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Home My WebLink AboutItem 09d - Purchase of CNG Dump TruckPurchase of CNG Dump Truck December 5, 2023 Page 1 of 3 DATE: December 5, 2023 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: John Corona, Utilities Superintendent SUBJECT: PURCHASE ORDER WITH 72 HOUR LLC DBA NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF ONE 2025 FREIGHTLINER CNG DUMP TRUCK IN THE AMOUNT OF $257,889.66 CEQA: Not a Project Recommendation: Approve SUMMARY The Fiscal Year 2023-24 Equipment Replacement Budget provides for the replacement of one dump truck for the Public Works Services Department (“PWSD”) that meets the replacement criteria outlined in the City’s Vehicle Replacement Program. After exploring purchasing options, it was determined that using Sourcewell, a national cooperative purchasing program, allows the City to streamline vehicle procurement and receive the best price possible. It is recommended that the City Council approve a Purchase Order with 72 Hour LLC dba National Auto Fleet Group for the purchase of one 2025 Freightliner Compressed Natural Gas (“CNG”) Dump Truck in the amount of $257,889.66. BACKGROUND The Fiscal Year 2023-24 Equipment Replacement Budget provides for the replacement of one dump truck in the PWSD. The vehicle that will be replaced is currently used by the Water Division and meets the age requirement of the City’s Vehicle Replacement Program. The vehicle being replaced is a 1993 dump truck with 79,589 miles. This 1993 dump truck will be replaced with a new CNG dump truck that will be equipped with current emissions equipment. The California Air Resources Board (“CARB”) regulates heavy-duty vehicle engine emissions through the “Fleet Rule for Public Agencies” Program. All heavy-duty vehicles must meet stringent emissions regulations that are currently only attainable through the use of Best Available Control Technology (BACT”), which includes utilizing alternative fuels such as CNG. The new CNG dump truck will be equipped with the most current emissions equipment to ensure BACT regulations are satisfied by the CARB. Purchase of CNG Dump Truck December 5, 2023 Page 2 of 3 DISCUSSION After exploring possible purchasing options, it was determined that using Sourcewell, a national cooperative purchasing program, enables the City to streamline the procurement process and receive the best price possible. The California Government Code authorizes public agencies to participate in cooperative purchasing agreements such as those established by Sourcewell, while remaining within the City’s adopted rules and procedures for purchasing. By utilizing a cooperative purchasing program, the City can streamline the procurement process and acquire vehicles and equipment at a lower cost than traditional competitive bidding. Sourcewell awarded a contract to 72 Hour LLC dba National Auto Fleet Group for a series of specialized heavy-duty vehicles with related equipment and accessories. 72 Hour LLC dba National Auto Fleet Group is an authorized dealer that can supply a 2025 Freightliner CNG Dump Truck that meets the City’s dump truck specifications and is equipped with the CARB required equipment. The bidding process and Sourcewell’s contracts have been reviewed by the PWSD and meet the City’s procurement requirements. A copy of 72 Hour LLC dba National Auto Fleet Group’s contract is attached. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”) per Section 15061 (b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT The cost of the 2025 Freightliner CNG Dump Truck is $257,889.66. The cost for safety lighting and communication equipment for the dump truck will be approximately $4,900 and will be acquired through a separate purchase order. Funds in the amount of $330,300 have been budgeted in the Fiscal Year 2023-24 Equipment Replacement Budget to replace this dump truck; therefore, sufficient funds exist for this purchase. