
,- 1. h
_..
Warranty*very important tci the City of Mesa,All bidders will be expend
to provide the following my terms:
Cob&Chasvilif
6 year 1 , 0i till(whichever tomes first)-All body and sheet metal
Components small be warranted against rust-through corrosion.
5 year-100,000 retie(whichever comes first)for repairs which are
required a result of defects due to material and/or workmanship to the
power train components as listed below;
Engine,TransmissionaransaxlefTransfer Case,
Final Drive Sys
Courtesy Trangiortation& Roadside Assistance will be provided
3 year-341000 trap(whichever comes first)bumper to bumper limiked
:q
EXHIBIT B
TECHNICAL SPECIFICATIONS
W_Specification Wets Explain Deviation
Body and specified ui ent shell be .'irr nted free of defects for a
period of two(2) years after delivery. Defective equip nt stall be I ver
without charge during this period with purchasing agericy restxxisible for
labor cost involved in replacement of defective part.
Air Conditionir g and heating equipment to carry 1 year manufacturer
warranty.Defective air conditioning equipment to be replaced without
Iarge during this perpetiole with purchasing agency responsible for labor cost
involved in replacement of defective part.
Warning lights and electrical equipment to carry ma ufact newniwarranty,
Body manufacturer shawl be responsible for defects in fiberglass-plastic 4
rnateri.£ durlig this sameperiod of tenet
Viers a ovi Pher t or dcf ,r gen r `, If bidder
purthased warranty program is r #, bidder shall provide(Wit bid
submittal)all documentation that proves that program meets or exceeds
factory warranty specification,.
If bidder purchased warranty program is provided, bidder is responsible for
filing all claimsand recovering payment from warranty v r, not the City
of Mesa. City of Mesa will expect that the program will perform . nor i l
factory offered programs,
Failure to meet tl s rovision will be oonsiciemd non-responsive_
EXHIBIT B
TECHNICAL SPECIFICATIONS
STATEMENT OF WEIGHT ESTIMATES. Provide weight estimates within a tolerance of 41.3%for the chassis weight as
configured by the Specification with a 190-pound driver and full fuel tank.
Front Axle: (Tare)
Front Axle; (Loaded) 5651 lbs.
Tog Axle(s)Of equipped-Loaded) ibs
Rear kyle or Tandem(Tare) 2439 lbs.
Rear Axle or Tandem(Loaded) 7881 lbs.
Total Tare: 608.2 lbs.
Total Gross Weight 10701 Ids:
Payload Capacity: 3990 lbs.
iiIVIPORTANT NOTE: The Gross Vehicle Weight Rating(OMR)shall be furnished and identified by a decal
in the cab or on the inner door frame as the final complete certification label(minimum rating).
HEIGHT. Stale height from ground to top of frame at centerline of rear axle(tandem)
Loaded: nia
Unloaded: nia_.‘ in.
ADDITIONAL WARRANTY INFORMATION
COMPONENT HOURS MONTHS NNLES COST ELECTRICAL 36 36K
I ENGINE 80 60K
COOLING SYSTEM 36 36K
EXHAUST 38 . 36K
FRAME 38 36K
FUEL SYSTEM F 36 36K
INSTRUMENTATION ae 36K
•
LIGHTING 38 38K
PAINT 36 36K
STEERING 36 36K
SUSPENSION . 36 36K
TIRES 36 -36K
EXHIBIT B
TECHNICAL SPECIFICATIONS
. ,
COMPONENT HOURS MOMS MILES COST
TRANSMISSION 60 60K
„
WHEELS 38. 36K
36
AIR CONDITIONING 36K
HEATING 36 ; 36K
36K
BRAKES 36
CAB 36 36K
. „
CHASSIS
36.. :. ..
USE ADDITIONAL LINES BELOW
TO ADD OTHER PARTS NOT
LISTED PREVIOUSLY.
WARRANTY REPAIR FACILITY. If the bid you are submitting will be to provide warranty repairs at an authorized dealer
within a 50.mile radius of 6935 E Decatur Street, mesa Arizona 85207 initial here to acknowtedge:Jrw
Name and location of the service and warranty dealer'
Dealer Name: BERGE FORD
Address: 460 E AUTO CENTER DRIVE
City. MESA, AZ 85204 „
Phorie/Fax: 480 497-1111 480 4974582
SUB CONTRACTORS. All Sub Contractors involved in the completion of this hid must be listed. Each Sub Contractor
shall include two(2)sets of partsiservice manuals for items installed. In order for a vehicle to be accepted,these
items must be provided at the date of delivery;
Company Name: CUSTOM FIBERGLASS COACHES
Address. 8521 S SUNCOAST BLVD. HOMMOSASA, FL 34446
Phone/Fax: 652 628-2243
Contact Name: STEVE CINNARD
SysterrVParts Installed ANIMAL CONTROL BODY .
Company Name:
Address:
PhonetFax:
Contact Name:
System/Pals Installed:
REFERENCES:. Provide references of purchasers/users of the equipment bid, The contact person shall be someone
who has responsibility for the operation of the equipment. References from the western United States are preferred.
Company Name: PIMA COUNTY
Address.: 1301 S MISSION RD, TUCSON AZ
Phone/Fax: 520 740-2614 520 623-7367 •
Contact Name:. BOB CHARLTON_
Tide: FLEET MGR.
