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2017-11-13 btf NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement (procurement@pitkincounty.com). If not already completed, any contracts $50,000 and over will be routed for signatures to County Manager and Attorney’s Office (if required) by Procurement. Contract Information Contract Number 019.2019 Project Name R&B Street Sweeper Contractor Equipment Company Of the Rockies, LLC Budget Line Item 111.53.00952.86650 $ 270,698.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ $ $ $ Contract Start Date 1/28/2019 Contract End Date 1/28/2020 Renewals Available? Yes ☐ No☒ Retainage Yes $ or % No☒ If this is a new contractor, please request they complete and submit to Finance a New Vendor Request Form. Contact Information: Department Fleet Management County Representative Jonah Frank County Representative Phone (970) 920-5393 Provide a brief description of the contract: Purchase a New Street Sweeper to Replace out unit Contract Value Summary: Original Contract Amount $ 270,698.00 Previous Change Order/Amendment Amount $ 0.00 This Change order/Amendment amount $ 0.00 New Contract Total $ 270,698.00 Procurement Method: None ☐ Informal☐ Formal ☒ Sole Source ☐ Outside Agency ☒ Emergency ☐ Contract Type: Services/Maintenance ☐ Construction ☐ Goods, Equipment, Supplies ☒ Change Order/Amendment ☐ Contract Renewal ☐ Other, please explain ☐ Click here to enter text. Rev. 2018-10-10 btf Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Procurement Cover Sheet and send the original signed contract with coversheet to Procurement office for archiving. OUTSIDE AGENCY BID MEMORANDUM TO: File FROM: Jonah Frank, Fleet Manager RE: R&B Street Sweeper DATE: February 12, 2019 OUTSIDE AGENCY BID At the procurement officer’s discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State of Colorado's or other governmental jurisdiction’s competitive procurement process. The other jurisdiction’s process must maintain the spirit of the County’s procurement standards in order for the proposal to be accepted by the County (Pitkin County Procurement Code section 3- 106.) Contract #: 019.2019 Budget Line Item #: 111.53.00952.86650 Budget: $350,000.00 Description of Project: Purchase a Replacement Street Sweeper for R&B Outside Agency Procurement process used (Describe briefly the governmental agency whose bid you are using and the terms and conditions of the resulting contract. Include a copy of the outside agency bid in your file.): HGAC Houston-Galveston Area Council, Contract #SW04-18 Sweeping Equipment Contractor Contacted: ECOR, Equipment Company of the Rockies, LLC _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date COUNTY MANAGER: ________________________________________________ !#COUNTY MANAGER#! Date Fleet Manager Jonah Frank Feb-19-2019 Jon Peacock County Manager Feb-22-2019 COOPERATIVE PURCHASING PROGRAM Houston-Galveston Area Council of Governments 3555 Timmons, Suite 120, Houston, TX 77027 Phone: 800-926-0234 Fax: 713-993-4548 www.hgacbuy.org INVITATION TO SUBMIT A COMPETITIVE: BID PROPOSAL INVITATION NO.: SW04-18 ISSUE DATE: November 2, 2017 CATEGORY: SWEEPING EQUIPMENT 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 and services described herein. These may be purchased by any of more than 5000 local government and non-profit member organizations. H-GAC expects (confirmed by a response to this Invitation) Offeror to have the capability and willingness to serve any H-GAC member, directly, or indirectly (through an arrangement with, or contractual "assignment" to, a s eparate dealer). Responses must be signed, sealed, and submitted in an original and one (1) copy (printed and electronic), and shall be subject to the terms, conditions, requirements and specifications detailed in the documents comprising this Invitation. Any responses submitted later than 1:00 p.m., C.T., on the due date will be returned unopened to the bidder. PROCUREMENT SCHEDULE PRE-PROPOSAL CONFERENCE NOTICE September 8, 2017 PRE-PROPOSAL CONFERENCE: October 3, 2017 @ 9:00 a.m. CT; H-GAC offices, 2nd floor FINAL SPECIFICATION / INVITATION: November 2, 2017 CLOSE OF OPEN BID PERIOD: December 5, 2017 @ 1:00 p.m. CT; H-GAC clock PUBLIC RESPONSE OPENING: December 5, 2017 @ 2:00 p.m. CT; H-GAC clock AWARD RECOMMENDATIONS TO HGAC BOARD: February 20, 2018 TARGETED CONTRACT START DATE & TERM: April 1, 2018 (2 years) The documents comprising this Invitation are available via (appropriate boxes checked) - E-mail - Web Download @ www.hgacbuy.org For questions regarding this Invitation, please contact: Name: Neal Witty Phone: 713.499.6693 E -mail: neal.witty@h-gac.com CONTENTS OF THIS INVITATION SECTION-A: General Terms & Conditions (Final) SECTION-B: Proposal-Specific Response Requirements (Final) SECTION-C: H-GAC Forms (Final) SECTION-D: Pro-Forma (Sample) Contract W-9, CIQ, and 1295 Forms, HB89 Form NOTE: FAILURE TO SUBMIT PROPOSAL RESPONSES ON OR PRIOR TO THE 1:00 CUTOFF TIME, OR WITHOUT THE REQUIRED SEALED BID FORMAT, OR WITHOUT THE REQUIRED FORM-A SIGNATURE MAY RESULT IN RESPONSE BEING DEEMED AS NON-COMPLIANT. LABELING OF 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 ATTN: Cooperative Purchasing Sealed Bid No. SW04-18 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. Even 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, H -GAC can still 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. Revised: 01/26/15 Page 1 of 19 SECTION A GENERAL TERMS & CONDITIONS FOR BIDS AND PROPOSALS INVITATION NO. SW04-18 DESCRIPTION: Sweeping Equipment 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 .......................................................................... 14 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 ...................................................................................................................................... 15 37. PERFORMANCE & PAYMENT BOND ...................................................................................................... 15 Revised: 01/26/15 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. Revised: 01/26/15 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 appr oved 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 Di sk, 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 provision s. 