ADDENDUM NO. 2 PUBLIC NOTICE CASA GRANDE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 03, 2011 - 7:00 PM COUNCIL CHAMBERS – 510 E. FLORENCE BOULEVARD THE FOLLOWING ITEM HAS BEEN ADDED TO THE CITY COUNCIL AGENDA: G. Consent Agenda Mayor All items listed with an asterisk (*) are considered routine matters and will be enacted by one motion and one roll call vote of the Council. There will be no separate discussion of these items unless a Council Member or member of the public so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence of the agenda. *G.5 Consider Authorizing the Closure of Trekell Road, North of Rodeo Road to McCartney Road on Thursday, October 6, 2011 for the Casa Grande Union High School Homecoming Parade Public Works Director Note : This meeting is open to the public. All interested people are welcome to attend. Supporting documents and staff reports, which were furnished to the Council with this Agenda, are available for review in the City Clerk’s Office and Casa Grande Public Library. Posted at City Hall and Police Department on September 30, 2011, at 5:00 p.m. Gloria Leija, MMC City Clerk Disabled individuals with special accessibility needs may contact Scott Barber, ADA Coordinator for the City of Casa Grande at 520-421-8600 or TDD 520-421-8623. If possible, such requests should be made 72 hours in advance.
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ADDENDUM NO. 2
PUBLIC NOTICE
CASA GRANDE CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 03, 2011 - 7:00 PM
COUNCIL CHAMBERS – 510 E. FLORENCE BOULEVARD
THE FOLLOWING ITEM HAS BEEN ADDED TO THE CITY COUNCIL AGENDA:
G. Consent Agenda Mayor
All items listed with an asterisk (*) are considered routine matters and will be enacted by one
motion and one roll call vote of the Council. There will be no separate discussion of these items
unless a Council Member or member of the public so requests, in which event the item will be
removed from the Consent Agenda and considered in its normal sequence of the agenda.
*G.5 Consider Authorizing the Closure of Trekell Road,
North of Rodeo Road to McCartney Road on
Thursday, October 6, 2011 for the Casa Grande
Union High School Homecoming Parade
Public Works
Director
Note: This meeting is open to the public. All interested people are welcome to attend. Supporting
documents and staff reports, which were furnished to the Council with this Agenda, are available
for review in the City Clerk’s Office and Casa Grande Public Library.
Posted at City Hall and Police Department on September 30, 2011, at 5:00 p.m.
Gloria Leija, MMC
City Clerk
Disabled individuals with special accessibility needs may contact Scott Barber, ADA Coordinator for the City of Casa Grande at 520-421-8600
or TDD 520-421-8623. If possible, such requests should be made 72 hours in advance.
AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution
Ordinance
Formal Action/Motion
Public Hearing
Other
Request to Authorize Casa Grande Union High
School’s Homecoming Parade Street Closures
RECOMMENDATION: Staff recommends the Mayor and City Council authorize the closure of
Trekell Road, just north of Rodeo Road to McCartney Road to accommodate the Homecoming
Parade for Casa Grande Union High School Thursday, October 6, 2011.
DISCUSSION: School staff and event coordinators are working with the Police and Public Works
Departments regarding barricade requirements for the street closures beginning 4:00 PM,
Thursday, October 6. The street is anticipated to remain closed no later than 6 PM. Notification
includes news releases and possible banners hung near the area.
FISCAL IMPACT: Approval of this action will have fiscal impact primarily for the Police and
Public Works Departments to coordinate street closures and insure safety and compliance.
ALTERNATIVES: Deny request. Alter the closure route(s).
Prepared by: Recommended by: Approved by:
Anita Avila
Kevin Louis
Jim Thompson Management Analyst Director of Public Works City Manager
Date Submitted: 9/16/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
ADDENDUM
PUBLIC NOTICE
CASA GRANDE CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 03, 2011 - 7:00 PM
COUNCIL CHAMBERS – 510 E. FLORENCE BOULEVARD
THE FOLLOWING ITEM HAS BEEN ADDED TO THE CITY COUNCIL AGENDA:
K. Ordinances, Resolutions, and Other matters or Subjects
Requiring Action by the Council
K.3 Consider a Resolution Acknowledging Its
Preference of Proposed Supervisoral District Plan 3
to the Pinal County Board Of Supervisors for
Redistricting Pinal Count
City Manager
Note: This meeting is open to the public. All interested people are welcome to attend. Supporting
documents and staff reports, which were furnished to the Council with this Agenda, are available
for review in the City Clerk’s Office and Casa Grande Public Library.
Posted at City Hall and Police Department on September 29, 2011, at 5:00 p.m.
Gloria Leija, MMC
City Clerk
Disabled individuals with special accessibility needs may contact Scott Barber, ADA Coordinator for the City of Casa Grande at 520-421-8600
or TDD 520-421-8623. If possible, such requests should be made 72 hours in advance.
AGENDA ITEM:
DATE:
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution
Ordinance
Formal Action/Motion
Public Hearing
Other
CONSIDER ADOPTING A RESOLUTION
SUPPORTING THE PINAL COUNTY
REDISTRICTING OPTION THAT KEEPS
CASA GRANDE IN ONE DISTRICT.
RECOMMENDATION:
It is the recommendation that Mayor and City Council adopt a Resolution supporting the redistricting map
option (Plan 3) that keeps the City of Casa Grande “whole” during the Pinal County Redistricting process.
DISCUSSION:
As a result of the 2010 census, Pinal County is required to both redistrict the current boundaries for the
Board of Supervisors, as well as expand the membership of that Board from 3 members to 5. Under
federal election laws, any redistricting must use existing voting precincts, not be discriminatory in its
application, and have relatively equal population. Additionally, in any redistricting there is a strong
preference for maintaining communities of interest such as municipalities, neighborhoods, geographic
areas, and economic and social interests.
During this process the Pinal County Board of Supervisors has developed 3 proposed redistricting plans.
While each of these plans seeks to meet the federally-required criteria (such as relatively equal
population), none of the options were able to fully incorporate the City of Casa Grande as a single
community of interest. In fact, 2 of the options go further and dissect the City into multiple districts,
resulting in a split of neighborhoods within the City of Casa Grande which developed and grew together
and a dilution of the concurrent interests of those groups in the economic and social growth of the City of
Casa Grande. These options may serve to unnecessarily dilute the representation of the City’s residents
and thus mute the impact of their voice relating to the concerns for a successful Pinal County and wholly
fail to incorporate the need to protect Casa Grande as a community of interest.
Although an ideal proposal would be able protect all communities of interest by keeping all municipalities
“whole,” thus allowing the residents to speak in one collective voice, as well as incorporate the planning
boundaries of those municipalities to ensure that future residents could share in that voice, none of the
proposed plans were able to meet that criteria as a result of the federal restrictions. Of the three proposed
plans, however, it is clear that Plan 3 most closely mirrors the spirit of the redistricting requirements by
keeping the City of Casa Grande largely as a single supervisorial district. This plan, while not ideal
because it still excludes some of the City’s residents and important geographic areas, allows for the least
disruption to the existing social and economic drivers that have made Casa Grande a successful and
inclusive community.
Date Submitted: 9/27/2011 Date Requested: 10/3/2011
As the Board of Supervisors finishes its public process and moves toward the adoption of a final
redistricting proposal, in order to best protect the City of Casa Grande - which serves as Pinal County’s
population hub and has historically served as the economic driver for central Pinal County - as a single
community of interest, the City of Casa Grande should make clear their support for the proposal that can
best protect its citizens. In this case, Plan 3 appears to most closely meet those goals and, accordingly, the
Mayor and Council are being asked to consider adopting a Resolution supporting Plan 3 to forward to the
Board of Supervisors during its deliberations.
FISCAL IMPACT:
Finance Director: ___________________________ City Attorney: _________________________________
ALTERNATIVES:
1. Deny Request
Prepared by: Recommended by: Approved by:
Finance Director Finance Director City Manager
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA,
ACKNOWLEDGING ITS PREFERENCE OF PROPOSED SUPERVISORAL DISTRICT
PLAN 3 TO THE PINAL COUNTY BOARD OF SUPERVISORS FOR REDISTRICTING
PINAL COUNTY.
BE IT RESOLVED by the Council of the City of Casa Grande, Arizona, as follows:
WHEREAS, the 2010 census determined the population of Pinal County to be 375,770
and the population of Casa Grande to be 48,571, making Pinal County the third largest county in
Arizona based upon population and Casa Grande the largest City in Pinal County; and,
WHEREAS, Pinal County is currently divided into three Board Supervisor Districts and
Arizona State Law requires counties with a population of 175,000 or more to have five
supervisorial districts; and,
WHEREAS, after each census, counties are required by federal law to re-draw
supervisorial district boundaries to equalize district populations; and,
WHEREAS, when creating the new districts, certain considerations must be observed,
such as the new districts must have equal population, must not discriminate as prohibited by
Federal Law, must be created by using existing election precincts, and must be contiguous; and,
WHEREAS, when creating the new districts, the Board of Supervisors has appropriately
noted the importance of maintaining communities of interest within a single District; and
WHEREAS, the City of Casa Grande, as the current economic hub of central Pinal
County and the County’s largest single municipal area, constitutes an important community of
interest that should not be disturbed through the redistricting process; and
WHEREAS, during the public input process for the new supervisorial districts, three
proposed maps, referred to as Proposed Supervisorial District Plans 1, 2, and 3, were drafted;
and,
WHEREAS, of the three proposed redistricting plans, no option adequately addresses the
need to keep all of the citizens of the City of Casa Grande in a single District nor ensures that
municipal planning areas are not dissected among Supervisorial Districts; and
WHEREAS, of the proposed redistricting plans, Plan 3 is the only plan that preserves a
majority of the citizens of the City of Casa Grande within one District and as such provides the
best method of meeting the mandated and preferred methods of redistricting for Pinal County;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of
Casa Grande unanimously acknowledge their preference of for Proposed Supervisorial District
Plan 3 to the Pinal County Board of Supervisors for redistricting Pinal County.
The City Manager and City Clerk are hereby directed to provide a copy of this Resolution
to the Board of Supervisors for Pinal County.
PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande,
Source: Census 2010 Redistricting Data (Public Law 94-171) Summary file, Arizona
Tabulation: Research Advisory Services, Inc., Phoenix AZ (602) 230-9580
PINAL COUNTY PROPOSED SUPERVISOR DISTRICTS, VERSION 3
CENSUS 2010 VOTING-AGE POPULATIONS BY ELECTION DISTRICT
ADDENDUM NO. 2
PUBLIC NOTICE
CASA GRANDE CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 03, 2011 - 7:00 PM
COUNCIL CHAMBERS – 510 E. FLORENCE BOULEVARD
THE FOLLOWING ITEM HAS BEEN ADDED TO THE CITY COUNCIL AGENDA:
G. Consent Agenda Mayor
All items listed with an asterisk (*) are considered routine matters and will be enacted by one
motion and one roll call vote of the Council. There will be no separate discussion of these items
unless a Council Member or member of the public so requests, in which event the item will be
removed from the Consent Agenda and considered in its normal sequence of the agenda.
*G.5 Consider Authorizing the Closure of Trekell Road,
North of Rodeo Road to McCartney Road on
Thursday, October 6, 2011 for the Casa Grande
Union High School Homecoming Parade
Public Works
Director
Note: This meeting is open to the public. All interested people are welcome to attend. Supporting
documents and staff reports, which were furnished to the Council with this Agenda, are available
for review in the City Clerk’s Office and Casa Grande Public Library.
Posted at City Hall and Police Department on September 30, 2011, at 5:00 p.m.
Gloria Leija, MMC
City Clerk
Disabled individuals with special accessibility needs may contact Scott Barber, ADA Coordinator for the City of Casa Grande at 520-421-8600
or TDD 520-421-8623. If possible, such requests should be made 72 hours in advance.
AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution
Ordinance
Formal Action/Motion
Public Hearing
Other
Request to Authorize Casa Grande Union High
School’s Homecoming Parade Street Closures
RECOMMENDATION: Staff recommends the Mayor and City Council authorize the closure of
Trekell Road, just north of Rodeo Road to McCartney Road to accommodate the Homecoming
Parade for Casa Grande Union High School Thursday, October 6, 2011.
DISCUSSION: School staff and event coordinators are working with the Police and Public Works
Departments regarding barricade requirements for the street closures beginning 4:00 PM,
Thursday, October 6. The street is anticipated to remain closed no later than 6 PM. Notification
includes news releases and possible banners hung near the area.
FISCAL IMPACT: Approval of this action will have fiscal impact primarily for the Police and
Public Works Departments to coordinate street closures and insure safety and compliance.
ALTERNATIVES: Deny request. Alter the closure route(s).
Prepared by: Recommended by: Approved by:
Anita Avila
Kevin Louis
Jim Thompson Management Analyst Director of Public Works City Manager
Date Submitted: 9/16/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
PUBLIC NOTICE
CASA GRANDE CITY COUNCIL
MEETS
MONDAY, OCTOBER 03, 2011 - 7:00 PM
COUNCIL CHAMBERS – 510 E. FLORENCE BOULEVARD
A. Call to Order Mayor
� Invocation � Pledge of Allegiance
B. Roll Call City Clerk
C. Minutes: City Clerk
C.1 City Council Regular Meeting - September 19, 2011
C.2 Library Advisory Board - May 11, 2011
C.3 Casa Grande Youth Commission - August 14, 2011
C.4 Golf Course Advisory Committee - September 7, 2011
C.5 Police Personnel Retirement Board - September 13, 2011
D. Claims Finance Director
D.1 Claims - September 22, 2011
D.2 Claims - September 29, 2011
E. Meeting Agenda Approval Mayor
F. Special Presentations
F.1 Presentation on Arizona Parks & Recreation Awards Community Services
Director
G. Consent Agenda Mayor
All items listed with an asterisk (*) are considered routine matters and will be enacted by one motion and one roll call vote of the Council. There will be no separate discussion of these items unless a Council Member or member of the public so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence of the agenda.
*G.1 Consider Special Event Liquor License Applications for Palm Creek Golf & RV Resort 2011-2012 Events
City Clerk
*G.2 Consider the Request to Renew a Off-Track
Wagering Permit to Conduct Wagering at McMasher's Sports Bar, 1355 E. Florence Boulevard, #139 to American Greyhound Racing Inc. at Phoenix Greyhound Park
City Clerk
City Council Meeting - Regular Page 2
October 3, 2011
*G.3 Consider a Special Event Liquor License
Application for Pinal County Veterans Memorial Foundation, Fundraising Event (Honor Veterans and Educate on War Memorial)
City Clerk
*G.4 Consider Accepting the 1st Quarter FY11-12 Report
from a Non-Profit Organization - Casa Grande Main Street
City Manager
H. Public Comments Mayor
I. Award of Contracts
I.1 Consider an Ordinance Accepting a Bid From
Norwood Equipment, Inc. for the Purchase of an Ez-Pack 40-Yard Front Load Refuse Body to be Fitted onto a 2012 Mack MRU 613 Chassis; Authorizing the Expenditure of Public Funds in an Amount Not to Exceed $98,504.29; and Authorizing Execution of a Contract With, or Purchase Order to, Norwood Equipment, Inc.
Public Works
Director
I.2 Consider an Ordinance Accepting a Bid From
Arizona Truck Centers dba Vanguard Truck Centers for the Purchase of One (1) 2012 In-Stock Mack MRU 613 Cab Over Engine Chassis; Authorizing the Expenditure of Public Funds in an Amount Not to Exceed $142,979.70; and Authorizing Execution of a Contract with, or Purchase Order to, Arizona Truck Centers dba Vanguard Truck Centers in Accordance with the Terms Submitted to the Arizona State Bid List
Public Works
Director
J. Boards & Commissions None
K. Ordinances, Resolutions, and Other matters or Subjects
Requiring Action by the Council
K.1 Consider an Ordinance Approving a
Development/Pay-Back Agreement Between the City of Casa Grande, Florence Blvd. Fuel 1, LLC and Double G Properties of Casa Grande, LLC.; and Authorizing the Execution of the Development/ Pay-Back Agreement by the City Manager
Planning and
Development Director
K.2 Consider an Ordinance Authorizing Payment of a
Fee to the Arizona Department of Water Resources; authorizing Use of Council Contingency for Payment; and Authorizing Expenditure of Public Funds in an Amount Not to Exceed $60,510.65.
Finance Director
City Council Meeting - Regular Page 3
October 3, 2011
L. Public Meetings, Public Hearings, Open Record Reviews,
and Closed Record Reviews
None
M. Executive Session:
Executive Session: A.R.S. §38-431.03. A. Upon a public majority vote of the members constituting a quorum, a public body may hold an executive session but only for the following purposes: 3. Discussion or consultation for legal advice with the attorney or attorneys of the public body. 4. Discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
� Discussion and Consultation with City Attorney
Regarding Negotiations of a Memorandum of
Understanding with St. Anthony of Padua Catholic
Church for 1st Street Right-of-Way Between
Picacho Street and Drylake Street
� Proposal by Ritchie Brothers to Amend the
Development Agreement with the City of Casa
Grande
City Attorney
N. Reports
O. Adjournment
Note: This meeting is open to the public. All interested people are welcome to attend. Supporting
documents and staff reports, which were furnished to the Council with this Agenda, are available
for review in the City Clerk’s Office and Casa Grande Public Library.
Posted at City Hall and Police Department on September 29, 2011, at 5:00 p.m. Gloria Leija, MMC City Clerk
Disabled individuals with special accessibility needs may contact Scott Barber, ADA Coordinator for the City of Casa Grande at 520-421-8600
or TDD 520-421-8623. If possible, such requests should be made 72 hours in advance.
Titles of Resolutions and Ordinances of the City Council Regular Meeting of October 3, 2011 Page 1
RESOLUTIONS AND ORDINANCES
IN ACCORDANCE WITH ARTICLE VII, SECTION 6, PARAGRAPH 3 OF THE CHARTER OF THE CITY OF CASA GRANDE, ARIZONA, THE FOLLOWING ARE TITLES OF THE RESOLUTIONS AND ORDINANCES PROPOSED FOR CONSIDERATION BY THE COUNCIL AT THEIR REGULAR MEETING TO BE HELD MONDAY, OCTOBER 3, 2011 AT 7:00 P.M., 510 E. FLORENCE BLVD. I.1 ORDINANCE NO. _____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ACCEPTING A BID FROM NORWOOD EQUIPMENT, INC. FOR THE PURCHASE OF AN EZ-PACK 40-YARD FRONT LOAD REFUSE BODY TO BE FITTED ONTO A 2012 MACK MRU 613 CHASSIS; AUTHORIZING THE EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $98,504.29; AND AUTHORIZING EXECUTION OF A CONTRACT WITH, OR PURCHASE ORDER TO, NORWOOD EQUIPMENT, INC. I.2 ORDINANCE NO. _____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ACCEPTING A BID FROM ARIZONA TRUCK CENTERS DBA VANGUARD TRUCK CENTERS FOR THE PURCHASE OF ONE (1) 2012 IN-STOCK MACK MRU 613 CAB OVER ENGINE CHASSIS; AUTHORIZING THE EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $142,979.70; AND AUTHORIZING EXECUTION OF A CONTRACT WITH, OR PURCHASE ORDER TO, ARIZONA TRUCK CENTERS DBA VANGUARD TRUCK CENTERS IN ACCORDANCE WITH THE TERMS SUBMITTED TO THE ARIZONA STATE BID LIST. K.1 ORDINANCE NO. _____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, APPROVING A DEVELOPMENT/PAY-BACK AGREEMENT BETWEEN THE CITY OF CASA GRANDE, FLORENCE BLVD. FUEL 1, LLC AND DOUBLE G PROPERTIES OF CASA GRANDE, LLC.; AND AUTHORIZING THE EXECUTION OF THE DEVELOPMENT/ PAY-BACK AGREEMENT BY THE CITY MANAGER. K.2 ORDINANCE NO. _____ AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, AUTHORIZING PAYMENT OF A FEE TO THE ARIZONA DEPARTMENT OF WATER RESOURCES; AUTHORIZING USE OF COUNCIL CONTINGENCY FOR PAYMENT; AND AUTHORIZING EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $60,510.65.
Posted at City Hall and Police Department on September 29, 2011 at 5:00 p.m. Gloria Leija, MMC City Clerk
Titles of Resolutions and Ordinances of the City Council Regular Meeting of October 3, 2011 Page 1
ADDENDUM
RESOLUTIONS AND ORDINANCES
IN ACCORDANCE WITH ARTICLE VII, SECTION 6, PARAGRAPH 3 OF THE CHARTER OF THE CITY OF CASA GRANDE, ARIZONA, THE FOLLOWING ARE TITLES OF THE RESOLUTIONS AND ORDINANCES PROPOSED FOR CONSIDERATION BY THE COUNCIL AT THEIR REGULAR MEETING TO BE HELD MONDAY, OCTOBER 3, 2011 AT 7:00 P.M., 510 E. FLORENCE BLVD. K.3 RESOLUTION NO. _____ A RESOLUTION OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ACKNOWLEDGING ITS PREFERENCE OF PROPOSED SUPERVISORAL DISTRICT PLAN 3 TO THE PINAL COUNTY BOARD OF SUPERVISORS FOR REDISTRICTING PINAL COUNTY.
Posted at City Hall and Police Department on September 29, 2011 at 5:00 p.m. Gloria Leija, MMC City Clerk
Regular Meeting
MINUTES OF THE REGULAR MEETING
OF THE HONORABLE MAYOR AND COUNCIL
OF THE CITY OF CASA GRANDE
HELD IN THE COUNCIL CHAMBERS
510 E. FLORENCE BLVD., CASA GRANDE, AZ 85122
MONDAY, SEPTEMBER 19, 2011
A. Call to Order: Mayor Jackson called the meeting to order at 7:06 p.m.
Invocation: Pastor Judy Turberg, Episcopal Church delivered the invocation.
Pledge of Allegiance: Mayor Pro Tempore Herman led the Pledge of Allegiance to the Flag.
B. Roll Call:
The following Council Members were present:
Lisa Fitzgibbons Council Member Karl Montoya Council Member Steve Miller Council Member Dick Powell Council Member Matthew Herman Mayor Pro Tempore Robert Jackson Mayor
The following Council Member was absent:
Mary Kortsen Council Member Council Member Powell moved to excuse Council Member Kortsen from the meeting. Council Member Fitzgibbons seconded the motion and was carried unanimously.
Also Present: Larry Rains Deputy City Manager Brett Wallace City Attorney Gloria Leija City Clerk Mary Johnson Community Services Director Diane Archer Finance Director
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City Council Meeting – September 19, 2011 Page 2
Also Present: Scott Miller Fire Chief Robert Huddleston Police Chief Scott Barber Administrative Services Director
C. Minutes:
Council Member Powell moved to approve the following minutes:
City Council Regular Meeting September 6, 2011 Arts & Humanities Commission August 3, 2011 Golf Course Advisory Committee May 4, 2011 Parks & Recreation Advisory Board May 4, 2011 Police Personnel Retirement Board July 20, 2011 Board of Adjustment August 9, 2011
The motion was seconded by Council Member Fitzgibbons and was carried with a 6-0 voice vote. D. Claims:
D.1 Claims Dated September 1, 2011
Council Member Montoya moved to approve and pay the reported claims dated September 1, 2011. Council Member Miller seconded the motion and was carried with a 6-0 voice vote. D.2 Claims Dated September 8, 2011
Mayor Pro-Tempore Herman moved to approve and pay the reported claims dated September 8, 2011. Council Member Miller seconded the motion and was carried with a 6-0 voice vote.
C.1 - Packet Page #: 2 Item Page #: 2
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D.3 Claims Dated September 15, 2011
Council Member Powell declared a conflict of interest and did not participate in
the discussion or voting on this item.
Mayor Pro-Tempore Herman moved to approve and pay the reported claims dated September 15, 2011. Council Member Miller seconded the motion and was carried with a 5-0 voice vote with Council Member Powell abstaining as stated above. E. Meeting Agenda Approval:
Council Member Montoya moved to approve the meeting agenda with a change (Remove Item F.1). Council Member Herman seconded the motion and was carried unanimously. F. Special Presentation: None
G. Consent Agenda:
Mayor Jackson announced consideration of the Consent Agenda and explained that all items listed preceded by an asterisk (*) would be acted upon by a single roll call vote of the Council, unless some member of the Council or member of the public asked that specific items be removed from the Consent Agenda, discussed and voted upon separately. Council Member Montoya moved for passage of the Consent Agenda. Council Member Miller seconded the motion and the following roll call vote was recorded:
AYES ABSTAIN NAYS
Council Member Fitzgibbons Council Member Miller Council Member Montoya Council Member Powell Mayor Pro Tempore Herman Mayor Jackson Mayor Jackson then declared that all items in these minutes identified by an asterisk (*) preceding the title of that item were passed and adopted.
C.1 - Packet Page #: 3 Item Page #: 3
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G.1 *Final Adoption of Ordinance No. 2715
Accepting a Bid from Bingham Equipment Company
Purchase of a 2011 Kubota R420S1T3 Compact Wheel Loader
By a 6-0 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 2715 which appeared before Council for a second reading, accepting a bid from Bingham Equipment Company for the purchase of a 2011 Kubota R420S1T3 Compact Wheel Loader; authorizing the expenditure of public funds in an amount not to exceed $56,566.15; and authorizing execution of a contract with, or purchase order to, Bingham Equipment Company in accordance with the terms submitted to the Arizona State Bid List. G.2 *Final Adoption of Ordinance No. 2716
Accepting the Proposal for Professional Services From Ellison-Mills
Contracting, LLC to Provide Pre-Construction Services for the
Downtown Streets Reconstruction Phase II Project
By a 60 roll call vote under the Consent Agenda, Council passed and adopted Ordinance No. 2716 accepting the proposal for professional services from Ellison-Mills Contracting, LLC to provide pre-construction services for the Downtown Streets Reconstruction Phase II Project; authorizing expenditure of public funds in an amount not to exceed $72,574.33; and authorizing the execution of a contract. G.3 *Consider a New Liquor License, Series #12
Donovan Salas, dba, Cabana’s Tex-Mex Kitchen, 665 N. Pinal Avenue
City Clerk Leija recommended in her Request for Council Action form that Mayor and Council instruct the City Clerk to forward a recommendation to the State Liquor License & Control Board to approve a New Liquor License Series #12 (Restaurant License), to Donovan Salas, dba, Cabana’s Tex-Mex Kitchen, 665 N. Pinal Avenue. City Clerk Leija reported that the application under consideration is for a Series #12, New Liquor License. The applicant is Donovan Salas, dba, Cabana's Tex-Mex Kitchen, 665 N. Pinal Ave. The type of license is for a Series #12 (Restaurant License), which is a non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license.
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As required by law, the Notice to the Public and a copy of the application were appropriately posted for 20 days. The twenty (20) days expired on September 6, 2011. The City Clerk’s Office did not receive any comments opposing or supporting the application. The Police Department and Building Official have submitted favorable recommendations to approve the application. By a 6-0 roll call vote under the Consent Agenda, Council authorized the City Clerk to forward a favorable recommendation to the Arizona Department of Liquor License & Control for issuance of a New Liquor License Series #12 (Restaurant License) to Donovan Salas, dba, Cabana’s Tex-Mex Kitchen, 665 N. Pinal Avenue, Casa Grande, Arizona. G.4 *Consider a Special Event Liquor License Application
Boys & Girls Clubs of the Casa Grande Valley
Fundraiser - October 23, 2011
City Clerk Leija recommended in her Request for Council Action form that Mayor and Council authorize the City Clerk to forward local approval to the State of Arizona Liquor Board for issuance of a Special Event Liquor License, as requested by the Boys & Girls Clubs of the Casa Grande Valley. Their request is in conjunction with their Fundraiser scheduled for October 23, 2011, 6:00 p.m. to 10:00 p.m., at 1117 N. Promenade Parkway, Casa Grande, Arizona. City Clerk Leija reported that the State of Arizona Board of Liquor License and Control assume little jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License. Almost exclusively the local governing body makes decisions regarding the issuance of such permits. This is the only type of liquor license, which will not be issued without the approval of the local governing board. The City charges no fee for this type of license. A $25.00 per day license is charged by the State. By a 6-0 roll call vote under the Consent Agenda, Council authorized the City Clerk to forward a favorable recommendation to the Arizona Department of Liquor License & Control for issuance of a Special Event Liquor License to the Boys & Girls Clubs of Casa Grande Valley for their Fundraiser scheduled for October 23, 2011, 6:00 p.m. to 10:00 p.m., at 1117 N. Promenade Parkway.
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G.5 *Consider a Special Event Liquor License Application
St. Helen of the Cross Catholic Church
Fundraiser – November 18, 2011
City Clerk Leija recommended in her Request for Council Action form that Mayor and Council authorize the City Clerk to forward local approval to the Arizona State of Liquor Board for issuance of Special Event Liquor License, as requested by the St. Helen of the Cross Catholic Church for an Educational Fund Raiser scheduled on November 18, 2011, 4:00 p.m. to 12:00 p.m. at 410 N. Florence Street, Casa Grande, Arizona. City Clerk Leija reported that the State of Arizona Board of Liquor License and Control assume little jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License. Almost exclusively the local governing body makes decisions regarding the issuance of such permits. This is the only type of liquor license, which will not be issued without the approval of the local governing board. The City charges no fee for this type of license. A $25.00 per day license is charged by the State. By a 6-0 roll call vote under the Consent Agenda, Council authorized the City Clerk to forward a favorable recommendation to the Arizona Department of Liquor License & Control for issuance of a Special Event Liquor License to St. Helen of the Cross Catholic Church for their Fundraiser, scheduled for November 18, 2011, 4:00 p.m. to 12:00 p.m. at 410 N. Florence Street, Casa Grande, Arizona. H. Public Comments:
Mayor Jackson called for public comments. No comments were offered. I. Award of Contracts: None
J. Boards and Commissions: None
K. Ordinances, Resolutions, and Other Matters or
Subjects Requiring Action by the Council:
None
L. Public Meetings, Public Hearings, Open Record
Review, and Closed Record Reviews None
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M. Executive Session: None
N. Reports:
Council Member Fitzgibbons reported that the Community Service IB met. At this meeting, Director Johnson reported on the issues regarding the golf course rates that were rejected by the Golf Board. Staff is going to continue to work with the Board and bring the rates before the Council. Further, Council Member Fitzgibbons reported that the Celebrating Women of Today and Tomorrow Conference was held on Saturday, September 17, 2011. Over 100 young girls attended the conference along with their mothers. Guest speakers included Clint Myers, ASU Women’s Softball Coach and members of the team. Council Member Powell voiced that Mayor Jackson and he have been talking about issuing a proclamation on the City’s preference for the redistricting map. He believes that unofficially it appears that map #3 will be selected, which is also the City’s preference. Further, he offered the below:
� Reported on the Superstition Vistas’ proposal to amend the Comprehensive Plan. The Citizens’ Advisory Committee has turned it down, as well as the Planning and Zoning Commission.
� Regarding the Police Department’s Strategic Plan, he noted that there has
not been an opportunity for Council to comment on the goals and objectives, and would like to know at what point the Council will consider the Strategic Plan for acceptance?
Responding to Mr. Powell, Mayor Jackson stated that it’s his understanding that the Strategic Plan and Implementation Strategies will be brought before Council during a study session. At this point, Council can offer comments. Mayor Jackson reported on the below:
� Get out play day (Playtopia) at Carr McNatt Park on Friday, September 23, 2011, 5-8 p.m.
� Ballet Under the Stars is Thursday, September 22, 2011, Paul Mason Sports Complex
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� Board and Commissions’ dinner is tentatively scheduled for October 26 or November 17, 2011. The decision should be made by next week.
� Ribbon cutting for the reopening of the City’s Golf Club is scheduled for September 29, 2011.
O. Adjournment:
There being no further business at this time, the meeting was adjourned at approximately 7:07 p.m.
______________________ Robert Jackson Mayor ATTEST: ____________________ Gloria Leija, MMC City Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of Casa Grande, Arizona held on the 19th day of September, 2011. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 3rd day of October, 2011 _____________________ Gloria Leija, MMC City Clerk
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MINUTES OF A SPECIAL MEETING OF
THE CASA GRANDE POLICE PERSONNEL RETIREMENT BOARD
HELD IN CITY HALL, CONFERENCE ROOM A-1
510 E. FLORENCE BLVD.
SEPTEMBER 13, 2011– 11:00 AM
The meeting was called to order by Mayor Jackson at 11:00 a.m.
The following members were present for the meeting:
Robert Jackson Mayor/Chairman
Gloria Leija City Clerk/Board Secretary
Mark Bonsall Police Officer/Member
Member absent:
Jeffrey Wyman Member
Kile Jackson Police Officer/Member
MINUTES:
Member Bonsall moved to approve the minutes of July 20, 2011, meeting of the Casa Grande
Police Personnel Retirement Board. The motion was seconded by Member Leija and carried
with a 3-0-voice vote.
SPECIAL BUSINESS:
Review Pre-employment Medical Reports and Consider Enrollment into the
Arizona Public Safety Retirement System for Matthew W. Perry and Michael J. Wilson
MBI, 4100 E. Broadway Rd., Phoenix, Arizona 85040, submitted the below medical reports:
Doctor and Date of Medical Report Applicant Findings
Donald J. Gibertini
September 7, 2011
Matthew M. Perry Has a condition which
requires further evaluation by
a specialist in the field of
Audiologist.
Juan Rodriguez
September 2, 2011
Michael J. Wilson Is capable of performing the
duties of a peace officer
without accommodations.
Member Bonsall moved to approve enrollment in the Arizona Public Safety Retirement System
for Michael J. Wilson with all the medical findings included in the pre-employment medical
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report dated September 2, 2011. The motion was seconded by Member Leija and carried with a
3-0-voice vote.
The Board took no action on Matthew M. Perry, because he was referred to an audiologist for
further evaluation.
PUBLIC COMMENTS:
No comments were offered.
ADJOURNMENT:
With no further business to come before the Board, the meeting was adjourned at 11:15 a.m.