EXHIBIT B
TECHNICAL SPECIFICATIONS
Company Name. ,MARICOPA COUNTY
A:ddress: 3325 IN DURANGO ST PHOENIX AZ 35009
Ptionefax. 602 506-4(367 602 372-3953
Contact Name: LES GLOVER
DELIVERY
Delivery Period (after receipt of order):_24t0 days
PARTS AVAILABILITY, The successful bidder snail maintain andior have access to a parts inventory that can meet the
City of IVIesee delivery requirements
Please state the estimated one-way mileage between 6935.E Decatur Street, Mesa Arizona 85207 and the nearest
authorized parts supplier:„...4 6 miles
The bidder shall provide a listing of a minimum of four(4)authorized parts suppIiers, The listing shall inciude the
company name.mailing address, telephone number.FAX number,as well as the name and job title ctf a contact person.
Company Name: BERGE FORD
Address: 460 E AUTO CENTER DRIVE, MESA AZ 85204
PhoneTax: 480 497.11 11 480 497-7599
Contact Name, BUTCH LEMEN
Title: PARTS DIRECTOR
Company Name.
Address
RhoneFax
Contact Name.
Title:
EXHIBIT B
TECHNICAL SPECIFICATIONS
MODEL 0400
Ugiciftrations
Manufacturer: Custom Fiberglass Coaches
Model: C-iOO
Description: A fiberglass one piece molded animal transportation unit with(6)six animal compartments
and(1)storage compartment with the access door in the back of the unit. Standard features include a
fresh air ventilation system vented to each compartment,a pass through swing door in the front
compartment,bright white.LE.D. lighting in each compartment,solid partitions creating 6 individual
compartments, sloped floor drainage system,back up alarm,high-low brake lights arid flashers,,gel
coated fiberglass doors with five molded louver vents,in the exterior door panel and a vent on the
interior door to control airflow.
Construction: Reinforced One-Piece Molded Fiberglass Construction with a bright white gel coat high
gloss exterior finish. Steel tube frame lines interior around the entire bottom of the unit with cross
members to provide a solid mounting structure. All the steel under structure is completely sealed in
fiberglass.,
Body Dimensions: 80"Wide x 45"High x 3.0T Long
Weight: Approximately 800 lbs.
Truck Chassis: Must be a standard long bed truck chassis with a 56"cab-to-axle(CA)measurement.
And it must have single rear wheels,
Animal Compartment Sizes;
Street Side: Front 35 1/2"Wide x 36"High x 30' Deep (or through body 78")
Center 28 1/8"Wide x 36" High x.30'Deep
Rear 32 112 Wide x 36"High x 30" Deep
Curb Side: Front 35 1/2'Wide x 36." High x 47 1/4" Deep (or through body 78')
Center 28 1/8"Wide x 36" High x 30"Deep
Rear 32 lir Wide x 36"High x Mr Deep
Rear Center Storage: 16"Wide x 32"High x 61 sia" Deep
EXHIBIT B
TECHNICAL SPECIFICATIONS
Back Saver Hoist: Telescoping monorail system with high capacity precision ground ball type linear
hearings,electric hoist and wireiess remote control. Hoist cable will have a hook attachment to
accommodate use with a large animal cage. Rail system will be mounted across the roof of the front
pass through compartment with hoist exiting out the front passenger side compartment. Large Animal
Cage to be made of aluminum with dimensions of 23"wide x 24" high x 42' deep, The hoist system will
have a minimum capacity of 200 pounds. Optional carrier tray available.
Under Structure: Framed with 1,5"x 2"14 gauge high strength tubular steel on all sides with two 2"x
3"11 gauge high strength tubular cross members. Four 5"x 4"x,25"solid steel angle mounts are
installed for easy mounting on the vehicle frame using grade 8 bolts. All steel is completely sealed in
fiberglass to minimize exposure to the elements and eliminate deterioration.
Floor: .Constructed using a 1"foam composite molded and sealed into the unit with two layers of 1,5 oz
fiberglass mat, Floors have a 2"recess creating a trough under the unit with individual drain
capabilities. And the floor is sloped,in so the drainage system directs flow into the trough under the unit
keeping compartment floors dry and clean, The undercarriage is then sealed with resin which provides
maximum insulation preventing heat from rising through the floor,
Compartments: Walls and ceilings are gel coat sealed and webbed to provide a smooth,easy to clean
finish in the compartments. (Note. Bodies can be made to your specifications and partitions can be
made with wire)
Doors: Doors are constructed of fiberglass with a bright white gel coat finish on the interior and exterior
Panels. The outside dimensions of the door are 31 7/8"high x 27 5/16 wide, the exterior panel of the
door has(5)five large louver style vents molded into the fiberglass. The louver openings provide ample
air flow to exchange air inside the compartments when operating with forced air ventilation. Interior
door panel has a stainless steel circular vent that can be opened and closed to control air flow.. A
stainless steel continuous hinge(1.S")(20 Gauge)connects the door to the fiberglass body and doors
are hinged toward the front, Aluminum drip shields are placed over ail doors. A keyed alike stainless
steel recessed fielding T latch lacking handle is used.
Interior Safety Door(Optional): Heavy duty wire interior safety door with an arm and catch pole
opening on the latch side,Door is constructed of 3/8'frame and 3/8" horizontal rods with 1/4"vertical
rods welded at all intersections.A heavy duty Yi"spring loaded bolt latch is used to provide a positive
latching system and the door is mounted with stainless steel hinges. The interior safety door is installed
inside the outer door to keep the animal secured in the compartment when the outer door is opened
protecting the operator and allowing full vision of the compartment. Available in Powdercooted black
finish or n Stainless Steel,
Ventilation: Forced fresh air ventilation system provides 750 UM airflow with a dual fan blower and is
vented to each of the individual compartments. A 4"high x 18'wide fiberglass air duct is installed in the
ceiling of the unit and runs down the center the full length of the unit. The*lower is installed inside the
rear of the unit in the housing at the end of the air duct and forces air through the duct. Fresh air is
drawn in from outside and is vented to each of the individual compartments blowing stale air from the
EXHIBIT B
TECHNICAL SPECIFICATIONS
compartments and providing fresh air. The forced air is distributed equally to at'compartments and
does not circulate from one compartment to another. The blower is operated with a switch and
indicator light on the cab.