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 issue d 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 Revised: 01/26/15 Page 4 of 19 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. Revised: 01/26/15 Page 5 of 19 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 spend ing 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 fut ure 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. Revised: 01/26/15 Page 6 of 19 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 insu rance 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. Revised: 01/26/15 Page 7 of 19 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 civill y 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. Revised: 01/26/15 Page 8 of 19 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 mean t 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 followi ng 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. Revised: 01/26/15 Page 9 of 19 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 take n into consideration as part of the award criteria, at H-GAC's sole discretion. Revised: 01/26/15 Page 10 of 19 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 separatel y 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 Gove rnment 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 servic e, 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. Revised: 01/26/15 Page 11 of 19 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. Title to goods, and responsibility and liability for loss and/or damage in shipping 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 Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. 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 added to the invoice, 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. Revised: 01/26/15 Page 12 of 19 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. m. 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.) • Form W-9 – Request for Taxpayer Identification Number and Certification: Should be completed by each party to the response. 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. Revised: 01/26/15 Page 13 of 19 • Warranty Documentation, as described elsewhere herein, for all items offered. 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 . n. 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 f or 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 writ ten 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 elec tronic 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. d. The following occurrences require disqualification of the bid/proposals: • Unsigned or unauthorized signatures on bids/proposals; • Bids received after the date and time for opening • Bids where prices are conditional on award of another bid or are subject to unlimited escalation Revised: 01/26/15 Page 14 of 19 e. H-GAC may refuse to award a contract to or enter into a transaction with an apparent low bidder if that bidder is indebted to H-GAC. 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 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 (45) calendar days after presentation by H-GAC. If a contract is not executed within thirty (45) 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. Revised: 01/26/15 Page 15 of 19 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. 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 t o 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. Revised: 01/26/15 Page 16 of 19 c. End User will send a purchase document to Contractor, which Contractor will send 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 send 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 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. T his 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 a ny 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 Revised: 01/26/15 Page 17 of 19 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. 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 o f 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 susp ended 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. Revised: 01/26/15 Page 18 of 19 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 p articipants, 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 • 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. Revised: 01/26/15 Page 19 of 19 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 alle gations informally within ten (10) working 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 addresse d 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 ar e 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 and Conditions SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 1 of 6 SECTION-B Product-Specific Requirements: Sweeping Equipment 1.0 INTRODUCTION AND SCOPE The Houston-Galveston Area Council (H-GAC) is a government regional planning commission. Included within H-GAC is the HGACBuy program, which issues bid invitations and makes awards on behalf of our local government Members (municipalities, counties, K-12 schools, universities, hospital and special districts, and other local agencies), within and beyond Texas (5000 Members in 48 states). H-GAC expects Offeror (as confirmed by a response to this Invitation) to have the capability and willingness to serve any H-GAC member, directly, or indirectly (through an arrangement with (or H-GAC contractual "assignment" to) another dealer or the manufacturer (i.e. in the case of a Contractor being a dealer)). As noted in Section-A, a vendor under this contract may petition H-GAC for an assignment (e.g. to a third party such as another dealer in another sales territory), whereby, if they are agreeable to the terms & conditions and contract pricing, the third party may then be added onto the contract as an additional, independent vendor, capable of quotations, installation, receiving of end user payments, and the remittance of the purchase order processing charge. H-GAC has established this bid specification to address the potential needs of our Cooperative Purchasing Program’s Members. It focuses on items consistent with local governments’ sweeper needs. Offerors who are awarded contracts pursuant to this Invitation will be able to sell the awarded equipment through the program to H-GAC Members during a twenty-four (24) month contract period, starting on or near February 1, 2018. All equipment shall be bid and supplied as compliant with federal emission and safety standards in effect at the time of bid. Awarded supply contracts will cover a two (2) year period (commencing on or about April 1, 2018). If an H-GAC contractor realizes subsequent price increases during this contract (base unit models or options pricing) due to engine manufacturer model changes, EPA mandate-driven changes, et cetera, they may petition H-GAC, per this specification’s Section-A (Terms & Conditions section) guidelines, for a contract price increase. 