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve a Purchase Order with 72 Hour LLC dba National Auto Fleet Group for the purchase of one 2025 Freightliner CNG Dump Truck in the amount of $257,889.66. Purchase of CNG Dump Truck December 5, 2023 Page 3 of 3 Attachments: 72 Hour LLC dba National Auto Fleet Group Proposal Contract Sourcewell Contract National Auto Fleet Group A Division of Chevrolet of Watsonville 490 Auto Center Drive, Watson ville, CA 95076 (855)289-6572 • (831) 480-8497 Fax Fl eet@N atio n a IAuto Fl eetG ro up .com Contract Manager BEN@NationalAutoFleetGroup.com Office (855) 289-6572 Fax (831) 480-8497 RA.INII Quote ID#2636HD Chassis and Option CTEC Quote Tax (10.25%) Tire Fee Total This sourced item(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 060920-NAF. Please reference this Bid Number on all Purchase Orders. Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call. Sincerely, $ 257,889.66 11/6/2023 Mr. John Corona City of Arcadia 240 W Huntington Dr. Arcadia, CA91007 Dear John Corona, National Auto Fleet Group is pleased to quote the following sourced item(s) for your consideration. One (1) New/Unused (2025 Freightliner M2 112 Plus, Cummins L9N 320 HP Engine, Allision 3000 EDS Transmission with 12' Carbon Steel Dump Body via CTEC) and provided by Mr. Chris Burlew with Freightliner, each for: $ 181,434.00 $ 52,470.00 $ 23,975.16 $ 10.50 Contract Price Payment in full before title is released. PRICES SUBJECT TO CHANGE FOR FRIEGHTLINER SURCHARGES in 2024cy ORDER IS NON-CANCELLBLE Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 SPECIFICATION PROPOSAL Data Code Price Level PRL-28M Data Version Description M2 PRL-28M (EFF:MY25 ORDERS) DRL-012 SPECPRO21 DATA RELEASE VER 012 Bright Work Packages 024-001 BRIGHT WORK PACKAGE 1 -CHROMED: AIR INTAKE, GRILLE, HEADLIGHT BEZEL AND 14 INCH ROUND POLISHED AIR HORN V'efilie1e CGflf'1g1:.1rati0n 001-175 004-225 002-004 019-006 003-001 GeneraJ Serviee AA1-003 AA6-001 99D-024 AF2-013 A85-011 A84-1GM AA4-010 AA5-002 AB1-008 M2 112 PLUS CONVENTIONAL CHASSIS 2025 MODEL YEAR SPECIFIED SET BACK AXLE -TRUCK TRAILER TOWING PROVISION AT END OF FRAME WITH SAE J560 LH PRIMARY STEERING LOCATION TRUCK/TRAILER CONFIGURATION DOMICILED, USA 50 STATES (INCLUDING CALIFORNIA AND CARB OPT-IN STATES) NON DIESEL VEHICLES ONLY -CARS CERTIFIED AND FOR INITIAL REGISTRATION IN 50 STATES, BUT NOT SUBJECT TO CARB CLEAN IDLE REQUIREMENTS INITIAL REGISTRATION CALIFORNIA CONSTRUCTION SERVICE GOVERNMENT BUSINESS SEGMENT DIRT/SAND/ROCK COMMODITY TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS MAXIMUM 8% EXPECTED GRADE Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec .iiiiiiiiiiiiiii��iii-1111 @ti@WVN@ Weight Front 8,244 10 Weight Rear 6,026 10 09/15/2023 4:09 PM Page 1 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code AB5-001 995-1AD A66-99D A68-99D A63-99D A70-99D Truck Service AA3-005 A89-99D AF3-1P7 AF7-99D Engine 101-3FM Description SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE FREIGHTLINER LEVEL I WARRANTY EXPECTED FRONT AXLE{S) LOAD: 12000.0 lbs EXPECTED REAR DRIVE AXLE(S) LOAD : 21000.0 lbs EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 33000.0 lbs EXPECTED GROSS COMBINATION WEIGHT: 35000.0 lbs FLATBED/PLATFORM/STAKE BODY BRAKING-EXPECTED CAB TO BODY CLEARANCE : 27.0 in CUSTOM TRUCK AND EQUIPMENT EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES : 32.0 in CUM L9N 320 HP @ 2000 RPM, 2200 GOV, N- GAS, 1000 LB-FT @ 1300 RPM, HHD Etectrooic Parameters 79A-070 70 MPH ROAD SPEED LIMIT 798-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-007 