Gloria Leija, MMC
Board Secretary
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Check Vendor Amount Thursday, September 22, 2011 32036 3M $3,661.07 32037 A J P Electric, Inc. $46,098.18 32038 A&D Eagle Towing $998.64 32039 ACT! Media Advertising & Public Relations $150.00 32040 Adams Distributing Inc. $2,418.31 32041 ADECCO USA, Inc. $1,054.40 32042 Alicia M. Sanchez And $5,156.00 32043 All Flag & Flagpoles Inc. $1,577.00 32044 Allen $190.00 32045 Alliance Beverage Distributing $190.75 32046 American Legal Publishing Corp. $83.00 32047 Andrea N. Golding $159.00 32048 ARC/Scottblue Reprographics $194.62 32049 Arizona Blue Stake, Inc. $294.61 32050 Arizona City Management Assoc. $45.00 32051 Arizona Public Service $31,999.69 32052 Arizona Refuse Sales, LLC $561.96 32053 Arizona Upholstery $135.00 32054 Arizona Water Company $31,883.47 32055 Arizona's Best Choice $49.00 32056 Arrowhead Mountain Spring Water $89.21 32057 ASPC-Florence $363.00 32058 Auto Body World $625.58 32059 Automotive Supply Co. $481.51 32060 Avesis $3,597.54 32061 AZ Dept. of Public Safety $24.00 32062 AZ Homicide Invest. Assoc. Inc. $225.00 32063 AZ Mun. Risk Retention Pool (WC) $1,089.03 32064 AZ State Prison Complex $936.50 32065 Baker & Taylor Inc. $2,584.25 32066 Bauer $535.03 32067 Bearing Belt & Chain $354.62 32068 Bendpak, Inc. $1,173.00
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DATE: 10/3/2011
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Check Vendor Amount Thursday, September 22, 2011 32069 Bentley $7.67 32070 Bingham Equipment Co. $4,007.15 32071 Blue Cross Blue Shield of Arizona $4,097.97 32072 Bookpage $456.00 32073 Branham's Exterminating Co. Inc. $600.00 32074 Brashier $36.03 32075 Brock & Associates $64.00 32076 Brodart Co. $97.69 32077 Butler Schein Animal Health Supply $198.50 32078 C.W. Carter Co. $755.51 32079 Casa Grande Valley $8,500.00 32080 CBI Security Service $559.60 32081 CenturyLink $1,748.00 32082 CenturyLink $212.06 32083 Chandler Air Service, Inc. $40.90 32084 Chavez $24.00 32085 Choices Tread Retreading LLC $129.24 32086 Christina Bernal $2,500.00 32087 City of Casa Grande $99.84 32088 Cleaning Resources $299.30 32089 CLH International. Inc. $8,646.76 32090 Coca-Cola Bottling Co. $625.45 32091 Cox Communications $99.98 32092 Coyote Honda $1,338.10 32093 Crescent Crown Dist. $384.40 32094 Crown Awards $1,124.80 32095 CWA Consulting Services LLC $65.00 32096 D&D Framing, LLC $9,560.00 32097 Debbie Ochoa $441.00 32098 DEMCO $1,376.03 32099 Disc Golf Assoc., Inc. $128.57 32100 Dish Network $236.19 32101 DQE $6,944.86 32102 DS Mobile Service $1,795.00 32103 Dusty's Filter Service $37.07 32104 Ed Whitehead's Tire Country $3,718.77
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Check Vendor Amount Thursday, September 22, 2011 32105 Edil Aguirre $2,500.00 32106 Electrical District #3 $34.08 32107 Empire Machinery Co. $849.91 32108 Engstrom $450.00 32109 ESRI $15,248.30 32110 Evergreen Turf, Inc. $296.06 32111 Ewing Irrigation Products, Inc. $1,332.92 32112 Fleetpride $1,686.82 32113 Food City $14.26 32114 Fred's Bolts, Nuts & Service $47.50 32115 Freddy's Mobile Car Wash $75.00 32116 Freightliner, Sterling $1,693.93 32117 Frito Lay, Inc. $70.92 32118 G&K Services $617.12 32119 GCR Truck Tire Centers $4,159.91 32120 GMI Pump Systems, LLC $1,347.76 32121 Golden Eagle Distributors, Inc. $731.25 32122 Grainger, Inc. $43.08 32123 Greater C.G. Chamber of Commerce $5.00 32124 Green Manufacturing Co. $1,201.46 32125 H&E Equipment Services, Inc. $1,719.80 32126 Horizon Irrigation & Turf $1,460.44 32127 Hughes Fire Equipment, Inc. $1,377.61 32128 Industrial Hose Repair $336.90 32129 Jobs Available, Inc. $39.00 32130 Jones Auto Center $3,332.97 32131 Juarez $120.00 32132 Kenneth W. Campbell $3,500.00 32133 Kortsen $79.80 32134 Lighthouse, Inc. $108.80 32135 Lowe's $28.87 32136 Lowe's $70.33 32137 Lubrication Equip. & Supply $163.36 32138 Lujan $12.00 32139 Luse $190.00 32140 Martinez $450.00
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Check Vendor Amount Thursday, September 22, 2011 32141 MBI Occupational Health $135.50 32142 MBT, Inc. $819.00 32143 Merle's Automotive Supply, Inc. $2,286.00 32144 Mid-American Research $537.82 32145 Mid-State Refrigeration $737.79 32146 Midwest Tape $1,643.30 32147 N&D Designs, LLC $107.51 32148 Nancy Garcia $250.00 32149 Nat'l Band & Tag Co. $661.41 32150 Nationwide Gourmets $739.93 32151 New Image Building Services, LLC $9,747.89 32152 Notary Bond Agency $50.00 32153 Odell $36.00 32154 Office Depot $78.34 32155 Officemax Inc. $1,164.58 32156 Oriental Trading Co. Inc. $184.23 32157 Palmer $29.43 32158 Paragon Concrete Prod. Inc. $41.73 32159 Performance Plus Distributing, Inc. $228.49 32160 Phoenix Fire Dept. Health Center $32,889.00 32161 Phoenix Highway Products, Inc. $10,760.98 32162 Pinal Co. Div. of Environ. Health $200.00 32163 Pinal Co. Sheriff's Office JEF $44,399.42 32164 Pinal Co. Town Hall $925.00 32165 Pitney Bowes Global Financial Serv. $144.37 32166 Praxair $4,471.55 32167 Professional Law Enf. Training $250.00 32168 Purchase Advantage Card $34.12 32169 R&R Products Co., Inc. $397.54 32170 Ramirez $250.00 32171 Recreation Design Concepts $938.31 32172 Regan's Diesel Repair LLC $122.30 32173 Reliable The Office Supply People $932.48 32174 Rexel Of America LLC $11,553.36 32175 RLS Services, Inc. $214.88 32176 RMS Electrical Contracting, LLC $301.95
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Check Vendor Amount Thursday, September 22, 2011 32177 Robert Weaver $42.74 32178 RWC International LTD $119.88 32179 Safety Kleen Corp. $210.30 32180 Safeway Inc. $131.94 32181 Salinas $450.00 32182 San Carlos Irrigation $789.22 32183 Sanders $190.00 32184 SC Fuels $26,455.33 32185 Secretary of State $48.00 32186 Secretary of State $48.00 32187 Security Title Agency $600.00 32188 Serck Services, Inc. $538.85 32189 Sew What? $145.00 32190 Sheakley Pension Admin. Inc. $425.00 32191 Sigler $233.70 32192 Simpson Norton Corp. $57.69 32193 Small Animal Clinic $342.30 32194 Sommers Glass & Mirror $109.70 32195 Southwest Gas Corp. $564.88 32196 Sybertech Waste Reduction LTD $733.50 32197 Sysco Food Services of AZ $1,396.78 32198 Tee Pee Sand & Gravel $1,543.58 32199 The Winners Circle $111.89 32200 Thomas $200.00 32201 Thompson $354.99 32202 Thompson Safe Lock & Key Inc. $34.56 32203 Titan Power, Inc. $1,348.17 32204 Trucks West of Phoenix, Inc. $1,713.23 32205 Turbo & Electric Sales & Serv. $505.14 32206 United Fire Equipment Co. $689.73 32207 United Healthcare Insurance Co. $306,692.21 32208 Value-Crete $603.35 32209 Water Movers, Inc. $89.46 32210 Waxie Sanitary Supply $232.40 32211 West Payment Center $768.67 32212 Western Exterminator Co. $642.00
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Check Vendor Amount Thursday, September 22, 2011 32213 Western States Tire Co. $3,949.40 32214 Wilcox Professional Services LLC $600.00 32215 Wiseman's Towing $105.00 32216 Worldpoint ECC, Inc. $466.85 32217 Yvette Lee $2,500.00 32218 Zelechowski $1,047.63 32219 Zep Manufacturing Co. $265.08 32220 Otto Trucking, Inc $1,275.00 32221 Ferguson $239.88
Total $733,203.81 Total 186
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Check Vendor Amount Thursday, September 29, 2011 32224 ADECCO USA, Inc. $4,173.11 32225 ADT Security Services, Inc. $132.93 32226 Air Compressors, Inc. $80.61 32227 Alphalarm Co. $76.42 32228 Alston $400.00 32229 American Messaging Services $321.68 32230 Arizona Public Service $31,686.04 32231 Arizona Public Service Co $5,844.82 32232 Arizona Smoke School, LLC $200.00 32233 Arizona Upholstery $177.45 32234 Arizona Valve & Fitting Co. $46.34 32235 Arizona Water Company $75.00 32236 Arizona Water Company $23,883.77 32237 Ascent Aviation Group, Inc. $36,564.20 32238 AT&T Mobility $35.51 32239 AZ Dept. of Public Safety $800.51 32240 AZ Pawn Property Recovery Law Enforcement $40.00 32241 AZ State Prison Complex $102.00 32242 Balar Equipment Corp. $356.57 32243 Bearing Belt & Chain $184.04 32244 Bergen Enterprises, Inc. $59.80 32245 Bingham Equipment Co. $45.06 32246 Branham's Exterminating Co. Inc. $1,132.00 32247 Brown Evans Distributing Co. $3,973.87 32248 BSN Sports $749.94 32249 Butler Schein Animal Health Supply $123.50 32250 C&C Engraving $66.19 32251 C.W. Carter Co. $870.82 32252 Casa Grande Animal Hospital $384.89 32253 Casa Grande Counseling $540.00 32254 Casa Grande Dispatch $1,483.98 32255 Casa Grande Valley Newspapers $12.00 32256 CBI Security Service $1,007.28
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Check Vendor Amount Thursday, September 29, 2011 32257 Cemex $313.85 32258 Center For Watershed Protection, Inc. $149.00 32259 Central Arizona Regional EDF $31,780.00 32260 CenturyLink $716.60 32261 Chacon Landscaping & $6,624.17 32262 Chase $300.94 32263 Chester's Harley-Davidson $253.41 32264 Cintas Corp. #466 $93.30 32265 City of Casa Grande $79.01 32266 City of Casa Grande $1,165.39 32267 City of Casa Grande $700.12 32268 City of Casa Grande $3,078.49 32269 Clark Security Products, Inc. $407.84 32270 Complete Aviation Fuel Systems $2,519.33 32271 Cooper Painting, Inc. $20,648.00 32272 Cornelius $250.00 32273 Counseling & Family Resources $555.00 32274 Crafco, Inc. $2,058.47 32275 Creative Communications $1,283.12 32276 Creative Labor Service $1,720.00 32277 Crescent Crown Dist. $207.90 32278 Critical Information Network, LLC $1,029.99 32279 Cybarworks, Inc. $2,400.00 32280 D&K Enterprises, LLC $6,200.00 32281 D&K Enterprises, LLC $3,980.00 32282 D&K Enterprises, LLC $3,980.00 32283 D&K Enterprises, LLC $3,980.00 32284 Desert Water & Ice $8.75 32285 DirecTV $86.99 32286 DS Waters of America, LP $154.60 32287 Dusty's Filter Service $87.37 32288 Electrical District #2 $1,781.97 32289 Empire Machinery Co. $3,075.52 32290 EPS Group, Inc. $947.50 32291 EUSI, LLC $21,207.50 32292 Eva's Fine Mexican Food $105.12
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Check Vendor Amount Thursday, September 29, 2011 32293 Federal Express Corp. $20.01 32294 Food City $14.26 32295 Fred's Bolts, Nuts & Service $474.90 32296 Freddy's Mobile Car Wash $25.00 32297 Fry's Customer Charges $42.23 32298 Garcia $63.00 32299 Golden Eagle Distributors, Inc. $1,005.80 32300 Goserco, Inc. $4,396.62 32301 Grainger, Inc. $670.68 32302 Grant $66.25 32303 Greater Phoenix Economic Council $150.00 32304 Green Manufacturing Co. $1,485.76 32305 Guerrero Landscaping & Maintenance $2,510.25 32306 Hannah $150.00 32307 Haydon Building Corp. $652.05 32308 Healthcare Medical Waste Services $158.76 32309 Hohokam Irrigation & Drainage Dist. $69.72 32310 Hunter Contracting Co. $128,014.07 32311 Hydrosystems Inc. $8,984.25 32312 Idville $455.66 32313 Industrial Hose Repair $199.42 32314 Integra Telecom, Inc. $5,241.65 32315 James, Cooke & Hobson, Inc $4,721.33 32316 Jewell $120.00 32317 John L. Bennett $200.00 32318 Johnstone Supply $140.13 32319 Kolve $150.00 32320 L&P Wire Tie $608.86 32321 Language Line Services $242.65 32322 Lawson Products, Inc. $175.47 32323 Lessor's Business Machines $160.69 32324 Little Sombrero $438.75 32325 Martinez $177.14 32326 MBT, Inc. $4,950.00 32327 Miller $40.00 32328 Molner $13.14
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Check Vendor Amount Thursday, September 29, 2011 32329 Morgan $150.00 32330 Motorola Solutions, Inc. $2,353.34 32331 Myers Tire Supply Co. $69.57 32332 Nat'l Band & Tag Co. $172.56 32333 Nationwide Gourmets $138.35 32334 NFPA $1,172.65 32335 Nolasco $160.00 32336 Office Depot $47.27 32337 Officemax Inc. $406.56 32338 Ortiz-Hernandez $671.34 32339 Palmer $250.00 32340 Paul's Window Cleaning $180.00 32341 Phoenix Highway Products, Inc. $3,785.06 32342 Pinon $18.25 32343 Powers $39.00 32344 Principal Financial $31,019.83 32345 Pro-Tec Mobile Communications $73.01 32346 R&B Supply Co. Inc. $194.95 32347 Riverside Manufacturing Co. $555.94 32348 Rockstroh's Downtown Body Shop $2,435.65 32349 SC Fuels $50,792.97 32350 Serck Services, Inc. $469.80 32351 Shamrock Foods Co. $166.62 32352 Sherwin-Williams Co. $185.40 32353 Sifuentes $210.77 32354 Slawson $34.50 32355 Small Animal Clinic $2,401.65 32356 Southwest Ambulance Inc. $2,720.28 32357 Southwest Gas Corp. $792.40 32358 Southwest Rubber & Supply Co. $2,617.77 32359 Star Towing Service $339.00 32360 Sun Devil Fire Equip. $176.86 32361 Sungard Public Sector $4,114.34 32362 Sysco Food Services of AZ $2,432.93 32363 The Active Network, Inc. $2,584.80 32364 Thompson Safe Lock & Key Inc. $232.31
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Check Vendor Amount Thursday, September 29, 2011 32365 Thyssenkrupp Elevator Corp. $2,748.22 32366 TNT Fireworks $150.00 32367 Top Speed Express Delivery Srv. $1,314.20 32368 Trane $555.00 32369 Trans West Analytical Services $1,559.20 32370 Transact Technologies, Inc. $113.52 32371 Transcend Broadband/Wavevision $46.20 32372 Tri-Valley Fire Equip. $71.32 32373 Trucks West of Phoenix, Inc. $257.84 32374 Turner $197.40 32375 Unisource Worldwide Inc. $328.99 32376 United Fire Equipment Co. $5,759.49 32377 Villescaz $120.00 32378 W.W. Williams $2,902.90 32379 Walmart Community BRC $2,569.92 32380 Waxie Sanitary Supply $1,465.90 32381 Wells $33.25 32382 West $38.00 32383 West Coast Equip. & Parts $5,414.93 32384 Worldpoint ECC, Inc. $37.90 32385 Zep Manufacturing Co. $713.42 32386 Casa Grande Valley Newspapers $154.00 32387 American Data Group Inc. $25,510.00
Total $572,775.41 Total 164
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AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion Public Hearing Other
Consider Special Event Liquor License
Applications for Palm Creek Golf & RV Resort
2011-2012 Events
RECOMMENDATION: It is recommended that Council authorize the City Clerk to forward
local approval to the Arizona State of Liquor Board for issuance of Special Event Liquor License, as requested by the Palm Creek Golf & RV Resort located at 1110 N. Henness Road, Casa Grande, AZ 85122. Their requests are as follows:
# Event Date Time 1. Golf Event Jazz Night 11/16/2011 3:30 p.m. to 8:30 p.m. 2. Welcome Home Party I 11/19/2011 10:30 a.m. to 4:30 p.m. 3. Golf Event “Old School Starts” Happy Hour 12/02/2011 3:30 p.m. to 8:30 p.m. 4. Welcome Home Party II 01/14/2012 10:30 a.m. to 4:30 p.m. 5. Golf Event Party with JJ Mix 01/27/2012 3:30 p.m. to 6:30 p.m. 6. Dinner & Dance with “MRE” 02/15/2012 4:00 p.m. to 9:00 p.m. 7. St. Patrick’s Day Party 03/17/2012 4:30 p.m. to 11:00 p.m. 8. End of Season Street Fair Party 03/24/2012 10:00 a.m. to 4:30 p.m. 9. CAC Jazz Concert & Patio Party 03/30/2012 3:00 p.m. to 10:00 p.m.
DISCUSSION: The Arizona State Board of Liquor License and Control assumes little
jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License. Almost exclusively the local governing body makes decisions regarding the issuance of such permits. This is the only type of liquor license that will not be issued without the approval of the local governing board.
FISCAL IMPACT: None. The City charges no fee for this type of license. A $25.00 per day
license is charged by the State.
ALTERNATIVES: Deny the Special Event Liquor License.
Prepared by: Recommended by Approved by:
Remy Miller
Gloria Leija
Jim Thompson
Deputy City Clerk City Clerk City Manager
Date Submitted: 9/2/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer
Reviewed by
City Attorney: Brett Wallace
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AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution
Ordinance
Formal Action/Motion
Public Hearing
Other
Consider the Request to Renew a Off-track
Wagering Permit to Conduct Wagering at
McMasher's Sports Bar, 1355 E. Florence
Boulevard, #139, to American Greyhound
Racing, Inc. at Phoenix Greyhound Park
RECOMMENDATION: It is recommended that Mayor and Council renew American Greyhound
Racing, Inc. at Phoenix Greyhound Racing Park, off-track wagering permit to conduct off-track
wagering at McMasher's Sports Bar, located at 1355 E. Florence Boulevard, #139, Casa Grande,
for one year.
DISCUSSION: As in previous years, Phoenix Greyhound Racing, Inc. at Phoenix Greyhound
Park has requested Council's approval to renew their off-track wagering permit. The Police
Department reports that McMasher's Sports Bar continues to be a business establishment in good
standing.
FISCAL IMPACT: None.
ALTERNATIVES: Deny the request and provide Staff alternative direction.
Prepared by: Recommended by: Approved by:
Remy Miller
Gloria Leija
Jim Thompson Deputy City Clerk City Clerk City Manager
Date Submitted: 9/9/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
G.2 - Packet Page #: 87 Item Page #: 1
G.2
Via Fax: (520) 421-8602
September 9, 2011
Ms. Gloria Leija, CMC
City of Casa Grande
510 E. Florence Boulevard
Casa Grande, AZ 85222
Re: McMasher’s 1355 East Florence #139, Casa Grande, AZ 85222
Dear Ms. Leija:
On behalf of American Greyhound Racing, Inc., we would like to request approval from
the Casa Grande City Council to conduct off-track wagering at the above site.
Our last approval was on October 22, 2010. We request that this issue be on the agenda
for the City Council meeting scheduled for Monday, October 3, 2011. Please confirm
this date, so that a representative of our off-track wagering operations can be present.
Also, please let us know if there are any documents you may need prior to the meeting.
Should you require any additional information concerning this request, please feel free to
contact us. Thank you.
Sincerely,
Daniel A. Luciano
General Manager
DAL/rck
G.2 - Packet Page #: 89 Item Page #: 3
G.2
AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion
Public Hearing Other
Consider a Special Event Liquor License
Application for Pinal County Veterans
Memorial Foundation, Fundraising Event
(Honor Veterans and Educate on War
Memorial)
RECOMMENDATION: It is recommended that Council authorize the City Clerk to forward
local approval to the State of Arizona Liquor Board for issuance of Special Event Liquor License, as requested by the Pinal County Veterans Memorial Foundation. Their request is in conjunction with their Fundraising Event (Honor Veterans and Educate on War Memorial) scheduled for November 5, 2011, 4:00 p.m. to 10:00 p.m. and December 11, 2011, 5:00 p.m. to 8:00 p.m. at Paramount Theater, 416 N. Florence Street, Casa Grande, Arizona.
DISCUSSION: The State of Arizona Board of Liquor License and Control assume little
jurisdiction and holds no formal hearings on the issuance of Special Event Liquor License. Almost exclusively the local governing body makes decisions regarding the issuance of such permits. This is the only type of liquor license, which will not be issued without the approval of the local governing board.
FISCAL IMPACT: None. The City charges no fee for this type of license. A $25.00 per day
license is charged by the State.
ALTERNATIVES: Deny the Special Event Liquor License.
Prepared by: Recommended by Approved by:
Remy Miller Gloria Leija Jim Thompson
Deputy City Clerk City Clerk City Manager
Date Submitted: 09/28/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer
Reviewed by
City Attorney: Brett Wallace
G.3 - Packet Page #: 91 Item Page #: 1
G.3
G.3 - Packet Page #: 93 Item Page #: 3
G.3
G.3 - Packet Page #: 94 Item Page #: 4
G.3
G.3 - Packet Page #: 95 Item Page #: 5
G.3
G.3 - Packet Page #: 96 Item Page #: 6
G.3
G.4 - Packet Page #: 97 Item Page #: 1
G.4
G.4 - Packet Page #: 98 Item Page #: 2
G.4
G.4 - Packet Page #: 99 Item Page #: 3
G.4
G.4 - Packet Page #: 100 Item Page #: 4
G.4
G.4 - Packet Page #: 101 Item Page #: 5
G.4
G.4 - Packet Page #: 102 Item Page #: 6
G.4
AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion Public Hearing Other
Request to purchase one (1) EZ-Pack 40 YD
Front Load Refuse Body for Solid Waste
Division at an amount not to exceed $98,504.29
from Norwood Equipment, Inc.
RECOMMENDATION:
Staff recommends the Mayor and City Council authorize the purchase of an EZ-Pack 40 yard refuse body purchased from Norwood Equipment, Inc. for an amount not to exceed $98,504.29. If approved, this Front Loader body will be fitted onto a 2012 Mack MRU 613 Chassis available for purchase in Phoenix via Arizona State Contract. The request for the purchase of the chassis will be submitted on a separate RCA.
DISCUSSION:
Staff is requesting authorization to purchase this Front Loader refuse body through the HGAC Houston Galveston Area Council consortium, (H-GAC) contract # RC08-10. Purchasing through the H-GAC pricing structure financially benefits the City of Casa Grande, and Norwood Equipment is a local vendor in Phoenix. EZ-Pack has agreed to waive the 2011 manufacturing increases in steel prices surcharge as a means to expedite the purchasing process at this time. This will result in a savings of $3,968 before taxes and the 1.5% H-GAC processing fee for the City Of Casa Grande. Staff has included the HGAC contract worksheet outlining: the base price; the published options; the unpublished options. The options include the following safety items: 4) L.E.D. Strobe lights on the tailgate; Roadway Display Sign Brackets; dual Camera system- 1) hopper camera, 1) rear tailgate camera. Also, there is a 36” storage toolbox included. The City Of Casa Grande has had very good results w/ EZ-Pack and is the preferred front load refuse body of choice among the operators. This Front Load body and chassis will be replacing vehicle #534; a 2002 Mack/EZ-Pack Front Loader w/ 151,000 miles. Unit #534 has met the criteria established by the City for vehicle replacement, and current repairs needed would exceed the value of the unit.
Date Submitted: 8/12/2011 Date Requested: 10/3/2011
I.1 - Packet Page #: 103 Item Page #: 1
I.1
FISCAL IMPACT:
Staff budgeted $265,000 for this vehicle in FY 11. These budgeted amounts are carry-forward funds for FY 12 due to the timing of this purchase. Total expense for both body and chassis if approved, will be $241,483.99. The vehicle removed from service, #534, will be sold at auction to recover as much revenue as possible.
ALTERNATIVES:
Deny request Bid purchase through City process Prepared by: Recommended by: Approved by:
David Standridge
Kevin Louis
Jim Thompson Fleet Services Supervisor Director of Public Works City Manager
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
I.1 - Packet Page #: 104 Item Page #: 2
I.1
ORDINANCE NO. ______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ACCEPTING A BID FROM NORWOOD EQUIPMENT, INC. FOR THE PURCHASE OF AN EZ-PACK 40-YARD FRONT LOAD REFUSE BODY TO BE FITTED ONTO A 2012 MACK MRU 613 CHASSIS; AUTHORIZING THE EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $98,504.29; AND AUTHORIZING EXECUTION OF A CONTRACT WITH, OR PURCHASE ORDER TO, NORWOOD EQUIPMENT, INC.
BE IT ORDAINED by the Council of the City of Casa Grande, Arizona, as follows: The Mayor and Council of the City of Casa Grande hereby authorize:
1. Accepting a bid from Norwood Equipment, Inc. for the purchase of an EZ-Pack 40-Yard Front Load Refuse Body to be fitted onto a 2012 Mack MRU 613 Chassis, which was identified as the lowest responsible bidder based on the City’s reliance on another governmental entity’s Request for Bids for the same item.
2. Expenditure of public funds in an amount not to exceed $98,504.29; and
3. Execution by the City Manager of an agreement with, or Purchase Order to,
Norwood Equipment, Inc., in accordance with the terms and conditions contained in a City’s Interlocal Contract for Cooperative Purchasing with the Houston-Galveston Area Council and the bid submitted by Norwood Equipment, Inc. (to be identified in City records as C.G. Contract No. __________).
PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande, Arizona, this _____ day of October, 2011.
________________________________ Mayor
ATTEST: APPROVED AS TO FORM: ____________________________ ________________________________ City Clerk, MMC City Attorney PW O-Norwood Equipment Inc for EZ-Pack 40 Yard Front Load Refuse Body 2
I.1 - Packet Page #: 105 Item Page #: 3
I.1
CITY OF CASA GRANDE EQUIPMENT QUOTE
DATE 7/18/2011 P. ORDER #
USER DEPT Sanitation Dept-420 ORDINANCE #
DEALER Norwood Equipment, Inc. SALESMAN Bill Olive
ADDRESS 2422 S 19th AvePhoenix, Arizona 85009
PHONE 602-254-0644 FAX: 602-253-0164
602-284-0234 Cell
HGAC Contract # RC08-10
HGAC Product Code: AB03
TYPE OF EQUIPMENT EZ-PACK FRONT LOADER 40 YD BASE PRICE: $79,348.00
COLOR EXT White
Qty Price Each
OPTIONS: Published Peterson Smart Strobes on Tailgate 4 $205.75 823.00$
90122.87H. Total Purchase Price (E+F+G): Delivery Date:
36" Tool Box
Pre Delivery
2 Camera System (1 Hopper, 1 Tailgate)
Roadway Display Sign Brackets
Description Description
Subtotal From Additional Sheet(s):
Subtotal From Additional Sheet(s):
Quantity Ordered:
Description Description
For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).
D. Other Cost Items Not Itemized Above (e.g. Installation, Freight, Delivery, Etc.)
Freight In
F. H-GAC Fee Calculation (From Current Fee Tables)
E. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C+D)
G. Trade-Ins / Other Allowances / Special Discounts
X Subtotal of A + B + C + D:
Description Description
C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary.
(Note: Unpublished options are items which were not submitted and priced in Contractor's bid.)
I.1 - Packet Page #: 110 Item Page #: 8
I.1
Contract
No.:
Date
Prepared:
Buying
Agency:Contractor:
Contact
Person:
Prepared
By:
Phone: Phone:
Fax: Fax:
Email: Email:
Quan Unit Pr Total
0
0
0
0
0
0
0
0
CONTRACT PRICING WORKSHEETFor Catalog & Price Sheet Type Purchases
General Description
of Product:
This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GAC.
The H-GAC administrative fee shall be calculated and shown as a separate line item. Please type or print legibly.
A. Catalog / Price Sheet Items being purchased. (Additional sheets attached if necessary.)
Catalog / Price Sheet
Name:
Description
0
0
0
0
0
0
0
Quan Unit Pr Total
0
0
0
0
0
#DIV/0!
0
0Delivery Date: H. Total Purchase Price (A+B+C+D):
B. Unpublished Option, Accessory or Service items. (Additional sheet(s) attached if necessary.)
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Subtotal B:
Total From Other Sheets, If Any:
D. Other Allowances And/Or Special Discounts.
Description
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit
Price plus Published Options (A+B).For this transaction the percentage is:
Subtotal D:
C. H-GAC Fee Calculation (From Current Fee Tables).
Total From Other Sheets, If Any:
Subtotal A:
0Delivery Date: H. Total Purchase Price (A+B+C+D): I.1 - Packet Page #: 111 Item Page #: 9
I.1
From: "Bill Olive" <[email protected]> To: "'David Standridge'" <[email protected]> Date: 8/2/2011 10:03 AM Subject: RE: Explanation of "pre-delivery" fee Pre Delivery Charges are charges incurred after Body has been shipped and received from EZ Pack. The charges are as follows: Pre Delivery Inspection as required by EZ Pack to initiate the warranty. This includes Pressure checks on hydraulic system, electrical and air system inspections, Fit and Finish checks etc Cost $620 Install Sign Brackets and Tool Box and Cameras Cost $$800 Fuel To Delivery To Casa Grande $110 Detail For Delivery (Wash etc.) $90 Total Pre Delivery Cost $1620 All Charges Are Permitted Under Section D of HGAC Contract Bill Olive Account Manager Norwood Equipment of Phoenix Office: 602-254-0644 Ext: 1571 Cell: 602-284-0234 Fax: 602-253-0164 [email protected] www.norwoodeq.com From: David Standridge [mailto:[email protected]] Sent: Tuesday, August 02, 2011 8:50 AM To: Bill Olive Subject: Explanation of "pre-delivery" fee Bill, For documentation reasons, can you break-down the exact explanation of the "Pre-delivery" on the EZ-Pack Body fee for our legal department? I will then forward the information to our city attorney for processing. If you
I.1 - Packet Page #: 113 Item Page #: 11
I.1
also have the location on the H-GAC contract of where it is permitted, that would expedite matters on my end greatly. I really appreciate the help Bill. Thank you for your time, Dave Standridge Fleet Services Supervisor City of Casa Grande Phone (520) 421-8615 x4600 Cell (520) 520-1702 Fax (520) 836-5910
AD02 Kann: CoCollector Series 35-Yd: Refuse-Recycler,
Two Compartment Front Loader
Kann Mfg $94,683.00
AD03 Kann: Route King Series 36-Yd: Front Loader Kann Mfg $71,500.00
AD04 Kann: Route King Series 41-Yd: Front Loader Kann Mfg $72,500.00
AE01 McNeilus: Pacific Series 36-Yd: Light Body, Full Eject
Front Loader
McNeilus $75,059.00
AE02 McNeilus: Pacific Series 40-Yd: Light Body, Full Eject
Front Loader
McNeilus $76,081.00
AE03 McNeilus: Pacific Series 43-Yd: Light Body, Full Eject
Front Loader
McNeilus $77,683.00
AE04 McNeilus: Pacific Series 45-Yd: Light Body, Full Eject
Front Loader
McNeilus $81,683.00
AE05 McNeilus: Atlantic Series 3629: 24-Yd Heavy Duty,
Full Eject Front Loader
McNeilus $79,621.00
AE06 McNeilus: Atlantic Series 4029: 28-Yd Heavy Duty
Full Eject Front Loader
McNeilus $81,121.00
AE07 McNeilus: Atlantic Series 4329: 31-Yd Heavy Duty
Full Eject Front Loader
McNeilus $83,946.00
AE08 McNeilus: Atlantic Series 4529: 33-Yd Heavy Duty
Full Eject Front Loader
McNeilus $86,746.00
AF01 New Way: Mammoth Series 34: 34-Yd Heavy Duty
Front Loader
Scranton Mfg / New
Way
$72,405.00
AF02 New Way: Mammoth Series 40: 40-Yd Heavy Duty
Front Loader
Scranton Mfg / New
Way
$73,482.00
AF03 New Way: Western Series 34FL: 34-Yd Light Body,
High Compaction Front Loader
Scranton Mfg / New
Way
$69,641.00
AF04 New Way: Western Series 37FL: 37-Yd Light Body,
High Compaction Front Loader
Scranton Mfg / New
Way
$70,157.00
AF05 New Way: Western Series 40FL: 40-Yd Light Body,
High Compaction Front Loader
Scranton Mfg / New
Way
$70,673.00
AF06 New Way: Western Series 43FL: 43-Yd Light Body,
High Compaction Front Loader
Scranton Mfg / New
Way
$70,998.00
AG01 Pak-Mor: FPE830C: 30-Yd Heavy Duty Front Loader Pak-Mor $72,630.00
AG02 Pak-Mor: FPE835C: 35-Yd Heavy Duty Front Loader Pak-Mor $73,620.00
AG03 Pak-Mor: FPE840C: 40-Yd Heavy Duty Front Loader Pak-Mor $74,610.00
AH01 Wittke: Starlight Series 32-Yd Front Loader Equipment
Southwest
$81,225.00
AH02 Wittke: Starlight Series 34-Yd Front Loader Equipment
Southwest
$81,905.00
AH03 Wittke: Starlight Series 36-Yd Front Loader Equipment
Southwest
$82,585.00
AH04 Wittke: Starlight Series 40-Yd Front Loader Equipment
Southwest
$83,235.00
AH05 Wittke: Starlight Series 40-Yd Front Loader, Long
Body
Equipment
Southwest
$85,113.00
AH06 Wittke: Starlight Series 42-Yd Front Loader Equipment
Southwest
$85,793.00
AH07 Wittke: Starlight Series 44-Yd Front Loader Equipment
Southwest
$86,453.00
AH08 Wittke: SuperDuty Series 38-Yd: Heavy Duty Front
Loader
Equipment
Southwest
$86,270.00
AH09 Wittke: SuperDuty Series 40-Yd: Heavy Duty Front
Loader, Long Body
Equipment
Southwest
$88,950.00
AH10 Wittke: SuperDuty Series 40 Yd: Heavy Duty Front
Loader
Equipment
Southwest
$86,980.00
AH11 Wittke: SuperDuty Series 42-Yd: Heavy Duty Front
Loader
Equipment
Southwest
$89,660.00
AH12 Wittke: SuperDuty Series 44-Yd: Heavy Duty Front
Loader
Equipment
Southwest
$90,371.00
Click here for Email
Mac Corporation Stephen Detrick (P): 800-447-5205 (F): 317-545-8760 Click here for Email
McNeilus Financial, Inc. Tracy Stillman (P): 972-225-2313 (F): 972-225-7077 Click here for Email
Norwood Equipment Gina Naylor (P): 281-743-4254 (F): 281-955-8118 Click here for Email
Pak-Mor, LTD Ben Hund (P): 830-303-7256 (F): 830-303-3648 Click here for Email
Roll-Offs USA, Inc. Neal Eckstrom (P): 800-468-6826 (F): 253-736-8183 Click here for Email
Scranton Mfg. Co., Inc. Phil Allen (P): 800-831-1858 (F): 712-652-3399 Click here for Email
Southwestern Equipment Company Sheldon Ellis (P): 800-886-7938 (F): 936-439-0708 Click here for Email
Texan Waste Equipment, Inc. dba Heil of Texas John Davis (P): 713-923-7600 (F): 713-923-5522 Click here for Email
Wastequip, Inc. Olivia Ramirez (P): 800-242-0122 (F): 361-358-0418 Click here for Email
Page 2 of 24Refuse Handling Equipment :: HGACBuy
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BRAND AND BASE UNIT MODEL DESCRIPTION CONTRACTOR BASE UNIT
PRICE
BB01 E-Z Pack: Apollo A-300C: 16-Yd, Mid-Range Rear
Loader
E-Z Pack $49,671.00
BB02 E-Z Pack: Apollo A-300C: 18-Yd, Mid-Range Rear
Loader
E-Z Pack $49,986.00
BB03 E-Z Pack: Apollo A-300C: 20-Yd, Mid-Range Rear
Loader
E-Z Pack $50,071.00
BB04 E-Z Pack: Apollo A-300C: 25-Yd, Mid-Range Rear
Loader
E-Z Pack $51,063.00
BB05 E-Z Pack: Goliath G-300C: 18-Yd, High Compaction
Rear Loader
E-Z Pack $50,974.00
BB06 E-Z Pack: Goliath G-300C: 20-Yd, High Compaction
Rear Loader
E-Z Pack $51,175.00
BB07 E-Z Pack: Goliath G-300C: 25-Yd, High Compaction
Rear Loader
E-Z Pack $52,039.00
BB08 E-Z Pack: Goliath G-300C: 31-Yd, High Compaction
Rear Loader
E-Z Pack $53,923.00
BB09 E-Z Pack: Goliath G-370C: 20-Yd, Heavy Duty, High
Compaction Rear Loader
E-Z Pack $55,218.00
BB10 E-Z Pack: Goliath G-370C: 25-Yd, Heavy Duty, High
Compaction Rear Loader
E-Z Pack $56,501.00
BB11 E-Z Pack: Goliath G-370C: 31-Yd, Heavy Duty, High
Compaction Rear Loader
E-Z Pack $61,009.00
BC01 G&H: R-9020-01: Standard 20-Yd, Rear Loader Roll Offs USA $77,600.00
BC02 G&H: R-9025-01: Standard 25-Yd, Rear Loader Roll Offs USA $85,360.00
BC03 G&H: R-9030-01: Standard 30-Yd, Rear Loader Roll Offs USA $88,548.00
BD01 Heil: Formula 4000 Series 13-Yd: Non-CDL Class,
Low Compact Rear Loader
Heil of Texas $38,086.00
BD02 Heil: Formula 4000 Series 11-Yd: Low Compact Rear
Loader Heil of Texas $37,458.00
BD03 Heil: Formula 4000 Series 16-Yd: Low Compact Rear
Loader
Heil of Texas $38,774.00
BD04 Heil: Formula 4000 Series 18-Yd: Low Compact Rear
Loader
Heil of Texas $39,439.00
BD05 Heil: Formula 4000 Series 20-Yd: Low Compact Rear
Loader
Heil of Texas $40,750.00
BD06 Heil: Formula 4000 Series 25-Yd: Low Compact Rear
Loader
Heil of Texas $43,225.00
BD07 Heil: PT-1000 Series 18-Yd: Mid Compact Rear
Loader
Heil of Texas $41,904.00
BD08 Heil: PT-1000 Series 20-Yd: Mid Compact Rear
Loader
Heil of Texas $43,225.00
BD09 Heil: PT-1000 Series 25-Yd: Mid Compact Rear
Loader
Heil of Texas $45,699.00
BD10 Heil: Formula 5000 Series 18-Yd: High Compact Rear
Loader Heil of Texas $47,310.00
BD11 Heil: Formula 5000 Series 20-Yd: High Compact Rear
Loader Heil of Texas $48,517.00
BD12 Heil: Formula 5000 Series 25-Yd: High Compact Rear
Loader Heil of Texas $50,920.00
BD13 Heil: Formula 5000 Series 27-Yd: High Compact Rear
Loader Heil of Texas $52,117.00
BD14 Heil: Formula 5000 Series 32-Yd: High Compact Rear
Loader Heil of Texas $54,354.00
BD15 Heil: PT Commercial Series 25-Yd: High Compact
Rear Loader
Heil of Texas $57,784.00
BD16 Heil: PT Commercial Series 27-Yd: High Compact
Rear Loader
Heil of Texas $59,005.00
BD17 Heil: PT Commercial Series 32-Yd: High Compact
Rear Loader
Heil of Texas $61,261.00
BE01 Kann: Packmaster 20-Yd Kann Mfg $49,750.00
BE02 Kann: Packmaster 25-Yd Kann Mfg $52,795.00
Page 3 of 24Refuse Handling Equipment :: HGACBuy
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BI34 Pak-Mor: R334B: 34-Yd, Commercial High Pak-Mor $48,270.00
Page 5 of 24Refuse Handling Equipment :: HGACBuy
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two-compartment, split body; multi-purpose, full eject;
dual bucket; 3-axle configuration.