Roof: Roof is backed by.375"dense composite board and 1.5 02 fiberglass mat that is complet&y
glassed in providing maximum insulation and strength. Roof of the compartments are get coat sealed
a ni webbed. Roof has a 200 lb psf rating.
Roof Rack: Stainless steel tube and stanchions.
Lights: All L.E.D,bright white lights in individual compartments minimizes power draw on vehicle_
Rubber mounted L.E.D. running,stop,turn and back up lights, Side mounted clearance lights instated
away from gas tank filling areas in accordance with F.H.S.R.
Back Up Alarm: 105 D.B. back up alarm mounted'inside back of unit.
Bumper: Steel step bumper with tread plate top, powdercoated black.
Ground Effects: Molded fiberglass skirting is installed along the bottom of the unit with openings
centered over rear tires and sized large enough for easy tire removal when necessary, Ground effects
are constructed of fiberglass and have a bright white gel coat high gloss finish,
Installation: Mounts easily to truck frame with bolts using 5" mounting plates previously mounted to
cross members. unit is easily transferred from one vehicle to another. Installation costs for mounting
on our premises are in6ucled in the pricing.
Color: Bright white gel coat high gloss finish,
Fuel Cap: Recessed,
Rust Proofing: Unit is manufactured from fiberglass which will not rust or corrode and steel
components are glassed in minimizing exposure to the elements.
Wiring: All wiring is color coded,run in conduit and glassed in so the animals cannot get to the wires.
Wiring is easily accessed in junction boxes for future modifications or add on optional equipment
installations,
EXHIBIT B
TECHNICAL SPECIFICATIONS
Available Options:
Air Conditioning and Heating
• High Capacity Air Conditioning and Heating with auxiliary compressor
Digital temperature monitoring
• interior Safety Door
PO Out Fold Down Ramp
Hoist Back Saver with cage
Catch pole holder
Light bar
• Strobe lights
• work lights
• GO-Light remote controlled spotlight
• Customized lighting packages
• Rear Wind spot mirror
• Pet Step folding ramp
EXHIBIT B
TECHNICAL SPECIFICATIONS
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EXHIBIT B
TECHNICAL SPECIFICATIONS
City of Mesa,Arizona
Bid Number, 20/8184
Light Duty, %-Ton Capacity, Animal Control Extended. Cab Transport Trucks
Clarifications to 8 id Specifications and Explanations of Deviations
From Custom Fiberglass Coaches
ThiswUi identify the variances between the published specifications and the CU5t0M Fiberglass Coaches
C-100 Model animal control unit. there are some differences in the construction,components and
dime risions„but the functionality of the six(6)animal compartment with one(1)equipment storage
compartment unit is essentially the same,
COMPARTMENT DOORS:
The.door5 have a compression latch to eliminate rattle. They will not have a rubber gasket on the latch
edge On the standard unit,but that can be added if the customer wants them.
EXTREME TEMPERATURES AIR CONDITIONING SYSTEM:
Fligh capacity air conditioning system with auxihary compressor in the engine compartment,twin fan
condenser mounted on the roof,and a high capacity evaporator. Danhard Model 44-936 evaporator
BTU capacity is 28,000 With a 500 CFM blower,Danhard 35,000 BTU roof mounted condenser,and the
engine mount auxiliary compressor is Seitec.
ANIMAL CAGEI HOIST&RAIL.SYSTEM:
The 24 Fligh x 23"Wide x 42 Deep cage is designed to fit in the front passenger compartment with the
telescoping rail system exiting the front passenger compartment. The rear wall of that compartment
will be recessed back approximately 4"and will be a double swing door style pass through i have
attached pictures of the standard BackSaver Hoist setup in the front passenger compartment.
EXHIBIT B
TECHNICAL SPECIFICATIONS
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Front compartments with pass through open Fki:':Side!that with c,age lowered pass through closed
FRONT COMPARTMENT SIZES WITH HOIST AND 42'DEEP CAGE:
Street Side: Front 35 1/2* A. 1ft 36'ltigh.:k 46 518'Deep :or throtigli bodv 78')
Ctirb Side: C.ront 35 112"Wide it 36°High x 30 5/8"Deep for through hod'?78")
EXHIBIT B
TECHNICAL SPECIFICATIONS
The two(2)to go on the skie rail will encroach on a c.urved radius toward the top of the uni.t,
S1OE SCENE LIGHTS:
The specification calls for Two(?)3 x 7".700 Series light heads centered and installed one per side on
the.r.00f rails, The 700 Series light heads are too large and will encroach on the curved radius along the
top of.the unit roof raft. They would not:mount fitish and would pOint upward as a re.solt.,
or t.he Side Scene Ligfits,centered ori the sides of the unit,we can:use the iTC 69710-WH-6,5K which is
an LEO dow-nward polntirig light that will provide lighting on the sides of the vitt., 'tile white match
th u.hit color and it is available ill chrome, These lights were used on t:he units delivered in 201.5,
• •••
•
-••••••,-,"
Another.option aid be the Ma ma I turner)rectangular tigin which is a standard option for us.,
hukilfwwvii„rriaxxirnacorniproductttprodtta_detaiLik.54/fitectangith111200,...,:,Lighell-6-LED:AQrk7
.:.4..h:
EXHIBIT B
TECHNICAL SPECIFICATIONS
CHASSIS&BODY PA1NTiNG SCUD COLOR:
hi white gel coat . .