2.0 BASIC CATEGORIES This bid invitation is divided into six basic equipment categories. When submitting a bid, the contractor may choose to submit pricing to any of the categories listed and any of the individual model line items under these categories, on Form-D. No changes or additions may be made to the listings on Form-D except for the insertion of bid prices. Basic equipment categories included in this bid Invitation are as follows: • A: Street Sweepers, Custom Purpose-Built Chassis Designs • B: Street Sweepers, Commercial Chassis-Mounted Designs • C: Airport Runway Sweeper Designs • D: Commercial / Industrial Sweepers and Scrubbers -- Walk-Behind Designs • E: Commercial / Industrial Sweepers and Scrubbers -- Riding Designs • F: Miscellaneous: Parking Lot, Walkway, Light Street, and Other Designs 3.0 DEFINITIONS AND ABBREVIATIONS • Base Unit: equipment with the standard configurations listed on this Invitation’s Form-D, conforming to the minimum configurations set forth in this Invitation's Section-B and Form-D, from which an HGAC End User may build, through published and unpublished options, the final SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 2 of 6 desired configuration. Unless otherwise stipulated, this shall consist of the manufacturer standard equipment and performance. • Cab-Chassis: exposed frame truck chassis, complete with basic cab, drive train, chassis, and safety components, ready for road use (without sweeper body). • Contractor: H-GAC awardee under contract to sell through this program (“vendor”) • End User: Ref. ‘Member’. • H-GAC: Houston-Galveston Area Council; a regional planning commission, which includes a cooperative purchasing program, with local government Members, in and outside of Texas, who buy various types of equipment off pre-bid supply contracts. • Hp: Horsepower (e.g. net brake crankshaft horsepower), as formally rated by a manufacturer. • Member: Local government agencies (cities, counties, police and fire departments, K-12 schools, universities, and similar agencies and non-profit organizations) who are participating “End Users” in H-GAC’s Cooperative Purchasing Program, purchasing equipment and services through H- GAC from contracted manufacturers and/or distributors. • Offer: Offeror’s pricing response to this Invitation. • Offeror: Manufacturer and/or dealer(s) who responds to this Invitation with a formal bid Response. • Product Code: Alpha-numeric code designating the Base Unit configuration (“line item”). • Response: Offeror’s priced bid package and other documents required in H-GAC bid Invitation. • Unpublished Options: (Ref. Section-A) Options not priced in the originally submitted formal bid response. Unpublished options are restricted to 25% of the total of the Base Unit equipment and Published Options. 4.0 MANUALS All equipment sold through this contract shall be furnished with an operator's manual, the price of which shall be included in each model’s Base Unit price and supplied with the delivered equipment. It shall, at a minimum, cover operation, preventative maintenance, and safety for the equipment furnished. 5.0 BASE UNIT PRICING AND PRODUCT CODES 5.1 Where a Section-A requirement differs from a requirement in this section, Offeror shall consider the Section-B requirement as superseding the Section-A. 5.2 Unless shown on Form-D, each priced Form-D Base Unit model shall include all standard manufacturer components. Form-D pricing shall represent turn-key machines, operational upon delivery. Each priced Base Unit shall not require any additional, compulsory equipment to render it a functioning, legally-equipped machine (except for the chassis on commercial chassis designs), meeting H-GAC minimums established for each base configuration. By submission of a response, Offeror certifies that offered pricing is as good as or better than pricing typically extended to local government customers by Offeror. 5.3 Offeror shall include in bid response, in both printed and electronic formats, detailed quote sheets / specifications for each Form-D Base Unit (not brochures), reflecting the components and performance associated with the Base Unit (Form-D) bid pricing. SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 3 of 6 5.4 Base Unit items are designated by a 3-character alphanumeric Product Code. Once Offeror determines which specific line items to bid, Offeror shall quote an H-GAC price on the appropriate line on Form-D. When pricing options to the Base Units, on Form-E, Offeror shall tie the options back to the corresponding Base Unit Product Code (as shown on Form-D). 5.5 H-GAC ORDER PROCESSING CHARGE: As described in Section-A (sub-section 22), for each purchase order processed under an awarded contract, H-GAC will directly invoice contractor a 1.5% Order Processing Charge, applicable to the price of all equipment and services that are submitted in contractor’s solicitation response. It is Offeror’s responsibility to take this charge into account in the pricing offered in response to this Invitation (i.e. building this fee into the costs of the Base Unit models and options). During the life of this contract, this fee is calculated from the awarded bid pricing before any additional discounts (if any) have been applied. 5.6 Base Unit prices shall be exclusive of freight. Shipping cost to the final H-GAC member location (and from dealer inventory to body converter and from convertor to end user , et cetera) shall be recognized at the time of each individual HGAC purchase order, unique to each end user's delivery location and should not be included in Form-D pricing. Unless otherwise specified, by Offeror on Form-E, freight will be assumed by H-GAC and H-GAC End Users to be calculated per carrier invoice. 5.7 Equipment sold through this contract shall possess the warranty terms normally associated with a sale to local governments. Proposer shall include a copy of the official detailed warranty with this H-GAC bid response. End users are responsible for comparing the details of optionally extended warranties. 