PTO MODE ENGINE RPM LIMIT -1100 RPM 79S-005 PTO MODE CANCEL VEHICLE SPEED -10 MPH 79U-004 PTO GOVERNOR RAMP RATE -100 RPM PER SECOND 79W-024 CRUISE CONTROL BUTTON PTO CONTROL 80G-002 PTO MINIMUM RPM -700 80S-003 PTO 1, DASH SWITCH, ENGAGE BEFORE DRIVING 80V-100 PTO MODE SPEED CONTROL ACTIVATION REQUEST FOR REMOTE ENGINE INTERFACE Engine Equipment 99C-124 EPA 2010 GHG 2024/CARB 2024 UL TRALOW NOX CONFIGURATION 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER Application Version 11.8.106 I!!) Data Version PRL-28M.012 CGt·Bll� Arcadia 2025 Dump spec Weight Front -850 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear -70 09/15/2023 4:09 PM Page 2 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 124-1DJ 292-236 290-017 281-004 282-003 291-017 289-001 293-058 295-029 306-015 107-032 108-002 131-013 152-041 128-998 016-013 28F-010 239-001 237-052 23U-998 273-018 276-001 110-017 118-008 266-017 Description DR 12V 160 AMP 36-SI BRUSHLESS QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE (3)DTNA GENUINE, FLOODED STARTING, MIN 3000CCA, 555RC, THREADED STUD BATTERIES BATTERY BOX FRAME MOUNTED BATTERY JUMPERS WITH MEGA FUSE JUNCTION BLOCK (MFJB) SINGLE BATTERY BOX FRAME MOUNTED LH SIDE BACK OF CAB WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN NON-POLISHED BATTERY BOX COVER POSITIVE LOAD DISCONNECT WITH CAB MOUNTED CONTROL SWITCH MOUNTED OUTBOARD DRIVER SEAT POSITIVE AND NEGATIVE POSTS FOR JUMPSTART LOCATED ON FRAME NEXT TO STARTER PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3 VOLTS FOR DESIGNATED CIRCUITS CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR AIR COMPRESSOR DISCHARGE LINE ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM NO RETARDER/ENGINE BRAKE SINGLE HORIZONTAL MUFFLER WITH HORIZONTAL TAILPIPE EXHAUST, RH MOUNTED ENGINE AFTERTREATMENT WIRING, OXYGEN SENSOR STANDARD EXHAUST SYSTEM LENGTH RH STANDARD HORIZONTAL TAILPIPE NO DIESEL EXHAUST FLUID TANK HORTON DRIVEMASTER ADVANTAGE ON/OFF FAN DRIVE AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED CUMMINS SUPPLIED FLEETGUARD COALESCING FILTER (LOW PRESSURE) CNG COMBINATION FULL FLOW/BYPASS OIL FILTER 1300 SQUARE INCH ALUMINUM RADIATOR Application Version 11.8.106 <II> Data Version PRL-28M.012 ca·mtm��i3J Arcadia 2025 Dump spec Weight Front 10 4 2 2 -160 -25 -20 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear -80 -25 09/15/2023 4:09 PM Page 3 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 103-036 171-007 172-001 270-016 134-001 155-058 Transmission Description ANTIFREEZE TO -34F, ETHYLENE GLYCOL PRE CHARGED SCA HEAVY DUTY COOLANT GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES RADIATOR DRAIN VALVE ALUMINUM FLYWHEEL HOUSING DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH 342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission Equipment 343-339 84B-002 84C-023 84D-023 84E-000 84F-0O0 84G-000 84H-OO0 84J-000 84K-000 ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV ALLISON VOCATIONAL RATING FOR CONCRETE MIXER APPLICATIONS ONLY AVAILABLE WITH 3000 PRODUCT FAMILIES PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec Weight Front -10 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 4 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 84N-200 84U-000 353-073 34C-011 362-656 363-001 341-018 345-003 97G-004 Description FUEL SENSE 2.0 DISABLED -PERFORMANCE - TABLE BASED DRIVER SWITCH INPUT -DEFAULT -NO SWITCHES QUICKFIT BODY LIGHTING CONNECTOR UNDER CAB, WITH CAP ELECTRONIC TRANSMISSION WIRING TO CUSTOMER INTERFACE CONNECTOR CUSTOMER INSTALLED MUNCIE A20 SERIES PTO PTO MOUNTING, LH SIDE OF MAIN TRANSMISSION ALLISON MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED TRANSMISSION PROGNOSTICS-ENABLED 2013 370-015 