The exterior wilt be a brig
, at ts spect
N"t the PPG:pant ti
. . . h
be bright white gel- oat
• ie -twi.
finish, Thtt interor of th doors
Ford,Chevy and Dodge
and:the animal eornpartrne:rits. will be a tight tan gel coat COnIPOSIte, abs
The bright white exterior finish matches.the
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EXHIBIT B
TECHNICAL SPECIFICATIONS
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EXHIBIT B
TECHNICAL SPECIFICATIONS
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EXHIBIT B
TECHNICAL SPECIFICATIONS
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C-100 SPECIFICATIONS
cON CORPf U $1.(CS A PAICIMO,. CALI $00,$31.4,4$NOW
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•itaiitiseet altii 04 haist
•••five mini towel.wilts in tviaviix dam melt tilmit Chassis Rikotittattitfs:
•Add:1114mA t•Iithty itOkt
*A aohinv tentf.0 volt eita ba a iteidiati keg tee iniak
dose veil a 54'ab.toaolt KAI ,Rev Mint seat tem
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liorie,tar vifotii...
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EXHIBIT B
TECHNICAL SPECIFICATIONS
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EXHIBIT C
PRICING
Pursuant to all the .contract specifications enumerated and descnbed in this solicitation, we agree to
furnish Animal Control Extended Cab Transport Trucks Three Quarter (3A) Tor Capacity to the City of
Mesa at the price(s) stated betow,
Description Quantity
ANIMAL CONTROL. EXTENDED CAB TRANSPORT
TRUCKS, THREE QUARTER (4) -ION CAPACITY, per
specifications each $60198.00
Chassis Model Sid Body Model Bt,d
Manufacturer ,.. QF. _
Model„_„„,,F35Q QA.1.1 CHASSi$ SUPER CAB Model Year 2019
OPTIONS;
Item
No, Description Unit Price
Crew Cab-8' long box (Bed Delete) ,$1280
1 Must provide specification sheet loath bid
This cost is in addition to Urtit mit*
I Additional Warranty Cost to for 5-year 100,000 mile $ 76D
I 1
powertrain warranty ZERO DEDUCTIBLE
2
I This Cost is in addition to Linitorice.,
Blind Spot Monitor . $540
This cost 4 tp arfotition to Unit price„
4 LED Remote controlled spotlight: &alight.'Stryker" $580
model 30004 (White)
GO LIGHT ONLY, NO GUARD/RACK
Go tight to be Mounted to the top cab City of Mesa to
determine position
This cost is in aftditiOn Unit:mice
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to
the City will be that of an independent contractor. Contractor and all persons employed by
Contractor, either directly or indirectly, are Contractor's employees, not City employees.
Accordingly, Contractor and Contractor's employees are not entitled to any benefits provided to
City employees including, but not limited to, health benefits, enrollment in a retirement system, paid
time off or other rights afforded City employees. Contractor employees will not be regarded as City
employees or agents for any purpose, including the payment of unemployment or workers'
compensation. If any Contractor employees or subcontractors assert a claim for wages or other
employment benefits against the City, Contractor will defend, indemnify and hold harmless the City
from all such claims.
2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the
express written permission of the City. If Contractor has received authorization to subcontract work,
it is agreed that all subcontractors performing work under the Agreement must comply with its
provisions. Further, all agreements between Contractor and its subcontractors must provide that
the terms and conditions of this Agreement be incorporated therein.
3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first
receiving the City's written consent. Any attempted assignment, either in whole or in part, without
such consent will be null and void and in such event the City will have the right at its option to
terminate the Agreement. No granting of consent to any assignment will relieve Contractor from
any of its obligations and liabilities under the Agreement.
4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and
inure to the benefit of the parties and their respective permitted successors and assigns.
5. NO THIRD PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the
parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights,
or responsibilities in any third parties.
6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or
services set forth herein from other sources when deemed necessary and appropriate. No
exclusive rights are encompassed through this Agreement.
7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be
modified in a writing signed by both parties. No charge for extra work or material will be allowed
unless approved in writing, in advance, by the City and Contractor.
8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties' obligations
under this Agreement.
9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses and pay all charges and fees
necessary and incidental to the lawful conduct of business. Contractor must stay fully informed
of existing and future federal, state, and local laws, ordinances, and regulations that in any
manner affect the fulfillment of this Agreement and must comply with the same at its own
expense. Contractor bears full responsibility for training, safety, and providing necessary
equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon
request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and
other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy
establishing a drug-free workplace for itself and those doing business with the City to ensure
the safety and health of all persons working on City contracts and projects. Contractor will
require a drug-free workplace for all Contractor personnel working under this Agreement.
Specifically, all Contractor personnel who are working under this Agreement must be notified
in writing by Contractor that they are prohibited from the manufacture, distribution,
dispensation, possession, or unlawful use of a controlled substance in the workplace.
Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
and will ensure that Contractor personnel do not use or possess illegal drugs while in the course
of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration
Reform and Control Act of 1986(IRCA) in performance under this Agreement and to permit the
City and its agents to inspect applicable personnel records to verify such compliance as
permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all
Contractor personnel have a legal right to live and work in the United States.
i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby
warrants to the City that Contractor and each of its subcontractors will comply with, and
are contractually obligated to comply with, all federal immigration laws and regulations that
relate to their employees and A.R.S. § 23-214(A) (hereinafter "Contractor Immigration
Warranty").