5.8 Any sweepers bid that contain diesel engines shall be priced as compliant to all applicable federal safety and emissions requirements, including the EPA Code of Federal Regulations (CFR) Title 40 iterations and amendments. Additionally, Offeror shall note in Response where applicable voluntary standards are met (U.S. Consumer Product Safety Commission (USCPSC); National Fire Protection Association (NFPA); National Electrical Manufacturers Association (NEMA); etc.). Engines bid under this Invitation shall be priced to meet required EPA tiered thresholds requirements (e.g. “Tier 3”, "Tier 4", “Tier4 Interim/4i”, Tier 4 Final/4F”, etc.) pertaining to the specific engines' power ranges at the time of bid submittal. Offeror shall price any alternative engines (to those found on Form-D Base Units) on Form-E as the price differential between the base unit and the alternative version). Offeror shall include separate notation in bid response verifying compliance status as the time of the bid submittal. 6.0 OPTIONS 6.1 For each Base Unit line item priced, Offeror shall include a comprehensive list of manufacture options on Form-E. Failure to include pricing on a thorough list of options may result in Offeror’s response being deemed non-compliant. Each option priced shall reference the associated H-GAC Product Code and the unique manufacture option code and a brief, but detailed description. SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 4 of 6 6.2 Components found on the Form-D Base Unit body shall not be listed on Form-E except when referring to a deduct option, in which case Offeror shall note that on the Form-E option description. 6.3 As per Section-A, pricing for optional complete body upgrades or downgrades to base bid items should be quoted as an “adder” or “deduct” amount, to be applied against the offered price of the Form-D Base Unit. This includes pricing on complete model upgrades, which shall be priced as the differential over the Form-D price. 6.4 Unless otherwise noted on Form-E, options submitted with bid response will assumed to be inclusive of standard installation. Where not, Offeror shall note in Response and where possible, include a fee for installation. 7.0 COMMERCIAL CAB-CHASSIS 7.1 For all body line items designed for mounting on a commercial cab-chassis, the Form-D Base Units shall be priced as the body only, inclusive of mounting costs, on an HGAC member-supplied cab-chassis truck, ready to operate without additional fitting or preparation costs. If Offeror wants to furnish cab-chassis as well, the chassis shall be priced separately with bid, on Form-E (without any mounting fees). In any event, Contractor will be expected to work with H-GAC's established contract truck chassis dealers, who may be supplying the customer furnished cab-chassis under a separate H-GAC purchase order (i.e. HGAC’s Car & Light Truck or Medium & Heavy Trucks contracts). Any options pricing related to chassis mounting (such as a price/hour or set price on custom mounting work, for unforseen / custom mounting issues) should be priced on Form-E. 7.2 If it is Offeror's position that a Form-D sweeper body cannot be sold to H-GAC Members except as mounted on a specific / custom / body manufacturer-furnished cab-chassis, then the Offeror must provide justification with bid, explaining why the specific cab-chassis must be furnished by Contractor. In this event, the Form-D line item pricing must still be for a sweeper body only, and inclusive of mounting costs, with the price for the required cab-chassis listed separately, on Form-E. Additionally, in such instances, the description of the cab-chassis on Form-E shall include language that the chassis priced is required for purchase of the applicable sweeper body (referencing the corresponding Form-D sweeper model name). 8.0 AWARDS For each specific Form-D line item, H-GAC will recommend awards to a single lowest responsible Offeror providing the best value. A minimum threshold score of 70 points for each Offeror will be required before a contract may be offered • Pricing For each line item, a review of Offerors’ submitted bid prices (Form-D) will be conducted. Providing that pricing elements are satisfied, such as Form-E, electronic copies, et cetera, the Offeror with the lowest Form-D pricing will receive a maximum score of 70 points. For line items with multiple Offerors, the Offeror with the lowest pricing will score a 70, the next lowest, 69, et cetera. Where a single respondent prices a given line item, a Pricing score of 70 will be assigned to said line item SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 5 of 6 • Past Performance An evaluation will be conducted of the Offeror’s previous contract performance as an HGACBuy Contractor based on the performance measured listed below. Maximum score is 25 points. Those with no history will garner the maximum 25 points for this scoring component. • Marketing Plan (Form-H) H-GAC expects proposer to have the capability and willingness to serve any H-GAC Member across the nation, and to promote this contract to the best of its ability. Consistent with this, Proposer’s Marketing Plan language should acknowledge this, with a description of the resources that will most likely be employed in serving H-GAC Members and in promoting this contract (e.g. staff appointed to manage the contract, possible revised processes for purchase orders, staff training relating to this contract, sales call or mail-out campaigns, web page highlights of HGAC contract, trade show promotion (e.g. HGAC brochures), et cetera). Maximum score is 5 points. Performance Measures Timely response to request for information and/or request for quotes/pricing (Sec A, 48b) Accurate preparation of Contract Pricing Worksheet(s) (Sec A 48e) Timely delivery of product or services (as quoted at time of order placement) (Sec A, 25c) Quality of products/service (Sec A, 25d, 44f) Timely and accurate submission of Contractor’s Activity Report (Sec A, 48h) Timely payment of order processing charge (Sec A, 44g, 44h) Evaluation Criteria Scoring Table Maximum Points Pricing 70 Performance Measures 25 Marketing Plan 5 In the event of a tie, H-GAC reserves the right to utilize additional factors in compiling a tie breaker, which may include an offeror’s sales history with H-GAC, number and location of branches, depth and breadth of priced options, et cetera. NOTE: For joint bids (i.e. a single response from multiple dealers and/or the manufacturer), each Form-A submitted in the Bidders response will be scored per the above criteria and an overall average will be taken of all Form A’s submitted to determine the Performance Measures score for each submission. 