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID (TES-295 COMPLIANT) Front Axle- and Equipment 400-1A6 402-049 403-002 419-023 409-006 408-001 416-022 405-002 536-050 539-003 534-015 40T-002 DETROIT DA-F-12.0-3 12,000# FF1 71.5 KPl/3.74 DROP SINGLE FRONT AXLE MERITOR 16.5X5 Q+ CAST SPIDER CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES NON-ASBESTOS FRONT BRAKE LINING CONMET CAST IRON FRONT BRAKE DRUMS FRONT OIL SEALS VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS -OIL STANDARD SPINDLE NUTS FOR ALL AXLES MERITOR AUTOMATIC FRONT SLACK ADJUSTERS TRW THP-60 POWER STEERING POWER STEERING PUMP 2 QUART SEE THROUGH POWER STEERING RESERVOIR CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LUBE Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec • @ti&WliN® Weight Front 15 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 5 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code Front Suspension 620-1F0 619-005 410-001 Description 12,000# DUAL TAPERLEAF FRONT SUSPENSION MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION FRONT SHOCK ABSORBERS Rear Axle and Equipment 420-009 RS-21-160 21,000# R-SERIES SINGLE REAR AXLE 421-563 5.63 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-073 MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE WITH HALF ROUND YOKES 452-001 DRIVER CONTROLLED TRACTION DIFFERENTIAL -SINGLE REAR AXLE 878-018 (1)DRIVER CONTROLLED DIFFERENTIAL LOCK REAR VALVE FOR SINGLE DRIVE AXLE 87B-026 INDICATOR LIGHT AND BUZZER FOR EACH DIFFERENTIAL LOCKOUT SWITCH, ENGAGE AT SPEEDS 5 MPH OR LESS, DISENGAGE W/IGN OFF 423-085 MERITOR 16.5X8.62 Q+ CAST SPIDER HEAVY DUTY CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING 434-012 BRAKE CAMS AND CHAMBERS ON REAR SIDE OF DRIVE AXLE(S) 451-023 CONMET CAST IRON REAR BRAKE DRUMS 425-002 REAR BRAKE DUST SHIELDS 440-006 REAR OIL SEALS 426-100 WABCO TRISTOP D LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-002 MERITOR AUTOMATIC REAR SLACK ADJUSTERS 41T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE Rear Suspension 622-003 23,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD 621-001 SPRING SUSPENSION -NO AXLE SPACERS 431-007 STANDARD U-BOL T PAD WITH U-BOL TS EXTENDED 1.00" LONGER THAN STANDARD 623-005 FORE/AFT CONTROL RODS Application Version 11.8.106 It) Data Version PRL-28M.012 CfZ·Bi!UmiJ Arcadia 2025 Dump spec Weight Front 42 -30 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear -2,300 -30 20 10 5 -20 80 09/15/2023 4:09 PM Page 6 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone:626-256-6574 Data Code Description Pusher / Tag Eqruipment 429-998 NO PUSHER/TAG BRAKE DUST SHIELDS Brake System 018-002 AIR BRAKE PACKAGE 490-1AU WABCO 4S/4M ABS WITH TRACTION CONTROL WITH ATC SHUT OFF SWITCH 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-088 WABCO SYSTEM SAVER HP WITH INTEGRAL AIR GOVERNOR AND HEATER 483-004 WABCO OIL COALESCING FILTER FOR AIR DRYER 479-015 AIR DRYER FRAME MOUNTED 460-048 STEEL AIR BRAKE RESERVOIRS MOUNTED IN CAB ENTRY STEPS WHEN POSSIBLE 477-008 BW DV-2 AUTO DRAIN VALVE WITH HEATER - WET TANK, PETCOCKS ALL OTHERS Trailer CEJAneethms 481-998 NO TRAILER AIR HOSE 476-998 NO AIR HOSE HANGER 914-025 AIR CONNECTIONS TO END OF FRAME WITH GLAD HANDS FOR TRUCK AND DUST COVERS 919-069 (1)QUICKFIT PROGRAMMABLE SOLENOID W/STATE RETENTION PLUMBED TO END OFFRAME 296-010 PRIMARY CONNECTOR/RECEPTACLE WIRED FOR SEPARATE STOP/TURN, ABS CENTER PIN POWERED THROUGH IGNITION 303-027 SAE J560 7-WAY PRIMARY TRAILER CABLE RECEPTACLE TEMPORARY TIED & COILED IN CHASSIS END OF FRAME WITH 4' ADDITIONAL; NO BRACKETS 334-003 SUPPLEMENTAL ISO 3731 7-WAY RECEPTACLE LOCATED WITH PRIMARY RECEPTACLE END OF FRAME 310-998 NO TRAILER ELECTRICAL CABLE Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec Weight Front Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 7 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code Wheelbase & Frame 545-507 546-102 552-030 55W-006 AC8-99D AE8-99D AE4-99D FSS-0LH FSS-0RH 553-001 550-001 559-001 561-001 562-001 572-001 565-001 Chassis Equipment 556-1AR 558-070 574-001 585-998 590-998 586-024 551-007 442-002 607-016 Fifth Wheel Description 5075MM (200 INCH) WHEELBASE 7/16X3-9/16X11-1/8 INCH STEEL FRAME (11.11 MMX282.6MM/0.437X11.13 INCH) 120KSI 1600MM (63 INCH) REAR FRAME OVERHANG FRAME OVERHANG RANGE: 61 INCH TO 70 INCH CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 134.25 in CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA): 107.25 in CALC'D FRAME LENGTH -OVERALL : 292.91 in CALCULATED FRAME SPACE LH SIDE: 100.63 in CALCULATED FRAME SPACE RH SIDE: 101.63 in SQUARE END OF FRAME FRONT CLOSING CROSSMEMBER STANDARD WEIGHT ENGINE CROSSMEMBER STANDARD CROSSMEMBER BACK OF TRANSMISSION STANDARD MIDSHIP #1 CROSSMEMBER(S) STANDARD REARMOST CROSSMEMBER STANDARD SUSPENSION CROSSMEMBER THREE-PIECE 14 INCH CHROMED STEEL BUMPER WITH COLLAPSIBLE ENDS REMOVABLE FRONT TOW/RECOVERY DEVICE,STORED ON CHASSIS FRAME BUMPER MOUNTING FOR SINGLE LICENSE PLATE NO MUDFLAP BRACKETS NO REAR MUDFLAPS FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS GRADE 8 THREADED HEX HEADED FRAME FASTENERS EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE CLEAR FRAME RAIL FROM BACK OF CAB TO FRONT REAR SUSPENSION BRACKET LH RAIL INSIDE/OUTBOARD AND BELOW Application Version 11.8.106 ® Data Version PRL-28M.012 CQrimlll!li� Arcadia 2025 Dump spe c Weight Front 180 15 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 190 09/15/2023 4:09 PM Page 8 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 578-998 Fuel Tanks 204-998 230-087 231-008 664-001 205-063 220-008 216-059 202-020 Tires 093-1G4 094-2DE Hubs 418-060 450-060 Wheels 502-753 505-753 496-011 497-011 Cab Exteriar 829-072 650-008 Description NO FIFTH WHEEL NO LH FUEL TANK 60 DIESEL GALLON EQUIVALENT (DGE) COMPRESSED NATURAL GAS (CNG) FUEL TANKS STACKED BACK OF CAB, 4X16 INCHES DIAMETER, 4TH GENERATION, TYPE 3 CYLINDERS STACKED TRANSVERSE MOUNTING BACK OF CAB FOR CNG TANKS WITH PAINTED SHIELDING PLAIN STEP FINISH LH CNG NGV1 STANDARD FILL RECEPTACLE AND DUST CAPS WITH ADDITIONAL HIGH FLOW AND DEFUELER RECEPTACLES CNG FUEL HEATING SYSTEM SINGLE CNG FUEL LINE WITH IN-LINE SOLENOID SHUTOFF VALVE AND PRESSURE REGULATOR STAINLESS STEEL AND SYNTHETIC RUBBER FLEXIBLE FUEL LINES -NATURAL GAS SERVICE MICHELIN XZE211R22.5 14 PLY RADIAL FRONT TIRES MICHELIN X MULTI ENERGY D 11R22.5 14 PLY RADIAL REAR TIRES CONMET PRESET PLUS PREMIUM IRON FRONT HUBS CONMET PRESET PLUS PREMIUM IRON REAR HUBS MAXION WHEELS 91262 22.5X8.25 10-HUB PILOT 6.20 INSET 5-HAND STEEL DISC FRONT WHEELS MAXION WHEELS 91262 22.5X8.2510-HUB PILOT 5-HAND STEEL DISC REAR WHEELS FRONT WHEEL MOUNTING NUTS REAR WHEEL MOUNTING NUTS 112 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB AIR CAB MOUNTING Application Version 11.8.106 ® Data Version PRL-28M.012 ca;-&'li!UlDJ Arcadia 2025 Dump spec Weight Front -85 600 80 10 12 10 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear -20 450 50 80 20 09/15/2023 4:09 PM Page 9 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone:626-256-6574 Data Code 648-001 678-001 646-023 65X-003 644-004 690-017 727-1AF 726-002 728-001 575-001 312-038 302-047 311-001 294-046 300-015 744-1BC 797-001 796-001 743-204 729-001 275-061 764-010 768-043 661-003 654-011 769-002 663-013 659-019 647-001 Cab Interior Description FRONT-REMOVABLE GRILLE MOUNTED BUGSCREEN LH AND RH GRAB HANDLES HOOD MOUNTED CHROMED PLASTIC GRILLE CHROME HOOD MOUNTED AIR INTAKE GRILLE FIBERGLASS HOOD HOOD LINER, ADDED FIREWALL AND FLOOR HEAT INSULATION