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this
Agreement and will subject Contractor to penalties up to and including termination of this
Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide
services under this Agreement to ensure that Contractor or its subcontractors are
complying with the Contractor Immigration Warranty. Contractor agrees to assist the City
in regard to any such inspections.
iv. The City may, at its sole discretion, conduct random verification of the employment records
of Contractor and any subcontractor to ensure compliance with the Contractor Immigration
Warranty. Contractor agrees to assist the City in regard to any random verification
performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the
Contractor Immigration Warranty if Contractor or subcontractor establishes that it has
complied with the employment verification provisions prescribed by Sections 274A and
274B of the Federal Immigration and Nationality Act and the E-Verify requirements
prescribed by A.R.S. §23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against
any employee or applicant for employment or person to whom it provides services because of
race, color, religion, sex, national origin, or disability, and represents and warrants that it
complies with all applicable federal, state, and local laws and executive orders regarding
employment. Contractor and Contractor's personnel will comply with applicable provisions of
Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and
applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in
violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited
by the State of Arizona from selling goods of services to the City.
10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes
related to or arising out of Contractor's services under this Agreement, including by way of
illustration but not limitation, federal and state income tax, Social Security tax, unemployment
insurance taxes, and any other taxes or business license fees as required. If any taxing
authority should deem Contractor or Contractor employees an employee of the City, or should
otherwise claim the City is liable for the payment of taxes that are Contractor's responsibility
under this Agreement, Contractor will indemnify the City for any tax liability, interest, and
penalties imposed upon the City.
b. The City is exempt from paying certain federal excise taxes and will furnish an exemption
certificate upon request. The City is not exempt from state and local sales/use taxes.
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due
to the City during the performance of services under the Agreement. Payments to Contractor may
be offset by any delinquent amounts due the City or fees and charges owed to the City.
12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona's
public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement
may be subject to disclosure pursuant to state law in response to a public records request or to
subpoena or other judicial process.
12.1. If Contractor believes document related to the Agreement contains trade secrets or other
proprietary data, Contractor must notify the City and include with the notification a statement
that explains and supports Contractor's claim. Contractor also must specifically identify the
trade secrets or other proprietary data that Contractor believes should remain confidential.
12.2. In the event the City determines it is legally required to disclose pursuant to law any
documents or information Contractor deems confidential trade secrets or proprietary data,
the City, to the extent possible, will provide Contractor with prompt written notice by certified
mail,fax, email or other method that tracks delivery status of the requirement to disclose the
information so Contractor may seek a protective order from a court having jurisdiction over
the matter or obtain other appropriate remedies. The notice will include a time period for
Contractor to seek court ordered protection or other legal remedies as deemed appropriate
by Contractor. If Contractor does not obtain such court ordered protection by the expiration
of said time period, the City may release the information without further notice to Contractor.
13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six
(6)years after completion of the Agreement. The City or its authorized agent reserves the right to
inspect any records related to the performance of work specified herein. In addition, the City may
inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the
Agreement. Contractor will permit such inspections and audits during normal business hours and
upon reasonable notice by the City. The audit of records may occur at Contractor's place of
business or at City offices, as determined by the City.
14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested
background checks of Contractor personnel who would perform services under the Agreement or
who will have access to the City's information, data, or facilities in accordance with the City's current
background check policies. Any officer, employee, or agent that fails the background check must
be replaced immediately for any reasonable cause not prohibited by law.
15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will
have final authority, based on security reasons: (i) to determine when security clearance of
Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and
including fingerprinting Contractor personnel; and (iii)to determine whether or not any individual or
entity may provide services under this Agreement. If the City objects to any Contractor personnel
for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City,
remove any such individual from performance of services under this Agreement.
16. DEFAULT.
a. A party will be in default if that party:
i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership
proceeding, makes an assignment for a creditor, or there is any similar action that affects
Contractor's capability to perform under the Agreement;
ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty(60)calendar
days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules
Article 7 or in an illegal manner; or
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
iv. Fails to carry out any term, promise, or condition of the Agreement.
b. Contractor will be in default of this Agreement if Contractor is debarred from participating in
City procurements and solicitations in accordance with Article 6 of the City's Procurement
Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may,
at its option and at any time, provide written notice to the defaulting party of the default. The
defaulting party will have thirty(30) days from receipt of the notice to cure the default; the thirty
(30) day cure period may be extended by mutual agreement of the parties, but no cure period
may exceed ninety(90) days. A default notice will be deemed to be sufficient if it is reasonably
calculated to provide notice of the nature and extent of such default. Failure of the non-
defaulting party to provide notice of the default does not waive any rights under the Agreement.
d. Anticipatory Repudiation. Whenever the City in good faith has reason to question
Contractor's intent or ability to perform, the City may demand that Contractor give a written
assurance of its intent and ability to perform. In the event that the demand is made and no
written assurance is given within five (5) calendar days, the City may treat this failure as an
anticipatory repudiation of the Agreement.
17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy
will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective
immediately or at such other date as specified by the terminating party.
b. The City may purchase the services required under the Agreement from the open market,
complete required work itself, or have it completed at the expense of Contractor. If the cost of
obtaining substitute services exceeds the contract price, the City may recover the excess cost
by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance
due to Contractor; (iii) collection against the bid and/or performance security, if any; (iv)
collection against liquidated damages (if applicable); or (v) a combination of the
aforementioned remedies or other remedies as provided by law. Costs includes any and all,
fees, and expenses incurred in obtaining substitute services and expended in obtaining
reimbursement, including, but not limited to, administrative expenses, attorneys' fees, and
costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights
at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.
18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the
parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to
cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or
obligated to cease performance by other provisions in this Agreement.
19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in
part or in whole upon thirty (30) calendar days' written notice.
20. TERMINATION FOR CONFLICT OF INTEREST(A.R.S. §38-511). Pursuant to A.R.S. § 38-511,
the City may cancel this Agreement within three (3) years after its execution, without penalty or
further obligation, if any person significantly involved in initiating, securing, drafting, or creating the
Agreement for the City becomes an employee or agent of Contractor.