9.0 COMMITMENT Offeror is required to make some basic commitments to insure the overall success of this program. By submission of a response, offeror agrees to the following: • Corporate/Sales Commitment A commitment that HGACBuy has the support of senior management and that HGACBuy will be the primary government contracting vehicle when offering services/products awarded from this solicitation to eligible end users nationwide. A further commitment to aggressively market the program, both independently as well in partnership with HGACBuy. SW04-18 Sweeping Equipment November 2, 2017 FINAL Version Page 6 of 6 • HUB Participation It is H-GAC’s goal to have Historically Underutilized Business Enterprise (HUB) participation in providing services under a contract. If Offeror(s) intends to employ subcontractor s in providing services/products related to this solicitation, Offeror(s) shall make and demonstrate a good faith effort to include HUB participation under a contract. Offeror(s) good faith effort shall include, but is not limited to the following affirmative steps (Ref. 2CFR 200.321 as a guide): 1) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 2) Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 3) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 4) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; NOTE: The term HUB as used in this solicitation is understood to encompass all programs/business enterprises such as Small Disadvantaged Business (SDB), Disadvantage Business Enterprise (DBE), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE). 10.0 MANUFACTURERS In the interest of best serving our End Users across the country, H -GAC encourages manufacturers to participate in this bid process directly or jointly with one or more dealers (or, at a minimum, to encourage dealers to participate). In that regard, the following clarifications are provided for the two acceptable approaches of manufacturer-involved bid responses that are covered in Section-A. (1) Manufacturer-Direct: The manufacturer is the Bidder and completes Form-A. Upon a contract award, the manufacturer will be the party responsible for payments, for remitting H-GAC Order Processing Charges, and for quarterly sales activity reporting to H -GAC. However, the manufacturer may utilize its dealers for handling sales quotes and product make-ready / delivery. (2) Joint Bid: The manufacturer and dealer(s) bid together, with each party completing and signing a Form-A, which should be included in a single bid response. Upon a bid award, each will sign a separate H-GAC contract, and may handle sales, orders, plus H-GAC fee remittance and reporting, separately and independently. The manufacturer or contracted dealer(s) may subsequently “assign” their contracts to other dealers as necessary to achieve service to all HGACBuy End Users no matter their location. *** End of Section-B *** Invitation No.:SW04-18 Title: This Section contains the following H-GAC Forms (Reference the separate worksheets within this document) 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 Published Options Form-H Marketing Plan Form W9 Request for Taxpayer Identification Number and Certification Form CIQ Conflict of Interest Questionnaire Form 1295 Certificate of Interested Parties HB 89 Prohibition on Contracts with Companies Boycotting Israel SECTION C - H-GAC FORMS (Rev 03/21/2017) For Use In Responding To Competitive Bid And Proposal Invitations Sweeping Equipment These Forms are hereby made available in electronic format. They should be copied to Offeror's computer for completion and/or printout as required. These Forms may not be changed or altered in any way, except as may be specified on the Forms. 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. Invitation No.:SW04-18 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: 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: Sweeping Equipment Member Contact Information FORM-A: OFFEROR IDENTIFICATION & AUTHORIZED SIGNATORY (DO NOT handwrite this Form. Information must be typed in.) (Legal name of business which will appear on contract, if awarded) - 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 Jointly Single Offeror Acting Alone Or As Lead Solicitation No.:SW04-18 Title: Offeror: Designation(s): Title: Date: Subcontracts On a separate sheet,list any subcontractors that would be employed in providing products or services related to this solicitation. Include the following information for each subcontractor: a. Company Name b. Address c. Phone number d. Applicable HUB designation/certification (DBE, MBE, etc.) e.Type of work subcontractor has been certified to perform as a HUB.Firm must be certified in a North American Industry Classification System (NAISC) code applicable to the kind of work the firm would perform on the contract. *Certifying/Listing Authority(s): *Note: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. 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. Offeror 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. Accepted and Agreed By (Name): FORM-B:HISTORICALLY UNDERUTILIZED BUSINESS ENTERPRISES Sweeping Equipment HUB Status Of Offeror Offeror is a HUB, as detailed below.Offeror is not a HUB. Subcontractor List attached.No Subcontractors will be used. Offeror is a HUB, as detailed below.Offeror is not a HUB. HUB DBE MBE WBE Other Invitation No.:SW04-18 Title: Offeror: 1 2 3 4 5 6 7 8 9 W9 Form, completed and signed 10 11 12 HB 89 Form, completed and signed 13 SB 252 Form, completed and signed An originally signed Form-A from all entities who are party to this submission and who should be offered a contract if this submission is successful. The required list of References. Details of "Service Organization", including locations, hours, personnel and parts/service availability. (Applies to hard goods only.) Complete Warranty Documentation for all products offered. CIQ Form, completed and signed. The Form and instructions for its use can be found at: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm . 1295 Form, completed, signed and notorized. The Form and instructions for its use can be found at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm . An "Original" complete copy of all submitted documents, plus one "Copy", each in a separate hard-sided 3- ring binder. A copy of the complete submission, including all required H-GAC forms, in electronic format (e.g. CD, DVD, flash drive) (Per Section-A, subsection 27.d) A comprehensive list of applicable priced options on Form-E Complete specifications for each model bid FORM C - RESPONSE CHECKLIST This Form is provided to help insure that all required response elements have been completed and included. This Response Includes: Sweeping Equipment FORM-D: OFFERED ITEMS PRICING Offeror: Contract Manufacturer Vendor (for joint bids, insert the company names of all parties) Product Code Description Price Discount Percentage Unit of Measure Restrictions Keywords Catalog Link A: Street Sweepers, Custom Purpose-Built Chassis Designs SW04-18 Dulevo Sweepers A01 3000 Revolution: 4-wheel mechanical-vacuum sweeper, with waterless vacuum assist; engine: VM diesel, 80 hp; Gore low PM/low maintenance filter; hopper: 4.4 cu yds; water tank: 100 gallons; 3- brush design; standard sweep path, max: 114” (with front-mounted brush) Price Per Unit SW04-18 Dulevo Sweepers A02 5000 Evolution: 4-wheel mechanical-vacuum street sweeper, with waterless vacuum assist; 4-wheel steering; engine: Cummins diesel, 152 hp; standard Dulevo fabric filter; hopper: 5.5 cu yds; water tank: 132 gallons; 3-brush design; standard sweep path, max: 137” (with front-mounted brush) Price Per Unit SW04-18 Dulevo Sweepers A03 6000 Revolution: 4-wheel mechanical-vacuum street sweeper; waterless vacuum assist; 4-wheel steering; engine: Cummins diesel, 152 hp; Gore low PM/low maintenance filter; ; hopper: 6.5 cu yds; water tank: 132 gallons; 3-brush design; standard sweep path, max: 137” (with 3rd front mounted brush) (Offeror shall include with options: pricing on the Iveco tier 4 diesel, 10-ft high dump, et cetera) Price Per Unit SW04-18 Elgin Sweeper A04 Pelican-NP: 3-wheel mechanical sweeper; engine: Deere 4045T diesel, 74 hp; hopper: 3.5 cu. yds; water tank: 220 gallons; standard sweep path, max: 120" Price Per Unit SW04-18 Elgin Sweeper A05 Pelican-NR: 3-wheel mechanical waterless sweeper; engine: Deere 4045T diesel, 99 hp; hopper: 3.5 cu. yds variable height dump; standard sweep path, max: 120"; dust control skirts, dust extraction fan, filtered air exhaust. Price Per Unit SW04-18 Global Environmental A06 R3 Air: 3-wheel regenerative air sweeper; engine: Isuzu diesel, 173 hp; hopper: 5.8 cu yds; water tank: 230 gallons; standard path: 125" Price Per Unit SW04-18 Global Environmental A07 M3: 3-wheel mechanical sweeper; center-steer cab; rear dump; engine: Tier 4 diesel, 115 hp; hopper: 5.6 cu yds; water tank: 230 gallons; standard path, max: 125" Price Per Unit SW04-18 Global Environmental A08 M4: 4-wheel mechanical sweeper; RH or LH dump; engine: Cummins diesel, 280 hp, hopper: 5.6 cu yds; water tank: 250 gallons; standard path, max: 125" Price Per Unit SW04-18 Global Environmental A09 M4HSD/High Side Dump: 4-wheel mechanical sweeper; RH dump; engine: Cummins, 280 hp; hopper: 5.2 cu yds; water tank: 280 gallons; standard path, max: 125" Price Per Unit Note: Offeror shall not modify this form in any way other than inputting company name and pricing. All products listed below are to be considered as Base Units for purposes of this Invitation and any subsequent contract. Unless otherwise noted herein, this equipment shall include standard factory equipment. Offeror shall determine which models to bid and fill in the H-GAC bid price in the appropriate cell. Additionally, Offeror shall bid a comprehensive list of manufacturer options on Form-E. Unless shown otherwise on this or any other H-GAC specification document, all models shall be priced herein to include the manufacturer standard components and be functional sweepers as priced (less chassis on commercial chassis-mounted designs). NOTE: All sweeper bodies designed for mounting on commercial cab-chassis shall be priced on this form as inclusive of mounting costs, but exclusive of cab-chassis. Optional and required cab-chassis shall be priced on Form-E, and noted as optional or mandatory). By submittal of pricing on this form, Offeror attests to this. Offeror shall refer to Section-B for more details. Invitation No. SW04-18 SW04-18 Global Environmental A10 M4 Diesel Electric Hybrid: 4-wheel mechanical sweeper; engine: Cummins diesel with lithium ion battery system, 200 hp; hopper: 5.6 cu yds; water tank: 250 gallons; standard path, max:125" Price Per Unit SW04-18 Johnston A11 C201: 4-wheel compact vacuum sweeper; diesel, 84 hp; hopper: 2.3 cu yds; water tank: 66 gallons; standard path, max:120" Price Per Unit SW04-18 Superior Roads Solutions A12 S2: vacuum sweeper; dual engine design; auxiliary engine: Yanmar 4TNV98 diesel, 68 hp; hopper: 4.0 cu yds; water tank: 200 gallons; standard sweep path, max: 114" Price Per Unit SW04-18 Superior Roads Solutions A13 S3: vacuum sweeper; dual engine design; auxiliary engine: Yanmar4 TNV98T diesel, 83 hp; hopper: 6.0 cu yds; water tank: 370 gallons; standard sweep path, max: 120" Price Per Unit B: Street Sweepers, Commercial Chassis-Mounted Designs SW04-18 Curbtender Sweepers (formerly Wayne)B01 Gladiator: mechanical sweeper; auxiliary engine: Hatz 4H50TIC, 74 hp; hopper: 5.0 cu yds, variable height; water tank: 340 gallons; standard sweep path: 144" Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B02 Warrior: mechanical sweeper; single engine (chassis) design; hopper: 6.1 cu yds, variable height dump; water tank: 300 gallons; standard sweep path: 144" Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B03 Warrior (CNG): mechanical sweeper; single engine (chassis) design; hopper 6.1 cu yds, variable height dump; water tank: 300 gallons; standard sweep path: 144" Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B04 UNDER CDL Warrior: mechanical sweeper; single engine (chassis) design; hopper 6.1 cu yds, variable height dump; water tank: 300 gallons; standard sweep path: 144" Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B05 Centurion: mechanical, waterless-dustless sweeper; single engine (chassis) design; hopper: 4.6 cu yds, variable height dump; water tank: 300 