GSP Marketing $98,776.00
CF01 Heil: Rapid Rail Series 16-Yd: Mid Compact Auto Side
Loader
Heil of Texas $85,619.00
CF02 Heil: Rapid Rail Series 20-Yd: Mid Compact Auto Side
Loader
Heil of Texas $87,205.00
CF03 Heil: Rapid Rail Series 22-Yd: Mid Compact Auto Side
Loader
Heil of Texas $88,003.00
CF04 Heil: Rapid Rail Series 24-Yd: Mid Compact Auto Side
Loader
Heil of Texas $88,801.00
CF05 Heil: Rapid Rail Series 26-Yd: Mid Compact Auto Side
Loader
Heil of Texas $89,604.00
CF06 Heil: Rapid Rail Series 30-Yd: Mid Compact Auto Side
Loader
Heil of Texas $91,190.00
CF07 Heil: Rapid Rail Series 32-Yd: Mid Compact Auto Side Heil of Texas $92,938.00
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CF08 Heil: CP Python Series 16-Yd: Mid Compact Auto Side
Loader
Heil of Texas $84,094.00
CF09 Heil: CP Python Series 20-Yd: Mid Compact Auto Side
Loader Heil of Texas $85,619.00
CF10 Heil: CP Python Series 22-Yd: Mid Compact Auto Side
Loader Heil of Texas $86,516.00
CF11 Heil: CP Python Series 24-Yd: Mid Compact Auto Side
Loader Heil of Texas $87,314.00
CF12 Heil: CP Python Series 28-Yd: Mid Compact Auto Side
Loader Heil of Texas $88,131.00
CF13 Heil: CP Python Series 30-Yd: Mid Compact Auto Side
Loader Heil of Texas $89,742.00
CF14 Heil: CP Python Series 32-Yd: Mid Compact Auto Side
Loader
Heil of Texas $90,554.00
CF15 Heil: Retriever Series 6-Yd: Manual Side Loader, rear
loader transfer system
Heil of Texas $37,045.00
CF16 Heil: Retriever Series 10-Yd: Manual Side Loader, rear
loader transfer system
Heil of Texas $41,180.00
CG01 Kann: SL Series 31-Yd: Tilt-to-Dump / Dual Side
Loading Side Loader
Kann Mfg $69,436.00
CG02 Kann: SLC Series 31-Yd: Commercial Side-Loader,
Tilt-to-Dump
Kann Mfg $89,669.00
CG03 Kann: Full Eject Series 21-Yd Side Loader, 2-
Compartment, Single Side Loading
Kann Mfg $86,968.00
CG04 Kann: Full Eject Series 30-Yd Side Loader, 2-
Compartment, Single Side Loading
Kann Mfg $88,891.00
CG05 Kann: Full Eject Series 15-Yd Side Loader (SLEL) Kann Mfg $53,298.00
CG06 Kann: Full Eject Series 20-Yd Side Loader (SLEL) Kann Mfg $58,627.00
CG07 Kann: Full Eject Series 21-Yd Side Loader Single Side
Loading (SLES)
Kann Mfg $78,288.00
CG08 Kann: Full Eject Series 30-Yd Side Loader Single Side
Loading (SLES)
Kann Mfg $79,652.00
CG09 Kann: Full Eject Series 21-Yd Side Loader Dual Side
Loading (SLED)Kann Mfg $82,551.00
CG10 Kann: Full Eject Series 30-Yd Side Loader Dual Side
Loading (SLED)
Kann Mfg $83,952.00
CH01 Labrie: Automizer Right Hand Series 15-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 2-Axle Configuration
Equipment Southwest $95,588.00
CH02 Labrie: Automizer Right Hand Series 17-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 2-Axle Configuration
Equipment Southwest $96,034.00
CH03 Labrie: Automizer Right Hand Series 20-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 2-Axle Configuration
Equipment Southwest $98,404.00
CH04 Labrie: Automizer Right Hand Series 22-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 2-Axle Configuration
Equipment Southwest $99,034.00
CH05 Labrie: Automizer Right Hand Series 27-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach 3-Axle Configuration
Equipment Southwest $99,734.00
CH06 Labrie: Automizer Right Hand Series 29-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 3-Axle Configuration
Equipment Southwest $100,373.00
CH07 Labrie: Automizer Right Hand Series 31-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 3-Axle Configuration
Equipment Southwest $100,993.00
CH08 Labrie: Automizer Right Hand Series, 33-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 3-Axle Configuration
Equipment Southwest $101,612.00
CH09 Labrie: Automizer Right Hand Series, 35-Yd: Straight-
Frame Automated Side Loader, 144" zero swing arm
reach, 3-Axle Configuration
Equipment Southwest $102,231.00
CH10 Labrie: Automizer Right Hand Series, 37-Yd: Straight- Equipment Southwest $102,840.00
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CH11 Labrie: Expert 2000 Series 15-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 2-Axle configuration
Equipment Southwest $76,430.00
CH12 Labrie: Expert 2000 Series 17-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 2-Axle configuration
Equipment Southwest $77,130.00
CH13 Labrie: Expert 2000 Series 20-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 2-Axle configuration
Equipment Southwest $79,505.00
CH14 Labrie: Expert 2000 Series 22-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 2-Axle configuration
Equipment Southwest $80,185.00
CH15 Labrie: Expert 2000 Series 24-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 2-Axle configuration
Equipment Southwest $80,875.00
CH16 Labrie: Expert 2000 Series 27-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $83,103.00
CH17 Labrie: Expert 2000 Series 29-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $83,788.00
CH18 Labrie: Expert 2000 Series 31-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $84,489.00
CH19 Labrie: Expert 2000 Series 33-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $85,331.00
CH20 Labrie: Expert 2000 Series 35-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $86,181.00
CH21 Labrie: Expert 2000 Series 37-Yd: Drop-Frame Semi-
Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $87,036.00
CH22 Labrie: Expert 2000 Series 31+0 Yd: Flat Tailgate,
Drop-Frame Semi-Auto/Auto Side Loader, 3-Axle
configuration
Equipment Southwest $84,489.00
CH23 Labrie: Expert 2000 Series 31+2 Yd: Drop-Frame
Semi-Auto/Auto Side Loader, 3-Axle configuration
Equipment Southwest $85,331.00
CH24 Labrie: Expert 2000 Series 27-Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $148,596.00
CH25 Labrie: Expert 2000 Series 29-Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $149,276.00
CH26 Labrie: Expert 2000 Series 31-Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $149,966.00
CH27 Labrie: Expert 2000 Series 33-Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $150,900.00
CH28 Labrie: Expert 2000 Series 35Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $151,661.00
CH29 Labrie: Expert 2000 Series 37-Yd: Drop-Frame Side
Loader, dual automated arm, 3-Axle configuration
Equipment Southwest $152,524.00
CH30 Labrie: Expert 2000-Comingle Series 17-Yd: Drop-
Frame Semi-AutoSide Loader, 2-Axle configuration
Equipment Southwest $92,639.00
CH31 Labrie: Expert 2000-Comingle Series 22-Yd: Drop-
Frame Semi-Auto Side Loader, 2-Axle configuration
Equipment Southwest $96,324.00
CH33 Labrie: Expert 2000-Comingle Series 24-Yd: Drop-
Frame Semi-Auto Side Loader, 2-Axle configuration
Equipment Southwest $97,176.00
CH34 Labrie: Expert 2000-Comingle Series 29-Yd: Drop-
Frame Semi-Auto Side Loader, 3-Axle configuration
Equipment Southwest $99,247.00
CH35 Labrie: Expert 2000-Comingle Series 31-Yd: Drop-
Frame Semi-Auto Side Loader, 3-Axle configuration
Equipment Southwest $100,089.00
CH36 Labrie: Expert 2000-Comingle Series 33-Yd: Drop-
Frame Semi-Auto Side Loader, 3-Axle configuration
Equipment Southwest $100,942.00
CH37 Labrie: Expert 2000-Comingle Series 35-Yd: Drop-
Frame Semi-Auto Side Loader, 3-Axle configuration
Equipment Southwest $101,784.00
CH38 Labrie: Expert 2000-Comingle Series 37-Yd: Drop-
Frame Semi-Auto Side Loader, 3-Axle configuration
Equipment Southwest $102,647.00
CI01 McNeilus: StreetForce 20: 20-Yd Automated Side
Loader
McNeilus $77,471.00
CI02 McNeilus: StreetForce 22: 22-Yd Automated Side
Loader
McNeilus $78,791.00
CI03 McNeilus: StreetForce 26: 26-Yd Automated Side
Loader
McNeilus $80,391.00
CI04 McNeilus: Z-Rad Series: 22-Yd, Automated Side McNeilus $88,779.00
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CL05 Southwestern Truck: Champion Series 32-Yd: High Heil of Texas; $76,500.00
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style, full eject, 29 yd. split body, bucket style side loader;
dual buckets, 3-axle configuration.
GSP Marketing $96,222.00
DE01 Kann: Trough Loader: 4-Container Including Plastics
Compactor Trough Side Dump Recycler; Containers 5.0 Yd -
10.2 Yd.
Kann Mfg $60,150.00
DE02 Kann: Trough Loader 4-Container Trough Side Dump
Recycler; Containers 5.0 Yd. - 10.2 Yd.
Kann Mfg $53,884.00
DE03 Kann: Versa-Haul: 20' Multiple Compartment Aluminum Hard
Top End Dump Recycle Body
Kann Mfg $29,042.00
DE04 Kann: Side Dump: 5-Container Including Plastics Compactor Kann Mfg $51,274.00
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EG06 Serco: Model 270: Solid Waste / Tree Service Grapple: Heil of Texas $75,000.00
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Controls, Rear Bumper, Rear Manual Hold Down Winches &
Integral Rear Roller, LED Lights, Fenders
Hi-Tech Truck
Rigging
$20,966.00
FC06 Palfinger: Model HAS-100-84-36 hooklift: 10,000 lb. Capacity, 36"
Hook Height, Single Pivot Low Dump, Dual Lift Cylinders, Outside
& Inside Controls, Sliding Jib, Bumper, LED Lights, Fenders (10'
to 12' Container Lengths; 84" CA Required)
Hi-Tech Truck
Rigging
$16,093.00
FC07 Palfinger: Model HAS-100-108-36 hooklift: 10,000 lb. Capacity,
36" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders (11' to 13' Container Lengths; 108" CA Required)
Hi-Tech Truck
Rigging
$16,093.00
FC08 Palfinger: Model HAS-100-84-F550 hooklift: 10,000 lb. Capacity,
36" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders (10' to 12' Container Lengths; 84" CA Required)
Hi-Tech Truck
Rigging
$16,189.00
FC09 Palfinger: Model HAS-150-108-36 hooklift: 15,000 lb. Capacity,
36" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders (12' to 14' Container Lengths; 108" to 120" CA Required)
Hi-Tech Truck
Rigging
$16,513.00
FC10 Palfinger: Model HAS-204-120-36 hooklift: 20,000 lb. Capacity,
36" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders (12' to 14' Container Lengths; 108" to 120" CA Required)
Hi-Tech Truck
Rigging
$17,339.00
FC11 Palfinger: Model HAS-200-130-54 hooklift: 20,000 lb. Capacity,
54" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders (14' to 16' Container Lengths; 120" to 130" CA Required)
Hi-Tech Truck
Rigging
$18,273.00
FC12 Palfinger Hooklift: Model HAS-200-140-54, 20,000 lb. Capacity,
54" Hook Height, Single Pivot Low Dump, Dual Lift Cylinders,
Outside & Inside Controls, Sliding Jib, Bumper, LED Lights,
Fenders, 14' to 16' Container Lengths. 130" to 140" CA Required
Hi-Tech Truck
Rigging
$18,273.00
FC13 Palfinger: Model HAD-129-84-36 hooklift: 12,000 lb. Capacity, 36"
Hook Height, Dual Pivot High Dump, Dual Lift Cylinders, Outside
& Inside Controls, Floating/Sliding Jib, Bumper, LED Lights,
Fenders (10' to 12' Container Lengths; 84" CA Required)
Hi-Tech Truck
Rigging
$19,854.00
FC14 Palfinger: Model HAD-129-108-36 hooklift, 12,000 lb. Capacity,
36" Hook Height, Dual Pivot High Dump, Dual Lift Cylinders,
Outside & Inside Controls, Floating/Sliding Jib, Bumper, LED
Lights, Fenders, (11' to 13' Container Lengths; 108" CA Required)
Hi-Tech Truck
Rigging
$19,854.00
FC15 Palfinger: Model HAD-185-120-36 hooklift: 18,500 lb. Capacity,
36" Hook Height, Dual Pivot High Dump, Dual Lift Cylinders,
Outside & Inside Controls, Floating/Sliding Jib, Bumper, LED
Lights, Fenders (12' to 14' Container Lengths; 108" to 120" CA
Required)
Hi-Tech Truck
Rigging
$19,944.00
FC16 Palfinger: Model HAD-185-120-54 hooklift: 18,500 lb. Capacity,
54" Hook Height, Dual Pivot High Dump, Dual Lift Cylinders,
Hi-Tech Truck
Rigging
$20,537.00
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Manual Hold Down Winches & Integral Rear Roller, LED Lights,
Fenders
Hi-Tech Truck
Rigging
$26,142.00
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tandem axle capability; 75000# lift capability; 52-degree dump
angle; Length: 23' 3"
East Tx Mack /
B&C Body
$19,988.00
HGAC PRODUCT
CODE
BRAND AND BASE UNIT MODEL DESCRIPTION CONTRACTOR BASE UNIT
PRICE
GA01 Roll-Offs USA: COMP Series 20-Yd Rectangle Roll Off: 3/16" Floor; 24"
on Center Crossmembers; 12-ga Walls
Roll Off USA $3,500.00
GA02 Roll-Offs USA: COMP Series 30-Yd Rectangle Roll Off: 3/16" Floor; 24"
on Center Crossmembers; 12-ga Walls
Roll Off USA $3,850.00
GA03 Roll-Offs USA: COMP Series 40-Yd Rectangle Roll Off: 3/16" Floor; 24"
on Center Crossmembers; 12-ga Walls
Roll Off USA $4,390.00
GA04 Roll-Offs USA: STD Series 20-Yd Rectangle Roll Off: 3/16" Floor; 16"
on Center Crossmembers; 12-ga Walls
Roll Off USA $3,750.00
GA05 Roll-Offs USA: STD Series 30-Yd Rectangle Roll Off: 3/16" Floor; 16"
on Center Crossmembers; 12-ga Walls
Roll Off USA $4,050.00
GA06 Roll-Offs USA: STD Series 40-Yd Rectangle Roll Off: 3/16" Floor; 16"
on Center Crossmembers; 12-ga Walls
Roll Off USA $4,675.00
GA07 Roll-Offs USA: HD Series 20-Yd Rectangle Roll Off: 1/4" Floor; 16" on
Center Crossmembers; 10-ga Walls
Roll Off USA $4,100.00
GA08 Roll-Offs USA: HD Series 30-Yd Rectangle Roll Off: 1/4" Floor; 16" on Roll Off USA $4,600.00
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HC01 Mac Corp: Mac 200: 2 Cu. Yd. Stationary Compactor Mac Corp $9,275.00
HC02 Mac Corp: Mac 300: 3 Cu. Yd. Stationary Compactor Mac Corp $10,875.00
HC03 Mac Corp: Mac 400: 4 Cu. Yd. Stationary Compactor Mac Corp $13,550.00
HC04 Mac Corp: SCS1826: 26 Cu.Yd. Self-Contained Compactor Mac Corp $14,010.00
HC05 Mac Corp: SCS2030: 30 Cu.Yd. Self-Contained Compactor Mac Corp $14,725.00
HC06 Mac Corp: SCS2234: 34 Cu. Yd. Self-Contained Compactor Mac Corp $15,100.00
HC07 Mac Corp: SCS2439: 39 Cu. Yd Self-Contained Compactor Mac Corp $16,120.00
HD01 Roll-Offs USA: SCC 10-Yd Self Contained Compactor Roll Off USA $12,900.00
HD02 Roll-Offs USA: SCC 15-Yd Self Contained Compactor Roll Off USA $13,200.00
HD03 Roll-Offs USA: SCC 25-Yd Self Contained Compactor Roll Off USA $14,246.00
HD04 Roll-Offs USA: SCC 30-Yd Self Contained Compactor Roll Off USA $14,690.00
HD05 Roll-Offs USA: SCC 35-Yd Self Contained Compactor Roll Off USA $15,400.00
HD06 Roll-Offs USA: SC Series 2- Yd Stationary Compactor Roll Off USA $8,800.00
HD07 Roll-Offs USA: SC Series 3-Yd Stationary Compactor Roll Off USA $12,150.00
HD08 Roll-Offs USA: SC Series 4-Yd Stationary Compactor Roll Off USA $14,000.00
HD09 Roll-Offs USA: SC Series 5-Yd Stationary Compactor Roll Off USA $20,300.00
HD10 Roll-Offs USA: SC Series 6-Yd Stationary Compactor Roll Off USA $24,600.00
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CFM with 330 micron particulate level; roll-over tarp assembly;
splash guard; and 15' scraper -- solid waste/sludge application.
Aqua-Zyme $37,047.00
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INVITATION NO.: HT11-09 ISSUE DATE: December 1, 2009
CATEGORY: Medium and Heavy Trucks & Truck Bodies
PURPOSE OF THIS INVITATION
The Cooperative Purchasing Program (HGACBuy) of the Houston-Galveston Area Council of Governments is soliciting offerings for the furnishing of products/services as described herein. These products/services may be purchased by any of more than 2,000 member local governments, districts, agencies in 37 states across the nation.
Responses must be submitted in an original and one (1) copy, and shall be subject to the terms, conditions, requirements and specifications detailed in the documents comprising this Invitation. Responses are scheduled to be opened publicly at H-GAC offices on the date indicated. For Bid Invitations, responses will be available for public review until 4:00 p.m. CT that day, and on subsequent days by appointment only. Any Responses submitted later than 1:00 p.m. on the due date will be returned unopened to the bidder/proposer.
PROCUREMENT SCHEDULE & DETAILS
DRAFT SPECIFICATION / INVITATION: May 27, 2009
PRE-BID/PROPOSAL CONFERENCE: June 23, 2009
FINAL SPECIFICATION / INVITATION ISSUANCE: December 1, 2009
SECTION B - Product/Service Specific Requirements & Specifications (Final)
SECTION C - HGACBuy Forms (Final)
SECTION D - Pro-Forma (Sample) Contract
This procurement conforms to government requirements for Competitive Procurement.
I.1 - Packet Page #: 151 Item Page #: 49
I.1
NOTE: FAILURE TO SUBMIT BID RESPONSES ON OR PRIOR TO THE 1:00 CUTOFF
TIME, OR WITHOUT THE REQUIRED SEALED BID FORMAT, WILL RESULT IN
RESPONSE BEING DEEMED AS NON-COMPLIANT.
LABELING OF SEALED RESPONSE PACKAGE
IMPORTANT:
You must affix an identifying label to the outside of your Sealed Response Package to
ensure proper identification and log-in at HGACBuy offices on receipt. HGACBuy is not
responsible for any response that might be lost or misdirected due to improper or unclear
labeling. Your label should look as follows and should be affixed conspicuously to the
package.
H-GAC Cooperative Purchasing
Sealed Bid/Proposal No. HT11-09
DO NOT OPEN IN MAIL ROOM
Responses by E-mail or FAX will not be acceptable. Hard copies, as described herein, plus
appropriate electronic media are required.
NOTICE REGARDING NATIONWIDE SALES POTENTIAL
HGACBuy is conducting this procurement with the objective of establishing one or more blanket type contracts for use by our Members. Because our Members are located not only in Texas, but throughout the country, we strongly urge you to participate in the process at the corporate level. If you do not sell direct, your dealer network may still service customers while you handle the administrative functions of providing quotes, accepting purchase orders, and collecting payments. If this is not feasible, we will work with you to subsequently assign your contract to your dealers as necessary to service customers. Whatever approach you choose to take, there is considerable potential sales value because HGACBuy is being used not only in the State of Texas, but NATIONWIDE. This means that HGACBuy contractors will have a special advantage available to them in promoting sales to government agencies throughout the country… the ability to sell products without the need for the buyer to duplicate the competitive bidding process and expend the associated staff time and taxpayer dollars. We believe an HGACBuy contract would enhance your competitive position in the government marketplace, and are eager to work with you to promote the best interests of our participating local governments and qualifying non-profit organizations. We look forward to your participation in our process. Please contact the HGACBuy staff member listed on the cover of this Invitation for additional information.
I.1 - Packet Page #: 152 Item Page #: 50
I.1
Revised: 11/17/09 Page 1 of 19
SECTION A
GENERAL TERMS & CONDITIONS FOR BIDS AND PROPOSALS
INVITATION NO. HT11-09
DESCRIPTION: Medium and Heavy Trucks & Truck Bodies
TABLE OF CONTENTS
1. INTRODUCTION ................................................................................................................................................ 2 2. DEFINITIONS, ABBREVIATIONS & ACRONYMS ........................................................................................ 2 3. NON-BINDING ORAL COMMENTS ................................................................................................................ 4 4. STRUCTURE OF RESPONSE ............................................................................................................................ 4 5. BASIC REQUIREMENTS & CONDITIONS ...................................................................................................... 4 6. OFFEROR'S AUTHORIZED SIGNATORY ....................................................................................................... 5 7. SURETY FOR INSURANCE .............................................................................................................................. 5 8. CONFIDENTIAL / PROPRIETARY MATERIALS ........................................................................................... 6 9. REFERENCES ..................................................................................................................................................... 6 10. INSURANCE ................................................................................................................................................... 6 11. OFFEROR CERTIFICATIONS ....................................................................................................................... 6 12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION.............................................. 7 13. NON-RESIDENT RECIPROCAL SALES ACT ............................................................................................. 7 14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING ............................................................ 8 15. INTENT AND SCOPE OF SPECIFICATIONS .............................................................................................. 8 16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS ......................................................................... 8 17. PRODUCT CODES ......................................................................................................................................... 8 18. SPECIFIC DESCRIPTIVE REFERENCES ..................................................................................................... 9 19. MANUALS ...................................................................................................................................................... 9 20. STANDARD FEATURES & OPTIONS ......................................................................................................... 9 21. WARRANTIES, SALES & SERVICE .......................................................................................................... 10 22. H-GAC ORDER PROCESSING CHARGE .................................................................................................. 10 23. PRE-PAYMENTS AND DISCOUNTS ......................................................................................................... 10 24. INSPECTION / TESTING ............................................................................................................................. 11 25. PRODUCT DELIVERY ................................................................................................................................ 11 26. OFFERED PRODUCT ITEM VARIANCES ................................................................................................ 11 27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE ......................................................................... 11 28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS ............................................................... 13 29. INCONSISTENT INFORMATION ............................................................................................................... 13 30. REJECTION OF RESPONSES ...................................................................................................................... 13 31. WITHDRAWAL OR MODIFICATION OF RESPONSES .......................................................................... 13 32. RESPONSE EVALUATION ......................................................................................................................... 14 33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD ................................................................ 14 34. AWARD OF CONTRACT ............................................................................................................................ 14 35. PRO-FORMA CONTRACT .......................................................................................................................... 14 36. CONTRACT TERM ...................................................................................................................................... 14 37. PERFORMANCE & PAYMENT BOND ...................................................................................................... 14
I.1 - Packet Page #: 153 Item Page #: 51
I.1
Revised: 11/17/09 Page 2 of 19
38. CHANGE ORDERS ....................................................................................................................................... 15 39. DUPLICATION OF TERMS OR STATEMENTS ........................................................................................ 15 40. PUBLICITY ................................................................................................................................................... 15 41. TAXES ........................................................................................................................................................... 15 42. DRUG FREE WORKPLACE ........................................................................................................................ 15 43. PRODUCT NOTICES & MAILINGS ........................................................................................................... 15 44. HANDLING OF ORDERS & PAYMENTS .................................................................................................. 15 45. PRICE CHANGES ......................................................................................................................................... 16 46. CONTRACT ITEM CHANGES .................................................................................................................... 17 47. FORCE MAJEURE ........................................................................................................................................ 17 48. PERFORMANCE UNDER CONTRACT ..................................................................................................... 17 49. IMPLEMENTATION OF INTERNET BASED E-COMMERCE ................................................................ 18 50. CONTRACTOR ORIENTATION/TRAINING ............................................................................................. 18 51. LEGAL & CONTRACTUAL REMEDIES ................................................................................................... 18 52. NATIONWIDE SALES OPPORTUNITIES .................................................................................................. 19
1. INTRODUCTION
The Houston-Galveston Area Council (H-GAC) is a "Government-to-Government" procurement service for States, State Agencies, Local Governments, Districts, Authorities, and qualifying Not-for-Profit Corporations (End Users). End Users become Members of the H-GAC Cooperative Purchasing Program (HGACBuy) by executing an Interlocal Contract, which is free of cost and evergreen unless cancelled. HGACBuy, acting on behalf of Members, is soliciting competitive offerings for the furnishing of products and/or services, as described elsewhere, which MAY be purchased by Members during the contract term. Members using the Program issue purchase orders directly to HGACBuy contractors.
2. DEFINITIONS, ABBREVIATIONS & ACRONYMS
The following definitions, abbreviations and acronyms may be found in these specifications, and shall be interpreted herein as specified below.
Definitions and Abbreviations:
Acceptance. Acceptance takes place when the End User agrees with the Contractor that the terms and conditions of the contract have been met and verified. Acceptance is not the same as Receipt, and can only occur after intact shipping, inspection by End User, and any onsite testing that has been stipulated as part of the order
Aggregate/Single Occurrence. The term "aggregate" in insurance terms is the sum of all claims against a specific policy for a specific loss incident. The term "single occurrence" differentiates between multiple claims and single claims against a specific policy. The inherent value of a policy's aggregate value is less important to an End User than is the value of a single claim as stated under "single occurrence."
Approved. Acceptable to the "authority having jurisdiction."
ARO. “After Receipt of Order”. Used in conjunction with a defined time period (usually days or weeks) to establish the delivery or lead time pursuant to any individual purchase transaction. In the case of orders for bodies which will be mounted on a customer furnished cab/chassis, the term ARO shall be construed to mean “After Receipt Of Cab/Chassis”.
Authority Having Jurisdiction. The authority shall be either H-GAC or the relevant End User based on the requirements as stated in each specification item. Unless specifically stated, the authority shall be H-GAC.
Bidder. Any entity that submits a competitive bid to this Invitation. (See also "Offeror")
Change Order. Request by an End User for a change in the composition of an already submitted purchase order, for example to change quantity ordered, add or delete items, etc.
Contract. Specifically, a contract between H-GAC and a successful Offeror which is executed based on an award made pursuant this Invitation.
I.1 - Packet Page #: 154 Item Page #: 52
I.1
Revised: 11/17/09 Page 3 of 19
Contract Pricing Worksheet. The standard H-GAC form to by used by Contractor in preparing a quotation to an End User, upon which End User's purchase order will be based. Contractor may use another quotation form provided it contains required information, and only if approved by H-GAC.
Contractor. The contracted business entity responsible for fulfilling a contract executed pursuant to this Invitation.
Dealer/Distributor. A duly authorized and/or franchised business entity which sells and services a manufacturer’s product in a specified marketing area.
Defect. A discontinuity in a part or a failure to function that interferes with the service or reliability for which the part was intended.
Electronic Media. As used herein, means computer based media such as 100mb Zip Disk, CDRom, e-mail, e-mail attachment, file downloaded from the web, etc.
End User. (See "Participant" and “Member”)
Listed. Equipment or materials included in a list published by an organization, acceptable to the "Authority Having Jurisdiction" and concerned with product evaluation, that conducts periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or materials meet appropriate standards or has been tested and found suitable for use in a specified manner. NOTE: The means for identifying listed equipment may vary for each organization concerned with product evaluation, some of which do not recognize equipment as listed unless it is also labeled. The "authority having jurisdiction" should utilize the system employed by the listing organization to identify a listed product.
Manufacturer. The person or persons, company firm, corporation, partnership, or other organization responsible for taking raw materials or components and making a finished product.
May. A term indicating a permissive use or an acceptable alternative to a specified requirement.
Member. An authorized Participant in the Program. (See "Participant" and “End User”)
Motor Vehicle. The meaning of this term shall be based on the legal definition ascribed to it by the laws and/or regulations of the state in which any specific sale made pursuant to a Contract takes place.
Must. A term indicating a mandatory requirement.
Offer or Offering. Any product or service offered in reply to this Invitation.
Offeror. Any entity that submits a competitive bid or proposal in response to this Invitation. Bidder or Proposer.
Participant. Generally, any qualifying governmental or non-profit entity which has executed an Interlocal Contract for cooperative purchasing services with H-GAC.
Product Liability Insurance. Failure of Components and/or assembled equipment resulting in personal injury, disability or death and/or property damage is covered under the product liability insurance provisions.
Product or Product Item. Any of the specific goods, materials, equipment or service(s) specified in this Invitation. This term encompasses the base line item itself, and any and all accessories, options, modifications, ancillary services, assembly, testing, etc. that may be included in the delivered Product.
Proposer. Any entity that submits a competitive proposal in response to this Invitation. (See also "Offeror")
Purchaser. The End User having responsibility for the specification, requisition, ordering and acceptance of the Product or Service. (See also "End User")
Purchasing Authority. The agency that has sole responsibility and authority for negotiating, placing and, if necessary, modifying any solicitation, purchase order, or other award issued by a governing body [H-GAC].
Quotation. See "Contract Pricing Worksheet".
Receipt. Receipt takes place when a Product or Service is delivered to an End User and a document is executed that establishes that the Product is now in the possession of the End User or that the Service has been completed. Receipt DOES NOT connote or imply Acceptance.
Response. All or part of any offering submitted in response to this Invitation.
Shall. A term indicating a mandatory requirement or action.
Should. A term indicating a recommended or advised response to a specified requirement.
Vendor. A manufacturer's representative or dealer authorized to make sales and supply parts and service.
Acronyms:
ANSI = American National Standards Institute
ASTM = American Society for Testing and Materials
ASME = American Society of Mechanical Engineers
CFR = U.S. Code of Federal Regulations
DOJ = U.S. Department Of Justice
DOT = U.S. Department Of Transportation
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EPA = U.S. Environmental Protection Agency
FAA = Federal Aviation Administration
FMVSS = U.S. Federal Motor Vehicle Safety Standards
H-GAC = Houston-Galveston Area Council of Governments
IEEE = Institute of Electrical and Electronics Engineers
MVD = Motor Vehicle Division of Texas Department of Transportation
NFPA = National Fire Protection Association
NHTSA = National Highway Traffic Safety Administration
NIOSH = National Institute For Occupational Safety And Health
NIST = National Institute of Standards and Technology
NTEA = National Truck Equipment Association
OSHA = U.S. Occupational Safety and Health Administration
RRC = Railroad Commission of Texas
SAE = Society of Automotive Engineers
TBPC = Texas Building and Procurement Commission (formerly GSC)
TxDOT = Texas Department Of Transportation
UL = Underwriter's Laboratories Inc.
VTCS = Vernon's Texas Civil Statutes
3. NON-BINDING ORAL COMMENTS
No oral comment, utterance or response made by any employee, member, or agent of H-GAC or any Member of the Cooperative Purchasing Program shall be considered factual or binding with regard to this Invitation, or any contract awarded as a result of this Invitation. Valid and binding terms, conditions, provisions, changes or clarifications, or requests thereof, shall ONLY be communicated written form.
4. STRUCTURE OF RESPONSE
Depending on the Product or Service, market structures and sales practices can differ substantially. For example, dealers may sell into any market or may be restricted to certain territories, manufacturers may sell direct or may be limited by law to selling thru independent dealerships, etc. H-GAC’s objective is to ensure that End Users, no matter where located, can buy contracted products/services and receive quality and timely service and support, while at the same time allowing for the most appropriate and effective response to this Invitation. Therefore, responses to this Invitation will be accepted in conformance with the following scenarios and requirements:
A. Single Respondent Acting Alone Or As "Lead" For A Group:
Offeror shall complete and sign a Form A and, if contracted, shall be solely responsible for all contractual requirements including administration, processing of purchase orders and handling of payments for transactions which may involve other dealers who actually deliver the products or services.
B. Multiple Respondents Acting Jointly:
A single Response shall be submitted, and each party to the Response shall complete and sign a separate Form
A to be included in the single Response. If the Response is successful each party shall sign a separate contract with H-GAC and shall be responsible for compliance with all terms and conditions. Only those which have executed a written contract with H-GAC may process purchase orders and payments.
In any event, Offeror may be a party to one, and only one, response.
5. BASIC REQUIREMENTS & CONDITIONS
a. The final requirements and specifications contained herein may be different, perhaps materially, from those in the “Invitation To Attend Pre-Bid / Pre-Proposal Conference”, if any. It is Offeror’s sole responsibility to thoroughly examine and review all documentation associated with this Invitation, including any Addendums, and to insure that any response submitted complies in every respect with all requirements.
b. Any Addendum to this Invitation which may be required prior to the Response due date will be delivered to those prospective Offerors of record who have previously obtained a copy of this Invitation from H-GAC. Prospective Offerors shall be responsible for obtaining all documents relating to submission of a Response.
c. Offeror shall thoroughly examine any drawings, specifications, schedules, instructions and any other documents, supplied as a part of this Invitation, and is solely responsible for understanding and compliance.
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d. H-GAC shall not be liable for Offeror's incomplete documentation, or for any costs associated with preparation and submission of any Response hereto. Additionally, all components of any Response become the property of H-GAC, and shall be considered to be in the public domain.
e. Offeror shall make all investigations necessary to become thoroughly informed regarding any plan and/or infrastructure that may be required to support delivery of any Product or Service covered by this Invitation. No plea of ignorance by Offeror stemming from failure to investigate conditions that may now or hereafter exist, shall be accepted as a basis for varying H-GAC's requirements, or Offeror's/Contractor's obligations or entitlements.
f. Requests for changes to the requirements or specifications herein must be in writing (e-mail, fax, letter) and must be received by H-GAC no later than fifteen (15) calendar days prior to the Response Due Date. H-GAC will review such requests, but may or may not make changes at its sole discretion. Changes, if any, will only be made by written Addendum sent to addressees of record. In any event, it is Offeror's sole responsibility to insure that any and all Addendums which may have been issued have been received and addressed.
g. By submission of a response, Offeror expressly understands and agrees that all terms and conditions herein will be part of any subsequent contract that is executed pursuant to this Invitation.
h. Offeror is advised that all H-GAC contracts are subject to the legal requirements established in any applicable Local, State or Federal statute.
i. Offeror/Contractor must be in compliance with all licensing, permitting, registration and other applicable legal or regulatory requirements imposed by any governmental authority having jurisdiction. It is Offeror/Contractor’s responsibility to insure that this requirement is met, and to supply to H-GAC upon request, copies of any license, permit or other documentation bearing on such compliance.
j. Unless otherwise established elsewhere in this Invitation, NO minimum purchase quantities or spending levels are provided or guaranteed by H-GAC or any End User.
k. This Invitation is not meant to restrict competition, but rather is intended to allow for a wide range of responses.
l. Responses which are 'qualified' with conditional clauses or alterations of or exceptions to any of the terms and conditions in this Invitation may be deemed non-compliant at H-GAC's sole discretion.
m. The term ‘Offeror’, or derivative thereof, shall become synonymous with ‘Contractor’ for any successful Offeror recommended for a contract pursuant to this Invitation.
n. H-GAC reserves the right to:
• Reject any and all offers received in response to this Invitation.