21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY
CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds
by its governing body to satisfy its obligations. If the City reasonably determines that it does not
have funds to meet its obligations under this Agreement, the City will have the right to terminate
the Agreement without penalty on the last day of the fiscal period for which funds were legally
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
available. In the event of such termination, the City agrees to provide written notice of its intent to
terminate thirty(30) calendar days prior to the stated termination date.
22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement,
Contractor will be entitled only to payment for those services performed up to the date of
termination, and any authorized expenses already incurred up to such date of termination. The
City will make final payment within thirty (30) calendar days after the City has both completed its
appraisal of the materials and services provided and received Contractor's properly prepared final
invoice.
23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless
approved in writing and signed by the waiving party. Failure or delay to exercise any rights or
remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services
hereunder, will not release the other party of any of the warranties or other obligations of the
Agreement and will not be deemed a waiver of any such rights or remedies.
24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the
City, its officers, agents, and employees, harmless from and against any and all liabilities,
demands, claims,suits, losses, damages,causes of action,fines or judgments, including costs,
attorneys', witnesses', and expert witnesses' fees, and expenses incident thereto, relating to,
arising out of, or resulting from: (i) the services provided by Contractor personnel under this
Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor
personnel; and (iii) Contractor or Contractor personnel's failure to comply with or fulfill the
obligations established by this Agreement.
b. Contractor will update the City during the course of the litigation to timely notify the City of any
issues that may involve the independent negligence of the City that is not covered by this
indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor
or any third party harmless for claims based on this Agreement or use of Contractor-provided
supplies or services.
25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements
of the Agreement. Additionally, Contractor warrants that all services will be performed in a good,
workman-like and professional manner. The City's acceptance of service or materials provided by
Contractor will not relieve Contractor from its obligations under this warranty. If any materials or
services are of a substandard or unsatisfactory manner as determined by the City, Contractor, at
no additional charge to the City, will provide materials or redo such services until in accordance
with this Agreement and to the City's reasonable satisfaction.
Unless otherwise agreed, Contractor warrants that materials will be new, unused, of most current
manufacture and not discontinued, will be free of defects in materials and workmanship, will be
provided in accordance with manufacturer's standard warranty for at least one (1) year unless
otherwise specified, and will perform in accordance with manufacturer's published specifications.
26. THE CITY'S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to
prejudice the City's right to recover against third parties for any loss, destruction, or damage to City
property, and will at the City's request and expense, furnish to the City reasonable assistance and
cooperation, including assistance in the prosecution or defense of suit and the execution of
instruments of assignment in favor of the City in obtaining recovery.
27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver
any specific amount of materials or services or any materials or services at all under this Agreement
and acknowledges and agrees that the materials or services will be requested by the City on an as
needed basis at the sole discretion of the City. Any document referencing quantities or
performance frequencies represent the City's best estimate of current requirements, but will not
bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
28. OWNERSHIP. All deliverables, services, and information provided by Contractor or the City
pursuant to this Agreement (whether electronically or manually generated) including without
limitation, reports,test plans, and survey results, graphics, and technical tables, originally prepared
in the performance of this Agreement, are the property of the City and will not be used or released
by Contractor or any other person except with prior written permission by the City.
29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity
without obtaining the prior written consent of the City.
30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee
within the last twelve (12) months shall not represent another organization before the City on any
matter for which the officer or employee was directly concerned and personally participated in
during their service or employment or over which they had a substantial or material administrative
discretion. Further, while employed by the City and for two (2) years thereafter, public officers or
employees are prohibited from disclosing or using, without appropriate authorization, any
confidential information acquired by such personnel in the course of his or her official duties at the
City.
31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination
freight prepaid and allowed unless otherwise agreed.
32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of goods or
equipment incidental to providing these services and such loss, injury,or destruction will not release
Contractor from any obligation hereunder.
33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real
property or damage or loss of City personal property when such property is the responsibility of or
in the custody of Contractor or its employees.
34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use,
the materials and services being provided and that the City may use same without suit, trouble or
hindrance from Contractor or third parties.
35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will
without limitation, at its expense defend the City against all claims asserted by any person that
anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual
property right and must, without limitation, pay the costs, damages and attorneys' fees awarded
against the City in any such action,or pay any settlement of such action or claim. Each party agrees
to notify the other promptly of any matters to which this provision may apply and to cooperate with
each other in connection with such defense or settlement. If a preliminary or final judgment is
obtained against the City's use or operation of the items provided by Contractor hereunder or any
part thereof by reason of any alleged infringement, Contractor will, at its expense and without
limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the
right to continue to use the item; (c) substitute for the infringing item other item(s) having at least
equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable
usage, from the time of installation acceptance through cessation of use, which amount will be
calculated on a useful life not less than five (5) years, plus any additional costs the City may incur
to acquire substitute supplies or services.
36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing
Administrator and/or an authorized representative from the using department. All questions
regarding the contract will be referred to the administrator for resolution. Supplements may be
written to the contract for the addition or deletion of services. Payment will be negotiated and
determined by the contract administrator(s).
37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the
public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose
performance is so affected will within five (5) calendar days of the unforeseeable circumstance
notify the other party of all pertinent facts and identify the force majeure event. The party whose
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
performance is so affected must also take all reasonable steps, promptly and diligently, to prevent
such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or
performance date will be extended for a period equal to the time lost by reason of delay, plus such
additional time as may be reasonably necessary to overcome the effect of the delay, provided
however, under no circumstances will delays caused by a force majeure extend beyond one
hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task
unless agreed upon by the parties.
38. COOPERATIVE USE OF CONTRACT. The City has entered into various cooperative purchasing
agreements with other Arizona government agencies, including the Strategic Alliance for Volume
Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any
contract may be extended for use by other municipalities, school districts and government agencies
in the State of Arizona with the approval of Contractor. Any such usage by other entities must be
in accordance with the statutes, codes, ordinances, charter and/or procurement rules and
regulations of the respective government agency.