gallons; dust control skirts, fan & filter; standard sweep path: 126" Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B06 Sentry: Regenerative air sweeper; aux engine: Ford MSG425 gas engine 84 hp; hopper: 4.6 cu yds ; water tank: 200 gal; standard sweeper path 130" (Offeror shall include the following with its priced options: Hatz diesel options) Price Per Unit SW04-18 Curbtender Sweepers (formerly Wayne)B07 Vanguard: Chassis mounted front broom; forward reach: 96"; left side reach: 48"; right side reach: 60"; travel on slide rail: 64.75" Price Per Unit SW04-18 Elgin B08 Eagle F: mechanical broom sweeper; auxiliary engine: Cummins diesel, 74 hp; hopper: 4.5 cu yds, variable height dump; water tank: 280 gallons; standard sweep path, max: 120" Price Per Unit SW04-18 Elgin B09 Eagle FW: mechanical broom waterless sweeper; auxiliary engine: Deere 4045T diesel, 74 hp; hopper: 4.5 cu yds, variable height dump; standard sweep path, max: 120"; dust control skirts, dust extraction fan, filtered air exhaust Price Per Unit SW04-18 Elgin B10 Eagle F-CNG: mechanical broom sweeper; auxiliary engine: GM 3.0L, 68 hp; hopper: 4.5 cu yds, variable height dump; water tank: 280 gallons; standard sweep path, max: 120" Price Per Unit SW04-18 Elgin B11 Broom Badger: mechanical sweeper; auxiliary engine Kubota 59 hp diesel; hopper: 4.0 cu yds; variable height dump; water tank: 220 gallons; standard sweep path, max 114" Price Per Unit SW04-18 Elgin B12 Broom Bear: mechanical sweeper; single diesel chassis-engine design; hopper: 4.5 cu yds, variable height dump, water tank: 350 gallons; standard sweep path, max: 144" Price Per Unit SW04-18 Elgin B13 Road Wizard: mechanical sweeper; auxiliary engine: Cummins, 74 hp; hopper: 5.4 cu. yds, variable height dump; water tank: 340 gallons tank; standard sweep path, max: 120" Price Per Unit SW04-18 Elgin B14 Whirlwind: vacuum air sweeper; auxiliary engine: Deere 4045T diesel, 74 hp; hopper: 8.0 cu yds; water tank: 335 gallons; rear ground level dump; standard sweep path, max: 144" Price Per Unit SW04-18 Elgin B15 Megawind: vacuum air sweeper, auxiliary engine: Deere JD4045T diesel, 115 hp; hopper: 10.0 cu yds, rear ground-level dump; water tank: 335 gallons; standard sweep path, max: 144” Price Per Unit SW04-18 Elgin B16 Crosswind J: regenerative air sweeper; auxiliary engine Deere 4045T diesel; hopper: 8 cu yds; water tank: 240 gallons; standard sweep path, max: 144" Price Per Unit SW04-18 Elgin B17 Crosswind J-CNG: regenerative air sweeper; auxiliary engine: GM 5.7L, 124 hp; hopper: 8 cu yds; water tank: 240 gallons; standard sweep path, max: 144" Price Per Unit SW04-18 Global Environmental B18 V4: recirculating air sweeper; auxiliary engine: Kubota, 49 hp; hopper: 5.2 cu yds: water tank: 210 gallons; dual gutter broom configuration; low noise design; standard sweep path, max: 120" Price Per Unit SW04-18 Global Environmental B19 V6: recirculating air sweeper; auxiliary engine: John Deere, 74 hp; hopper: 8.5 cu yds: water tank: 502 gallons; dual gutter broom configuration; low noise design; standard sweep path, max: 120" Price Per Unit SW04-18 Johnston B20 ES 351: mechanical sweeper; single diesel chassis- engine design; hopper: 4.5 cu yds variable height dump, water tank: 360 gallons; standard sweep path, max: 144" Price Per Unit SW04-18 Johnston B21 VT651: vacuum sweeper; dual engine design; auxiliary engine: Deere 4045TF diesel, 84 hp; hopper: 8.5 cu yds; water tank: 415 gallons; dual steering; standard sweep path, max: 144" Price Per Unit SW04-18 Johnston B22 VS651: vacuum sweeper; single engine design; gearbox auxiliary drive hydraulic drive system; hopper: 8.5 cu yds; water tank: 415 gallons; dual steering; standard sweep path, max: 144" Price Per Unit SW04-18 Johnston B23 VT801: vacuum sweeper; dual engine design; auxiliary engine: Deere 4045H diesel, 115 hp; hopper: 10.8 cu yds; water tank: 535 gallons; dual steering; standard sweep path, max: 144" Price Per Unit SW04-18 Johnston B24 RT655: regenerative air sweeper; dual engine design; auxiliary engine: Deere 4045HF diesel, 115 hp; hopper: 8.5 cu yds; water tank: 250 gallons; dual steering; standard sweep path, max: 144" Price Per Unit SW04-18 Nite-Hawk B25 Raptor II: vacuum sweeper; single engine-PTO design; water tank: 100 gallons; hopper: 5.0 cu yds; standard sweep path, max: 81” (As per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately, on Form-E, noting accordingly) Price Per Unit SW04-18 Nite-Hawk B26 Raptor II-4H: vacuum sweeper; single diesel engine- PTO design; water tank: 100 gallons; hopper: 5.0 cu yds; standard sweeping path, max 81" (As per Section- B, Offeror shall price the body in this form, inclusive of mounting, and the mandatory factory-installed chassis separately, on Form-E, noting accordingly) Price Per Unit SW04-18 Nite-Hawk B27 Raptor II CNG: vacuum sweeper, single engine-PTO design, water tank: 100 gallons, hopper: 5.0 cu yds; standard sweeping path, max 81" (As per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit SW04-18 Schwarze B28 A4 Storm: regenerative air sweeper; auxiliary engine: Yanmar 4TN98C diesel, 68 hp; hopper: 4.5 cu yds; water tank: 130 gallons; standard sweep path, max: 120” Price Per Unit SW04-18 Schwarze B29 A7 Tornado: regenerative air sweeper; auxiliary engine: Deere 4045T diesel, 115 hp; hopper: 8.4 cu yds; water tank: 250 gallons; standard sweep path, max: 144” Price Per Unit SW04-18 Schwarze B30 A8 Twister: regenerative air sweeper; auxiliary engine: Deere 4045T diesel, 115 hp; hopper: 6.0 cu yds, high dump; water tank: 250 gallons; standard sweep path, max: 144" Price Per Unit SW04-18 Schwarze B31 A9 Monsoon: regenerative air sweeper; auxiliary engine: Deere 4045HF275 diesel, 134 hp; hopper: 9.6 cu yds; water tank: 250 gallons; standard sweep path, max: 144” Price Per Unit SW04-18 Schwarze B32 M6 Avalanche SE: mechanical broom sweeper; single chassis-engine design; hopper: 5.0 cu yds; water tank: 350 gallons; standard sweep path, max: 134” Price Per Unit SW04-18 Schwarze B33 M6 AvalancheTE: mechanical broom sweeper; dual engine design; auxiliary engine: Yanmar Tier IV Final diesel, 68 Hp; hopper: 5 cu yds; water tank: 200 gallons; standard sweep path, max: 134” Price Per Unit SW04-18 Schwarze B34 Hypervac: vacuum air sweeper; auxiliary engine: Deere 4045T Tier IV Final diesel, 134 hp; Hopper: 6.5 cu yds; water tank: 250 gallons, standard sweep path, max: 