SINGLE 14 INCH ROUND HADLEY AIR HORN UNDER LH DECK DUAL ELECTRIC HORNS SINGLE HORN SHIELD REAR LICENSE PLATE MOUNT END OF FRAME INTEGRAL HEADLIGHT/MARKER ASSEMBLY WITH CHROME BEZEL LED AERODYNAMIC MARKER LIGHTS DAYTIME RUNNING LIGHTS OMIT STOPfTAIUBACKUP LIGHTS AND PROVIDE WIRING WITH SEPARATE STOPfTURN WIRES TO 4 FEET BEYOND END OF FRAME STANDARD FRONT TURN SIGNAL LAMPS DUAL WEST COAST BRIGHT FINISH HEATED MIRRORS WITH LH AND RH REMOTE DOOR MOUNTED MIRRORS 102 INCH EQUIPMENT WIDTH LH AND RH 8 INCH BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS STANDARD SIDE/REAR REFLECTORS PARK BRAKE REMINDER WARNING SYSTEM COMPOSITE EXTERIOR SUN VISOR 63X14 INCH TINTED REAR WINDOW TINTED DOOR GLASS LH AND RH WITH TINTED NON-OPERATING WING WINDOWS RH AND LH ELECTRIC POWERED WINDOWS LOWER RH DOOR WINDOW WITH FRESNEL LENS 1-PIECE SOLAR GREEN GLASS WINDSHELD 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED WHITE WINTERFRONT Application Version 11.8.106 "® Data Version PRL-28M.012 CQ;·&llUl� Arcadia 2025 Dump spec Weight Front 5 4 10 7 2 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear -5 09/15/2023 4:09 PM Page 10 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 055-019 707-107 70K-020 706-013 708-013 772-006 785-027 691-001 693-035 738-021 742-007 680-029 720-003 71T-002 714-001 700-002 701-001 703-005 170-015 130-041 702-002 739-034 285-013 280-007 324-1B2 787-004 657-001 78G-004 655-005 722-028 756-338 Description RUGGED TRIM PACKAGE GRAY & CARBON VINYL INTERIOR "RUGGED" CARBON WITH PREMIUM GUNMETAL ACCENT (RUGGED} MOLDED PLASTIC DOOR PANEL MOLDED PLASTIC DOOR PANEL BLACK MATS WITH SINGLE INSULATION (2} 12V DASH MOUNTED POWER OUTLETS FORWARD ROOF MOUNTED CONSOLE LH AND RH KICKPLATES DIGITAL ALARM CLOCK IN DRIVER DISPLAY (2} CUP HOLDERS LH AND RH DASH M2/SD DASH 5 LB. FIRE EXTINGUISHER METHANE DETECTION SYSTEM WITH (1} SENSOR IN CAB AND (1} SENSOR IN ENGINE COMPARTMENT FIRST AID KIT HEATER, DEFROSTER AND AIR CONDITIONER STANDARD HVAC DUCTING MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH STANDARD HEATER PLUMBING VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR BINARY CONTROL, R-134A PREMIUM INSULATION SOLID-STATE CIRCUIT PROTECTION AND FUSES 12V NEGATIVE GROUND ELECTRICAL SYSTEM PREMIUM LED CAB LIGHTING REMOTE KEYLESS ENTRY AND 2 TRANSMITTERS DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME KEY QUANTITY OF 4 LH AND RH ELECTRIC DOOR LOCKS TRIANGULAR REFLECTORS KIT WITHOUT FLARES SHIPPED LOOSE IN CAB BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEATWTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION Application Version 11.8.106 ® Data Version PRL-28M.012 CQi&lllt� Arcadia 2025 Dump spec Weight Front 10 10 2 10 30 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 11 of 16 Prepared for: John Corona ARCADIA CllY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 760-344 711-004 758-143 761-143 763-102 532-002 540-070 765-002 Description 2 MAN TOOL BOX MID BACK NON SUSPENSION PASSENGER SEAT WITH HEADRESTS, SEATS INC. LH AND RH INTEGRAL DOOR PANEL ARMRESTS RUGGED CLOTH BLACK WITH GRAY DRIVER SEAT RUGGED CLOTH BLACK WITH GRAY PASSENGER SEAT HIGH VISIBILllY ORANGE SEAT BEL TS ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 4-SPOKE 18 INCH (450MM) LEATHER WRAPPED STEERING WHEEL WITH CHROME SWITCH BEZELS DRIVER AND PASSENGER INTERIOR SUN VISORS Instrument& & Control§ * 4CH-004 4 EXTRA PROGRAMMABLE SWITCHES/INDICATORS $C1 B0000ZZ,C1 C0000ZZ,C1 D0000ZZ,C1 E0000ZZ 106-002 ELECTRONIC ACCELERATOR CONTROL 734-023 CONFIGURABLE LOWER PANEL WITH INTEGRATED UPPER STORAGE 87L-001 ENGINE REMOTE INTERFACE WITH PARK BRAKE INTERLOCK 870-002 BRIGHT ARGENT FINISH GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-001 DUAL NEEDLE PRIMARY AND SECONDARY AIR PRESSURE