The City currently holds or may enter into Intergovernmental Governmental Agreements(IGA)with
numerous governmental entities. These agreements allow the entities, with the approval of
Contractor, to purchase their requirements under the terms and conditions of this Agreement.
A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor
who is contracted to provide services on a regular basis at an individual school shall obtain a valid
fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing
board shall adopt policies to exempt a person from the requirements of this subsection if the
person's normal job duties are not likely to result in independent access to or unsupervised contact
with pupils. A school district, its governing board members, its school council members and its
employees are exempt from civil liability for the consequences of adoption and implementation of
policies and procedures pursuant to this subsection unless the school district, its governing board
members, its school council members or its employees are guilty of gross negligence or intentional
misconduct.
Additionally, Contractor will comply with the governing body's fingerprinting policy of each individual
school district and public entity. Contractor, subcontractors, vendors and their employees will not
provide services on school district properties until authorized by the school district.
Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.
The City is not responsible for any disputes arising out of transactions made by others.
39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price
increases will be accepted without proper request by Contractor and response by the City's
Purchasing Division.
40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at
their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or
registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile.
If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified
or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in
the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed
effective two (2) calendar days after the sending thereof.
41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.
The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to
this Agreement will be Maricopa County, Arizona.
42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto,
supersede all prior oral or written agreements, if any, between the parties and constitutes the entire
agreement between the parties with respect to the work to be performed.
EXHIBIT D
MESA STANDARD TERMS AND CONDITIONS
43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a
part of this Agreement as if fully stated in it.
44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such
provision will be severed from this Agreement, which will otherwise remain in full force and effect.
The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may
be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or
unenforceability.
45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of
this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth
rights and obligations that extend beyond completion, termination, or other expiration of this
Agreement, will survive and remain in full force and effect. Except as specifically provided in this
Agreement, completion,termination, or other expiration of this Agreement will not release any party
from any liability or obligation arising prior to the date of termination.
46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1-
502, any person who applies to the City for a local public benefit(the definition of which includes a
grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the
Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole
proprietorship, Contractor agrees to sign and submit the necessary documentation to prove
compliance with the statutes as applicable.
mesa az CONTRACT ASSIGNMENT
Contract Title: 2018 or Newer Animal Control Extended Cab Transport Trucks, Three Quarter
(3/4) Ton Capacity
Contracting Agency: Mesa Contract Number: 2018184
Effective Date: 3/1/2019 Expiration Date: 9/10/2021
Questionnaire
Is the contract performance expected to Change due to the assignment? Yes ® No
Are there any material changes to the contract such as terms or obligations; specifications;
timelines or delivery periods; price; etc.? Yes ® No
Is the contract high profile? Yes ® No
Is there a political element? Yes ® No
Was the contract recently awarded? Yes I No
If yes, was the new contractor a respondent? Yes ® No
Comments
Name change from Berge Ford to Larry H. Miller Ford Mesa, effective March 1, 2019. All other
terms are to remain unchanged.
Reviews:
/1/4-(17%;(1-4,7(----/ 4/3/2019 4/8/2019
1) Procurement Officer Date 2) Purchasing Administrator Date
Chief Procurement Officer:
Memo to Council
Council Approval
3) Chief Procurement Officer Date
rev.Jan 2015 Page 1 of 1 Contract Assignment
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
LHM CORP MFD
D/B/A
LARRY H. MILLER FORD MESA
[Contractor's Proposal]
See following pages.
4831-7486-1730,v. 1
CUST#:237951
STK#:19P658
Ile
Transaction Worksheet Quote#: 1865
FORM#73878
Name: Phone 1:480/816-5155
Ford MESA TOWN OF FOUNTAIN HILLS
Address: Phone 2:602/721-4756
Commercial Vehicle Center 16705 E AVENUE OF THE FOUNTAINS
461 E AUTO CENTER DRIVE City/State/Zip Email:
MESA,AZ 85204 FOUNTAIN HILLS AZ 85268-3815 JWELDY@FH.AZ.GOV
Salesperson 1: Salesperson 2
PHONE#:480/530-9575 THERESA WORTHEN
FAX#:480/530-9599 Date: 08/20/2019 Desk Mgr.
Vehicle Trade information
Stock ft N/U/D Miles Vehicle N/A
19F'658 _NEW 21
Year Make/Model Color N/A Miles
2019 FORD F250
VIN VIN N/A
1FDBF2A6OKEE97493
Vehicle Price 29935 00 AccessoriesiAttermarkets*
.
Option 8'ROYAL SERVICE BODY Price 6150.00
Rebate
N/A
Subtotal
29935.00
Accessories
6150.00
Trade Allowance
N/A Estimated Fees Include"
DOC Fee Lieu Tax Title Fee State&Local Tax
Net Trade Difference
36085.00 N/A N/A 4.00 2995.06
REG-PSF Postage Tire Fee Other:
Estimate Fees *
3008.06 N/A 4.00 5.00 N/A
Total Trade Payoff N/A Finance Options:
Cash Down Monthly Payment
N/A N/A
Service Contract Term
N/A N/A
GAP Rate
N/A N/A
Maintenance
N/A
Total Unpaid Balance/Amount Total Unpaid Balance/Amount
to Finance 39093.06 to Finance 39093.06
Customer Acknowledgment and Signature
By signing below,you acknowledge that this document was presented to you to facilitate the transaction and is not a contract or an offer to sell
the vehicle on these or any other terms.Neither customer nor dealer are bound by this document.Additional fees may apply,and additional
products or services purchased will effect the terms of any potential transaction and all terms are subject to dealer and/or finance company.