• Reject any part of an offer received in response to this Invitation.
• Determine the correct price and/or terminology in the event of any discrepancies in any response.
• Accept a response from, and enter into agreement with, other than the lowest price Offeror.
• Accept responses and award contracts to as many or as few Offerors as H-GAC may select.
• Amend, waive, modify, or withdraw (in part or in whole) this Invitation, or any requirements herein.
• Hold discussions with Offerors, although award may be made without discussion.
• Request an Offeror to give a presentation of the Response at a time and place scheduled by H-GAC.
• Exercise any of these rights at any time without liability to any Offeror.
o. H-GAC reserves the right to determine that conditions exist which prevent the public opening of responses on the date and at the time advertised, and to reschedule the public opening for a future date and time. Responses received by H-GAC by the original deadline will be secured unopened until the rescheduled opening date and time, and those having timely submitted such responses will be notified.
6. OFFEROR'S AUTHORIZED SIGNATORY
The signatory shall be authorized to sign and contractually bind Offeror, and shall sign any and all Response documentation requiring a signature.
7. SURETY FOR INSURANCE
Contractor shall be responsible for using a surety company properly licensed by any and all states in which Contractor will do business with Participants. The surety company shall not expose itself to any loss on any one risk in an amount exceeding ten percent (10%) of its surplus to policy holders, provided any risk or portion of any risk shall have been reinsured, and such reinsurance shall be deducted in determining the limitation of risk applicable to H-GAC's insurance requirements.
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8. CONFIDENTIAL / PROPRIETARY MATERIALS
All documentation submitted as part of Offeror's response to this Invitation will be considered to be in the public domain and may be made available to Members and others, after contract award, upon properly submitted request. If Offeror submits documents marked “confidential” or “proprietary”, the Response may be deemed non-compliant.
9. REFERENCES
a. Offeror shall list the names of at least five government agencies within the continental United States which have purchased from Offeror products or services similar to those covered by this Invitation, within the last two years. H-GAC reserves the right to determine if such products or services are appropriately similar.
b. Offeror may provide reference information in whatever format desired, but each should include the following specific information:
• Agency name
• Contact person name
• Address
• Phone & Fax numbers
• Description of product(s) or service(s) and date sold
c. Other information, including criticism however learned, may be used by H-GAC in evaluation of responses.
10. INSURANCE
a. Unless otherwise stipulated in Section B, Offeror/Contractor must have the following insurance and coverage minimums:
General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit.
Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B – Product Specific of this Invitation.
Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as part of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to this Invitation, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Offeror/Contractor as the insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Offeror/Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party.
e. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
11. OFFEROR CERTIFICATIONS
Offeror, by submission of a Response hereto, makes the following certifications under penalty of perjury and
possible contract termination if any of these certifications are found to be false.
Non-Collusive Response
a. The prices in the Response have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or potential competitor.
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b. The prices which have been quoted in the Response (unless otherwise required by law), have not been knowingly disclosed by Offeror and will not be knowingly disclosed by Offeror prior to the public response opening, either directly or indirectly, to any other Offeror or competitor.
c. No attempt has been made or will be made by Offeror to induce any other person, partnership or corporation to submit or not to submit a response for the purpose of restricting competition.
Non-Biased Specifications
This Invitation contains no requirements considered to be unduly biased in favor of Offeror or any other Offerors that may be competing for this procurement.
No Financial Interest or Other Conflict
a. No H-GAC officer, employee, Board of Directors member or member of any H-GAC board or commission, nor family member of any such person, has a financial interest, direct or indirect, in Offeror or in any contract Offeror might enter into with H-GAC.
b. No economic or employment opportunity, gift, loan, gratuity, special discount, trip, favor or service has been, or will be, offered or given to any officer, employee, Board of Directors member, or member of any H-GAC board or commission, nor to any family member of any such person.
Debarment and Suspension Status
a. Offeror is not currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any government agency, nor is Offeror an agent of any person or entity that is currently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transaction by any government agency.
b. Offeror has not within a three year period preceding this Invitation been convicted of or had a civil suit judgement renedered against Offeror for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property.
c. Offeror is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated above.
d. Offeror has not, within a three year period preceding this Invitation, had any government (federal, state, or local) transactions terminated for cause or default.
Insurance Coverages
Offeror has and will maintain insurance coverage in accordance with the requirements of this Invitation.
Licensing & Permits
Offeror(s) has (have) all licenses and/or permits, required by any and all governmental entities having jurisdiction, to legally sell the products/services offered.
12. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) PARTICIPATION
a. To satisfy Texas' statutory requirements [Government Code, Chapter 2161, Subchapter D], H-GAC requires all Offerors to supply information in any bid/proposal response listing (1) the total number of subcontracts and (2) the total number of HUB contracts applicable to the Products or Services offered in the response. Local governments often require this information for their own reporting requirements prior to placing orders through the H-GAC Cooperative Purchasing Program.
b. Offeror must complete Form B and include subcontracts with HUB’s that provide any materials or services related to sales that may be made thru H-GAC’s Cooperative Purchasing Program.
13. NON-RESIDENT RECIPROCAL SALES ACT
As required by Texas Civil Statutes in the award of contracts, an offeror which is not a Texas resident business must determine if its state of residence prohibits award of government contracts to Texas resident offerors without penalty. If Offeror’s resident state DOES penalize Texas offerors, Offeror must provide this information along with a copy of its applicable resident state's statute in the Response.
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14. TEXAS MOTOR VEHICLE COMMISSION CODE & LICENSING
Sales of motor vehicles in the State of Texas are subject to the Texas Motor Vehicle Commission Code. If this Invitation includes any motor vehicle to be sold in the State of Texas, Offeror certifies by submission of a response hereto that all required Texas Motor Vehicle Commission licenses are in place and current, and that copies of all such licenses have been submitted with the Response. Further, it shall be Contractor's responsibility to keep current all required Texas Motor Vehicle Commission licensing during the term of the contract, and to furnish license copies at any time on request by H-GAC. If Contractor does not maintain current licensing, H-GAC reserves the right to immediately terminate the contract.
NOTE: In accordance with the Texas Motor Vehicle Commission Code, contracts for motor vehicles to be sold within the state of Texas may be made ONLY with properly licensed Texas Motor Vehicle Dealers. Therefore, to be considered for a contract covering Texas End Users, the Response must include a Form A from a licensed Texas Motor Vehicle Dealer
15. INTENT AND SCOPE OF SPECIFICATIONS
a. The intent of the specifications herein is to provide Offeror with sufficient information concerning the Products/Services to be contracted such that Offeror can prepare and submit an acceptable Response.
b. The specifications may be detailed or general in nature with regard to any particular Product/Service. Where not otherwise specified, details of construction, materials, or the way in which services will be provided, are left to the discretion of the Offeror, provided only that any offering shall conform, as a minimum, to best Industry standards and practices and to what is currently being sold in the marketplace.
c. Responses shall be considered only from Offerors that have established good reputations in their markets, and who furnish satisfactory evidence of ability to supply the Products/Services specified herein.
d. Offeror shall show proof of ability to provide to End Users prompt and competent service, including parts if applicable, for all Products/Services covered by this Invitation, by proper completion of a Service Organization Document as described elsewhere herein.
16. REQUIREMENTS APPLICABLE TO PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must, unless otherwise stipulated in Section B:
a. Be new, unused, and not refurbished.
b. Not be a prototype insofar as the general design, operation and performance. This requirement is NOT meant to preclude Offeror from offering new models or configurations which incorporate improvements in a current design or add functionality, but which in such new model or configuration may be new to the marketplace.
c. Include any and all accessories which may or may not be specifically mentioned herein, but which are normally furnished or which are necessary to make a delivered Product ready for its intended use. Such accessories shall be assembled, installed and adjusted such that the Product is ready for continuous operation at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a particular Product as may be purchased simultaneously by any individual End User.
a. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
b. Be available for inspection at any time prior to or after procurement.
17. PRODUCT CODES
Unless otherwise addressed in Section B of this Invitation, the following requirements shall apply:
a. Each Product/Service offered shall be uniquely identified using an H-GAC Product Code, which shall be determined as described in Section B of this Invitation. Offeror shall offer ONLY ONE Product for any particular Product Code. For example, Offeror may wish to submit a bid for Product Code ABC and may have another offering that also meets the requirements for ABC. Offeror MAY NOT submit two offerings for ABC. The alternate offering that also meets the requirements for ABC must be offered as an option "upgrade/downgrade" to ABC on Form E.
b. Pricing for optional upgrades or downgrades to base bid items should be quoted as an “adder” or “deduct” amount as appropriate, to be applied to the offered price of the base Product Item listed on Form D.
c. Base bid items and their associated HGACBuy Product Codes are included in the Section B and/or on Form D.
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d. Selection of Product Codes for which to submit an offer is at Offeror’s sole discretion.
18. SPECIFIC DESCRIPTIVE REFERENCES
Except for Base Product Items listed on Form D, any reference to a specific catalog, data sheet, form, brochure, model name or number, etc. used herein to describe an item such as an option or accessory is only descriptive and is not to be considered restrictive unless otherwise noted. Such references are normally used only to indicate a type, general description, level of quality and/or required performance standards.
19. MANUALS
Unless otherwise specified or superceded herein, each Product delivered under an H-GAC contract, and if applicable any options thereto, shall be supplied with at least one (1) copy of a safety and operating manual. The cost of any such manuals must be included in the base price for any Product Item offered hereunder. If more detailed and technically orientated parts and maintenance manuals are available for a Product or option, at a cost, they shall be offered as options on the FORM designated herein for such options, or elsewhere in the Response as may be directed herein.
20. STANDARD FEATURES & OPTIONS
The following requirements are applicable primarily to physical goods.
Standard Features
a. The stated minimum requirements for all Products listed herein include what H-GAC considers to be “standard” features. Even though such features might normally be offered as options rather than as standard, they are nonetheless considered to be standard in this Invitation, and must be included in the base price for any Product offered. Such features SHOULD NOT be offered as options except as deducts for their omission from the base Product.
b. If it is unclear in the Response that an H-GAC standard feature is included in the base price, it will be assumed that such is the case. If awarded a contract Offeror will be expected to sell the Product with all H-GAC specified standard features included in the base price.
c. Any feature or accessory normally offered by manufacturer as "standard" shall be considered a standard feature and shall be included in the base price of any offering, even though not specifically listed as a requirement in H-GAC’s specifications. Such features SHOULD NOT be offered as options except as deducts for their omission from the base Product.
Options - General
a. Options are considered to be any features or accessories, other than H-GAC's and Manufacturer's "standard" features or accessories.
b. Options should be offered on the FORMS designated for quoting options. Each option should be listed and described on a separate line, and should include any Manufacturer's/Dealer's code number. If no Manufacturer's/Dealer's code number exists, Offeror should create one.
c. Prices for all offered options shall be assumed to include any installation or mounting required to make it a fully functional component of the Product, unless otherwise stated in Offeror's response.
Required Options
a. Product specifications in this Invitation may include H-GAC "Required Options". If so, Offeror must quote a price for ALL such options, and, if there is an H-GAC Option Code provided in this Invitation for such options, it MUST be used as part of the description.
b. For any specific "Required Option", Offeror may quote an equivalent so long as its design and performance are as good as, or better than, the specified option item. Responses which do not include pricing for Required Options may be considered non-compliant.
Other Options
a. "Suggested" or "Other" options may be listed for any particular Product in this Invitation, and Offeror is encouraged to quote pricing for such options. The extent of offered options in any response may be taken into consideration as part of the award criteria, at H-GAC's sole discretion.
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b. Offeror is encouraged to include options for non-equipment items that may be applicable to a sale, such as: Extended Warranties, Maintenance Agreements, Buy-back or Trade-In Agreements, Out-of-state Delivery Charges, Quantity or Special Discounts, Extended Training Classes, etc.
Published & Unpublished Options
a. H-GAC Cooperative Purchasing Program (Program) contracts are awarded through a public competitive bid or proposal (RFP) process. Further to that process, Program policy considers an 'option' listed and priced in a bid or RFP Response: (1) To be a "Published Option"; (2) To be part of any awarded contract; and (3) To be available for purchase by Program members separately and independently from associated base line items. However, since Published Options may have not been subjected to the same scrutiny as the associated base line items, it cannot be concluded they were directly competed. Therefore, pursuant to Local Government Code 252.021(a), purchase of a published option costing more than $50,000 shall not be allowed. Furthermore, H-GAC reserves the right at its sole discretion to disallow purchase of any Published Option through the Program if deemed contrary to the intent of the law.
b. Any option that has not been listed and priced in the Response is considered to be an “Unpublished Option”. Unpublished Options may be sold, but only in connection with the sale of a base Product Item, and only insofar as the total cost of all Unpublished Options remains below twenty five percent (25%) of the total summed cost of the base Product(s) plus any Published Options.
c. No Published or Unpublished Option may be sold which essentially converts a Product such that it competes with a Product Item awarded to another contractor.
21. WARRANTIES, SALES & SERVICE
Unless otherwise addressed in Section B, the following requirements shall apply: a. Offeror must be a properly franchised dealer authorized to sell and service, including warranty service, all
products offered and sold in response to the bid invitation or under any H-GAC contract. b. Offeror shall provide detailed Parts and Labor Warranty information with the Response. If Offeror submits a
warranty with the Response which does not meet the minimum requirements herein, Offeror agrees by submission of a Response that such warranty shall be considered to be amended to meet those minimums.
c. Warranties shall be manufacturer's standard and shall be inclusive of any other warranty requirements which may be stipulated elsewhere herein.
d. Any warranties offered by a dealer shall be in addition to the manufacturer’s standard warranty, and shall not be a substitute for such. Offeror's base price for any Product shall be inclusive of the standard warranty.
e. Complete warranty information will be supplied to End User with each Product sold. a. Warranties need not apply to normal maintenance service or adjustments, or to any product reasonably shown to
have been repaired or altered in any way so as to affect its stability, or to any product which has been subject to misuse, negligence, or accident.
f. Offeror/Contractor is encouraged to offer extended warranties as an option. g. Neither H-GAC nor End User assume any warranty or liability on Contractor’s behalf unless made or
assumed in writing, initiated by Contractor, and agreed to in writing by H-GAC or the End User respectively. h. Contractor shall be responsible for the execution and effectiveness of all product warranty, and shall be the
sole source for solution to problems arising from warranty claims. Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
22. H-GAC ORDER PROCESSING CHARGE
H-GAC will levy an Order Processing Charge on Contractor for each sale done thru the H-GAC contract, with the
exception of orders for motor vehicles. Any bid pricing submitted will be considered to include the Charge. The amount of the applicable charge shall be per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge shall be levied on and paid by the End User.
23. PRE-PAYMENTS AND DISCOUNTS
a. Progress, pre-payment and special discounts of any kind may be offered and detailed in the Response. Such discounts shall be clearly explained, but shall not be a determining factor in awarding contracts except in the case of tie offerings.
b. Quantity discounts applicable to similar Products sold to one or more End User Departments may be offered. Determination as to product similarity shall rest solely with Contractor.
c. For specific purchases, any proposed quantity, pre-payment or special discounts shall be clearly shown on the Contract Pricing Worksheet.
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24. INSPECTION / TESTING
All Products sold pursuant to this Invitation shall be subject to inspection/testing by or at the direction of H-GAC and/or the ordering End User, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Invitation, and unless otherwise agreed in advance, the cost of any inspection and/or testing, shall be borne by the Contractor.
25. PRODUCT DELIVERY
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Responsibility and liability for loss and/or damage pass to End User at the delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Prepaid & Add”.
b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and add, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User.
c. The estimated delivery time after receipt of order (ARO), inclusive of Saturdays, Sundays and holidays, for all Products offered must be stated in the Response. Actual delivery for any particular order must be confirmed with End User at time of order placement, and must be stated clearly on the Contract Pricing Worksheet.
d. Contractor shall be responsible for delivery and Acceptance according to the requirements of the Contract and the Purchase Order.
e. Contractor shall advise End User prior to making any shipment/delivery, and shall make such shipment/delivery in accordance with End User's requirements, providing only that such arrangements do not contravene any requirement of the H-GAC contract unless agreed to by Contractor.
f. The execution of all required tests, certifications and/or licensing, and costs thereof, shall be the responsibility of Contractor. Upon request by End User or H-GAC, Contractor shall provide any documentation or certification related to such tests, certifications or licensing.
26. OFFERED PRODUCT ITEM VARIANCES
Any variance in the specifications or performance of Products offered pursuant to this Invitation shall be acceptable to H-GAC only insofar as it MEETS or EXCEEDS the specifications and requirements of this Invitation.
27. REQUIREMENTS FOR SUBMISSION OF A RESPONSE
Unless otherwise addressed in Section B, the following requirements shall apply:
a. Responses shall be submitted in two complete printed sets including an Original and one (1) Copy in separate "hard side" three-ring binders. The outer spine of each binder shall be labeled showing this Invitation No., Offeror Name, and either "Original" or "Copy", as applicable. The Original printed response will be considered to be the binding Response in case of any conflicts between printed copies and electronic copies. Except for required forms, H-GAC Invitation documents should not be included in the Response.
b. The Original and the Copy shall be submitted complete, except that the Electronic Media should be submitted only with the Copy.
c. All required H-GAC FORMS and documents shall be properly completed, without exception or Offeror’s Response may be deemed non-compliant. Offeror may not modify the format of any H-GAC FORM in any way. Offeror may photocopy or print blank FORMS as needed. Information submitted on the printed copies of the FORMS may not be handwritten except for signatures and initials. It is Offeror's responsibility to insure that printed FORMS are clear and legible. Handwritten and illegible entries may be rejected. Offeror's printed, stamped or typed name shall appear on every FORM submitted in the Response.
d. The entire response submission shall also be submitted on electronic media, including all required H-GAC FORMS. Offeror is strongly advised to make and work with copies of the original electronic FORMS. The originals can then be used to make additional electronic or printed copies of the blank FORMS. Signatures are not required on the electronic FORMS.
e. The Response shall include ample written evidence, in the form of technical specifications, cut/tear sheets, brochures, pictures, drawings, etc., to demonstrate that all specifications herein have been met and/or exceeded.
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f. The Response shall include, in any format desired, an overview of the Service Organization which will support Products sold under any H-GAC contract. The overview must include facility locations, phone numbers and Service Manager names, as well as the following:
- The procedure to be used by an End User requiring repairs. - Typical turn-around time on repairs. - Service Department days and hours of operation. - Number of qualified / factory trained service personnel normally on hand. - Description of the parts inventory on hand. - Training services, facilities and personnel available.
g. Responses shall be enclosed in a sealed package(s) addressed to the Houston-Galveston Area Council, Cooperative Purchasing. The following information shall be stated on the exterior of the package(s):
• Name and address of Offeror.
• Date and hour of public response opening.
• Bid/Proposal Invitation number.
• The statement: "SEALED BID/PROPOSAL, DO NOT OPEN IN MAIL ROOM".
H-GAC shall not be responsible for any Response not properly labeled.
h. Submission of a COMPLETE Response by telegraphic or electronic transmission is not acceptable. However, Responses may be modified by telegraphic or electronic notice if such notice is received prior to the deadline for submission.
i. Samples, when required, shall be submitted within the time specified and at no expense to H-GAC. If not destroyed or consumed during testing, samples will be returned upon request at Offeror's expense.
j. Offeror shall provide firm contract pricing for all Products and Options being offered.
k. If applicable, responses shall include copies of all current licensing which may be required by the Texas Motor Vehicle Division for execution of sales pursuant to any contract with H-GAC.
l. Due to the complexity of responses and to aid in evaluation, the Response should contain ALL required information in tabbed sections as detailed below. Omission of any required FORM or information will be sufficient grounds for H-GAC to consider your response to be non-compliant. NOTE – Items in the Fourth Section should be supplied ONLY in the Original.
First Section:
• Form(s) A – Offeror Identification & Signatory: Identifies the offering party(ies), and should be completed by each party to the Response. If awarded, a contract will be executed with each.
• Form B – Historically Underutilized Business Enterprises: Used to collect information about disadvantaged and minority suppliers and subcontractors, and to commit Offeror to working with Participants toward their program goals.
• Form C – Response Checklist: Certification, and also an aid, to insure that all required information has been included in your Response.
• References, formatted as described elsewhere herein.
• Service Organization Document, formatted as described elsewhere herein.
Second Section:
• Form D – Offered Items Pricing: For Bids, contains the list of the Product Items covered by this Invitation. Select the items offered and fill in the price for each. (For RFPs, follow the instructions in Section B as this Form may or may not be used.)
• Form E – Published Options: Used to list and price all offered options. List, each on a separate line, all upgrades, downgrades, optional equipment, features, accessories and services which you desire to sell thru the H-GAC contract, if awarded. Published catalogs/price sheets may be listed, along with the discount structure that will apply. (For RFPs, follow the instructions in Section B as this Form may or may not be used.)
Third Section:
• Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly list and show all the standard features and capabilities of each Product Item offered on Form D.
• Warranty Documentation, as described elsewhere herein, for all items offered.
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Fourth Section:
• Copies of any applicable Texas MVD Licenses.
• Electronic Media, containing the complete response including all required FORMS, stored in a pouch or an envelope such that it will not fall out of the binder. (Required in 'Copy' only, not in 'Original'.)
• Form CIQ – Conflict Of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires vendors and consultants contracting or seeking to contract with H-GAC to file a Conflict of Interest Questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire is located at the Texas Ethics Commission website: http://www.ethics.state.tx.us/whatsnew/conflict_forms.htm. It is Bidder's responsibility to download the form and furnish a completed copy with the Response, if it is applicable.
m. By submittal of Response, Offeror certifies to the best of its knowledge that all information is true and correct.
28. CLARIFICATION TO SPECIFICATIONS & REQUIREMENTS
a. If Offeror is in doubt as to the meaning of any item in this Invitation, a written request for clarification may be submitted to H-GAC up to fifteen (15) calendar days prior to the deadline for response submission. H-GAC shall not be responsible for late delivery. Requests may be transmitted by FAX or e-mail to the assigned Specification Specialist, and should clearly reference this Invitation number and the specific page and paragraph in question. If there are multiple questions, they should be stated separately and numbered.
b. Any interpretation of Invitation documents, if made, will be by written Addendum duly issued. A copy of such Addendum will be mailed or delivered to each person officially on record as having been sent a copy of this Invitation. H-GAC will not be responsible for any other explanation or interpretation of the Invitation documents made or given prior to the award of the contract.
c. Any objections to the Invitation documents must be filed in writing with H-GAC on or before fifteen (15) calendar days prior to the deadline for submission of responses.
d. Prospective offerors are advised that, after a draft specification has been issued, the Pre-Bid/Proposal Conference is the primary forum through which comments and suggestions may be offered for consideration by H-GAC prior to issuance of the final invitation and specifications.
e. All best efforts have been made to insure that the product/service descriptions and associated specification information in Sections B & C are correct, and adequate time has been given to prospective Offerors to point out mistakes. However, if an error remains and is caught by Offeror before the scheduled bid/proposal opening, Offeror shall make note of the required correction in the Response, and shall also notify H-GAC prior to the opening of responses.
29. INCONSISTENT INFORMATION
H-GAC review of responses supplied on H-GAC FORMS is a significant part of the evaluation process. Offeror shall state clearly all information required on the FORMS. Offeror's information supplied on the FORMS shall take precedence in the event any standard “boilerplate” type language included in Offeror's response is inconsistent with the information supplied by Offeror on the H-GAC FORMS. In all cases, information on H-GAC's printed FORMS supplied as part of Offeror's response shall take precedence over information supplied on electronic media.
30. REJECTION OF RESPONSES
a. H-GAC may reject a response if:
• Offeror misstates or conceals any material fact in the Response, or if,
• Offeror does not strictly conform to law or the requirements of this Invitation.
b. H-GAC may reject any and all responses, and may reject any part of a response.
c. H-GAC, at it's sole discretion, may also waive any formalities or irregularities in any response, or ask for corrected information except for pricing.
31. WITHDRAWAL OR MODIFICATION OF RESPONSES
Once received by H-GAC, responses may be modified or withdrawn prior to the submission deadline only if the request to do so is in writing submitted by Offeror's authorized representative. Responses and requests for modification received after the submission deadline will not be accepted. Requests for response withdrawal
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received after the submission deadline will be accepted if the request to do so is in writing submitted by Offeror's authorized representative.
32. RESPONSE EVALUATION
For Bid Responses:
a. Section B will state whether the contract will be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for H-GAC and its participants.
b. If the contract will be awarded based on best value, Section B will state any relevant criteria which H-GAC will consider.
c. For each offered Product Item, H-GAC may use the offered price, prices for Required Options, and the prices of selected common Published Options to determine the lowest responsible offer.
d. Failure of Offeror to submit pricing for frequently purchased options and any H-GAC required options may cause response to be considered non-compliant at H-GAC’s sole discretion.
For Proposal Responses:
e. H-GAC will evaluate proposals as detailed in Section B.
f. By submission of a Response Offeror indicates acceptance of the evaluation technique, and recognizes and accepts that H-GAC may at it's sole discretion make subjective judgments during the evaluation process.
33. ORDER OF PRECEDENCE PRIOR TO CONTRACT AWARD
In the event of conflict between this document and any references or documents cited herein, this document shall take precedence prior to contract award.
34. AWARD OF CONTRACT
a. H-GAC reserves the right to accept or reject any Product Item or option offered. Additionally, all options included in Offeror's response and accepted by H-GAC are understood to be included in any contract.
b. H-GAC shall award contract(s) for line items or groups of line items, at its sole discretion.
c. With authority granted by the H-GAC Board of Directors, a written contract shall be presented to the successful Offeror(s) and shall be subject to acceptance by the successful Offeror(s) within thirty (30) calendar days after presentation by H-GAC. If a contract is not executed within thirty (30) calendar days, H-GAC may rescind the contract offer and award a contract to the next Offeror in order of rank as determined by H-GAC.
d. Delivery time and prompt payment discounts, including time allowed for payment, may be considered in tie-breaking of offers which are judged by H-GAC to be equal in all other criteria.
e. The contract shall include the following documents in the stated order of precedence:
1st The contract document signed by H-GAC and Offeror. 2nd This Invitation and all specifications referenced herein. 3rd Offeror's response to this Invitation.
35. PRO-FORMA CONTRACT
This Invitation includes a Pro-Forma (sample) Contract which successful offerors will be expected to sign. The actual final contract will be the same or nearly the same as the Pro-Forma. NOTE: Successful Offerors MAY NOT process any purchase orders until the contract documents have been executed and returned to H-GAC.
36. CONTRACT TERM
The contract shall be in effect throughout the period stated elsewhere in the contract documents, and thereafter until such time as any outstanding orders against the contract have been fulfilled. The contract may be extended if deemed by H-GAC to be in the best interests of the Program, and subject to mutual agreement of the parties.
37. PERFORMANCE & PAYMENT BOND
H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing should reflect this cost saving. However, Contractor must be prepared to offer a PPB to cover any specific order if so requested by End User. Contractor shall quote a price to End User for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of End User's purchase order.
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38. CHANGE ORDERS
End Users shall have the right to make additions by addenda for the purpose of clarification or inclusion of additional specifications, qualifications, conditions, etc. Any such addenda shall be made in writing and agreed upon by Contractor and the End User agency prior to issuance of any Change Order. A copy of any such Change Order shall be furnished by Contractor to H-GAC.
39. DUPLICATION OF TERMS OR STATEMENTS
Where statements or terms are duplicated or are extremely similar, H-GAC and the End User reserve the right to use the statement or term most favorable to H-GAC and/or the End User.
40. PUBLICITY
H-GAC encourages contractors to "market" the Program, and can provide some information and artwork to be used in published promotional materials. However, any publicity or published material released by Contractor referencing the contract, whether in the form of a press release, brochure, photographic coverage, or verbal announcement, shall be issued only with prior review and approval by H-GAC.
41. TAXES
HGAC and End User participants are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Offeror shall not include any such taxes in the Response. Further, it shall be the responsibility of Contractor to determine the applicability of any taxes to a particular order and act accordingly. Exemption certificates will be provided upon request.
42. DRUG FREE WORKPLACE
Contractor shall provide notice to its employees and sub-contractors, as required under the Drug-Free Workplace Act of 1988. A copy of Contractor's Drug-Free Workplace policy shall, on request, be furnished to any End User.
43. PRODUCT NOTICES & MAILINGS
H-GAC is NOT the owner of Products sold pursuant to this Invitation, but acts only in the capacity of purchasing agent. In that regard, Contractor accepts sole responsibility for insuring that notices and mailings, such as Safety Alerts, Safety Recall Notices and Customer Surveys, are sent directly to the End User of record.
44. HANDLING OF ORDERS & PAYMENTS
In general, orders and payments will be handled as described below. More specific instructions and information regarding handling of purchase orders and the Order Processing Charge may be provided after contract award. Established procedures may be changed at any time by H-GAC as may be dictated by efficient business practice. The particulars of any sale, e.g. specific products, pricing, delivery, warranty, etc., will be in strict accordance with the terms and conditions of this Invitation and the specific contract awarded to Contractor. Beyond that:
a. For any particular procurement to be made under the provisions of an H-GAC contract, End User and Contractor will discuss requirements and agree as to what will be provided.
b. Contractor will prepare a Contract Pricing Worksheet and provide it to End User. The Worksheet will list everything being purchased including the base bid item(s), all published and unpublished options and the delivery date. All pricing shall be per the current contract.
c. End User will send a purchase document to Contractor, which Contractor will fax H-GAC together with the Contract Pricing Worksheet. NOTE: Contractor agrees not to offer, agree to or accept from End User any terms or conditions that conflict with or contravene those in Contractor’s H-GAC contract, except for pricing discounts.
d. H-GAC will prepare an "Order Confirmation" and transmit it to End User and to Contractor. The Order Confirmation verifies that Contractor has a valid H-GAC contract and that the order is in compliance with the requirements of the H-GAC Cooperative Purchasing Program. Contractor will not ship any goods before receipt of both End User's purchase document and H-GAC's Order Confirmation.
e. On notification that Contractor has received an order, H-GAC will invoice Contractor for the applicable Order Processing Charge. NOTE: The Order Processing Charge is charged to Contractor, EXCEPT in the
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case of motor vehicles. For all sales of motor vehicles the Order Processing Charge is levied on the End User, collected by Contractor, and remitted to H-GAC by Contractor.
f. Contractor will deliver products/services ordered, and will invoice End User for products/services accepted by End User. (See other Sub-Section herein dealing with Product Delivery.) Contractor will not invoice before shipment has been made.
g. End User will pay Contractor for those products and/or services ordered which have been received and accepted. Under no circumstances shall any check be made payable to a representative or agent. Should a representative or agent submit an invoice to End User for any cost related to a purchase order issued to Contractor for products/services covered by an H-GAC contract, such invoice shall be forwarded to Contractor and Contractor will take action to correct the error.
h. Upon delivery of any product/service by Contractor and acceptance by End User, Contractor shall remit to H-GAC the full amount of the applicable Order Processing Charge in accordance with the payment terms established in the H-GAC contract. Note, the Order Processing Charge is due whether or not Contractor has ever received an invoice from H-GAC. Sales executed based on the particulars of Contractor's H-GAC contract, without payment of the Order Processing Charge, may constitute fraud.
45. PRICE CHANGES
a. Any permanent increase or decrease in offered pricing for a base contract item or published option is considered to be a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.
b. Except in the case of contracted published catalogs and price sheets, prices for Base Bid Items and Published Options are expected to be held firm for a minimum of 90 days from the date an awarded Offeror signs the H-GAC contract. Thereafter, changes will be considered if accompanied by justifying documentation satisfactory to H-GAC. For published catalogs and price sheets which are on an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet may be submitted whenever the manufacturer publishes the new document. Any such request must include the new catalog or price sheet.
c. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor to accept amended contract pricing equivalent to the routinely discounted pricing.
d. No price change will be allowed unless it has been reviewed and approved by H-GAC in writing. Contractor must have received H-GAC's written approval of any change prior to charging the new price or using it in any quotation prepared for an End User.
e. Price change requests must be submitted to H-GAC in writing and must be received by H-GAC at least thirty (30) calendar days prior to the requested effective date of the change, and must state the time period for which the requested pricing will remain firm.
f. Price change requests shall include H-GAC Forms D and E, or whatever documentation was used to submit pricing in the original Response hereto, showing all affected items with current contract price, requested price, and percentage change shown clearly for each. This documentation should be submitted in MSExcel format to facilitate analysis and updating of the website.
g. Price change requests MUST be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) showing that Contractor's actual costs have increased. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed.
h. All Products shall, at time of sale, be equipped as may be required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to such government requirements which cause a manufacturer's costs of production to increase, Contractor may increase Product pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale shall be the responsibility of the End-User.
i. In cases involving contract extensions exceeding sixty-one (61) days beyond the stated expiration date of the contract, Contractor may request a price change based on the same conditions as stated above. However the thirty (30) day prior notice is waived and H-GAC will consider the request immediately on receipt.
j. H-GAC reserves the right to accept or reject any price change request. Acceptance, if granted, will be in writing and the approved changes will become part of the contract.
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46. CONTRACT ITEM CHANGES
a. If a manufacturer discontinues a contracted item, that item will automatically be considered to be deleted from the contract with no penalty to Contractor. However, H-GAC may at it's sole discretion elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion.
b. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. Otherwise H-GAC may allow or reject the change, or take any other action deemed by H-GAC to be in the best interests of End Users, at its sole discretion. If the change is rejected there will be no penalty to Contractor.
c. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor shall advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected there will be no penalty to Contractor. However, H-GAC may elect to make a contract award to the next low offeror for the item, or take any other action deemed by H-GAC to be in the best interests of End
Users, at its sole discretion.
d. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing shall be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
47. FORCE MAJEURE
If either party shall be wholly or partially prevented from the performance of any contractual obligation or duty by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident., order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of Force Majeure shall rest solely with H-GAC..
48. PERFORMANCE UNDER CONTRACT
H-GAC is committed to insuring that Contractor provides effective and efficient service to all Participants in the Cooperative Purchasing Program, and expects that certain Performance Conditions must be met. Failure to meet these conditions may result in contract termination. In that regard, Contractor shall:
a. Appoint a dedicated representative to be the contact person and focal point for all matters relating to End User quotations and orders. The representative shall have: A toll free phone number with voice mail; A fax number; A working e-mail address; and A postal address.
b. Insure that the representative timely monitors all communication modes listed above, and promptly responds to communications from End Users and H-GAC in any of these modes. Phone calls will be promptly returned, in any event not later than the next business day. Acceptable failure will be due only to Force Majeure.
c. Maintain sufficient qualified staff to promptly process all communications from H-GAC or End Users, and to efficiently, effectively and accurately service all requirements of the contract.
d. As may be requested by H-GAC, replace any staff members who are not providing the service and expertise deemed necessary by H-GAC for acceptable support of End Users.
e. Properly prepare and provide to End User a Contract Pricing Worksheet, or a quotation in other format as approved by H-GAC, for each and every order that is to be executed.
f. Furnish, on request of H-GAC, reasonable data, forms and graphic material to be used in brochures or other print media, or on H-GAC's website.
g. Allow access to H-GAC authorized personnel for inspection of operating facilities, and auditing of purchase orders during the contract period, and for a period extending thru the completion of any outstanding orders. Site inspection may be arranged not less than ten (10) calendar days prior, shall include the names of all participants, and shall be at no expense to Contractor.
h. Reporting Requirements:
• Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three month period. Such reports shall include, but are not limited to the following:
• End User name
• Product/Service purchased, including Product Code if applicable
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• End User Purchase Order Number
• Purchase Order Date
• Product/Service dollar amount
• HGACBuy Order Processing Charge amount
• Reports must be provided to H-GAC in MSExcel or other acceptable electronic format, and are due by the 30th day of the month following the applicable quarter being reported.
i. Should Contractor default in providing Products or Services as required by this Invitation and the contract, recourse may be exercised thru cancellation of the contract and other legal remedies as may be appropriate.