GAUGE 198-003 DASH MOUNTED AIR RESTRICTION INDICATOR WITH GRADUATIONS 721-003 87 DECIBELS TO 112 DECIBELS AUTOMATIC SELF-ADJUSTING BACKUP ALARM 149-015 ELECTRONIC CRUISE CONTROL WITH CONTROLS ON STEERING WHEEL SPOKES 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-044 PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT COLOR DISPLAY 81 B-003 DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER DISPLAY Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec ;;;.iiiiiii,ii1iiii•iiiiiii-® @Zi1#UilN1@ Weight Front 20 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 3 09/15/2023 4:09 PM Page 12 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone:626-256-6574 Data Code 160-038 844-027 148-072 48H-003 4C0-998 48C-003 163-014 856-001 864-022 867-004 830-017 33A-802 372-123 736-998 72J-998 49B-004 738-998 852-002 35M-010 1 U1-002 746-135 747-001 750-002 753-001 Description HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH AGILITY BLUE IQ FUEL GAUGE -4TH GEN PROCAB SYSTEMS FMM CONTROLLERS ENGINE REMOTE INTERFACE WITH ONE OR MORE SET SPEEDS QUICKFIT POWERTRAIN INTERFACE CONNECTOR UNDER CAB WITH CAPS NO ADDITIONAL EXTRA SWITCH ACCUATORS QUICKFIT PROGRAMMABLE INTERFACE CONNECTOR(S) UNDER CAB WITH CAP ENGINE REMOTE INTERFACE CONNECTOR AT POWERTRAIN INTERFACE CONNECTOR ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE DIGITAL TRANSMISSION OIL TEMPERATURE IN DRIVER DISPLAY ELECTRONIC OUTSIDE TEMPERATURE SENSOR DISPLAY IN DRIVER MESSAGE CENTER ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY WIRING PROVISION FOR CUSTOMER FURNISHED ROOF MOUNTED STROBE/BEACON LIGHTS PTO CONTROLS FOR ENHANCED VEHICLE ELECTRIC/ELECTRONIC ARCHITECTURE NO OBSTACLE DETECTION SYSTEM NO DR ASSIST SYSTEM ELECTRONIC STABILITY CONTROL NO LANE DEPARTURE WARNING SYSTEM ELECTRIC ENGINE OIL PRESSURE GAUGE QUICKFIT PROGRAMMABLE INTERFACE MODULE TOP OF DASH RAM MOUNT WITHOUT POWER OR GROUND, FOR CUSTOMER FURNISHED DEVICE AM/FM/WB WORLD TUNER RADIO WITH SIRIUSXM, BLUETOOTH, IPOD INTERFACE, USB AND AUXILIARY INPUTS, J1939 DASH MOUNTED RADIO (2)RADIO SPEAKERS IN CAB AM/FM ANTENNA MOUNTED ON FORWARD LH ROOF Application Version 11.8.106 I!') Data Version PRL-28M.012 Cflt-am�� Arcadia 2025 Dump spec Weight Front 2 10 10 Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 13 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 78C-003 74D-006 810-027 817-001 812-001 813-1 CB 8D1-303 6TS-008 162-002 264-030 482-001 883-001 836-015 660-008 304-030 882-004 299-020 298-046 869-800 Design 065-000 Color 980-5F6 986-020 Description INTEROPERABLE SOAR ANTENNA STANDARD RADIO WIRING WITH STEERING WHEEL CONTROLS ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER STANDARD VEHICLE SPEED SENSOR ELECTRONIC 3000 RPM TACHOMETER DETROIT CONNECT PLATFORM HARDWARE 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT (2)TMC RP1226 ACCESSORY CONNECTORS: (1) LOCATED BEHIND PASSENGER SIDE REMOVABLE DASH PANEL (1) CENTER OF OVERHEAD CONSOLE IGNITION SWITCH CONTROLLED ENGINE STOP (1)OVERHEAD MOUNTED LANYARD CONTROL FOR DRIVER AIR HORN BW TRACTOR PROTECTION VALVE TRAILER HAND CONTROL BRAKE VALVE DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR OPTIONAL FOG/ROAD LAMPS TWO VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, HEADLAMP FLASH, WASH/WIPE/INTERMITTENT INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH 40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY HOLE IN DASH FOR CUSTOMER FURNISHED 2 INCH GAUGE PAINT: ONE SOLID COLOR CAB COLOR A: L0006EY WHITE ELITE EY BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT Application Version 11.8.106 e Data Version PRL-28M.012 CG&Zllt� Arcadia 2025 Dump spec Weight Front Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear 09/15/2023 4:09 PM Page 14 