08/20/2019
Customer's Signature Date Signed
08/20/2019
Approving Sales Manager Date Signed
7387891'218E-F1 08/20/2019 11:07 am
DEALER 71A 175 VIN 1FDBF2A60KEE97493
F25H 4X2 STYLESIDE PICKUPYD1d FliirgV1 00 31 '80
2019 MODEL YEAR t
El OXFORD WHITE i
1S MEDIUM EARTH GRAY CLOTH I i
PREFERRED EQUIPMENT PKG.600A
.XL TRIM 1
572 .AIR CONDITIONING -- CFC FREE NCI NCI
996 .6.2L EFI V-8 ENGINE NCI NCI
44S 6-SPEED AUTOMATIC TRANS G NCI NCI
X37 3.73 RATIO REGULAR AXLE NCI NCI
90L POWER EQUIPMENT GROUP 915100 832100
66D PICKUP BOX DELETE 625100- 569100-
JOB #1 ORDER I
17S STX APPEARANCE PACKAGE 1690100 1538 00
.LT275/65R18E SSW ALL SEASON
.CRUISE CONTROL
.AM/FM STEREO MP3/CLK
.SILVER CAST ALUM WHEELS-18" I
.SYNC VOICE ACTIVATED SYSTEMS
10000# GVWR PACKAGE i I
425 50 STATE EMISSIONS NC" NC,t
512 SPARE TIRE AND WHEEL 295100 269100
52B TRAILER BRAKE CONTROLLER 270100 246100
TELESCPNG TT MIRR-POWR/HTD 1 1
JACK
63R REAR STAB BAR W/ AUX SPRINGS 125100 114100
66S UPFITTER SWITCHES 16500 150'00
67D EXTRA HEAVY DUTY ALTERNATOR NCI INC
872 REAR VIEW CAMERA & PREP KIT 415;00 377100
1 CLOTH 40/20/40 SEAT 100I00 91 00
TOTAL OPTIONS/OTHER 3350100 3048 00
TOTAL VEHICLE & OPTIONS/OTHER 36500100 34541 00
DESTINATION & DELIVERY 1595100 1595 00
t
t
TOTAL FOR VEHICLE 38095I00
FUEL CHARGE 20 80
SHIPPING WEIGHT 5472 LBS.
TOTAL 38095 00 36156 80
1
4
,
S.+/Z `I q e Cep
1 1
This Invoice may not reflect the final cost of the vehicle in view of the possibility of future rebates,allowances,discounts and incentive awards from Ford Motor Company to the dealer.
Sold to
Larry H. Miller Ford Mesa 71A175
460 E Auto Center Dr
Mesa AZ 85204 Order Type Ramp Code Batch ID Price Level
59 CS1P R667 950
i
Ship to(if other than above) Date Inv,Prepared (tern Number Transit Days
86462
Royal Truck Body 06 19 19 71-5195 17 •
900 W. 1st Avenue Ship Through I
Mesa AZ 85210 I
i
Invoice&Unit Identification NO. Final Assembly Point Finance Company and/or Bank
1FDBF2A6OKEE97493 KENTUCKY BANK OF AMERICA 660055
i
t
HS Invoice Total A&Z Plan D Plan X Plan FPA AA 111
1095 36156.80 34879.80 34979.80 36287.17 497.00 547.00
Amy, , Vcryti49
1:W4gr 4 ta;27.,,,ANT,,' QUOTATION #296967
ROYAL TRUCK
DATE ENTERE TRUCK ORIGIN )ATE REQUESTED
BODY
6/20/2019 POOL-PHX
900 W 1ST AVE. WRITTEN BY SALESMAN TERR DATE PROMISED
MESA,AZ 85210
M PHONE; 602-426-1774 MCH
:'`:i FAX: 602.A26-1778
.k,e,-V Pk,,,'''',,:::::-'''', '4T:•.!,'_ END USER(IF DIFFERENT THAN SOLD TO)
CUSTOMERTO: LHMMESA
S LARRY I-I,MILLER FORD MESA S LARRY H,MILLER FORD MESA 1
° 460 E.AUTO CENTER DRIVE H 460 E.AUTO CENTER DRIVE
MESA,AZ 85205 I MESA,AZ 85206
D
P .
1
1
1 - 40•,'13 NO sY SHIP VIA CUSTOM IMAM- CUSTOMER PHONE NO
02 TRANS
AKE TRUCK YEAR MODEL COLOR CA DIM DUAL - SINGLE DooLEY DUX TANK ENGINEERED BY
Ford 19 F2A WHITE 50 X N
TOC 10, 4I.I.N.NO, BED W to COMPT.DEPTI-i- OWRALL WIDTH
4693 49 15 79
QTY PART NOJDESCRIPTION . UNIT PRICE EXT PRICE
ginallillaVO I CURB SIDE mami
1 CAMF2 310,0000 310.00
CAMERA FORD PICK UP BED DELETE***NOT FOR CHASSIS 360 DEGREE
CAMERA OPTION****
1 /LABOR 95,0000 95.00
LABOR
V NOTCH REAR BUMPER FOR FACTORY HITCH
1 ISO-S -620.0000 620.00-
LESS;SPECIAL DISCOUNT-SUB 0
b.1/
THANK YOU FOR CHOOSING ROYAL TRUCK BODYIII
Freight: 0,00
RECEIVED BY(PRINT NAME)
Net Order: 6,150,00
RECEIVED BY(SIGN) DATE Sales Tax: ' 0,00
3RAND TOTAL: 6,150.00
In Congreggctglligio remove your vgiiirclo from our premises prior to Teir)enorteeosf thet tirrnderiritirpatroonrkarsredser(:it:thoef
IttirshitrrsansalViaa prevailing party a all be ontli a to reimbursement for court costs and attort4agfees. any El
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