49. IMPLEMENTATION OF INTERNET BASED E-COMMERCE
H-GAC Cooperative Purchasing has adopted E-Commerce as part of its business model and maintains an internet website at www.HGACBuy.org. At any point in time, various information and process functions may be implemented and made operational thru the website, including but not limited to items such as:
Information Items
• Contract information
• Procurement schedules
• Response requirements & specifications
• Product and option item catalog listings
• End User & Contractor information
Functions
• End User product inquiries
• Product configuration and price quotes
• Purchase Orders and Confirmations
• Shipping/Delivery notices
• Invoice generation
• Payment remittances, etc.
All H-GAC Contractors, as a condition of contract, will be required to work with H-GAC and it’s E-Commerce provider(s) to maximize use of E-Commerce within the context of H-GAC Cooperative Purchasing business. Offeror is encouraged to refer to H-GAC’s Cooperative Purchasing web site where additional information can be found. If you have any questions, please contact H-GAC for assistance.
50. CONTRACTOR ORIENTATION/TRAINING
H-GAC believes that Contractor's familiarity with the operational policies and requirements of the Cooperative Purchasing Program is a key factor in achieving End User satisfaction. In that regard, the Contact Person listed on Form A, or an alternate, shall be required to participate in an H-GAC vendor orientation/training as soon as possible after contract award. In addition, any other of Contractor's staff who will be involved in any way with the HGACBuy Program should participate in orientation. The orientation may be presented as a teleconference or webinar, or may be held in H-GAC's offices as may be determined by H-GAC and Contractor to be the most efficient and effective form of delivery.
51. LEGAL & CONTRACTUAL REMEDIES
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS
Procedure
Any actual or prospective Offeror or Contractor who is aggrieved in connection with a purchase transaction may file a grievance. The grievance may be filed at any phase of the procurement. In order for an above mentioned party to enter the grievance process, a written complaint must be sent to the Office Services Manger of H-GAC by certified mail which identifies the following:
1. Name, mailing address and business phone number of the complainant.
2. Appropriate identification of the procurement being questioned.
3. A precise statement of reasons for the protest.
4. Supporting exhibits evidence or documents to substantiate any claims.
The grievance must be based on an alleged violation of H-GAC’s Procurement Procedures, a violation of State or Federal law (if applicable), or a violation of applicable grant or contract agreements to which H-GAC is a party. Failure to receive a procurement award from H-GAC in and of itself does not constitute valid grievance. Upon receipt of grievance, the Office Services Manager will initiate the informal resolution process.
Expedited Resolution
The Procurement Officer or Departmental Manager responsible for the solicitation shall contact the complainant and all interested parties and attempt to resolve the allegations informally within ten (10) working
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days from date of complaint. If the allegations are successfully resolved by mutual agreement, documentation will be forwarded to the Office Service Manager of the resolution with specifics on each point addressed in the original complaint.
If the Procurement Officer or Departmental Manager is not successful in resolving the allegations, the complaint along with the comments will be forwarded to the Office Service Manager immediately. The Office Service Manager will review all documentation. All interested parties will be given written notice of the date, time, and place of the hearing and an opportunity to present evidence. A written decision will be issued within five (5) working days after the hearing along with notice of appeal rights.
Appeals
The complainant may appeal the Office Service Manager's decision by submitting a written appeal, within five (5) working days, to the Executive Director of H-GAC. The Executive Director, upon receipt of a written notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The Executive Director of H-GAC has the option of appointing a Hearing Officer to preside over the hearing. If appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to the Executive Director.
The decision reached by the Executive Director or his designee shall be final and conclusive. This decision will be forwarded to the complainant in writing within thirty (30) working days.
The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a Court of competent jurisdiction.
RESOLUTION OF CONTRACT DISPUTES
Upon breach or default, H-GAC shall give the Contractor written notice of default. If the default is not remedied, within a reasonable specified time from date of notification, to the satisfaction and approval of H-GAC, default will be declared.
Upon breach of contract or default, H-GAC may exercise any and all of its rights afforded by law, including but not limited to those referenced in the General Contract Provisions.
SOLICITATIONS OR AWARDS IN VIOLATION OF THE LAW
Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by H-GAC.
52. NATIONWIDE SALES OPPORTUNITIES
HGACBuy provides purchasing services to local governments qualifying non-profits throughout the nation, and desires to make established contracts available to them wherever and whenever practicable. Therefore, once a contract is awarded, Contractor is expected to expand the scope of its marketing effort to include sales to End
Users in all areas of the United States, and/or to assign any H-GAC contract to another contractor(s) as deemed appropriate by H-GAC in the interest of its End Users.
• Contractor may sell through HGACBuy anywhere subject to compliance with applicable laws and regulations. If the market structure in which Contractor operates requires a contract assignment for any particular sale, H-GAC will expect Contractor to assign the contract to a Manufacturer or to another Dealer(s). Such assignment must be approved by H-GAC.
• Contractor’s differential costs (e.g. transportation & delivery charges) and allowances (e.g. manufacturer’s sales incentives) related to any sale may be charged to buyer.
End of Section A
GENERAL TERMS & CONDITIONS
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December 1, 2009 ----- FINAL Version ----- Page 1 of 6
SECTION-B
PRODUCT SPECIFIC REQUIREMENTS
For
MEDIUM AND HEAVY DUTY TRUCKS & TRUCK BODIES
TABLE OF CONTENTS
Sub-Section Page
1.0 PURPOSE AND SCOPE ............................................................................................................................... 1 2.0 DEFINITIONS AND ABBREVIATIONS .................................................................................................... 1 3.0 SAFETY EQUIPMENT: SAFETY LABELS, LAMPS, SIGNALS, AND REFLECTORS ......................... 2 4.0 LOGOS AND DECALS ................................................................................................................................ 2 5.0 MANUALS ................................................................................................................................................... 2 6.0 SERVICING AND EQUIPPING .................................................................................................................. 2 7.0 VEHICLE INSPECTION AND DELIVERY ................................................................................................ 2 8.0 WARRANTY, SERVICE, AND SERVICE CONTRACTS ......................................................................... 3 9.0 BASE UNIT: STANDARD FEATURES ...................................................................................................... 3 10.0 PRODUCT CODES AND BASE UNIT CONFIGURATION TABLE ........................................................ 3 11.0 MISCELLANEOUS ...................................................................................................................................... 4 12.0 REQUIRED TRUCK CHASSIS OPTIONS: GENERAL ............................................................................. 4 13.0 TRUCK BODIES .......................................................................................................................................... 5 14.0 H-GAC Order Processing Charge .................................................................................................................. 6 15.0 AWARDS ...................................................................................................................................................... 6
1.0 PURPOSE AND SCOPE
This specification establishes minimum configuration and performance requirements for new model medium and heavy-duty cab-chassis that may be purchased by H-GAC Members through the H-GAC Cooperative Purchasing
Program, HGACBuy. These cover DOT Class-4 through Class-8 weight classes (14000# through 33000#+ GVWR). It is H-GAC’s goal to receive pricing on cab-chassis, chassis options, and third party chassis-mounted bodies from Texas-licensed chassis dealers. Except where noted on Form-D, trucks bid under HT11-09 shall be those models associated with 2010 calendar year availability and compliant with EPA 2010 diesel emission thresholds (anticipated January 1, 2010 engine
production for most 2010-compliant engines). HT11-09 supply contracts will cover a two and a half (2 1/2) year period. If an H-GAC contractor realizes subsequent price increases during this contract due to the introduction of new model year equipment, engine manufacturer model changes, or other costs, they may petition H-GAC, per this specification’s Section-A guidelines (Terms & Conditions section), for a contract price increase.
2.0 DEFINITIONS AND ABBREVIATIONS
Base Unit: a basic truck chassis or body conforming to the minimum configurations described in this Invitations’ Form-D, from which an HGAC member may build, through published and unpublished options, the final desired configuration. COE: Cab-Over Engine; a truck design with a truncated front section and no hood, where engine and front axle are positioned under, or partially under, the cab. Class: GVWR class ratings. “Medium Class” trucks are: Class 3: 10001-14000#; Class 4: 14001-16000#; Class 5: 16001-19500#; Class 6: 19501-26000#. The “Heavy” class trucks are: Class 7: 26001-33000#; Class 8: over 33000#. Conventional Cab: a cab/engine design with a full front section and hood, where the engine and front axle are positioned in front of the cab. GAWR: Gross Axle Weight Rating.
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H-GAC Invitation # HT11-09 Medium and Heavy Duty Trucks & Truck Bodies
December 1, 2009 ----- FINAL Version ----- Page 2 of 6
Horsepower: wherever used herein, horsepower refers to SAE net horsepower, measured at the drive wheels. One horsepower (1 HP) equals 550 ft-lb. of work/second, or 745.7 watts. Knuckleboom: hydraulically operated, articulated (jointed) loading boom. Boom may have a section that is telescoping (sometimes referred to as a folding crane or articulating crane). SBFA: Set Back Front Axle. SFFA: Set Forward Front Axle. SRA: Single Rear Axle. Telescoping Crane/aerial: Crane or aerial with a boom that employs a telescoping action for extension. TRA: Tandem Rear Axle.
3.0 SAFETY EQUIPMENT: SAFETY LABELS, LAMPS, SIGNALS, AND REFLECTORS
Requirements for quantity, color, and mounting of lamps, signals, and reflectors shall be followed on each truck priced and sold under this invitation and contract, per FMVS Standard No. 108, Texas “Uniform Act Regulating Traffic on Highways," (VTCS 6701d), and any other applicable federal and state regulations. Safety plaques/decals shall be furnished on both sides of any special truck bodies, and shall be affixed at the operator's station and at any hazardous areas. These safety plaques shall include necessary warnings and precautions and shall include, but not be limited to, load limit warnings. All plaques shall meet applicable federal, state and local laws and regulations.
4.0 LOGOS AND DECALS
Decals or markings pertaining to dealer or manufacturer other than manufacturer's name or model designation (normally affixed by manufacturer) shall not be affixed to, embossed, or painted on equipment delivered to H-GAC Members.
5.0 MANUALS
All equipment sold hereunder shall be furnished with an operator's manual, the price of which shall be included in each model’s Base Unit price, including all standard manufacturer/vendor literature normally furnished and as required by law, with the purchase of a new vehicle. It shall, as a minimum, cover operation, preventative maintenance, and safety for the chassis and bodies furnished.
6.0 SERVICING AND EQUIPPING
Successful contractors shall furnish equipment meeting or exceeding the minimum requirements for each applicable product code. Except where requested by H-GAC Member, equipment sold hereunder, including all standard and optional accessories, shall be completely assembled, serviced, and adjusted prior to delivery, and in all respects, ready for operation, with all chassis configurations needed to meet or exceed required GVWR.
7.0 VEHICLE INSPECTION AND DELIVERY
7.1 Contractors are responsible for having each completed vehicle properly inspected to meet Texas
Department of Public Safety requirements, with 2-year Texas safety inspection sticker affixed prior to delivery to the receiving agency, the price of which shall be included in each model’s Base Unit price.
7.2 Manufacturer’s Statement of Origin (MSO): H-GAC contractors shall furnish H-GAC End Users a
manufacturer's statement of origin (MSO), the price of which shall be included in each model’s Base Unit price. A certificate of title will not meet this requirement. MSO shall be furnished at the time of delivery, and shall be made out in the name of the receiving agency, providing the VIN number, GVWR for particular model and configuration, and odometer disclosure statement.
7.3 Pre-Delivery Service: New vehicle pre-delivery service shall be provided for all units, and shall,
at a minimum, include the following:
• All fluid levels checked and maintained.
• Dealer pre-delivery safety and quality inspection and any necessary service.
• Interior and exterior of units cleaned and washed as necessary.
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H-GAC Invitation # HT11-09 Medium and Heavy Duty Trucks & Truck Bodies
December 1, 2009 ----- FINAL Version ----- Page 3 of 6
8.0 WARRANTY, SERVICE, AND SERVICE CONTRACTS
Contractors shall furnish, with each vehicle sold, the manufacturer's new vehicle warranty, honored by all of the manufacturer's authorized dealers (this warranty shall be comparable to or better than those offered to the general public), and a copy of the manufacturers’ standard warranty on accessories such as, but not limited to truck bodies, axles, drive trains, et cetera, at the time of delivery to the receiving agency.
9.0 BASE UNIT: STANDARD FEATURES
It is H-GAC’s goal, wherever possible, for these configurations to be consistent with the “standard” configurations for each given manufacturer and line item model listed. Where no single factory “standard” exists for a given component (engine, axle, et cetera), H-GAC has defined these variables for the purpose of the Invitation on Form-D.
9.1 All models priced on bid response shall be priced exclusive of freight (which will be addressed on each purchase order as line item add-ons, specific to each end user’s unique location.
9.2 Base Unit chassis priced under the Invitation (Form-D) shall be a road-ready, legal motor
vehicles, ready for operation and shall not require additional equipment to render them as such. At a minimum, this shall cover:
• Engine Coolant System: OEM standard components and capacity.
• Chassis: Complete, including front and rear axle assemblies and braking assemblies (OEM standard, including parking brake system), standard / entry level wheels and tires.
• Heater-Defroster: installed and compliant with FMVSS No. 103 Windshield Defrosting and Defogging Systems guidelines. (NOTE: air conditioning is a separate, required
option for Offeror. If air conditioning is a normal, standard factory feature for
any given model, Offeror shall price Form-D model with air conditioning and note
on Form E-1 that it is standard and included on Base Unit price).
• Instrumentation: including , but not limited to, ammeter; coolant temperature, fuel, and oil pressure gauge
• Cab: complete and functional, with standard seating, allowing for driver and passenger
• Seating (bench or separate seats).
• Bumper, front: OEM standard. Wherever a given, necessary component of a Base Unit is not specifed, Offeror shall use the standard component specific to that model or in the absense of a "standard", the lowest cost entry level componetn that allows for the chassi to be a complete and, road ready.
10.0 PRODUCT CODES AND BASE UNIT CONFIGURATION TABLE
10.1 In this Invitation’s Base Unit configuration table (Form-D), various manufacturers' models are
listed, together with specific corresponding GVWR, engine, transmission, front and rear axle, and wheelbase requirements for each. The data on each line represent the minimum configuration and performance requirements for each base unit model to be bid. Offeror shall use Form E-1 and E-2
to price options. Upon subsequent award, H-GAC members may purchase these as listed or use these Base Unit configurations as a starting point from which to build their desired, final cab-chassis. Where no specific component or package is mentioned in this specification, Offeror should price the most competitively priced configuration that includes all manufacturers’ standard components and meets this specification’s minimum requirements. Offeror may bid on any models for which they are a licensed dealer. For each Base Unit chassis bid, pricing must be submitted on H-GAC’s Form-D.
10.2 For each chassis bid, the package represented in the Base Unit price submitted shall not
require any additional, compulsory equipment to render it functioning, legally-equipped
cab-chassis or to meet those minimums established for each model's base configuration. This
includes, but is not limited to emission or steel surcharges/escalators (which should NOT be
included in Offeror's options pricing) passed along from manufacturers. These should be
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H-GAC Invitation # HT11-09 Medium and Heavy Duty Trucks & Truck Bodies
December 1, 2009 ----- FINAL Version ----- Page 4 of 6
addressed through formal HGAC contract price adjustments, upon H-GAC’s approval.
Inclusion of emission or steel surcharges with options may result in offer for that specific
model being deemed as non-compliant.
10.3 Offeror shall include, for each Form-D chassis priced under this Invitation, a detailed dealer
quote sheet containing complete chassis component itemization. These quote sheets'
components shall not conflict with H-GAC Base Unit configurations (Form-D) in terms of
specific components or Offeror's Form-D pricing. If a given model bid does not have a
detailed model quote sheet, or if a conflict exists between the HGAC Base Unit requirements
and the dealer quote sheet, the specific model bid may be deemed non-compliant.
10.4 Each Base Unit bid and subsequently sold under this eventual contract shall be referenced using its unique product code.
The first (alpha) character designates the manufacturer, as follows: A: Condor-ALF B: Autocar C: Ford D: Freightliner E: Hino (Toyota) F: International G: Isuzu
H: Kenworth
I: Mack J: Peterbilt K: UD (Nissan) L: Volvo M: WesternStar N: Smith Electric Vehicles (new) O: Diesel Retrofit Equipment (new)
The second (numeric) character designates the respective model and its base unit configuration, as detailed in this Invitation’s Form-D.
11.0 MISCELLANEOUS
11.1 Offeror shall submit only one distinct cab-chassis (and only one Form-D price) for each product
code/line item bid. Offeror shall price separate items as model option upgrades and other manufacturer options to the base unit truck on Form E-1.
11.2 Unless otherwise directed, trucks in single rear axle (SRA) configurations incorporate a 4x2
drive design and trucks in tandem rear axles (TRA) configurations, a 6x4 design. 11.3 Unless otherwise listed as a Base Unit feature, base unit trucks shall be “regular” cab/”day cab”,
two (2) door designs. Extended and four door “crew” cab upgrades shall be included in Offeror's Form E-1 options pricing.
11.4 Offeror may price deduct/adder options for upgrading/downgrading from a SBFA to a SFFA, or
vice-versa, as long as the option does not duplicate another model line item for that particular manufacturer.
11.5 Per Section “A” of this specification (General T&C), bids responses shall include current
Texas Motor Vehicle Dealer licenses.
12.0 REQUIRED TRUCK CHASSIS OPTIONS: GENERAL
12.1 It is H-GAC’s goal to receive a thorough, detailed factory options pricing list for each Base Unit chassis priced, including: air conditioning, engine and transmission upgrades, wheelbase, cab-to-axle configuration upgrades, front and rear axle capacity upgrades, engine brakes, air brakes, 4 and 6-wheel drive, frame upgrades (higher R.B.M., etc.), crew cabs, et cetera. This will afford our Members a more complete choice of Published Options and allows H-GAC to more effectively perform bid tabulations. Toward this goal, chassis Offeror shall submit, on Form E-1, for
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H-GAC Invitation # HT11-09 Medium and Heavy Duty Trucks & Truck Bodies
December 1, 2009 ----- FINAL Version ----- Page 5 of 6
EACH Form-D chassis bid, a comprehensive priced list of chassis model upgrades and
options/accessories. Offeror SHALL also include (as per Form E-1 column headings),
options manufacturers' names and their model names/numbers. Failure of Offeror to price a
thorough complement of manufacture options on Form E-1, in detail, or to provide required
level of detail, may result in bid being rejected as non-compliant. An alternative to this is for vendor to submit a complete electronic copy of their dealer price
book and reference it on Form E-1, along with a percentage-off-list on Form E-1. NOTE:
Offeror shall complete all requested fields listed on Form E-1: associated H-GAC product
code, manufacturer of option, price book option code, model, option description, offered
H-GAC price. In this case, HGAC requests that Offeror still list (for each Base Unit bid on
Form-D) the more common option upgrades for each model (e.g. price differential for A/C
or common transmissions, axle, 4x4/6x6 upgrades, et cetera).
12.2 Where normally available, Offeror SHALL also include, on Form E-1, options pricing for
hybrid and alternative fuel retrofits/conversions (Natural Gas (LNG and CNG as well) and
LPG/Propane engine conversions, dedicated and/or bi-fuel). These options shall be priced in
full compliance configurations, with all applicable safety and emissions requirements and
regulations in effect at the time of contract commencement, including but not limited to
standards established by the US DOT / EPA. Failure to price these alternative fuel options
may result in offer being deemed as non-compliant.
12.3 NOTE: Offeror shall also include electronic copies of their HGAC forms and all options
pricing.
13.0 TRUCK BODIES
13.1 HGAC recognizes that truck chassis sold under this contract will utilize some type of truck body.
H-GAC will make make as many of these body-on-frame bodies conveniently available to our Members as possible, as published options under this contract. This Invitation contains a form which Offeror shall use for pricing these body options, Form E-2, upon which Offeror shall price a comprehensive priced list of bodies for each Base Unit chassis bid. Offeror SHALL complete all requested fields listed on the form:
• Associated H-GAC Product Code
• Broad option category
• Body manufacturer
• Model name / number
• Body manufacturers' specific price book code
• Option description
• Offered H-GAC price
The pricing for these bodies shall include any components necessary and specific to the bodies as well as the cost of mounting to cab-chassis. Bodies covered shall include, but should not be limited to, the following types:
• Stationary platform/stake bodies
• Dump bodies
• Aerials: bucket/man-lifts
• Service/utility bodies
• Wrecker bodies and carriers
• Cement mixer bodies
• Cranes / knuckleboom bodies
• Water or lube tank bodies
• Landscape / trash / brush bodies
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H-GAC Invitation # HT11-09 Medium and Heavy Duty Trucks & Truck Bodies
December 1, 2009 ----- FINAL Version ----- Page 6 of 6
• Van bodies (standard and refrigerated)
• Sand distribution equipement (e.g. road ice applications)
13.2 Bodies which are covered by other H-GAC contracts will NOT covered by this Invitation and should not be priced with Offeror's bid response. Generally, these include Refuse Collection, Street Sweeper, Ambulance, EMS & Command, Asphalt Patchers, Sewer Inspection, Sewer Cleaning, Hydro-Excavating, Bus, and Fire Service bodies. Bodies of these types may not be sold under this Invitation's contract (if in conjunction with this contract's chassis, then only as a separate purchase order).
13.3 Note: for each body priced on Form E-2, Offeror shall include a quote sheet / body
specifications reflecting the details of the bodies.
13.4 H-GAC realizes that our vendors potentially have a higher occurrence of sales of specific
chassis-body combinations. In an effort to simplify our Members' purchase of chassis-body
combinations, H-GAC prefers that Offerer also include on Form E-2, for each Form-D
chassis bid, complete, combination pricing, with pricing for the most popular combinations
of chassis and bodies (Offeror shall list body details on Form E-2 and include supplemental
body quote sheets). These "combination options" will be listed by H-GAC on our
www.hgacbuy.org web page, thereby allowing our Members to view and purchase these
common chassis-body combinations (or use them as a PO starting point to build the final
configuration they need).
13.5 NOTE: henceforth, HGAC will not recognize undefined options pricing within Offeror's list of options (example: a blanket "X % off dealer cost for any additional options" approach).
13.6 Per Texas Motor Vehicle statutes, only underlying chassis dealers can sell the converted chassis to end users (i.e. H-GAC “Members”).
14.0 H-GAC Order Processing Charge
As specified in Section-A, sales of motor vehicles under the H-GAC program shall include an H-GAC purchase Order Processing Charge, levied on the H-GAC government Members and remitted to H-GAC through each Contractor. This PO adder breaks down as follows:
• Bare cab-chassis, without a body: flat $600 per PO
• Cab-chassis with body furnished as an option by chassis dealer: flat $1000 per PO (single PO)
• Body or published option, alone (exclusive of chassis): 1.5% (0.015) of the total price
15.0 AWARDS
Consistent with Texas bid award statutes, for each specific line item, H-GAC will recommend awards to the lowest responsible Offeror. For this purpose, on chassis line items with more than one Offeror, H-GAC will also utilize a random basket of chassis manufacturer options prices, with line individual items awarded to the Offeror with the lowest combination of Base Unit and options pricing.
*** End of Section B ***
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I.1
Invitation No.: HT11-09
Title:
This Section contains the following H-GAC FORMS .
FORM DESCRIPTION
Form A: Offeror Identification and Authorized Signatory
Form B: Historically Underutilized Business Enterprises
Form C: Response Checklist
Form D: Offered Items Pricing
Form E-1: Published Options: Chassis Manufacturers
Form E-2: Published Options: Bodies
SECTION C - H-GAC FORMS(Rev 12/02/09)
For Use In Responding To Competitive Bid And Proposal Invitations
These FORMS are hereby made available in electronic format. They should be copied to Offeror's
computer for completion and/or printout as required. The FORMS may not be changed or altered in any
Medium and Heavy Trucks & Truck Bodies
computer for completion and/or printout as required. The FORMS may not be changed or altered in any
way, except as may be specified on the FORM .
ALL completed FORMS must also be submitted electronically on electronic media (DVD, CDRom,
flash/thumb drive), excepting of course for signatures. The printed "Original" of the response will be
considered as the official copy in case of any discrepancy between the electronic version and the printed
Original.
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I.1
Invitation No.: HT11-09
Invitation Title:
Offeror Company:
Offeror Status:
Response Type(1):
Contract Signatory(2): Title:
Mailing Address(3):
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Phone: Fax:
Email Address:
Federal Tax ID No.: Web Page URL:
(1) If Joint Offering, all parties must submit a signed Form A. A contract will be offered to each.
(2) Person who will sign final contract documents if an award is made.
(3) Address to which final contract documents would be sent for signature.
Contact Person (4): Title:
FORM A - OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY
(DO NOT handwrite this Form. Information must be typed in.)
Medium and Heavy Trucks & Truck Bodies (Revised per H-GAC Addendum No. 1)
(Legal name of business which will appear on contract, if awarded)
Member Contact Information
Dealer/DistributorManufacturer Other
Multiple Offerors
Acting JointlySingle Offeror Acting
Alone Or As Lead
( )
Mailing Address:
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Toll Free Phone: Fax:
Email Address:
(4) Person who End Users will contact for product information and to get pricing quotes.
The Signatory below, on behalf of Offeror:
Signature: Title:
Printed Name: Date:
- Acknowledges having thoroughly reviewed the Invitation;
- Attests to having the authority to sign this response and commit Offeror to honor all requirements;
- Makes, under penalty of perjury, all required Offeror Certifications as detailed in General Terms;
- Certifies that all information provided in this Response is true and correct.
Dealer/DistributorManufacturer Other
Multiple Offerors
Acting JointlySingle Offeror Acting
Alone Or As Lead
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I.1
Procurement No.: HT11-09
Title:
Offeror:
FORM B - HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES
Note 2: The terms "Certified" and "Listed" as used in conjunction with HUB programs relate to the process of HUB qualification
HGACBuy is comitted to promoting full and equal business opportunities for HUB contractors, and to assisting Cooperative
Purchasing Program (COOP) Members in meeting mandated HUB goals. In that regard, Contractor shall make a good faith effort
to use the services of Certified/Listed (See Note 2) HUBs whenever possible.
As part of a good faith effort, Contractor agrees to work with and assist HGACBuy Members in meeting HUB targets and goals, as
may be required by any rules, processes or programs they might have in place. Such assistance may include such things as
compliance with reporting requirements, provision of documentation, consideration of 'Certified/Listed' subcontractors, provision of
documented evidence that an active participatory role for a HUB entity was considered in a procurement transaction, etc.
Most, if not all, of the Members of HGACBuy are subject to various requirements relative to purchasing goods and services from
Historically Underutilized Business Enterprises (HUBs)(See Note 1). These requirements are promulgated by federal and state
governmental authorities, and include measureable criteria such as 'percentage of total dollars spent directed to HUBs', 'number of
HUB contractors used', 'HUB subcontractors employed by primary contractors', etc. These requirements are generally formalized
in goal oriented programs.
Note 1: There are many designations other than "HUB" used across the country within various jurisdictions. Examples include
terms such as Disadvantaged Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Woman Owned Business
Enterprise (WBE), Small Disadvantaged Business (SDB), Small, Woman or Minority-owned Business (SWAM), etc. Regardless
of the formal designation, the overall objective of the relavant programs is basically the same, i.e. to insure that disadvantaged and
underutilized members of the business community receive a fair share of public spending. The term HUB as used herein shall be
understood to encompass all such programs/business enterprises, no matter what terminology is used by the Member.
Medium and Heavy Trucks & Truck Bodies
Title: Date:
Note 2: The terms Certified and Listed as used in conjunction with HUB programs relate to the process of HUB qualification
review. Jurisdictions usually require that companies claiming HUB status be reviewed and confirmed as meeting certain minimum
requirements to claim that status, and that the review and confirmation process be carried out by certain designated entities. They
are then "Certified" or "Listed" by having their name included on an official listing published by the Certifying or Listing Authority.
Accepted and Agreed By:
On a separate sheet, list any subcontractors that would be employed in providing products or services related to this procurement.
Include subcontractor name, designation (HUB, DBE, etc.) and certifying/listing authority.
HUB Status Of Offeror
Designation(s):
Certifying/Listing Authority(s):
Subcontracts
HUB DBE MBE WBE Other
Subcontractor List attached. No Subcontractors will be used.
Offeror is a HUB, as detailed below. Offeror is not a HUB.
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I.1
Procurement No.: HT11-09
Title:
Offeror:
Initials
1
2
3
4
5
6
7
8
9
10
11
12
13
N/A
FORM C - RESPONSE CHECKLIST
Medium and Heavy Trucks & Truck Bodies
This FORM is provided to help insure that all required Response elements have been completed and included, or
certified as being available upon request. Responses that do not comply with all requirements may be considered
non-compliant. Offeror's signatory must review each item below, and certify by initialing in the space to the right.
A complete description of Offeror's "service organization", detailing support locations, hours, personnel
and parts/service availability.
Complete warranty documentation for all Products offered.
Comprehensive list of body options pricing on Form E-2.
For EACH chassis bid on Form-D, Offeror included a detailed dealer quote sheet containing a
complete description of chassis components.
Copy of all current licenses as required by the Texas Motor Vehicle Commission Code.
The required list of references.
If the Non-Resident Reciprocal Bid Act applies, a copy of your state statute and a determination of the
Form CIQ, if required by law, completed and signed. Offeror should go to
A Bid/Proposal Bond, or Cashier’s Check in the amount of $3000. (A percentage bond is NOT
acceptable.)
This Response Includes:
An "Original" of all required Forms and documents, plus one copy, each in a separate hard-sided 3-ring
binder.
Per Section-A, subsection 27.d, a completed electronic copy of ALL BID DOCUMENTS (Forms and
any other documents) (e.g. CD-ROM).
For each chassis bid on Form-D, a thorough list of priced chassis manufacturer options on Form
E-1, including, as available, Natural Gas and/or LPG/Propane conversion pricing.
Specification / quote sheet for for each body option offered.
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I.1
HT11-09
Base Unit Description
Except where noted, these are standard, 2-door, day-cab configurations, in
4x2/6x4 drive, priced without A/C (which shall be priced on Form E-1, except
where it is a standard feature - in which case Offeror shall note in bid
response). Except where noted, these shall all be priced (per Section-B) to be
D4 Ford F75W146 F75W146 Wheelbase upgrade: reg cab: 146" WB 72" CA Upgrade $
D4 Ford F75W158 F75W158 Wheelbase upgrade: reg cab: 158" WB 84" CA Upgrade $
D4 Ford 44L 44L Allison 3500 RDS 5-Sp auto Upgrade $
D4 Ford 44U 44U Allison 3500RDS 6-Sp auto Upgrade $
(5) All chassis manufacturer option priced herein:
a. Must have a unique chassis manufacturer product/part code.
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
Examples
*** Offer should reference this Invitation's Section-B, subsections 11.0 and 12.0 ***
(1) Bid each option item on a single, separate line. An allowable alternative is for Offeror to submit a complete dealer price book(s) and reference it on Form E-1,
along with a percentage-off-list on Form E-1. In this case, HGAC requests that Offeror still list (for each Base Unit bid on Form-D) the more common option
upgrades for each model (e.g. price differential for alternative transmissions, axle, 4x4/6x6, A/C, fifth wheel, et cetera, upgrades).
(2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) Options which replace standard equipment on a base bid Item on Form-D should be priced net of any credit due for the replaced item.
(4) Options should be priced at the differential amount between the base bid models' respective component and the optional (upgade/downgrade) option.
FORM E-1: Chassis Manufacturer Options Pricing Invitation #: HT11-09
Offeror Name:
HGAC LINE
ITEM PRODUCT
CODE
ASSSOCIATED
WITH OPTION
(e.g. "A1", "B1-
B3", etc.)
MANUFACTURER
OF OPTION
CHASSIS
MANUFACTURER'S
SPECIFIC PRICE
BOOK OPTION CODE
MODELOPTION DESCRIPTION OFFERED
PRICE
(5) All chassis manufacturer option priced herein:
a. Must have a unique chassis manufacturer product/part code.
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
*** Offer should reference this Invitation's Section-B, subsections 11.0 and 12.0 ***
(1) Bid each option item on a single, separate line. An allowable alternative is for Offeror to submit a complete dealer price book(s) and reference it on Form E-1,
along with a percentage-off-list on Form E-1. In this case, HGAC requests that Offeror still list (for each Base Unit bid on Form-D) the more common option
upgrades for each model (e.g. price differential for alternative transmissions, axle, 4x4/6x6, A/C, fifth wheel, et cetera, upgrades).
(2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) Options which replace standard equipment on a base bid Item on Form-D should be priced net of any credit due for the replaced item.
(4) Options should be priced at the differential amount between the base bid models' respective component and the optional (upgade/downgrade) option.
FORM E-2: Pricing for Body Options Invitation #: HT11-09
Offeror Name:
HGAC LINE
ITEM PRODUCT
CODE
ASSSOCIATED
WITH OPTION
(e.g. "A1", "B1-
B2", "All", etc.)
OVERALL
CATEGORY
(stationary
platform/stake; dump;
aerial; service / utility;
wrecker or carriers;
cement mixer; crane /
knuckleboom; water or
lube, landscape / trash
/ brush; van; or other
(specify)
BODY MFGRMODEL NAME /
NUMBER
BODY
MANUFACTURERS'
SPECIFIC PRICE
BOOK ITEM CODE
OPTION DESCRIPTION OFFERED
PRICE
service body Knapheid Model 6108D54FJ ABC123 11-ft flip top body (14000-19000
GVWR app)
carrier body Miller 15-Series carrier XYZ456 load rating: 15000# (25500# min
GVWR chassis); aluminum
platform; bed length: 19’; width:
96”
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
c. Must be inclusive of the cost of mounting and exclusive of cab-chassis (except in those cases where Offeror is pricing combo body-chassis pricing).
Examples
*** Offer should reference this Invitation's Section-B, subsection 13.0 ***
(1) Bid each option item on a single, separate line. Multiple base unit models may share a priced option (Offer should designate which product codes apply; e.g.
"ALL" "A1 A2")(2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) All truck bodies priced herein:
a. Must have a manufacturer model code.
Page 19 of 19
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I.1
SECTION D
ProForma (Sample Contract)
(06/18/09) Page 1 of 4
This is a sample of the contract that will be sent to you for
execution IF you are recommended for a contract award.
Do NOT complete and return with your Response.
A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL, Houston, Texas AND This Contract is made and entered into by the Houston-Galveston Area Council of Governments, hereinafter referred to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND,
hereinafter referred to as the CONTRACTOR, having its principal place of business at . ARTICLE 1: SCOPE OF SERVICES
The parties have entered into a Contract to become effective as of , and to continue through (the “Contract”), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of offered by the CONTRACTOR. The CONTRACTOR agrees to sell through the H-GAC Contract to END
USERS. ARTICLE 2: THE COMPLETE AGREEMENT
The Contract shall consist of the documents identified below in order of precedence: 1. The text of this Contract form, including but not limited to, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:_______, including any relevant suffixes 4. CONTRACTOR’s Response to Bid No:_______, including but not limited to, prices and options offered All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. ARTICLE 4: APPLICABLE LAWS
The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR
The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Employees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for employee payrolls and claims arising therefrom. ARTICLE 6: END USER AGREEMENTS H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR
through this Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as H-GAC’s endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR’s H-GAC contract. Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on
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SECTION D
ProForma (Sample Contract)
(06/18/09) Page 2 of 4
any End User Agreements surviving termination of this Contract between H-GAC and CONTRACTOR.
ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS
CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligation or interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any such change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees.
ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR’S RECORDS CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER under this Contract. H-GAC, through its staff or its designated public accounting firm, the State of Texas, or the United States Government shall have the right at any reasonable time to inspect copy and audit those records on or off the premises of CONTRACTOR. Failure to provide access to records may be cause for termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING REQUIREMENTS
CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Bid Specifications. If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE
If CONTRACTOR, at any time during this Contract , routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, CONTRACTOR shall notify H-GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein CONTRACTOR shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC, after due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H-
GAC and CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H-GAC. The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a
bidder, or contractor, which are not within bidder's control [example; a manufacturer's bid concession], or to any prices
offered to the Federal Government and its agencies.
ARTICLE 11: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR. The decision of the Executive Director or his designee shall be final and conclusive unless,
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SECTION D
ProForma (Sample Contract)
(06/18/09) Page 3 of 4
within thirty (30) days from the date of receipt of such notice, CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision. ARTICLE 13: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR’s total liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC described in Article 14, is limited to the price of the particular products/services sold hereunder, and CONTRACTOR agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC , its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Contract.
ARTICLE 14: LIMIT OF H-GAC’S LIABILITY AND INDEMNIFICATION OF H-GAC
H-GAC’s liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgments, and liens arising as a result of CONTRACTOR’s negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract.