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 Data Code 98K-5F6 962-972 966-972 976-995 Description PAINT-FUEL CABINET: L0006EY WHITE ELITE EY POWDER WHITE (N0006EA) FRONT WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) POWDER WHITE (N0006EA) REAR WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) SUNVISOR PAINTED SAME AS CAB COLOR A 969-998 NO CAB/BODY EXTERIOR DECALS 963-003 STANDARD E COAT/UNDERCOATING Cert-iff&aticm I ComplianGe ---------�-- 996-001 Sales Programs PMY-3G1 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS BUSINESS QUOTE SALES PROGRAM Weight Front TOTAL VEHICLE SUMMARY Adjusted List Price Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 Weight Rear Weight SWflfirlary. Weight Weight Total Front Rear Weight Factory Weight+ 81881bs 43941bs 125821bs Total Weight+ 81881bs 43941bs 125821bs ITEMS NOT INCLUDED IN ADJUSTED LIST PNV-998 NO CARB24 PRICING IMPACT PRICE RD1-303 3 YRS DAIMLER CONNECTIVITY BASE PKG (VARY BY MODEL) POWERED BY DETRIOT CONNECT Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec :;iiiiiiii;iiiiij;iiiiiiijjiiii,_; ® @ti@ihlW@ 09/15/2023 4:09 PM Page 15 of 16 Prepared for: John Corona ARCADIA CITY OF 240 W HUNTINGTON DR ARCADIA, CA 91007 Phone: 626-256-6574 RAC-42N RAU-025 RFY-022 RFU-022 P73-2FT M2/SD PLUS ESCALATOR MY25 ESCALATOR FRONT TIRE SURCHARGE REAR TIRE SURCHARGE STANDARD DESTINATION CHARGE (+) Weights shown are estimates only. If weight is critical, contact Customer Application Engineering. Prepared by: Chris Burlew LOS ANGELES FTL -WST 13800 VALLEY BLVD. FONTANA, CA 92335 Phone: 909-510-5061 (**) Prices shown do not include taxes, fees, etc ... "Net Equipment Selling Price" is located on the Quotation Details Proposal Report. (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. Application Version 11.8.106 Data Version PRL-28M.012 Arcadia 2025 Dump spec QI) @·&WWl1NiliJ 09/15/2023 4:09 PM Page 16 of 16 060920-NAF Rev. 2/2020 1 Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in 060920-NAF Rev. 2/2020 2 Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. 060920-NAF Rev. 2/2020 3 Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. 060920-NAF Rev. 2/2020 4 A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. 060920-NAF Rev. 2/2020 5 B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity’s order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 060920-NAF Rev. 2/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor’s partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than 45 calendar days after the end of each calendar quarter. 060920-NAF Rev. 2/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused 060920-NAF Rev. 2/2020 8 by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and 060920-NAF Rev. 2/2020 9 promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 060920-NAF Rev. 2/2020 10 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: 060920-NAF Rev. 2/2020 11 x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 060920-NAF Rev. 2/2020 12 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 – annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. 060920-NAF Rev. 2/2020 13 C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs 060920-NAF Rev. 2/2020 14 operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work 060920-NAF Rev. 2/2020 15 Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. 060920-NAF Rev. 2/2020 16 F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right 060920-NAF Rev. 2/2020 17 also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell 72 Hour LLC dba: National Auto Fleet Group By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper Title: Director of Operations & Procurement/CPO Title: Fleet Manager Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________