ARTICLE 15: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract; provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR’S failure. If within thirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H-GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR
and for which compensation was received by CONTRACTOR. ARTICLE 16: TERMINATION FOR CONVENIENCE
Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other. CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS
CONTRACTOR agrees that it will perform under this Contract in conformance with safeguards against fraud and abuse as set forth by H-GAC, the State of Texas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H-GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity.
ARTICLE 18: GOVERNING LAW & VENUE
This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such disputes.
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SECTION D
ProForma (Sample Contract)
(06/18/09) Page 4 of 4
ARTICLE 19: PAYMENT OF H-GAC ORDER PROCESSING CHARGE
CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including, but not limited to, the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H-GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receipt of payment, whichever is less, pay H-GAC the full amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC’s order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. ARTICLE 20: LIQUIDATED DAMAGES
Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER’s purchase order is placed. ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS
Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END
USER within ten (10) days of receipt of END USER’s purchase order. It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provided to the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of receipt of END USER’s order may constitute a total breach of contract and shall be cause for cancellation of the order at END USER’s sole discretion. END USER may choose to delete the requirement for a Performance Bond at END USER’s sole discretion. If the bond requirement is waived, END USER shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond. ARTICLE 22: CHANGE OF CONTRACTOR STATUS
CONTRACTOR shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEXAS MOTOR VEHICLE BOARD [IF APPLICABLE]
CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Contract period, any CONTRACTOR’S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-
GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Houston-Galveston Area Council, Houston, Texas:______________________________________________
Jack Steele, Executive Director Attest for Houston-Galveston Area Council, Houston, Texas:_______________________________________________
Deidre Vick, Director of Public Services Date:_____________________ , 20___
Signed for________________________________ ________________________________________________ Printed Name & Title:_____________________________________________ Date:____________________ 20___ Attest for_________________________________ ________________________________________________
Printed Name & Title:_____________________________________________ Date:___________________, 20___
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I.1
Invitation No.: HT11-09
Title:
This Section contains the following H-GAC FORMS .
FORM DESCRIPTION
Form A: Offeror Identification and Authorized Signatory
Form B: Historically Underutilized Business Enterprises
Form C: Response Checklist
Form D: Offered Items Pricing
Form E-1: Published Options: Chassis Manufacturers
Form E-2: Published Options: Bodies
SECTION C - H-GAC FORMS(Rev 12/02/09)
For Use In Responding To Competitive Bid And Proposal Invitations
These FORMS are hereby made available in electronic format. They should be copied to Offeror's
computer for completion and/or printout as required. The FORMS may not be changed or altered in any
Medium and Heavy Trucks & Truck Bodies
computer for completion and/or printout as required. The FORMS may not be changed or altered in any
way, except as may be specified on the FORM .
ALL completed FORMS must also be submitted electronically on electronic media (DVD, CDRom,
flash/thumb drive), excepting of course for signatures. The printed "Original" of the response will be
considered as the official copy in case of any discrepancy between the electronic version and the printed
Original.
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I.1
Invitation No.: HT11-09
Invitation Title:
Offeror Company:
Offeror Status:
Response Type(1):
Contract Signatory(2): Title:
Mailing Address(3):
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Phone: Fax:
Email Address:
Federal Tax ID No.: Web Page URL:
(1) If Joint Offering, all parties must submit a signed Form A. A contract will be offered to each.
(2) Person who will sign final contract documents if an award is made.
(3) Address to which final contract documents would be sent for signature.
Contact Person (4): Title:
Member Contact Information
FORM A - OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY
(DO NOT handwrite this Form. Information must be typed in.)
Medium and Heavy Trucks & Truck Bodies (Revised per H-GAC Addendum No. 1)
(Legal name of business which will appear on contract, if awarded)
Dealer/DistributorManufacturer Other
Multiple Offerors
Acting JointlySingle Offeror Acting
Alone Or As Lead
Mailing Address:
Street/PO Box City State & Zip
Physical Address:
Street City State & Zip
Toll Free Phone: Fax:
Email Address:
(4) Person who End Users will contact for product information and to get pricing quotes.
The Signatory below, on behalf of Offeror:
Signature: Title:
Printed Name: Date:
- Acknowledges having thoroughly reviewed the Invitation;
- Attests to having the authority to sign this response and commit Offeror to honor all requirements;
- Makes, under penalty of perjury, all required Offeror Certifications as detailed in General Terms;
- Certifies that all information provided in this Response is true and correct.
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I.1
Procurement No.: HT11-09
Title:
Offeror:
FORM B - HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES
Note 2: The terms "Certified" and "Listed" as used in conjunction with HUB programs relate to the process of HUB qualification
HGACBuy is comitted to promoting full and equal business opportunities for HUB contractors, and to assisting Cooperative
Purchasing Program (COOP) Members in meeting mandated HUB goals. In that regard, Contractor shall make a good faith effort
to use the services of Certified/Listed (See Note 2) HUBs whenever possible.
As part of a good faith effort, Contractor agrees to work with and assist HGACBuy Members in meeting HUB targets and goals, as
may be required by any rules, processes or programs they might have in place. Such assistance may include such things as
compliance with reporting requirements, provision of documentation, consideration of 'Certified/Listed' subcontractors, provision of
documented evidence that an active participatory role for a HUB entity was considered in a procurement transaction, etc.
Most, if not all, of the Members of HGACBuy are subject to various requirements relative to purchasing goods and services from
Historically Underutilized Business Enterprises (HUBs)(See Note 1). These requirements are promulgated by federal and state
governmental authorities, and include measureable criteria such as 'percentage of total dollars spent directed to HUBs', 'number of
HUB contractors used', 'HUB subcontractors employed by primary contractors', etc. These requirements are generally formalized
in goal oriented programs.
Note 1: There are many designations other than "HUB" used across the country within various jurisdictions. Examples include
terms such as Disadvantaged Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Woman Owned Business
Enterprise (WBE), Small Disadvantaged Business (SDB), Small, Woman or Minority-owned Business (SWAM), etc. Regardless
of the formal designation, the overall objective of the relavant programs is basically the same, i.e. to insure that disadvantaged and
underutilized members of the business community receive a fair share of public spending. The term HUB as used herein shall be
understood to encompass all such programs/business enterprises, no matter what terminology is used by the Member.
Medium and Heavy Trucks & Truck Bodies
Title: Date:
On a separate sheet, list any subcontractors that would be employed in providing products or services related to this procurement.
Include subcontractor name, designation (HUB, DBE, etc.) and certifying/listing authority.
HUB Status Of Offeror
Designation(s):
Certifying/Listing Authority(s):
Subcontracts
Note 2: The terms "Certified" and "Listed" as used in conjunction with HUB programs relate to the process of HUB qualification
review. Jurisdictions usually require that companies claiming HUB status be reviewed and confirmed as meeting certain minimum
requirements to claim that status, and that the review and confirmation process be carried out by certain designated entities. They
are then "Certified" or "Listed" by having their name included on an official listing published by the Certifying or Listing Authority.
Accepted and Agreed By:
HUB DBE MBE WBE Other
Subcontractor List attached. No Subcontractors will be used.
Offeror is a HUB, as detailed below. Offeror is not a HUB.
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I.1
Procurement No.: HT11-09
Title:
Offeror:
Initials
1
2
3
4
5
6
7
8
9
10
11
12
13
N/A
If the Non-Resident Reciprocal Bid Act applies, a copy of your state statute and a determination of the
Form CIQ, if required by law, completed and signed. Offeror should go to
A Bid/Proposal Bond, or Cashier’s Check in the amount of $3000. (A percentage bond is NOT
acceptable.)
This Response Includes:
An "Original" of all required Forms and documents, plus one copy, each in a separate hard-sided 3-ring
binder.
Per Section-A, subsection 27.d, a completed electronic copy of ALL BID DOCUMENTS (Forms and
any other documents) (e.g. CD-ROM).
For each chassis bid on Form-D, a thorough list of priced chassis manufacturer options on Form
E-1, including, as available, Natural Gas and/or LPG/Propane conversion pricing.
Specification / quote sheet for for each body option offered.
FORM C - RESPONSE CHECKLIST
Medium and Heavy Trucks & Truck Bodies
This FORM is provided to help insure that all required Response elements have been completed and included, or
certified as being available upon request. Responses that do not comply with all requirements may be considered
non-compliant. Offeror's signatory must review each item below, and certify by initialing in the space to the right.
A complete description of Offeror's "service organization", detailing support locations, hours, personnel
and parts/service availability.
Complete warranty documentation for all Products offered.
Comprehensive list of body options pricing on Form E-2.
For EACH chassis bid on Form-D, Offeror included a detailed dealer quote sheet containing a
complete description of chassis components.
Copy of all current licenses as required by the Texas Motor Vehicle Commission Code.
The required list of references.
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HT11-09
Base Unit Description
Except where noted, these are standard, 2-door, day-cab configurations, in
4x2/6x4 drive, priced without A/C (which shall be priced on Form E-1, except
where it is a standard feature - in which case Offeror shall note in bid
response). Except where noted, these shall all be priced (per Section-B) to be
D4 Ford F75W146 F75W146 Wheelbase upgrade: reg cab: 146" WB 72" CA Upgrade $
D4 Ford F75W158 F75W158 Wheelbase upgrade: reg cab: 158" WB 84" CA Upgrade $
D4 Ford 44L 44L Allison 3500 RDS 5-Sp auto Upgrade $
D4 Ford 44U 44U Allison 3500RDS 6-Sp auto Upgrade $
(5) All chassis manufacturer option priced herein:
a. Must have a unique chassis manufacturer product/part code.
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
Examples
*** Offer should reference this Invitation's Section-B, subsections 11.0 and 12.0 ***
(1) Bid each option item on a single, separate line. An allowable alternative is for Offeror to submit a complete dealer price book(s) and reference it on Form E-1,
along with a percentage-off-list on Form E-1. In this case, HGAC requests that Offeror still list (for each Base Unit bid on Form-D) the more common option
upgrades for each model (e.g. price differential for alternative transmissions, axle, 4x4/6x6, A/C, fifth wheel, et cetera, upgrades).
(2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) Options which replace standard equipment on a base bid Item on Form-D should be priced net of any credit due for the replaced item.
(4) Options should be priced at the differential amount between the base bid models' respective component and the optional (upgade/downgrade) option.
FORM E-1: Chassis Manufacturer Options Pricing Invitation #: HT11-09
Offeror Name:
HGAC LINE
ITEM PRODUCT
CODE
ASSSOCIATED
WITH OPTION
(e.g. "A1", "B1-
B3", etc.)
MANUFACTURER
OF OPTION
CHASSIS
MANUFACTURER'S
SPECIFIC PRICE
BOOK OPTION CODE
MODELOPTION DESCRIPTION OFFERED
PRICE
(5) All chassis manufacturer option priced herein:
a. Must have a unique chassis manufacturer product/part code.
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
Examples
*** Offer should reference this Invitation's Section-B, subsections 11.0 and 12.0 ***
(1) Bid each option item on a single, separate line. An allowable alternative is for Offeror to submit a complete dealer price book(s) and reference it on Form E-1,
along with a percentage-off-list on Form E-1. In this case, HGAC requests that Offeror still list (for each Base Unit bid on Form-D) the more common option
upgrades for each model (e.g. price differential for alternative transmissions, axle, 4x4/6x6, A/C, fifth wheel, et cetera, upgrades).
(2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) Options which replace standard equipment on a base bid Item on Form-D should be priced net of any credit due for the replaced item.
(4) Options should be priced at the differential amount between the base bid models' respective component and the optional (upgade/downgrade) option.
FORM E-2: Pricing for Body Options Invitation #: HT11-09
Offeror Name:
HGAC LINE
ITEM PRODUCT
CODE
ASSSOCIATED
WITH OPTION
(e.g. "A1", "B1-
B2", "All", etc.)
OVERALL
CATEGORY
(stationary
platform/stake; dump;
aerial; service / utility;
wrecker or carriers;
cement mixer; crane /
knuckleboom; water or
lube, landscape / trash
/ brush; van; or other
(specify)
BODY MFGRMODEL NAME /
NUMBER
BODY
MANUFACTURERS'
SPECIFIC PRICE
BOOK ITEM CODE
OPTION DESCRIPTION OFFERED
PRICE
service body Knapheid Model 6108D54FJ ABC123 11-ft flip top body (14000-19000
GVWR app)
carrier body Miller 15-Series carrier XYZ456 load rating: 15000# (25500# min
GVWR chassis); aluminum
platform; bed length: 19’; width:
96”
b. Must be priced only by chassis dealer bidders that are participating in the cab-chassis portion of this bid.
c. Must be inclusive of the cost of mounting and exclusive of cab-chassis (except in those cases where Offeror is pricing combo body-chassis pricing).
Examples
*** Offer should reference this Invitation's Section-B, subsection 13.0 ***
(1) Bid each option item on a single, separate line. Multiple base unit models may share a priced option (Offer should designate which product codes apply; e.g.
"ALL" or "A1-A2") (2) Insert additional lines as necessary. Do not use more than one Form-E (i.e. single, continuous form for all models). No handwritten entries.
(3) All truck bodies priced herein:
a. Must have a manufacturer model code.
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AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion Public Hearing Other
Request to Purchase one (1) 2012 In-Stock Mack
MRU 613 Cab over Engine Chassis from
Vanguard Truck Center of Phoenix for an
amount not to exceed $142,979.70
RECOMMENDATION:
Staff recommends the Mayor and City Council authorize the purchase of one (1) Mack MRU 613 truck chassis from Arizona Truck Centers (doing business as) Vanguard Truck Centers in an amount not to exceed $142,979.70. If approved, this chassis will be fitted to the EZ-Pack Front Loader Refuse body requested on a separate RCA.
DISCUSSION:
Staff is requesting authorization to purchase this truck chassis off of the Arizona State Contract # SCC090001-3. This means of purchasing financially benefits the City Of Casa Grande due to the competitive pricing offered. The specifications of this vehicle include the necessary options as required for the safe and serviceable required operations for the EZ-Pack 40 YD front loader body; that purchase is requested on a separate RCA. Also included are the 2010 Government mandated SCR Emission technology for near zero emissions; heavy-duty batteries and charging system; heavy-duty upgraded driveline & skid protection; Anti-Lock braking system; front engine Power Take Off; and upgraded rear tires. This will not only insure a longer life span, but will add to the value of the vehicle when replaced after its life cycle is complete. This vehicle has a factory 2 year/250,000 mile engine warranty standard, and included with the price is the available 5 yr/unlimited mileage warranty on the Allison Automatic Transmission. This chassis and EZ-Pack Front Load Solid Waste refuse body, if approved, will be replacing vehicle #534, a 2002 Mack Front Loader with 151,725 miles. This vehicle has met the criteria established by the City for vehicle replacement and the repairs needed exceed the value of the unit.
FISCAL IMPACT:
Staff budgeted $265,000 for this combined purchase in FY 11. Those funds were Carry-forward into FY 12 due to the timing of this purchase. Total expense for both body and chassis if approved will be $241,483.99. Once vehicle #534 is removed from service, it will be sold in order to recover as much revenue as possible.
Date Submitted: 8/15/2011 Date Requested: 10/3/2011
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ALTERNATIVES:
Deny Purchase Bid out complete truck and body Purchase Chassis through H-GAC Consortium Prepared by: Recommended by: Approved by:
David Standridge
Kevin Louis
Jim Thompson Fleet Services Supervisor Director of Public Works City Manager
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
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I.2
ORDINANCE NO.__________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, ACCEPTING A BID FROM ARIZONA TRUCK CENTERS DBA VANGUARD TRUCK CENTERS FOR THE PURCHASE OF ONE (1) 2012 IN-STOCK MACK MRU 613 CAB OVER ENGINE CHASSIS; AUTHORIZING THE EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $142,979.70; AND AUTHORIZING EXECUTION OF A CONTRACT WITH, OR PURCHASE ORDER TO, ARIZONA TRUCK CENTERS DBA VANGUARD TRUCK CENTERS IN ACCORDANCE WITH THE TERMS SUBMITTED TO THE ARIZONA STATE BID LIST.
BE IT ORDAINED by the Council of the City of Casa Grande, Arizona, as follows: The Mayor and Council of the City of Casa Grande hereby authorize:
1. Accepting the bid for one (1) 2012 In-Stock Mack MRU 613 Cab Over Engine
Chassis for the City’s Solid Waste Division, as submitted to the Arizona State Bid List from Arizona Truck Centers dba Vanguard Truck Centers.
2. Expenditure of public funds in an amount not to exceed $142,979.70.
3. Execution by the City Manager of an agreement with, or Purchase Order to, Arizona
Truck Centers dba Vanguard Truck Centers in accordance with the terms and conditions contained in its bid to the Arizona State Procurement Office (Procurement Contract No. SCC090001-3), identified in City records as C.G. Contract No. __________.
PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande, Arizona, this _____ day of October, 2011. ______________________________ Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ City Clerk, MMC City Attorney PW O-Arizona Truck Centers dba Vanguard Truck Centers for 2012 Mack MRU 613 Cab Over Engine Chassis
Organization: Arizona Department of Transportation
Department: 0140 - Procurement Location: 005A - Professional Services
Type Code: Statewide
Alternate ID: Entered Date:
01/15/2009 04:04:39 PM
Control Code:
Days ARO: 120 Retainage %:
0.00% Discount %: 0.00%
Print Dest Detail: If Different
Catalog ID: Release Type:
Direct Release Pcard Enabled:
Yes
Contact Instructions:
Tax Rate: Actual Cost: $0.00
Master Blanket/Contract End Date (Maximum):
Project No.:
Special Purchase Types:
PIJ NUMBER:
Attachments: 2009 Cab and Chassis Evaluation Spreadsheet.xls, Additional Special Instructions to Offerors.doc, Additional Special Terms and Conditions.doc, Cab & Chassis Specification Sheet REVISED.xls, Questionnaire #1 Cab & Chassis.doc, SCC090001-3_CON.pdf, SCC090001 Evaluation Report and Award Summary.pdf, Specifications, Medium and Heavy Duty Chassis.doc, Contract Extension, 2011 MACK Cab and Chassis Pricing.xls
Primary Vendor Information & PO Terms
Vendor: 9000019779 - ARIZONA TRUCK CENTER INC Dan Kingston 2402 S. 19TH ave PHOENIX, AZ 85009 US Email: [email protected]
Payment Terms:
Net 30 Shipping Method:
Shipping Terms:
Freight Terms:
Page 1 of 3State of Arizona - Master Blanket
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NIGP Code: 072-08 Class 8 Trucks (33,001 lb. GVWR and Over)
Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost
Quantity 0.0 $89,948.00 EA - Each 0.00 $0.00 $0.00 $0.00
Manufacturer: Brand: Model:
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Organization: Arizona Department of Transportation
Department: 0140 - Procurement Location: 005A - Professional Services
Type Code: Statewide
Alternate ID: Entered Date:
01/15/2009 04:04:39 PM
Control Code:
Days ARO: 120 Retainage %:
0.00% Discount %: 0.00%
Print Dest Detail: If Different
Catalog ID: Release Type:
Direct Release Pcard Enabled:
Yes
Contact Instructions:
Tax Rate: Actual Cost: $0.00
Master Blanket/Contract End Date (Maximum):
Project No.:
Special Purchase Types:
PIJ NUMBER:
Attachments: 2009 Cab and Chassis Evaluation Spreadsheet.xls, Additional Special Instructions to Offerors.doc, Additional Special Terms and Conditions.doc, Cab & Chassis Specification Sheet REVISED.xls, Questionnaire #1 Cab & Chassis.doc, SCC090001-3_CON.pdf, SCC090001 Evaluation Report and Award Summary.pdf, Specifications, Medium and Heavy Duty Chassis.doc, Contract Extension, 2011 MACK Cab and Chassis Pricing.xls
Primary Vendor Information & PO Terms
Vendor: 9000019779 - ARIZONA TRUCK CENTER INC Dan Kingston 2402 S. 19TH ave PHOENIX, AZ 85009 US Email: [email protected]
Payment Terms:
Net 30 Shipping Method:
Shipping Terms:
Freight Terms:
Page 1 of 3State of Arizona - Master Blanket
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NIGP Code: 072-08 Class 8 Trucks (33,001 lb. GVWR and Over)
Receipt Method Qty Unit Cost UOM Discount % Total Discount Amt. Tax Rate Tax Amount Total Cost
Quantity 0.0 $88,548.00 EA - Each 0.00 $0.00 $0.00 $0.00
Manufacturer: Brand: Model:
Page 2 of 3State of Arizona - Master Blanket
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Additional Special Instructions to Bidders, Solicitation Number SCC090001 1 of 1
ADDITIONAL SPECIAL INSTRUCTIONS TO BIDDERS Solicitation Number: SCC090001 Procurement Officer: Susanna Hernandez, CPPB Agency: Arizona Department of Transportation PRICE SHEETS A vehicle pricing document in WORD format is listed under the Attachment section of the solicitation. Bidders are required to submit all pricing for each vehicle bid on this document. Bidders may duplicate price sheets in order to add additional vehicles. Failure to provide the pricing document shall result in bid rejection. VEHICLE SPECIFICATION SHEETS Bidders are required to submit a vehicle specification sheet for EACH vehicle offered. Bidders shall indicate MEETS or CONFORMS for the minimum vehicle equipment requirements identified in the Specifications, Paragraph 6. Failure to submit the vehicle specification sheet may result in bid rejection.
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Additional Special Terms and Conditions, Solicitation Number SCC090001 1 of 7
ADDITIONAL SPECIAL TERMS AND CONDITIONS Solicitation Number: SCC090001 Procurement Officer: Susanna Hernandez, CPPB Agency: Arizona Department of Transportation CHANGES The State reserves the right to revise the delivery and schedule and make other changes within the general Scope of Work as may be deemed necessary to best serve the interest of the State. All changes shall be documented by formal amendments to the contract. OUTRIGHT PURCHASE The successful contractor(s) shall be authorized to sell vehicles on an outright purchase basis only. No financing or installment payments are a part of this agreement. Title shall transfer to the ordering entity at the time of acceptance, or when the vehicle(s) is accepted at the user's site. ORDER GUIDES Contractor shall be responsible for furnishing a copy of the manufacturers order guide, at no charge, upon request by any State agency or eligible political subdivision
SPECIAL PAINT REQUIREMENT There may be a requirement for special paint for some fleet vehicles, i.e., special highway yellow and special agency fleet colors. An increase of no more than thirty (30) days over the required delivery time will be allowed for this requirement. Contractors shall indicate on Questionnaire #1 if there are quantity requirements or an additional cost for special fleet colors. If no information is entered on the Questionnaire, it will be understood that there is no quantity requirement or additional cost. SPECIAL TITLE REQUIREMENT There may be a requirement for the title on some vehicles purchased to be titled to other than the ordering agency. The State has programs that require equipment purchased from special funds be returned to the State's communities. These purchases will be made for authorized political subdivisions. TIRES All spare tires and wheels shall be factory supplied, or if dealer installed, match the OEM tires and wheels contained on the vehicle. Note: Spare tires for trucks must be full size tire and wheel identical to factory OEM. Waste tire fee - As referenced under A.R.S. 44-1302, the waste tire fee shall not exceed $1.00 for each new tire contained on or in new vehicles for any GVW.
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Additional Special Terms and Conditions, Solicitation Number SCC090001 2 of 7
VEHICLE CONTRACTS PHASE I AND PHASE II (INCLUDING PURCHASES FROM STOCK) The State of Arizona will continue to have two-phase contracts for vehicles. The intent of the two-phase contract is to allow state agencies and political sub-divisions vehicle contract coverage for a full 12-month period. Phase I will take effect upon award of this Invitation for Bid and shall expire on the factory cut-off date. Additional manufacturer options or upgrades which may be purchased during the term of the contract shall be priced from the "Invoice" column of the Kelley Blue Book, New Price Manual for current models. The prices used shall be from the current publication of the Kelley Blue Book that includes the vehicle in question. Contractor shall also offer all option package discounts or additional factory incentives that may be available to contract users at the time purchase order is placed. All prices, which are stated in the Kelley Blue Book New Price Manual, shall be considered correct unless otherwise documented in writing to ordering entity for review and approval. If pricing is not available for the Kelley Blue Book for options at the time of order, then dealer invoice shall prevail and shall be submitted to the ordering agency. The dealers’ invoice shall be unaltered to include original pricing from the manufacturer. Options will be added or deleted accordingly. Failure to price in this manner may be cause for contract cancellation. Additional non-manufacturer accessories, options or upgrades to be purchased from the Contractor for installation on a vehicle purchased under this contract shall be priced at documented dealer’s cost with no additional profit. The justification for these costs is at the discretion of the ordering agency VEHICLE PRICING - PHASE II OR PURCHASES FROM STOCK Purchases from dealer’s stock may occur at any time during the contract, including during Phase II, which will be effective upon the expiration date of Phase I and will expire upon the award of the succeeding year vehicle contract. State agencies and political subdivisions have historically purchased many vehicles during the Phase II portion of the contract. It is imperative that bidders/contractors view this portion of the contract as a Contractual Requirement. Vehicles in the Phase II/purchase from stock portion of the contract shall be priced as follows: The Phase II, or purchase from stock, contract price for the vehicles will be the dealers cost as shown on the manufacturer’s invoice for the vehicle in question, less the manufacturer’s bid assistance available for that model/power-train combination plus dealer margin for the applicable contract item number. Contractor shall provide a copy of manufacturer’s invoice to the ordering agency. The manufacturer’s invoice shall be unaltered to include original pricing from the manufacturer. Failure to price in this manner may be cause for contract cancellation. Transportation costs to transfer a vehicle from another dealer for a Phase II or purchase from stock may be added to the cost of the vehicle. The justification for this cost is at the discretion of the ordering agency.
VEHICLE CLOTH SEATS Dealer installed cloth inserts will be acceptable in place of manufacturer-installed cloth seats provided the fabric used is of automotive grade, and installation is performed at a standard equal to or exceeding that
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Additional Special Terms and Conditions, Solicitation Number SCC090001 3 of 7
performed at a standard equal to or exceeding that performed by the manufacturer. Fabric types and colors used shall coordinate with original OEM standard for the vehicle specified. VEHICLE DECALS Decals or markings of any type pertaining to advertisement other than the manufacturer's name or model designation normally installed by the manufacturer on equipment shall not be attached to any vehicle. VEHICLE DEFICIENCY RESPONSE Each item delivered shall be subject to a complete inspection by the ordering agency prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Ten (10) calendar days shall be allowed for this process. If delivered equipment is returned to the contractor prior to acceptance for any reason, additional periods of thirty (30) calendar days shall be allowed for inspection when subsequent deliveries occur. All corrections shall be made within seven (7) calendar days of reported deficiency. All corrections shall be made without any inconvenience to the State. VEHICLE DOCUMENTATION The Contractor shall include in each vehicle an owner, operator and maintenance manual. This shall include all standard manufacturer literature normally furnished with the purchase of a new vehicle at the time of delivery. VEHICLE EXTENDED WARRANTIES Warranties and service contracts may be offered as optional items where indicated on the Price Sheets. These items are optional and justification for these costs is at the discretion of the ordering agency. The warranty contract shall pay for the repair or replacement of any covered parts that are defective in materials or workmanship, except for the first stated deductible per eligible repair visit. Covered repairs will not be charged more than one deductible per visit, even if more than one component is repaired. 1. Characteristics: Major components that shall be covered by the extended warranty contract:
A. Engine - Cylinder block, heads, all internal lubricated parts, manifolds, timing gear and chain or belt, flywheel, valve covers, oil pan, timing chain cover, oil pump, seals and gaskets, water pump, fuel pump, tank, line and radiator.
*Not included are the carburetion and gasoline or diesel fuel injection components.
B. Transmission - Transmission case and all internal parts, including torque converter, transfer
case, seals and gaskets. C. Rear wheel drive - Drive axle housing, including all internal parts, universal joints, axle
shafts, wheel bearings and retainers, seals, gaskets, drive shaft, and constant velocity joints.
D. Steering - Power steering pump, cooler and lines. Manual and power steering gear housing
(and all internal parts), linkages, control valve and cylinder, main and intermediate steering shafts and couplings.
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Additional Special Terms and Conditions, Solicitation Number SCC090001 4 of 7
E. Front suspension - struts, upper and lower control arms, control arm shafts and bushings,
upper and lower ball joints, king pins and bushings, spindle and spindle supports, stabilizer shaft, linkage and bushings.
*Not included are front-end alignment, wheel balance, and the replacement of shock absorbers.
F. Brakes - Master cylinder, power booster, calipers and wheel cylinders, combination valve,
all lines and fittings, backing plates, springs, clips and retainers, self adjusters, parker brake linkage, cables and anti-lock brake components.
*Excludes linings, pads, drums, and rotors (except when required in conjunction with a repair to a covered part).
G. Air conditioning - Compressor and compressor seals, condenser evaporator, clutch, pulley
and heater blower.
H. Electrical - Alternator, starter motor, voltage regulator, wiper motors, electronic ignition module, manually operated switches, heated backglass and wiring harnesses.
I. Other - Power windows, components and cruise control.
J. Towing expenses.
2. PLEASE NOTE: The above referenced extended warranty package of 60 or 72 month and/or
100,000 miles may be offered as an "option." Contractors may also offer 36 month and/or 36,000 miles and 48 month and/or 48,000 miles Service Agreements in the areas provided on the Price Sheets.
VEHICLE FEDERAL EXCISE TAX EXEMPTION The State of Arizona and its political subdivisions are exempt from federal excise tax in the case of sales of articles to state agencies or political subdivision for use in the exercise of essential government functions. It is agreed that where articles purchased tax-free under the exemption are used for purposes other than in the exercise of essential functions, or are sold to employees or others, the user will report such facts to the vendor. VEHICLE FLUID REQUIREMENTS Contractor shall be responsible for notification of special fluid requirements that are necessary to maintain standard and extended warranties and service agreements. i.e. transmission fluid, anti-freeze, oils and lubricants that must be OEM only.
VEHICLE/EQUIPMENT INSPECTION
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Additional Special Terms and Conditions, Solicitation Number SCC090001 5 of 7
Contractor shall retain title and control of all goods until they are delivered, inspected and accepted. All risk of transportation and related charges shall be the responsibility of the contractor. The contractor shall file all claims for visible and concealed damage. The State will notify the contractor promptly of any damaged goods and shall assist the contractor in arranging for inspection. Each vehicle delivered shall be subject to a complete inspection by the ordering agency prior to acceptance. Inspection criteria shall include, but not be limited to, conformity to the specifications, mechanical integrity, quality, workmanship and materials. Ten (10) calendar days shall be allowed for this process if delivery is for 10 vehicles or less. When delivery exceeds 10 vehicles per day, there will be an allowance of 30 days. If delivered equipment is returned to the contractor prior to acceptance for any reason, additional periods of thirty (30) calendar days shall be allowed for inspection when subsequent deliveries occur. All corrections shall be made within seven (7) calendar days of reported deficiency. All corrections shall be made without any inconvenience to the State. VEHICLE IN-SERVICE NOTIFICATION Vehicles not placed in service immediately upon receipt shall be warranted from the date the vehicle is placed in service. The receiving agency shall notify the vendor or manufacturer in writing of the actual in-service date, on forms to be provided for such purpose upon request by agency. VEHICLE NEW AND CURRENT MODELS All vehicles shall be the manufacturer's current models in production at the time of delivery. All vehicles shall be new and unused and equivalent in style and quality to those offered to the general public. VEHICLE OPTIONAL EQUIPMENT All optional equipment and accessories shall be original equipment from the manufacturer and installed at the factory unless otherwise specified. VEHICLE SAFETY ENHANCEMENTS All vehicles purchased under any resultant contract shall be equipped with the latest OEM safety enhancements available at the time of delivery. Option packages which include ABS brakes, side curtain air bags, daytime running lamps, reverse sensing systems, etc., shall be listed on the Vehicle Specification Sheet. VEHICLE RECALL NOTICES In the event of any recall notice, technical service bulletin, or other important notification affecting a vehicle purchased from any resultant contract, a notice shall be sent to the purchasing agency listed on each applicable purchase order. Each notice shall reference the affected purchase order and vehicle identification number. The Contractor shall provide and retrofit at no cost to the State all vehicles purchased under this contract with vehicle safety enhancements as a result of the recall. VEHICLE SERVICE REQUIREMENTS
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Additional Special Terms and Conditions, Solicitation Number SCC090001 6 of 7
All vehicles shall be completely assembled, serviced, adjusted and all equipment including standard and optional equipment shall be installed and the units made ready for continuous operation. Servicing shall include: A. Complete Lubrication B. Checking of all fluid levels to insure that they are filled to the manufacturer's recommended
capacity. C. Full tank(s) of fuel, less delivery fuel. D. Engine adjustment to proper operation condition. E. Tire inflation to correct pressure. F. Checking of all mechanical and electrical operations. G. Checking for any appearance defects. H. Cleaning, removal of all unnecessary tags and stickers, washing if necessary. VEHICLE SHOP MANUALS The successful Bidder shall provide order forms for shop manuals to requesting agencies. Each individual agency shall be responsible for all standard costs. WARRANTY
Contractor shall be fully responsible for any and all warranty work, regardless of whether or not manufacturers of the equipment and/or its component parts, provide the actual warranty coverage. In addition, Contractor shall have or establish a single, local Phoenix source that will accomplish or coordinate any necessary warranty work. Contractor shall respond to requests for warranty assistance within twenty-four (24) hours.
The Contractor shall supply a minimum twelve (12) month warranty on all parts and workmanship from the initial in-service date as reported by the ordering agency. If manufacturer’s standard warranty exceeds twelve months, the Department shall be afforded that coverage. The Contractor shall guarantee further that the equipment to be supplied complies with all applicable regulations. The Contractor warrants:
1. That all services performed hereunder shall conform to the requirements of this contract and
shall be performed by qualified personnel in accordance with the highest professional standards.
2. That all items furnished hereunder shall conform to the requirements of this contract and shall be free from defects in design materials and workmanship.
3. The warranty period on workmanship and materials shall be a minimum of twelve (12) months from the initial in-service date as recorded by the ordering agency. The Contractor agrees that he will, at his own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. The Contractor shall guarantee the equipment to be supplied, complies with all applicable regulations.
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Additional Special Terms and Conditions, Solicitation Number SCC090001 7 of 7
4. The Contractor shall inform the ordering agency, of any “inherent” engineering defects, which arise during the life cycle of the equipment. If the manufacture neglects or fails to correct the defect(s) during the life cycle of the equipment, his responsibility shall continue until such time as it takes to correct the defect(s). The manufacture shall respond and administrate an effective solution to these problems in a “conscionable manner”, that is mutually agreed upon by both parties. Additionally, the Contractor shall respond to all agency-identified “inherent” engineering defects, which arise during the life cycle of the equipment.
5. The Contractor shall submit to the ordering agency “on a continuing basis”, all Service Bulletins
and Technical Letters as regularly issued by the manufacture to dealers or large fleets. All the relevant information shall be supplied for the unit(s) bid to inform the ordering agency of any improvements, changes and/or problems concerning the unit and its component parts.
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MEDIUM DUTY
SPECIFY
Manufacturer/Model:
Description:
LIST ALL STANDARD
FACTORY EQUIPMENT
Wheelbase: Specify in
inches
Battery:
GVWR: Specify in lbs
GAWR Front: Specify in lbs
GAWR Rear: Specify in lbs
Doors: Specify how many
Engine: specify size &
cylinders
Air Conditioning: Per Specifications 6.5
Alternator: Specify
amperage at idle and max
output
Axle Ratio: Specify ratio
Brakes
Bumpers
Accessory Outlet
Clock
Cooling
Cruise Control Per Specifications 6.3
Defroster
Differentials
Fuel Tank: Indicate
Capacity
Floor Covering: Specify
Rubber or Carpet
Glass: Per Specifications 6.8
Four (4) keys Per Specifications 6.4
Locking System:
Rear view Mirrors Per Specifications 6.7
Mirror:
Moldings:
Radio:
Cloth Seats, Front and Rear Per Specifications 6.6
Speedometer: Indicate
Mechanical, Digital or
Electronic
Steering:
Suspension Package:
Tires: Steel Belted Radials
Indicate Quantity
Spare Tire/Wheel: Indicate
Size - Optional or Standard
Automatic Transmission Per Specifications 6.2
Windshield Wipers:
Cooler engine oil
Cooler P/S aux
Cooler Transmission
Steering wheel: Indicate
Tilt, Telescopic or other
OPTIONS: PLEASE INCLUDE OPTION
SHEET FOR EACH VEHICLE
OFFERED
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HEAVY DUTYMEETS
MEETS MEETSMEETS
SPECIFY
Manufacturer/Model: MACK TRUCKS
MACK TRUCKS MACK TRUCKS MACK TRUCKS
Description: GU 713
FRONT AXLE FORWARD
GU 813 FRONT AXLE BACK MRU 613 CAB OVER LEU 613 CAB OVER LOW ENTRY
Cloth Seats, Front and Rear MEETS MEETS MEETS MEETS
Speedometer: Indicate
Mechanical, Digital or
Electronic MEETS MEETS MEETS MEETS
Steering: MEETS MEETS MEETS MEETS
Suspension Package:
SPRING SPRING SPRING SPRING
Tires: Steel Belted Radials
Indicate Quantity 10
10 10 10
Spare Tire/Wheel: Indicate
Size - Optional or Standard
OPTIONAL OPTIONAL OPTIONAL OPTIONAL
Automatic Transmission MEETS MEETS MEETS MEETS
Windshield Wipers: MEETS MEETS MEETS MEETS
Cooler engine oil MEETS MEETS MEETS MEETS
Cooler P/S aux MEETS AS OPTION MEETS AS OPTION MEETS AS OPTION MEETS AS OPTION
Cooler Transmission MEETS MEETS MEETS MEETS
Steering wheel: Indicate
Tilt, Telescopic or other
TILT AND TELESCOPIC
TILT AND TELESCOPIC FIXED FIXED
OPTIONS: MP7—ENGINES
MODEL HORSEPOWER
MACK
MP7-345C
A SALES ENGINEERING
PUBLICATION
The information in this brochure
was a ccurate as known as of
AVAILABLE DRIVELINE
COMPONENTS
MRU613
CABOVER 6X4
MP7—ENGINES
MODEL HORSEPOWER
MACK
MP7-345C
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ContractSolicitation # SCC090001−A1
Special InstructionsAdditional Special InstructionsBidders shall see the Attachments within the Solicitation for Additional Special Instructions associated with this Solicitation.
Attachment FormatsAll attachments shall be submitted in a format acceptable to the State. Acceptable formats include .doc document (MicrosoftWord 2000, XP, or 2003); .xls spreadsheet (Microsoft Excel 2000, XP, or 2003), and .pdf (Adobe Acrobat portable documentformat). Prospective bidders that wish to submit attachments in other formats shall submit an inquiry to the ProcurementOfficer.
Attachment(s) to be SubmittedBidders shall complete and include all attachments with their bid. Failure to include all required attachments may result in bidrejection.
Electronic DocumentsThis solicitation document is provided in an electronic format. Any unidentified alteration or modification to any solicitationdocuments, to any attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. In thoseinstances where modifications are identified, the original document published by the State shall take precedence. Asprovided in the Uniform Instructions to Offerors, offerors are responsible for clearly identifying any and all changes ormodifications to any solicitations document upon submission to the State.
Federal Immigration and Nationality ActBy signing the Offer the Offeror warrants that it and all proposed subcontractors are in compliance with the FederalImmigration and Nationality Act (FINA) and all other Federal immigration laws and regulations related to the immigrationstatus of its employees. The Offeror shall obtain statements from all proposed subcontractors certifying compliance with thisrequirement and shall furnish the statements to the Procurement Officer upon request.
IT 508 ComplianceAny electronic or information technology offered to the State of Arizona under this solicitation shall comply with A.R.S.41−2531 and 2532 and Section 508 of the Rehabilitation Act of 1973, which requires that employees and members of thepublic shall have access to and use of information technology that is comparable to the access and use by employees andmembers of the public who are not individuals with disabilities. Any exceptions shall be declared in writing in the offer.
Offshore Performance of WorkDue to security and identity protection concerns, direct services under this contract shall be performed within the borders ofthe United States. Any services that are described in the specifications or scope of work that directly serve the State ofArizona or its clients and may involve access to secure or sensitive data or personal client data or development ormodification of software for the State shall be performed within the borders of the United States. Unless specifically statedotherwise in the specifications, this definition does not apply to indirect or 'overhead' services, redundant back−up servicesor services that are incidental to the performance of the contract. This provision applies to work performed by subcontractorsat all tiers. Offerors shall declare all anticipated offshore services in the proposal.
Payment DiscountsBidder(s) should indicate any prompt payment discount terms in the payment terms section of the solicitation.
SPIRIT Confidential Information SectionAny portion of your proposal that you consider of a Confidential nature shall be cut from its document of origin and pastedwithin the Confidential section. Reference to its location within the document of origin must be submitted for reference.
Any attachment that has confidential information within it cannot be removed once your Proposal has been submitted.
Any information contained in the Confidential Information section, is viewable only by appropriate procurement staff andevaluators.
Value In ProcurementThrough the Governor's Efficiency Review initiative, the State Procurement Office has established the Value in Procurement(VIP) Committee. A major initiative of the VIP Committee is to aggregate specific procurements to increase efficiency and cutcosts. The VIP Committee has designated the Arizona Department of Transportation as a Strategic Contracting Center forPassenger Vehicles. Any contract resulting from this IFB shall become a statewide contract for use by all State agencies,and optional for cities, counties and school districts and other political subdivisions.
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Offer Submission, Due Date and TimeIn accordance with the Uniform Instructions 3.1, offers in response to this solicitation shall be submitted within the State'seProcurement system, SPIRIT (www.spirit.az.gov). Offers shall be received before the date/time listed in the solicitation's'Date To Close' field. Offers submitted outside SPIRIT, or those that are received on or after the date/time stated in the 'DateTo Close' field, shall be rejected. Questions in this regard shall be directed to the Procurement Officer or to the SPIRIT HelpDesk ([email protected] or 602−542−7600).
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ContractSolicitation # SCC090001−A1
Special Terms and ConditionsBID EVALUATIONIn accordance with the Arizona Procurement Code 41−2533, Competitive Sealed Bidding, awards will be made to the lowestresponsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth inthe Invitation For Bid.BillingAll billing notices shall include delivery time, and contractual payment terms. Items are to be identified by the name, modelnumber, contract number, line item number, and serial number if applicable. Any contract release order issued by therequesting agency shall refer to the contract number and line item number(s).CancellationThe State reserves the right to cancel the whole or any part of the contract due to failure of the Contractor to carry out anyterm, promise, or condition of the contract. The State will issue a written ten (10) day notice of default to the Contractor foracting or failing to act as in any of the following:The contractor provides material that does not meet the specifications of the contract;The contractor fails to adequately perform the services set forth in the specifications of the contract;The contractor fails to complete the work required or furnish the materials required with in the time stipulated by the contract;The contractor fails to make progress in the performance of the contract and/or gives the state reason to believe that thecontractor will not or cannot perform to the requirements of the contract.Upon receipt of the written notice of concern, the contractor shall have ten (10) days to provide a satisfactory response to thestate. Failure on the part of the contractor to adequately address all issues of concern may result in the state resorting to anysingle or combinations of the following remedies.1. Cancel any contract;2. Reserve all rights or claims to damage for breach of any covenant of the contract;3. Perform any test or analysis on materials for compliance with the specifications of the contract. If the result of any testconfirms a material no�compliance with the specifications, any reasonable expense of testing shall be borne by thecontractor;4. In case of default, the state reserves the right to purchase materials, or to complete the required work in accordance withthe Arizona Procurement Code. The state may recover reasonable excess costs from the contractor by;A. Deduction form an unpaid balance;B. Collection against the bid and/or performance bond; orC. Any combination of the above or any other remedies as provided by law.Cancellation For Possession Of Weapons On State PropertyThis contract may be cancelled if contractor or any subcontractors or others in the employ or under the supervision of thecontractor or subcontractors is found to be in possession of weapons.Possession of weapons (firearms, explosive device, knife or blade of more than three inches, or any other instrumentdesigned for lethal or disabling use) is prohibited on State property pursuant to A.R.S. §13�3102. Such property includesState owned or leased office building, yards, parking lots, construction sites or state owned vehicles.Further, if the contractor or any subcontractors or others in the employ or under the supervision of the contractors orsubcontractors are asked by an State official to leave the State property, they are advised that failure to comply with such arequest shall result in cancellation of the contract and anyone who refuses, whether armed or not, is subject to prosecutionunder A.R.S. § 13�1502, 'Criminal trespass in the third degree; classification.'Confidentiality of RecordsThe contractor shall establish and maintain procedures and controls acceptable to the State for the purpose of assuring thatinformation or data in its possession is not mishandled, misused, released, disclosed, or used in an inappropriate manner byit, its agents, officers, or employees. This includes information contained in its records obtained from the State or others,necessary for contract performance. The contractor shall take all reasonable steps and precautions to safeguard thisinformation and data and shall not divulge the information or data to parties other than those needed for the performance ofduties under the contract.ContrabandAny person who takes into or out of, or attempts to take into or out of a correctional facility or the grounds belonging toadjacent to a correctional facility, any item not specifically authorized by the correctional facility shall be prosecuted underthe provisions of the Arizona Revised Statutes. All persons, including employees and visitors, entering upon these confinesare subject to routine searches of their person, vehicles, property of packages.
DEFINITION − A.R.S. ¦ 13−2501
Contraband means any dangerous drug, narcotic drug, intoxication liquor of any kind, deadly weapon, dangerous instrument,explosive or any other article whose use or possession would endanger the safety, security, or preservation of order in acorrectional institution or any person therein. (Any other article includes any substance which could cause abnormalbehavior, i.e. marijuana, non−prescription medication, etc.)
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PROMOTING PRISON CONTRABAND − A.R.S. ¦ 13−2505
1. A person, not otherwise authorized by law, commits promoting prison contraband:
A. By knowingly taking contraband into a correctional facility or the grounds of such a facility; or
B. By knowingly conveying contraband to any person confined in a correctional facility; or
C. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility.
2. Promoting prison contraband is a Class 5 felony.Contract AdministrationFollowing award, the contractor shall contact the ADOT Procurement Group for guidance or direction in matters of contractinterpretation or problems regarding the terms, conditions or scope of the contract. Only the Procurement Officer or his/hersauthorized designee is authorized to change or amend the specific terms, conditions or provisions of the agreement.Contract ExtensionBy mutual written contract amendment, any resultant contract may be extended for supplemental periods of up to amaximum of forty�eight (48) months.
The State reserves the right to unilaterally extend the period of any resultant contract for thirty�one (31) days beyond thestated expiration date.Current ModelsAll bids submitted in response to this solicitation shall be in current and ongoing production; shall have been formallyannounced for general marketing purposes; shall be a model or type currently functioning in a user (payingcustomer)environment and capable of meeting or exceeding all specifications and requirements set forth in this solicitation.Dealership, Participating Service and Delivery Locations1. The contractor may submit, at any time during the contract period, new dealership, participating service and deliverylocations that will be used as subcontractors for both product deliveries and drive in service centers under the contract.Request are to be submitted electronically and shall contain:
1.1. The dealer or outlet name;
1.2. Location (physical address);
1.3. Telephone/fax numbers and e−mail information;
1.4. Key personnel at that location;
3. Approval shall be in the form of a contract amendment, and shall become effective on the date specified in theamendment.
Delivery (Minimum)A. Delivery location shall be identified on the issuing agency purchase order. Deliveries shall be made within 120 days ofreceipt of purchase orders, unless factory delays make this impossible. Dealer shall notify the ordering agency of suchdelays along with revised delivery estimate from factory immediately after it becomes known. If manufacturer has a websiteavailable to check order status, this information will be shown in space provided on Questionnaire #1.
B. All deliveries shall be made Monday through Friday from 8:00 A.M. to 2:00 P.M. Successful offeror(s) shall be required togive the ordering agency a minimum of 24�hour notification prior to delivery with the anticipated time of delivery and quantityof units to be delivered.
C. All vehicles shall be delivered with four (4) keys and if applicable two (2) keyless entry remotes, and fuel capacity for caband chassis shall be at half a tank.
D. The following documents shall be provided upon delivery of the vehicle(s):
1. M.S.O. (Manufacturer Statement of Origin) � must include the odometer statement;2. Warranty Document;3. Manufacturers unaltered invoice;4. The retail price label must be affixed to the window of all vehicles delivered.5. Delayed warranty / in service start request form (if requested by ordering entity).Electronic Ordering Systems
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1. Systems that provide electronic commerce assistance for the electronic submission of purchase orders, purchase ordertracking and reporting available through a contractor's Electronic Data Interchange (EDI) system or secured internet/webportal. This provision shall only apply to those contractors who have such systems available under the contract. Thecontractor's system, at a minimum shall:
1.1. Be made available to all eligible agencies. Utilization shall be the sole discretion of the eligible agency;
1.2. Be implemented with a training program to the agency on how to use the system;
1.3. Be maintained by the contractor;
1.4. Be a secure connection;
1.5. Not allow for purchase orders to be placed for non−contract or excluded items.
1.6. Provide multiple or individual access to the system (agency elect);
2. Eligible agencies may elect, at their own discretion to utilize the contractor's electronic ordering system. Should an eligibleagency elect to use the system they shall do so by formal request to the contractor.
2.1. Upon receipt of the request the contractor shall have the system fully installed and functioning within 30 day from receiptof the request, or as mutually agreed upon between the agency and the contractor.
2.2. Initial training shall either be performed upon completion of the installation or as mutually agreed upon between theagency and the contractor.
3. Upon contract termination or at the request of an agency the contractor shall uninstall all features of the system within 30days.
4. Contractors not having electronic ordering systems at time of award but who may wish to offer such, may do so at anytime during the contract period by providing a written request to the contract specialist of record. Systems offered shall meetall criteria established above. Incorporation of the offered system shall be in the form of a contract amendment.
5. All cost associated with installation, training, maintenance, support and removal of such systems shall be borne by thecontractor
Eligible Agencies (Identified)Any contract resulting from this solicitation shall be for the use of all State of Arizona departments, agencies and boards. Inaddition, eligible universities, political subdivisions and nonprofit educational or public health institutions may participate attheir discretion. In order to participate in any resultant contract, a university, political subdivision or nonprofit educational orpublic health institution must have entered into a cooperative purchasing agreement with the State Procurement Office asrequired by Arizona Revised Statutes §41�2642.
Per Arizona Revised Statutes §41�803 State agencies eligible by law to purchase vehicles through any contract awardedfrom this solicitation are:
Department of AdministrationDepartment of CorrectionsDepartment of Public SafetyDepartment of TransportationDepartment of Economic SecurityAZ State Schools for the Deaf and the BlindDepartment of Game and FishAHCCCSState Compensation FundUniversities and Community Colleges
Estimated Quantites (General)This solicitation references quantities as a general indication of the needs of the state. The State anticipates considerableactivity resulting from contracts that will be awarded as a result of his solicitation; however, the quantities shown areestimates only and the State reserves the right to increase or decrease any quantities actually acquired. No commitment ofany kind is made concerning quantities and that fact should be taken into consideration by each potential contractor.Federal Immigration and Nationality Act
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By entering into the Contract, the Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA)and all other Federal immigration laws and regulations related to the immigration status of its employees. The Contractorshall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the ProcurementOfficer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and itssubcontractors shall also maintain Employment Eligibility Verification forms (I−9) as required by the U.S. Department ofLabor's Immigration and Control Act, for all employees performing work under the Contract. I−9 forms are available fordownload at USCIS.GOV.
The State may request verification of compliance for any Contractor or subcontractor performing work under the Contract.Should the State suspect or find that the Contractor or any of its subcontractors are not in compliance, the State may pursueany and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default,and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of theContractor.INDEMNITYContractor shall indemnify, defend, save and hold harmless the State of Arizona, its departments, agencies, boards,commissions, universities and its officers, officials, agents, and employees (hereinafter referred to as Indemnitee) from andagainst any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys fees, andcosts of claim processing, investigation and litigation) (hereinafter referred to as Claims) for bodily injury or personalinjury(including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or inpart, bythe negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees orsubcontractors.
This indemnity includes any claim or amount arising out of or recovered under the Workers Compensation Law or arisingout of the failure of such contractor to conform to any federal, state or local law, statute, ordinance, rule, regulation or courtdecree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solelyfrom the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and allclaims. It is agreed that Contractor will be responsible for primary loss investigation, defense and judgment costs where thisindemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights ofsubrogation against the State of Arizona, its officers, officials, agents and employees for losses arising from the workperformed by the Contractor for the State of Arizona.
This indemnity shall not apply if the contractor or sub�contractor(s) is/are an agency, board, commission or university of theState of Arizona.
InsuranceWithin five (5) days of notification, the Offeror shall submit a copy of the attached Certificate of Insurance, Exhibit 2, or aState approved alternate form showing insurance in the following amounts to:
Arizona Department of Transportation, Procurement GroupAttention: Susanna Hernandez, CPPB1739 W. Jackson Suite A � MD 100PPhoenix, Arizona 85007
A. MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less thatthose stated below.
1. Commercial General Liability Occurrence FormPolicy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage.
· General Aggregate $2,000,000· Products Completed Operations Aggregate $1,000,000· Personal and Advertising Injury $1,000,000· Blanket Contractual Liability Written and Oral $1,000,000· Fire Legal Liability $ 50,000· Each Occurrence $1,000,000
a. The policy shall be endorsed to include the following additional insured language: The State of Arizona, its departments,agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additionalinsureds with respect to liability arising out of the activities performed by or on behalf of the Contractor'.
b. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions,universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of theContractor.
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2. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non�owned vehicles used in the performance of thisContract.
Combined Single Limit (CSL) $1,000,000
a. The policy shall be endorsed to include the following additional insured language: The State of Arizona, its departments,agencies, boards, commissions, universities and its officers, officials, agents, and employees shall be named as additionalinsureds with respect to liability arising out of the activities performed by or on behalf of the Contractor, involving automobilesowned, leased, hired or borrowed by the Contractor'.
b. Automobile Liability should be required only if the commodity is being delivered to the State of Arizona by the vendor. Ifthe commodity is being shipped by common carrier, automobile liability will not be required and the contractor shall providewritten verification.
a. Policy shall contain a waiver of subrogation against the State of Arizona, its departments, agencies, boards, commissions,universities and its officers, officials, agents, and employees for losses arising from work performed by or on behalf of theContractor.
b. This requirement shall not apply to: Separately, EACH contractor or subcontractor exempt under A.R.S. 23�901, ANDwhen such contractor or subcontractor executes the appropriate waiver (Sole Proprietor/Independent Contractor) form.
A. ADDITIONAL INSURANCE REQUIREMENTS:The policies shall include, or be endorsed to include, the following provisions:
1. The State of Arizona, its departments, agencies, boards, commissions, universities and its officers, officials, agents, andemployees wherever additional insured status is required such additional insured shall be covered to the full limits of liabilitypurchased by the Contractor, even if those limits of liability are in excess of those required by this Contract.
2. The Contractor's insurance coverage shall be primary insurance with respect to all other available sources.
3. Coverage provided by the Contractor shall not be limited to the liability assumed under the indemnification provisions ofthis Contract.
B. NOTICE OF CANCELLATION: Each insurance policy required by the insurance provisions of this Contract shall providethe required coverage and shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty(30) days prior written notice has been given to the State of Arizona. Such notice shall be sent by certified mail, return receiptrequested and shall be sent directly to:
Arizona Department of Transportation, Procurement GroupAttention: Susanna Hernandez, CPPB, Contract Officer1739 W. Jackson Suite A ? MD 100PPhoenix, AZ 85007
C. ACCEPTABILITY OF INSURERS: Insurance is to be placed with duly licensed or approved non�admitted insurers in theState of Arizona with an A.M. Best rating of not less than A� VII. The State of Arizona in no way warrants that theabove�required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.
D. VERIFICATION OF COVERAGE: Contractor shall furnish the State of Arizona with certificates of insurance (ACORD formor equivalent approved by the State of Arizona) as required by this Contract. The certificates for each insurance policy are tobe signed by a person authorized by that insurer to bind coverage on its behalf.
All certificates and endorsements are to be received and approved by the State of Arizona before work commences. Eachinsurance policy required by this Contract must be in effect at or prior to commencement of work under this Contract and
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remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or toprovide evidence of renewal, is a material breach of contract.
All certificates required by this Contract shall be sent directly to:
Arizona Department of Transportation, Procurement GroupAttention: Susanna Hernandez, CPPB1739 W. Jackson Suite A MD 100PPhoenix, AZ 85007
The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The Stateof Arizona reserves the right to require complete, certified copies of all insurance policies required by this Contract at anytime. DO NOT SEND CERTIFICATES OF INSURANCE TO THE STATE OF ARIZONA'S RISK MANAGEMENT SECTION.
E. SUBCONTRACTORS: Contractors certificate(s) shall include all subcontractors, as insureds under its policies orContractor shall furnish to the State of Arizona separate certificates and endorsements for each subcontractor. All coveragesfor subcontractors shall be subject to the minimum requirements identified above.
F. APPROVAL: Any modification or variation from the insurance requirements in this Contract shall be made by theDepartment of Administration, Risk Management Section, whose decision shall be final. Such action will not require a formalContract amendment, but may be made by administrative action.
G. EXCEPTIONS: In the event the Contractor or sub�contractor(s) is/are a public entity, then the Insurance Requirementsshall not apply. Such public entity shall provide a Certificate of Self�Insurance. If the contractor or sub�contractor(s) is/are aState of Arizona agency, board, commission, or university, none of the above shall apply.
IT 508 ComplianceUnless specifically authorized in the Contract, any electronic or information technology offered to the State of Arizona underthis solicitation shall comply with A.R.S. 41−2531 and 2532 and Section 508 of the Rehabilitation Act of 1973, which requiresthat employees and members of the public shall have access to and use of information technology that is comparable to theaccess and use by employees and members of the public who are not individuals with disabilities.LicensesContractor shall maintain in current status all Federal, State and Local licenses and permits required for the operation of abusiness conducted by the contractor.Non−Exclusive ContractAny contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the soleconvenience of the State. The State reserves the rights to obtain like goods or services from another source whennecessary. The Chief Procurement Officer may only approve an Off�Contract Purchase Authorization. Approval shall be atthe discretion of the Chief Procurement Officer and shall be conclusive, however, approval shall be granted only after aproper review and when deemed to be appropriate. Off�contract procurement shall be consistent with the ArizonaProcurement Code.NOTICESAll notices, requests, demands, consents, approvals, and other communications which may or are required to be served orgiven hereunder (for the purposes of this provisions collectively called Notices), shall be in writing and shall be sent byregistered or certified United States mail, return receipt requested, postage prepaid, addressed to the party or parties toreceive such notice as follows:
a. If intended for the State, to:
Arizona Department of TransportationProcurement Group1739 W. Jackson Street, Room 100PPhoenix, Arizona 85007�3276Attention: Susanna Hernandez, CPPB
b. If intended for the contractor, to:The contractor NameAddressCity, State, ZipAttention:
Or to such other address as either party may from time to time furnish in writing to the other by notice hereunder. Any noticeso mailed shall be deemed to have been given as of the date such notice is received as shown on the return receipt.
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Furthermore, such notice may be given by delivering personally such notice, if intended for the State, to the ArizonaDepartment of Transportation, Chief Procurement Officer and, if intended for the contractor, to the person named on theOffer &Contract Award of this contract, or to such other person as either party may from time to time furnish in writing to theother by notice hereunder. Any notice so delivered shall be deemed to have been given as of the date such notice ispersonally delivered to the other party.
Offshore Performance of Work ProhibitedDue to security and identity protection concerns, direct services under this contract shall be performed within the borders ofthe United States. Any services that are described in the specifications or scope of work that directly serve the State ofArizona or its clients and may involve access to secure or sensitive data or personal client data or development ormodification of software for the State shall be performed within the borders of the United States. Unless specifically statedotherwise in the specifications, this definition does not apply to indirect or 'overhead' services, redundant back−up servicesor services that are incidental to the performance of the contract. This provision applies to work performed by subcontractorsat all tiers.Order AcknowledgementThe vendor must supply a quote sheet, Exhibit 1 within seven (7) calendar days after contact by the ordering agency andcopies of the manufacturer's factory order numbers within fourteen (14) calendar days after receipt of purchase order toconfirm vehicles have been ordered. If confirmation of manufacturer�s factory order numbers are not received with thin thistimeframe the ordering agency has the option to award to the second lowest bidder meeting specifications, in which event,the ordering agency may charge the extra cost of procuring the vehicles to the original vendor. This shall be considered amandatory requirement. Failure to provide this document for each vehicle ordered may be cause for determination of defaultof contract.Ordering Process1. For the purposes of this contract, contract release order/purchase orders are those that are issued by an eligible agencyany of the following forms:
1.1. Hard copy, one time only or blanket (term type) type;
1.2. Electronically transmitted through facsimile equipment;
1.3. Electronically transmitted as an e−mail attachment;
1.4. Electronically transmitted through a contractor's Electronic Data Interchange (EDI) system or secured internet/webportal, i.e. those that provide electronic commerce assistance for the electronic submission of purchase orders, purchaseorder tracking and reporting.
1.4.1. Such systems shall not allow for purchase orders to be placed for non−contract or excluded items.
1.4.2. Use of such systems shall be at the sole at the sole discretion of the eligible agency and all cost associated withset−up, maintenance and support shall be borne by the contractor.
1.5. Electronically through State's or eligible agencies p−card program.
2. This contract was awarded in accordance with the Arizona Procurement Code and all transactions and proceduresrequired by the code for competitive source selection have been met. A contract release order/purchase order, initiated inaccordance with the requirements contained herein, that cites the correct Arizona contract number is the only documentrequired for the agency to order and the contractor to deliver the material and /or service.
3. Any attempt to represent any material and/or service not specifically awarded, as being under contract with the State ofArizona is a violation of the contract and the Arizona Procurement Code. Any such action is subject to the legal andcontractual remedies available to the state inclusive of, but not limited to, contract cancellation, suspension and/ordebarment of the contractor.Price Adjustment (Annual)The State may review a fully documented request for a price increase based on annual OEM model year change only at thetime of contract extension.
All written requests for price adjustments made by the contractor shall be initiated thirty (30) days in advance of any desiredprice increase (thirty (30) day advance notice is required to allow the State sufficient time to make a fair and equitabledetermination to any such requests).
All price adjustment will be constitued by a formal contract amendment. The State shall determine whether the requestedprice increase or an alternate option is in the best interest of the State.
Price Reductions
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Price reductions may be submitted to the state for consideration at any time during the contract period. The contractor shalloffer the state a price reduction on the contract product(s) concurrent with a published price reduction made to othercustomers. The state at its own discretion may accept a price reduction. The contractor shall request, in writing, a pricereduction. The contractor shall request, in writing, a price reduction and provide the following:
1. A formal announcement from the manufacturer that the cost of the contract product has been reduced.
2. Documentation, i.e., published cost lists, from the manufacturer showing, to the satisfaction of the state, the actual costreduction.
3. Documentation showing that the published cost reductions have been offered to other distributors.PricingThe contract price shall be firm for the contract period, subject to the provisions in Phase II/Purchases from Stock listed inthe Special Terms and Conditions.
Contract prices shown for each vehicle include delivery cost within a sixty (60) mile radius of Phoenix, Arizona, plus four(4)and if applicable two (2) keyless entry remotes and full tank of fuel less delivery fuel.
Bidders are required to indicate the delivery costs for each county outside of the Phoenix area on the the attached PriceSheet (WORD document). This will be an added cost to the contract price.Product DiscontinuanceThe State may award contracts for particular products, models and/or product lines of parts as a result of this solicitation. Inthe event that the manufacturer discontinues a product, model or product line, the State at its sole discretion may allow thecontractor to provide a substitute for the discontinued item. The contractor shall request permission to substitute a newproduct, model or product line and provide the following:
1. A formal announcement from the manufacturer that the product, model or product line has been discontinued.
2. Documentation from the manufacturer that names the replacement product, model or product line.Safety StandardsAll vehicles supplied on this contract must comply with the current 49CFR571, Federal Motor Vehicle Safety Standards(FMVSS) and 49CFR393, Parts and Accessories Necessary for Safe Operation.Sales Promotions1. In addition to decreasing contract pricing in accordance with the provision entitled price reductions, the contractor mayconduct sales promotions involving specific products or groups of products specified herein for specified time periods. Ifelecting to exercise this provision the contractor shall submit:
1.1. A formal request that identifies the affected contract product or product groups;
1.2. The promotional price vs. the existing contract price.
1.3. The start and end date of the sales promotion;
2. Approval shall be in the form of a contract amendment. Pricing shall be available to all eligible agencies through the datesspecified in the request. Upon approval the contractor shall provide conspicuous notice of the promotion.Serial NumbersThe contract is for equipment on which the original manufacturers' serial number has not been altered in any way.Throughout the contract term, the state reserves the right to reject any altered equipment.Telephone Ordering SupportContractor(s) shall accept collect telephone calls and/or provide and maintain a toll−free number for eligible agency use.Failure to maintain this service may be cause for cancellation of the contract.Term of Contract (One Year)The term of the contract shall for a 1−year period, unless terminated, canceled, or extended as otherwise provided herein.The contract shall commence the date specified in the contract summary section contained herein and/or as specified in anycontract award notifications issued by the State.Usage ReportThe contractor shall furnish the state a usage report delineating the acquisition activity governed by the contract. The formatof the report shall be approved by the state and shall disclose the quantity and the dollar value of each contract item byindividual purchasing unit.
The usage report shall be due at the end of each three month period of the contract term.
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ContractSolicitation # SCC090001−A1
Uniform Instructions1 Definition of Terms
As used in these Instructions, the terms listed below are defined as follows:
1.2 Contractthe combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Termsand Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers, and anySolicitation Amendments or Contract Amendments and any terms applied by law.
1.3 Contract Amendmenta written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.
1.4 Contractorany person who has a Contract with the State
1.5 Dayscalendar days unless otherwise specified.
1.6 Exhibitany item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation
1.7 Offerbid, proposal or quotation.
1.8 Offerora vendor who responds to a Solicitation.
1.9 Procurement Officerthe person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make writtendeterminations with respect to the Contract.
1.10 Solicitationan Invitation for Bids ('IFB'), a Request for Proposals ('RFP'), or a Request for Quotations ('RFQ').
1.11 Solicitation Amendmenta written document that is signed by the Procurement Officer and issued for the purpose of making changes to theSolicitation.
1.12 Subcontractmeans any Contract, express or implied, between the Contractor and another party or between a subcontractor and anotherparty delegating or assigning, in whole or in part, the making or furnishing of any material or any service required for theperformance of the Contract.
1.13 Statethe State of Arizona and Department or Agency of the State that executes the Contract.
2 InquiriesInquiries
2.1 Duty to ExamineIt is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examineits' Offer for accuracy before submitting the Offer. Lack of care in preparing an Offer shall not be grounds for modifying orwithdrawing the Offer after the Offer due date and time, nor shall it give rise to any Contract claim.
2.2 Solicitation Contact PersonAny inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation,shall be directed solely to the Solicitation contact person. The Offeror shall not contact or direct inquiries concerning thisSolicitation to any other State employee unless the Solicitation specifically identifies a person other than the Solicitationcontact person as a contact.
2.3 Submission of Inquiries
The Procurement Officer or the person identified in the Solicitation as the contact for inquiries mayexcept at the Pre−OfferConference, require that an inquiry be submitted in writing. Any inquiry related to a Solicitation shall refer to the appropriateSolicitation number, page and paragraph. Do not place the Solicitation number on the outside of the envelope containing thatinquiry, since it may then be identified as an Offer and not be opened until after the Offer due date and time. The State shallconsider the relevancy of the inquiry but is not required to respond in writing.
2.4 TimelinessAny inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least sevendays before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquirynot being considered for a Solicitation Amendment.
2.5 No Right to Rely on Verbal ResponsesAn offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the
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solicitation.2.6 Solicitation Amendments
The Solicitation shall only be modified by a Solicitation Amendment.
2.7 Pre−Offer ConferenceIf a pre−Offer conference has been scheduled under this Solicitation, the date, time and location shall appear on theSolicitation cover sheet or elsewhere in the Solicitation. Offerors should raise any questions about the Solicitation or theprocurement at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issuesraised at the conference that result in changes to the Solicitation shall be answered solely through a written SolicitationAmendment.
2.8 Persons With DisabilitiesPersons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting theSolicitation contact person. Requests shall be made as early as possible to allow time to arrange the accommodation.
3 Offer PreparationOffer Preparation
3.1 Forms: No Facsimile, Telegraphic or Electronic Mail OffersTelegraphic or Electronic Mail Offers. An Offer shall be submitted either on the forms provided in this Solicitation or theirsubstantial equivalent. Any substitute document for the forms provided in this Solicitation must be legible and contain thesame information requested on the forms, unless the solicitation indicates otherwise. A facsimile, telegraphic, mailgram orelectronic mail Offer shall be rejected if submitted in response to requests for proposals or invitations for bids, unless thesolicitation indicates otherwise.
3.2 Typed or Ink; CorrectionsThe Offer shall be typed or in ink. Erasures, interlineations or other modifications in the Offer shall be initialed in ink by theperson signing the Offer. Modifications shall not be permitted after Offers have been opened except as otherwise providedunder applicable law.
3.3 Evidence of Intent to be BoundThe Offer and Acceptance form within the Solicitation shall be submitted with the Offer and shall include a signature (oracknowledgement for electronic submissions, when authorized) by a person authorized to sign the Offer. The signature shallsignify the Offeror's intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true,accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as an original signature, shallresult in rejection of the Offer.
3.4 Exceptions to Terms and ConditionsAll exceptions included with the Offer shall be submitted in a clearly identified separate section of the Offer in which theOfferor clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not includedin such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted bythe Procurement Officer in a written statement. The Offeror's preprinted or standard terms will not be considered by the Stateas a part of any resulting Contract.
i. Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including termsand conditions, shall be rejected. [ALL]
ii. Request for Proposals. All exceptions that are contained in the Offer may negatively affect the State's proposal evaluationbased on the evaluation criteria stated in the Solicitation or result in rejection of the Offer. An offer that takes exception toany material requirement of the solicitation may be rejected.
3.5 SubcontractsOfferor shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities in the Offer.
3.6 Cost of Offer PreparationThe State will not reimburse any Offeror the cost of responding to a Solicitation.
3.7 Solicitation AmendmentsEach Solicitation Amendment shall be signed with an original signature by the person signing the Offer, and shall besubmitted no later than the Offer due date and time. Failure to return a signed (or acknowledgment for electronic submission,when authorized) copy of a Solicitation Amendment may result in rejection of the Offer.
3.8 Federal Excise TaxThe State of Arizona is exempt from certain Federal Excise Tax on manufactured goods. Exemption Certificates will beprovided by the State.
3.9 Provision of Tax Identification NumbersOfferors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number inthe space provided on the Offer and Acceptance Form.
3.10 Employee IdentificationOfferor agrees to provide an employee identification number or social security number to the State for the purposes ofreporting to appropriate taxing authorities, monies paid by the State under this contract. If the federal identifier of the offeroris a social security number, this number is being requested solely for tax reporting purposes and will be shared only with
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appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.3.11 Identification of Taxes in Offer
The State of Arizona is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall beidentified as a separate item offered in the solicitation when applicable, the tax rate and amount shall be identified on theprice sheet. At all times, payment of taxes and the determination of applicable taxes are the sole responsibility of thecontractor.
3.12 DisclosureIf the firm, business or person submitting this Offer has been debarred, suspended or otherwise lawfully precluded fromparticipating in any public procurement activity, including being disapproved as a subcontractor with any Federal, state orlocal government, or if any such preclusion from participation from any public procurement activity is currently pending, theOfferor shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shallinclude a letter with its Offer setting forth the name and address of the governmental unit, the effective date of thissuspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to thesuspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevantcircumstances including the details enumerated above shall be provided.
3.13 Solicitation Order of PrecedenceIn the event of a conflict in the provisions of this Solicitation, the following shall prevail in the order set forth below:
3.13.1 Special Terms and Conditions;3.13.2 Uniform Terms and Conditions;3.1.3 Statement or Scope of Work;3.13.4 Specifications;3.13.5 Attachments;3.13.6 Exhibits;3.13.7 Special Instructions to Offerors;3.13.8Uniform Instructions to Offerors.3.13.9 Other documents referenced or included in the Solicitation.
3.14 DeliveryUnless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery andunloading at the destination(s).
4 Submission of OfferSubmission of Offer
4.1 Sealed Envelope or PackageExcept for electronic submissions, when authorized, each Offer shall be submitted to the submittal location identified in thisSolicitation. Offers should be submitted in a sealed envelope or container. The envelope or container should be clearlyidentified with name of the Offeror and Solicitation number. The State may open envelopes or containers to identify contentsif the envelope or container is not clearly identified.
4.2 Offer Amendment or WithdrawalAn Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicablelaw.
4.3 Public RecordAll Offers submitted and opened are public records and must be retained by the State. Offers shall be open to publicinspection after Contract award, except for such Offers deemed to be confidential by the State. If an Offeror believes thatinformation in its Offer should remain confidential, it shall indicate as confidential the specific information and submit astatement with its Offer detailing the reasons that the information should not be disclosed. Such reasons shall include thespecific harm or prejudice which may arise. The State shall determine whether the identified information is confidentialpursuant to the Arizona Procurement Code.
4.4 Non−collusion, Employment, and ServicesBy signing the Offer and Acceptance Form or other official contract form, the Offeror certifies that:
4.4.1 i. The Offeror did not engage in collusion or other anti−competitive practices in connection with the preparation orsubmission of its Offer; and
4.4.2 ii.The Offeror does not discriminate against any employee or applicant for employment or person to whom it providesservices because of race, color, religion, sex, national origin, or disability, and that it complies with all applicable Federal,state and local laws and executive orders regarding employment.
5 EvaluationEvaluation
5.1 Unit Price PrevailsIn the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rateshall govern.
5.2 TaxesArizona transaction privilege and use taxes shall not be considered for evaluation.
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5.3 Late OffersAn Offer submitted after the exact Offer due date and time shall be rejected.
5.4 DisqualificationAn Offeror (including any of its' principals) who is currently debarred, suspended or otherwise lawfully prohibited from anypublic procurement activity shall have its offer rejected.
5.5 Offer Acceptance PeriodAn Offeror submitting an Offer under this Solicitation shall hold its Offer open for the number of days from the Offer due datethat is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, thenumber of days shall be one hundred−twenty (120). If a Best and Final Offer is requested pursuant to a Request forProposals, an Offeror shall hold its Offer open for one hundred−twenty (120) days from the Best and Final Offer due date.
5.6 Waiver and Rejection RightsNotwithstanding any other provision of the Solicitation, the State reserves the right to:
5.6.1 Waive any minor informality;5.6.2 Reject any and all Offers or portions thereof; or5.6.3 Cancel the Solicitation.
6 AwardAward
6.1 Number or Types of AwardsThe State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by groupof line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to theState. If the Procurement Officer determines that an aggregate award to one Offeror is not in the State's best interest, 'all ornone' Offers shall be rejected.
6.2 Contract InceptionAn Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract isnot created until the Offer is accepted in writing by the Procurement Officer's signature on the Offer and Acceptance Form. Anotice of award or of the intent to award shall not constitute acceptance of the Offer.
6.3 Effective DateThe effective date of this Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form orother official contract form, unless another date is specifically stated in the Contract.
7 ProtestsA protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rulesadopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency andwith the State Procurement Administrator. A protest of a Solicitation shall be received by the Procurement Officer before theOffer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the protester knows orshould have known the basis of the protest. A protest shall include:
7.1 The name, address and telephone number of the protester;7.2 The signature of the protester or its representative;7.3 Identification of the purchasing agency and the Solicitation or Contract number;7.4 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and7.5 The form of relief requested.
8 Comments Welcome
The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments youmay have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15thAvenue, Suite 104, Phoenix, Arizona, 85007.
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ContractSolicitation # SCC090001−A1
Uniform Terms and Conditions1 Definition of Terms
As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:
1.1 Attachmentany item the Solicitation requires the Offeror to submit as part of the Offer.
1.2 Contractthe combination of the Solicitation, including the Uniform and Special Instructions to Offerors, the Uniform and Special Termsand Conditions, and the Specifications and Statement or Scope of Work; the Offer and any Best and Final Offers; and anySolicitation Amendments or Contract Amendments.
1.3 Contract Amendmenta written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.
1.4 Contractorany person who has a Contract with the State.
1.5 Dayscalendar days unless otherwise specified
1.6 Exhibitany item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.
1.7 Gratuitya payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present orpromised, unless consideration of substantially equal or greater value is received.
1.8 Materialsall property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanentinterest in land or real property or leasing space.
1.9 Procurement Officerthe person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make writtendeterminations with respect to the Contract.
1.10 Servicesthe furnishing of labor, time or effort by a contractor or subcontractor which does not involve the delivery of a specific endproduct other than required reports and performance, but does not include employment agreements or collective bargainingagreements.
1.11 Subcontractany Contract, express or implied, between the Contractor and another party or between a subcontractor and another partydelegating or assigning, in whole or in part, the making or furnishing of any material or any service required for theperformance of the Contract.
1.12 Statethe State of Arizona and Department or Agency of the State that executes the Contract.
1.13 State Fiscal Yearthe period beginning with July 1 and ending June 30,
2 Contract InterpretationContract Interpretation
2.1 Arizona LawThe Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the Stateof Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementingrules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.
2.2 Implied Contract TermsEach provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.
2.3 Contract Order of PrecedenceIn the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, thefollowing shall prevail in the order set forth below:
2.3.1 Special Terms and Conditions;2.3.2 Uniform Terms and Conditions;2.3.3 Statement or Scope of Work;2.3.4 Specifications;2.3.5 Attachments;2.3.6 Exhibits;2.3.7 Documents referenced or included in the Solicitation.
2.4 Relationship of Parties
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The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be theemployee or agent of the other party to the Contract.
2.5 SeverabilityThe provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other termor condition of the Contract.
2.6 No Parol EvidenceThis Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealingsbetween the parties and no usage of the trade shall supplement or explain any terms used in this document and no otherunderstanding either oral or in writing shall be binding.
2.7 No WaiverEither party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver ofthat term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature ofthe performance and fails to object to it.
3 Contract Administration and OperationContract Administration and Operation.
3.1 RecordsUnder A.R.S. § 35−214 and § 35−215, the Contractor shall retain and shall contractually require each subcontractor to retainall data and other 'records' relating to the acquisition and performance of the Contract for a period of five years after thecompletion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Uponrequest, the Contractor shall produce a legible copy of any or all such records.
3.2 Non−DiscriminationThe Contractor shall comply with State Executive Order No. 99−4 and all other applicable Federal and State laws, rules andregulations, including the Americans with Disabilities Act.
3.3 AuditPursuant to ARS § 35−214, at any time during the term of this Contract and five (5) years thereafter, the Contractor's or anysubcontractor's books and records shall be subject to audit by the State and, where applicable, the Federal Government, tothe extent that the books and records relate to the performance of the Contract or Subcontract.
3.4 Facilities Inspection and Materials TestingThe Contractor agrees to permit access to its facilities, subcontractor facilities and the Contractor's processes or services, atreasonable times for inspection of the facilities or materials covered under this Contract. The State shall also have the rightto test, at its own cost, the materials to be supplied under this Contract. Neither inspection of the Contractor's facilities normaterials testing shall constitute final acceptance of the materials or services. If the State determines non−compliance of thematerials, the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection.
3.5 NoticesNotices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer andAcceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the State required by theContract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation cover sheet, unlessotherwise stated in the Contract. An authorized Procurement Officer and an authorized Contractor representative maychange their respective person to whom notice shall be given by written notice to the other and an amendment to theContract shall not be necessary.
3.6 Advertising, Publishing and Promotion of ContractThe Contractor shall not use, advertise or promote information for commercial benefit concerning this Contract without theprior written approval of the Procurement Officer.
3.7 Property of the StateAny materials, including reports, computer programs and other deliverables, created under this Contract are the soleproperty of the State. The Contractor is not entitled to a patent or copyright on those materials and may not transfer thepatent or copyright to anyone else. The Contractor shall not use or release these materials without the prior written consentof the State.
3.8 Ownership of Intellectual PropertyAny and all intellectual property, including but not limited to copyright, invention, trademark, tradename, service mark, and/ortrade secrets created or conceived pursuant to or as a result of this contract and any related subcontract ('IntellectualProperty'), shall be work made for hire and the State shall be considered the creator of such Intellectual Property. Theagency, department, division, board or commission of the State of Arizona requesting the issuance of this contract shall own(for and on behalf of the State) the entire right, title and interest to the Intellectual Property throughout the world. Contractorshall notify the State, within thirty (30) days, of the creation of any Intellectual Property by it or its subcontractor(s).Contractor, on behalf of itself and any subcontractor (s), agrees to execute any and all document(s) necessary to assureownership of the Intellectual Property vests in the State and shall take no affirmative actions that might have the effect ofvesting all or part of the Intellectual Property in any entity other than the State. The Intellectual Property shall not bedisclosed by contractor or its subcontractor(s) to any entity not the State without the express written authorization of theagency, department, division, board or commission of the State of Arizona requesting the issuance of this contract.
4 Costs and Payments
Costs and Payments
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4.1 PaymentsPayments shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days. Upon receipt and acceptance ofgoods or services, the Contractor shall submit a complete and accurate invoice for payment from the State within thirty (30)days.
4.2 DeliveryUnless stated otherwise in the Contract, all prices shall be F.O.B. Destination and shall include all freight delivery andunloading at the destination.
4.3 Applicable Taxes4.3.1 Payment of Taxes. The Contractor shall be responsible for paying all applicable taxes.
4.3.2 State and Local Transaction Privilege Taxes. The State of Arizona is subject to all applicable state and localtransaction privilege taxes. Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit.Failure to collect such taxes from the buyer does not relieve the seller from its obligation to remit taxes.
4.3.3 Tax Indemnification. Contractor and all subcontractors shall pay all Federal, state and local taxes applicable to itsoperation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold the Stateharmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/orstate and local laws and regulations and any other costs including transaction privilege taxes, unemployment compensationinsurance, Social Security and Worker's Compensation.
4.3.4 IRS W9 Form. In order to receive payment the Contractor shall have a current I.R.S. W9 Form on file with the State ofArizona, unless not required by law.
4.4 Availability of Funds for the Next State Fiscal YearFunds may not presently be available for performance under this Contract beyond the current state fiscal year. No legalliability on the part of the State for any payment may arise under this Contract beyond the current state fiscal year until fundsare made available for performance of this Contract.
4.5 Availability of Funds for the Current State Fiscal YearShould the State Legislature enter back into session and reduce the appropriations or for any reason and these goods orservices are not funded, the State may take any of the following actions:4.5.1 Accept a decrease in price offered by the contractor;4.5.2 Cancel the Contract4.5.3 Cancel the contract and re−solicit the requirements.
5 Contract ChangesContract Changes
5.1 AmendmentsThis Contract is issued under the authority of the Procurement Officer who signed this Contract. The Contract may bemodified only through a Contract Amendment within the scope of the Contract. Changes to the Contract, including theaddition of work or materials, the revision of payment terms, or the substitution of work or materials, directed by a personwho is not specifically authorized by the procurement officer in writing or made unilaterally by the Contractor are violations ofthe Contract and of applicable law. Such changes, including unauthorized written Contract Amendments shall be void andwithout effect, and the Contractor shall not be entitled to any claim under this Contract based on those changes.
5.2 SubcontractsThe Contractor shall not enter into any Subcontract under this Contract for the performance of this contract without theadvance written approval of the Procurement Officer. The Contractor shall clearly list any proposed subcontractors and thesubcontractor's proposed responsibilities. The Subcontract shall incorporate by reference the terms and conditions of thisContract.
5.3 Assignment and DelegationThe Contractor shall not assign any right nor delegate any duty under this Contract without the prior written approval of theProcurement Officer. The State shall not unreasonably withhold approval.
6 Risk and LiabilityRisk and Liability
6.1 Risk of LossThe Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnelat the location designated in the purchase order or Contract. Mere receipt does not constitute final acceptance. The risk ofloss for nonconforming materials shall remain with the Contractor regardless of receipt.
6.2 Indemnification6.2.1 Contractor/Vendor Indemnification (Not Public Agency) The parties to this contract agree that the State of Arizona, its'departments, agencies, boards and commissions shall be indemnified and held harmless by the contractor for the vicariousliability of the State as a result of entering into this contract. However, the parties further agree that the State of Arizona, its'departments, agencies, boards and commissions shall be responsible for its' own negligence. Each party to this contract isresponsible for its' own negligence.
6.2.2 Public Agency Language Only Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the otherparty (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable
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attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) orproperty damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, arecaused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its' officers, officials, agents,employees, or volunteers.'
6.3 Indemnification − Patent and CopyrightThe Contractor shall indemnify and hold harmless the State against any liability, including costs and expenses, forinfringement of any patent, trademark or copyright arising out of Contract performance or use by the State of materialsfurnished or work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which itmay be liable under this paragraph. If the contractor is insured pursuant to A.R.S. § 41−621 and § 35−154, this section shallnot apply.
6.4 Force Majeure6.4.1 Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract ifand to the extent that such party's performance of this Contract is prevented by reason of force majeure. The term 'forcemajeure' means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.Without limiting the foregoing, force majeure includes acts of God; acts of the public enemy; war; riots; strikes; mobilization;labor disputes; civil disorders; fire; flood; lockouts; injunctions−intervention−acts; or failures or refusals to act by governmentauthority; and other similar occurrences beyond the control of the party declaring force majeure which such party is unable toprevent by exercising reasonable diligence.
6.4.2 Force Majeure shall not include the following occurrences:
6.4.2.1 Late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere, or an oversoldcondition of the market;
6.4.2.2 Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance withthis force majeure term and condition; or
6.4.2.3 Inability of either the Contractor or any subcontractor to acquire or maintain any required insurance, bonds, licensesor permits.
6.4.3 If either party is delayed at any time in the progress of the work by force majeure, the delayed party shall notify theother party in writing of such delay, as soon as is practicable and no later than the following working day, of thecommencement thereof and shall specify the causes of such delay in such notice. Such notice shall be delivered or mailedcertified−return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed partyshall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. Thetime of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects ofsuch delay prevent the delayed party from performing in accordance with this Contract.
6.4.4 Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claimfor damages or loss of anticipated profits if, and to the extent that such delay or failure is caused by force majeure.
6.5 Third Party Antitrust ViolationsThe Contractor assigns to the State any claim for overcharges resulting from antitrust violations to the extent that thoseviolations concern materials or services supplied by third parties to the Contractor, toward fulfillment of this Contract.
7 Warranties
Warranties
7.1 Liens
The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain free of liens.
7.2 Quality
Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year afteracceptance by the State of the materials, they shall be:
7.2.1 Of a quality to pass without objection in the trade under the Contract description;
7.2.2 Fit for the intended purposes for which the materials are used;
7.2.3 Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and amongall units;
7.2.4 Adequately contained, packaged and marked as the Contract may require; and
7.2.5 Conform to the written promises or affirmations of fact made by the Contractor.
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7.3 FitnessThe Contractor warrants that any material supplied to the State shall fully conform to all requirements of the Contract and allrepresentations of the Contractor, and shall be fit for all purposes and uses required by the Contract.
7.4 Inspection/TestingThe warranties set forth in subparagraphs 7.1 through 7.3 of this paragraph are not affected by inspection or testing of orpayment for the materials by the State.
7.5 Year 20007.5.1 Notwithstanding any other warranty or disclaimer of warranty in this Contract, the Contractor warrants that all productsdelivered and all services rendered under this Contract shall comply in all respects to performance and delivery requirementsof the specifications and shall not be adversely affected by any date−related data Year 2000 issues. This warranty shallsurvive the expiration or termination of this Contract. In addition, the defense of force majeure shall not apply to theContractor's failure to perform specification requirements as a result of any date−related data Year 2000 issues.
7.5.2 Additionally, notwithstanding any other warranty or disclaimer of warranty in this Contract, the Contractor warrants thateach hardware, software, and firmware product delivered under this Contract shall be able to accurately process date/timedata (including but not limited to calculation, comparing, and sequencing) from, into, and between the twentieth andtwenty−first centuries, and the years 1999 and 2000 and leap year calculations, to the extent that other informationtechnology utilized by the State in combination with the information technology being acquired under this Contract properlyexchanges date−time data with it. If this Contract requires that the information technology products being acquired performas a system, or that the information technology products being acquired perform as a system in combination with other Stateinformation technology, then this warranty shall apply to the acquired products as a system. The remedies available to theState for breach of this warranty shall include, but shall not be limited to, repair and replacement of the informationtechnology products delivered under this Contract. In addition, the defense of force majeure shall not apply to the failure ofthe Contractor to perform any specification requirements as a result of any date−related data Year 2000 issues.
7.6 Compliance With Applicable LawsThe materials and services supplied under this Contract shall comply with all applicable Federal, state and local laws, andthe Contractor shall maintain all applicable license and permit requirements.
7.7 Survival of Rights and Obligations after Contract Expiration or Termination7.71 Contractor's Representations and Warranties. All representations and warranties made by the Contractor under thisContract shall survive the expiration or termination hereof. In addition, the parties hereto acknowledge that pursuant toA.R.S. § 12−510, except as provided in A.R.S. § 12−529, the State is not subject to or barred by any limitations of actionsprescribed in A.R.S., Title 12, Chapter 5.
7.7.2 Purchase Orders. The Contractor shall, in accordance with all terms and conditions of the Contract, fully perform andshall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof,unless otherwise directed in writing by the Procurement Officer, including, without limitation, all purchase orders receivedprior to but not fully performed and satisfied at the expiration or termination of this Contract.
8.1 Right to AssuranceIf the State in good faith has reason to believe that the Contractor does not intend to, or is unable to perform or continueperforming under this Contract, the Procurement Officer may demand in writing that the Contractor give a written assuranceof intent to perform. Failure by the Contractor to provide written assurance within the number of Days specified in thedemand may, at the State's option, be the basis for terminating the Contract under the Uniform Terms and Conditions orother rights and remedies available by law or provided by the contract.
8.2 Stop Work Order8.2.1 The State may, at any time, by written order to the Contractor, require the Contractor to stop all or any part, of the workcalled for by this Contract for period(s) of days indicated by the State after the order is delivered to the Contractor. The ordershall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shallimmediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the workcovered by the order during the period of work stoppage.
8.2.2 If a stop work order issued under this clause is canceled or the period of the order or any extension expires, theContractor shall resume work. The Procurement Officer shall make an equitable adjustment in the delivery schedule orContract price, or both, and the Contract shall be amended in writing accordingly.
8.3 Non−exclusive RemediesThe rights and the remedies of the State under this Contract are not exclusive.
8.4 Nonconforming TenderMaterials or services supplied under this Contract shall fully comply with the Contract. The delivery of materials or servicesor a portion of the materials or services that do not fully comply constitutes a breach of contract. On delivery ofnonconforming materials or services, the State may terminate the Contract for default under applicable termination clausesin the Contract, exercise any of its rights and remedies under the Uniform Commercial Code, or pursue any other right or
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remedy available to it.
8.5 Right of OffsetThe State shall be entitled to offset against any sums due the Contractor, any expenses or costs incurred by the State, ordamages assessed by the State concerning the Contractor's non−conforming performance or failure to perform the Contract,including expenses, costs and damages described in the Uniform Terms and Conditions.
9 Contract TerminationContract Termination
9.1 Cancellation for Conflict of InterestPursuant to A.R.S. § 38−511, the State may cancel this Contract within three (3) years after Contract execution withoutpenalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating theContract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract is in effect anemployee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract. Thecancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies alater time. If the Contractor is a political subdivision of the State, it may also cancel this Contract as provided in A.R.S. §38−511.
9.2 GratuitiesThe State may, by written notice, terminate this Contract, in whole or in part, if the State determines that employment or aGratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the Statefor the purpose of influencing the outcome of the procurement or securing the Contract, an amendment to the Contract, orfavorable treatment concerning the Contract, including the making of any determination or decision about contractperformance. The State, in addition to any other rights or remedies, shall be entitled to recover exemplary damages in theamount of three times the value of the Gratuity offered by the Contractor.
9.3 Suspension or DebarmentThe State may, by written notice to the Contractor, immediately terminate this Contract if the State determines that theContractor has been debarred, suspended or otherwise lawfully prohibited from participating in any public procurementactivity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or othergovernmental body. Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspendedor debarred. If the contractor becomes suspended or debarred, the contractor shall immediately notify the State.
9.4 Termination for ConvenienceThe State reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of the Statewithout penalty or recourse. Upon receipt of the written notice, the Contractor shall stop all work, as directed in the notice,notify all subcontractors of the effective date of the termination and minimize all further costs to the State. In the event oftermination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shallbecome the property of and be delivered to the State upon demand. The Contractor shall be entitled to receive just andequitable compensation for work in progress, work completed and materials accepted before the effective date of thetermination. The cost principles and procedures provided in A.A.C. R2−7−701 shall apply.
9.5 Termination for Default9.5.1 In addition to the rights reserved in the contract, the State may terminate the Contract in whole or in part due to thefailure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurancepolicies, bonds, licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officershall provide written notice of the termination and the reasons for it to the Contractor.
9.5.2 Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractorunder the Contract shall become the property of and be delivered to the State on demand.
9.5.3 The State may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate,materials or services to replace those under this Contract. The Contractor shall be liable to the State for any excess costsincurred by the State in procuring materials or services in substitution for those due from the Contractor.
9.6 Continuation of Performance Through TerminationThe Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination,as directed in the termination notice.
10 Contract ClaimsAll contract claims or controversies under this Contract shall be resolved according to A.R.S. Title 41, Chapter 23, Article 9,and rules adopted thereunder.
11 ArbitrationThe parties to this Contract agree to resolve all disputes arising out of or relating to this contract through arbitration, afterexhausting applicable administrative review, to the extent required by A.R.S. § 12−1518, except as may be required by otherapplicable statutes (Title 41).
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ContractSolicitation # SCC090001−A1
OfferTO THE STATE OF ARIZONA:The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions,specifications and amendments in the Solicitation and any written exceptions in the offer. Signature also certifies Small Businessstatus.Tax InformationArizona Transaction (Sales) Privilege Tax License No. 07020762NFederal Employer Identification No. XXXXXXXXXLocation InformationSupplier Number: 19779Company Name: Vanguarg Truck Center of PhoenixAddress: 2402 S. 19TH ave
PHOENIX, AZ 85009SignatureName: Tommy Lyons Date: 9/18/08 18:06:30Title: SALES MANAGERSignature: _______________________________________________________________________
Status: AcceptedCertification
By Accepting below, the bidder certifies:
1. The submission of the offer did not involve collusion or other anti−competitive practices.
2. The bidder shall not discriminate against any employee or applicant for employment in violation of Federal
Executive Order 11246, State Executive Order 75.5 or A.R.S. §§ 41−1461 through 1465.
3. The bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the
submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause shall result in
rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be
subject to legal remedies provided by law.
4. The bidder certifies that the above referenced organization []is not[] a small business with less than 100 employees
or has gross revenues of $4 million or less.
5. In accordance with A.R.S. §35−397, the offeror hereby certifies that the offeror does not have scrutinized business
operations in Iran.
6. In accordance with A.R.S. §35−397, the offeror hereby certifies that the offeror does not have scrutinized business
operations in Sudan.
Acceptance
The Offer is hereby accepted.
The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the
solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor's Offer as accepted
by the State.
This contract shall henceforth be referred to as Contract No.Entry not found in index. The Contractor has been
cautioned not to commence any billable work or to provide any material or service under this contract until Contractor
receives purchase order, contact release document or written notice to proceed.
Specifications, Solicitation Number SC090001 1 of 2
1. PURPOSE
The Arizona Department of Transportation (ADOT), on behalf of the State of Arizona (hereinafter referred to as the State), intends to establish a contract for the purchase and delivery of Medium (under 26,000 lbs) and Heavy Duty Cab & Chassis (over 26,001 lbs); to be utilized by authorized State of Arizona agencies, accounts, boards and participating political subdivisions (a.k.a. eligible agencies).
2. GENERAL CONDITIONS AND REQUIREMENTS
All chassis shall be manufacturer's current models in production and shall be new, serviced completely by vendor before delivery and ready in all respects for use.
All chassis bid and furnished must meet requirements of applicable Arizona Motor Vehicle Laws, or any applicable Federal Motor Vehicle Laws and the Federal Bridge Formula, whether or not such requirements are specified in detail.
The vendor must supply a quote sheet within seven (7) calendar days after contact by the ordering agency and copies of the manufacturer's factory order numbers within fourteen (14) calendar days after receipt of purchase order to confirm vehicles have been ordered. If confirmation of manufacturer’s factory order numbers are not received with in this timeframe the ordering agency has the option to award to the second lowest bidder meeting specifications, in which event, the ordering agency may charge the extra cost of procuring the vehicles to the original vendor.
3. CHASSIS MODELS
Bidders are encouraged to provide all sizes of medium and heavy duty cab & chassis. Bidders shall submit a vehicle specification sheet for each cab & chassis offered. Please see Excel spread sheet listed under Attachments.
4. CHASSIS UPFIT
The ordering agency may request the awarded Contractor to upfit the cab and chassis with a specialized body, i.e. dump body, landscape body, etc. The ordering agency will supply all quote information to the Contractor. Contractor shall identify any conditions that apply to the upfit on the quote sheet before any work commences.
5. WARRANTY
Bidder shall state in writing the conditions and duration of the warranty bid in detail on an attachment to the bid in accordance with the Additional Special Terms and Conditions, paragraph titled WARRANTY. The warranty, dealer, factory and extended, is an important consideration and may be a factor in determining the award.
Bidder shall list all locations within Arizona from which warranty work will be administered on Questionnaire 1.
The ordering agency shall be furnished at no charge, invoice(s) for all work performed under warranty indicating type of work performed and parts replaced.
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Specifications, Solicitation Number SC090001 2 of 2
6. VEHICLE EQUIPMENT REQUIREMENTS
All contract prices shall include the following minimum equipment:
MEDIUM & HEAVY DUTY CAB & CHASSIS
6.1 All standard factory equipment
6.2 Automatic transmission
6.3 Cruise Control
6.4 Four (4) keys, per vehicle
6.5 Air conditioning
6.6 Cloth Seats
6.7 Rear view mirrors on driver and passenger doors
6.8 Standard tint glass if available
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Prepared for the City of Casa Grande, Arizona Revised September 14th , 2011
Price Justification Summary MRU613 STOCK UNIT
Base Price: $114,168.00 $130,814.00
Difference: $16,646.00
What makes up the difference from the State contract:
increases/options
SCR Technology,
EPA certified and compliant Per Government regulations 7633.00
Model year of chassis will be a 2012 stock production chassis built in Nov.
The leading edge in transportation solutions. Atlanta
Corporate Headquarters
700 Ruskin Drive
Forest Park, GA 30297
Phone: (404) 363-8390
Fax: (404) 363-4659
VOLVO • GMC
Houston
5216 N. McCarty Drive
Houston, TX 77013
Phone: (713) 673-1444
Fax: (713) 673-7354
MACK • ISUZU
Austin
17901 Interstate 35
Buda, TX 78610
Phone: (512) 312-5400
Fax: (512) 312-5440
VOLVO • MACK
Phoenix
2402 South 19th Avenue
Phoenix, AZ 85009
Phone: (602) 258-4500
Fax: (602) 258-5905
VOLVO • MACK
Tucson
1111 East Benson Hwy.
Tucson, AZ 85713
Phone: (520) 791-0300
Fax: (520) 547-3550
VOLVO • MACK • ISUZU
www.vanguardtrucks.com
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CITY OF CASA GRANDE VEHICLE QUOTE
DATE 8/2/2011 P. ORDER #
USER DEPT Sanitation Dept-420 ORDINANCE #
DEALER Vanguard Truck Centers/ SALESMAN
Arizona Truck Center FAX:
ADDRESS 2402 S. 19th AvePhoenix, AZ 85009 Project Number:
PHONE 602-258-4500 Office Account Number:
602-421-2721 Cell
State Contract # SSC090001-3
TYPE OF VEHICLE 2012 MACK MRU 613 BASE PRICE
Left Hand Drive
COLOR EXT White
COLOR INT Neutral
CONTRACT OPTIONS: AS PER STATE CONTRACT:All Standard Factory Equipment
Automatic Transmission
Cruise Control
Four (4) keys, per vehicle
Air Conditioning
Cloth Seats
Rear View Mirrors; Both Doors
Standard Tint Glass (if available)
SPECIFICATION OPTIONS: REFER TO SPEC OPTIONS TAB OPTIONS/UPGRADES
SUBTOTAL
Taxable Total:
% RATE 9.30% Arizona Tax:
IN STOCK UNIT
TOTAL EACH:
Quantity 1 TOTAL:
Dave Standridge 63847.xls
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CITY OF CASA GRANDE VEHICLE QUOTE
Chris Anderson
602-258-5905
11-cfl-2965
540-35-426-4610-00
114,168.00$
included in base
included in base
included in base
included in base
included in base
included in base
included in base
included in base
16,646.00$
130,814.00$
130,814.00$
12,165.70$
142,979.70$
142,979.70$
Dave Standridge 63847.xls
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AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion Public Hearing Other
An Ordinance authorizing the City Manager to
negotiate and execute a Development/Pay-Back
Agreement associated with the development of
the parcel located at the Northeast corner of the
future Cacheris Ct. and Florence Blvd.
intersection (APN #505-23-001X)
RECOMMENDATION:
Staff recommends that the Mayor and City Council authorize the City Manager and City Attorney to negotiate and execute a Development/Pay-Back Agreement for the property adjacent to the new Chevron station being built off Florence Boulevard.
DISCUSSION:
The developer of the Chevron Gas and Convenience Store (Florence Blvd. Fuel 1. LLC) located at 2128 E. Florence Boulevard will be constructing off-site traffic improvements to Florence Blvd. west of the project site. These off-site improvements, which are beyond the scope required by the City Code, include extending an additional traffic lane, along with associated sidewalk and drainage improvements along the frontage of the parcel (APN 505-23-001X) located at the northeast corner of the future Cacheris Ct./Florence Blvd. intersection. These improvements to Florence Blvd. would be required in conjunction with the development of the parcel located northeast corner of future Cacheris Ct./Florence Blvd. intersection in accordance with Section 15.32.060.A. of the City Code. However, as a result of this development agreement the public will be able to use these roadway improvements, and reap the benefits of the associated traffic safety enhancements, prior to development of this corner. These off-site improvements will not only enhance the ability of the C-Store customers to merge into Florence Blvd. traffic, they also will enhance the turning movements into the future Cacheris Ct. and Holiday Inn Express Florence Blvd. entrance.
The development agreement obligates the City to reimburse Florence Blvd. Fuel 1 for the construction costs associated with these specific additional off-site public improvements, in an amount not to exceed $57,000, with the condition that the City is paid back for these costs. The pay-back is required prior to the approval of a building permit or development permit, for the parcel (APN 505-23-001X) located on the northeast corner of future Cacheris Ct./Florence Blvd. intersection or within 12 years, whichever occurs first. The current owner of this vacant undeveloped parcel (505-23-001X), Double G Properties of Casa Grande, LLC, will be a consenting party to the Development Agreement.
Date Submitted: 8/26/2011 Date Requested: 10/3/2011
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FISCAL IMPACT:
Approval of this Development/Pay-Back Agreement will require an expenditure of up to $57,000 from the FY 2011/2012 Budget with full reimbursement of these costs at a future date not to exceed 12 years.
ALTERNATIVES:
Prepared by: Recommended by: Approved by:
Paul Tice
Paul Tice
Jim Thompson Planning & Development
Director
Planning & Development
Director
City Manager
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
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ORDINANCE NO. ______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, APPROVING A DEVELOPMENT/PAY-BACK AGREEMENT BETWEEN THE CITY OF CASA GRANDE, FLORENCE BLVD. FUEL 1, LLC AND DOUBLE G PROPERTIES OF CASA GRANDE, LLC.; AND AUTHORIZING THE EXECUTION OF THE DEVELOPMENT/ PAY-BACK AGREEMENT BY THE CITY MANAGER.
BE IT ORDAINED by the Mayor and Council of the City of Casa Grande, Arizona, as
follows:
The Mayor and Council of the City of Casa Grande hereby: 1. Authorize the City Manager to negotiate a Development/Pay-Back Agreement
(identified in City records as C.G. No. _________) between the City of Casa Grande, Florence Blvd. Fuel 1, LLC and Double G Properties of Casa Grande, LLC.; and
2. Authorize the Finance Director to expend public funds as required by the
Development/Pay-Back Agreement in an amount not to exceed $57,000; and 2. Authorize the City Manager to execute the Development/Pay-Back Agreement on
behalf of the City of Casa Grande.
PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande, Arizona, this _____ day of October, 2011.
____________________________ Mayor
ATTEST: __________________________ City Clerk
APPROVED AS TO FORM: ___________________________ City Attorney
PZ O-Development Pay-Back Agreement for NE Corner of Cacheris Ct and Florence Blvd
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AGENDA ITEM:
DATE: 10/3/2011
CITY OF CASA GRANDE
REQUEST FOR COUNCIL ACTION
Type of Action Requested Subject
Resolution Ordinance Formal Action/Motion Public Hearing Other
Authorize Payment of Municipality Fee to the
Arizona Department of Water Resources in the
amount of $60,510.65 and authorize use of
Council Contingency for Payment.
RECOMMENDATION: Staff recommends Council authorize payment of the fee.
DISCUSSION: In the latest legislative session, the state approved Senate Bill 1624 which enacted
ARS 45-118. This legislation requires the Arizona Department of Water Resources to finance their operations through a fee to each municipality. The fee is based on City population divided by the State population times $7,000,000 less unobligated monies ($743,312,46). We can pay in two installments October 17th and January 6th. Staff contacted the League and spoke to ADWR regarding the applicability of the fee to Casa Grande since we do not provide water service to residents. The League indicated this bill was a compromise for a larger loss in state shared revenue. ADWR stated they were going to allocate the costs to all municipalities because that is what the statute requires.
FISCAL IMPACT: The fiscal impact is a additional expense of $60,510.65 to the General Fund.
Because this fee had not been imposed prior to the City completing its budget the funding is proposed to come from Council Contingency.
ALTERNATIVES:
Prepared by: Recommended by: Approved by:
Diane Archer
Diane Archer
Jim Thompson Finance Director Finance Director City Manager
Date Submitted: 9/12/2011 Date Requested: 10/3/2011
Reviewed by
Finance Director: Diane Archer Reviewed by
City Attorney: Brett Wallace
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ORDINANCE NO. ______
AN ORDINANCE OF THE COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA, AUTHORIZING PAYMENT OF A FEE TO THE ARIZONA DEPARTMENT OF WATER RESOURCES; AUTHORIZING USE OF COUNCIL CONTINGENCY FOR PAYMENT; AND AUTHORIZING EXPENDITURE OF PUBLIC FUNDS IN AN AMOUNT NOT TO EXCEED $60,510.65.
BE IT ORDAINED by the Council of the City of Casa Grande, Arizona, as follows:
The Mayor and Council of the City of Casa Grande hereby authorize:
1. Payment of Municipality Fee to the Arizona Department of Water Resources; 2. Use of Council Contingency for said payment; and 3. Expenditure of public funds in an amount not to exceed $60,510.65.
PASSED AND ADOPTED by the Mayor and Council of the City of Casa Grande, Arizona, this ______ day of October, 2011. ___________________________ Mayor ATTEST: APPROVED AS TO FORM: __________________________ ___________________________ City Clerk City Attorney
FIN O-Payment of Municipality Fee to Arizona Department of Water Resources
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45-118. Water resources; fee; municipalities
Notwithstanding any other law, the director of the department may assess and collect a fee from
each municipality in this state. The fee shall be assessed proportionally based on the population of
each municipality. The director shall deposit monies collected pursuant to this section in the water
resources fund established by section 45-117.
Page 1 of 1<b><b><b>45-118</b> </b> </b> - Water resources; fee; municipalities
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PUBLIC NOTICE
AS REQUIRED BY A.R.S. 38-431.03.A (3 & 4) THE CASA GRANDE CITY
COUNCIL WILL HOLD AN EXECUTIVE SESSION DURING A REGULAR
MEETING SCHEDULED ON OCTOBER 3, 2011, AT 7:00 P.M., CITY COUNCIL
CHAMBERS, 510 E. FLORENCE BLVD., THE PURPOSE OF THE MEETING IS
FOR THE FOLLOWING:
EXECUTIVE SESSION:
A.R.S. §38-431.03.
A. Upon a public majority vote of the members constituting a quorum, a public body
may hold an executive session but only for the following purposes:
3. Discussion or consultation for legal advice with the attorney or attorneys of
the public body.
4. Discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body's
position regarding contracts that are the subject of negotiations, in pending or
contemplated litigation or in settlement discussions conducted in order to avoid
or resolve litigation.
� Discussion and Consultation with City Attorney Regarding Negotiations of
a Memorandum of Understanding with St. Anthony of Padua Catholic
Church for 1st Street Right-of-Way Between Picacho Street and Drylake
Street
� Proposal by Ritchie Brothers to Amend the Development Agreement with
the City of Casa Grande
Posted at City Hall and Police Department on September 29, 2011 at 5:00 p.m.