134” Price Per Unit SW04-18 Schwarze B35 Updraft: regenerative air sweeper (conventional, small truck chassis-mounting); auxiliary engine: Kohler, 31 Hp; hopper: 2.0 cu yds; water tank: 12 gallons; standard sweep path, max: 97" Price Per Unit SW04-18 Schwarze B36 Vortex: regenerative air sweeper; twin-engine design; cab-over application; hopper: 4.5 cu yds; water tank: 93 gallons; standard sweep path, max: 95" Price Per Unit SW04-18 Schwarze B37 Gale Force: regenerative air sweeper; dual engine design; cab-over application; auxiliary engine: Yanmar 4TN98C diesel, 68 hp diesel; hopper: 4.5 cu yds; water tank: 130 gallons; standard sweep path, max: 103" Price Per Unit SW04-18 Stewart-Amos B38 Starfire S-4c: mechanical broom sweeper; dual engine design; auxiliary engine: Kubota, 59 hp diesel; hopper: 4.0 cu yds; water tank: 200 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear- right camera. Price Per Unit SW04-18 Stewart-Amos B39 Starfire S-4XL: mechanical broom sweeper; dual engine design; auxiliary engine: Kubota, 59 hp diesel; hopper: 4.5 cu yds; water tank: 330 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear- right camera; Class 6 chassis applications. Price Per Unit SW04-18 Stewart-Amos B40 Starfire S-4XXL: mechanical broom sweeper; dual engine design; auxiliary engine: Kubota, 59 hp diesel; hopper: 4.5 cu yds; water tank: 330 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear- right camera; Class 7 chassis applications. Price Per Unit SW04-18 Stewart-Amos B41 Starfire S-5s: mechanical broom sweeper; single chassis-engine design; hopper: 5.0 cu yds; water tank: 350 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear-right camera. Price Per Unit SW04-18 Stewart-Amos B42 Starfire S-5t: mechanical broom sweeper; dual engine design; auxiliary engine: Kubota, 59 hp diesel; hopper: 5.0 cu yds; water tank: 350 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear- right camera. Price Per Unit SW04-18 Stewart-Amos B43 Starfire S-6s: mechanical broom sweeper; single chassis-engine design; hopper: 6.0 cu yds; water tank: 350 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear-right camera. Price Per Unit SW04-18 Stewart-Amos B44 Starfire S-6t: mechanical broom sweeper; dual engine design; auxiliary engine: Kubota, 59 hp diesel; hopper: 6.0 cu yds; water tank: 350 gallons; standard sweep path, max: 120”; left hand steer/sweep; rear/right-camera. Price Per Unit SW04-18 Stewart-Amos B45 Galaxy R-4: mid-sized regenerative air sweeper; auxiliary engine: Kubota, 74 hp diesel; hopper: 4.6 cu yds; water tank: 130 gallons; standard sweep path, max: 120"; left hand steer/sweep; rear/right-camera. Price Per Unit SW04-18 Stewart-Amos B46 Galaxy R-6: mid-sized regenerative air sweeper; auxiliary engine: Kubota, 74 hp diesel; hopper: 6.1 cu. yds.; water tank: 200 gallons; standard sweep path, max: 120"; left hand steer/sweep; rear/right- camera. Price Per Unit SW04-18 Stewart-Amos B47 Galaxy R-6XL: regenerative air sweeper; auxiliary engine: Kubota, 74 hp diesel; hopper: 6.1 cu yds; water tank: 330 gallons; standard sweep path, max: 120"; left hand steer/sweep; rear-right camera. Price Per Unit SW04-18 Tymco B48 210-D: regenerative air sweeper; auxiliary engine: Kubota V2403 FT4 diesel, 56 hp; hopper: 2.4 cu yds; standard sweep path, max: 98” Price Per Unit SW04-18 Tymco B49 210h: regenerative air sweeper; Hdrive hydraulic power system; single engine-PTO design; BlueLogic control system; hopper: 2.4 cu yds; standard sweep path, max: 98” Price Per Unit SW04-18 Tymco B50 435: mid-sized regenerative air sweeper; auxiliary engine: Kubota V2403 FT4 diesel, 56 hp; hopper: 4.0 cu yds; water tank: 150 gallons; standard sweep path, max: 130" Price Per Unit SW04-18 Tymco B51 DST-4: mid-sized regenerative air dustless sweeping technology sweeper; auxiliary engine: Kubota V2403T diesel, 56 hp; hopper: 4.0 cu yds; water tank: 76 gallons; standard sweep path, max: 130” Price Per Unit SW04-18 Tymco B52 DST-6: full size regenerative air dustless sweeping technology sweeper; auxiliary engine: Deere 4045T diesel, 99 hp (Final Tier 4); hopper: 6.0 cu yds; water tank: 220 gallons; standard sweep path, max: 142" Price Per Unit SW04-18 Tymco B53 Model 600: regenerative air sweeper; auxiliary engine: Deere 4045T diesel, 99 hp (Final Tier 4); hopper: 7.3 cu yds; water tank: 220 gallons; standard sweep path, max: 142" Price Per Unit SW04-18 Tymco B54 Model 500-X: high side dump regenerative air sweeper; auxiliary engine: Deere 4045T diesel, 115 hp (Final Tier 4); hopper: 5.7 cu yds, stainless steel; water tank: 250 gallons; dump height: 2-11'; standard sweep path, max: 142" Price Per Unit C: Airport Runway Sweeper Designs SW04-18 Elgin C01 Crosswind FSX: recirculating air sweeper; auxiliary engine: Deere 4045TF diesel, 74 hp; hopper: 8 cu yds; water tank: 240 gallons; standard sweep path, max: 144" (As per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit SW04-18 Johnston C02 VS801: vacuum sweeper; single engine design; gearbox auxiliary drive hydraulic drive system; hopper: 10.8 cu yds; water tank: 535 gallons; dual steering; standard sweep path, max: 144" Price Per Unit SW04-18 Johnston C03 RT655R: regenerative air sweeper; auxiliary engine: Deere 4045HF, 115 hp; hopper: 8.5 cu yds; water tank: 250 gallons; dual broom; standard sweep path, max: 144” Price Per Unit SW04-18 Schwarze C04 A7 Zephyr: regenerative air sweeper; auxiliary engine: Deere 4045T diesel, 115 hp; hopper: 8.4 cu yds; water tank: 250 gallons; standard sweep path, max: 144” Price Per Unit SW04-18 Tymco C05 HSP: regenerative air high speed performance runway sweeper; auxiliary engine: Deere 4045T diesel, 99 hp (Final Tier 4); hopper: 7.3 cu yds; water tank: 220 gallons; standard sweep path, max: 120" Price Per Unit D: Commercial / Industrial Sweepers and Scrubbers -- Walk-Behind Designs SW04-18 Advance (Nilfisk, Inc.)D01 Adfinity (industrial series): scrubber; battery powered; solution tank: 14 gallons; recovery tank: 14 gallons; standard scrub path: 20", disc pad Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D02 SC750 (industrial series): scrubber; battery powered; regular-to-heavy scrub applications; solution tank: 21 gallons; recovery tank: 21 gallons; standard scrub path: 26", disc pad Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D03 SC800 (industrial series): scrubber; battery powered; regular-to-heavy scrub applications; solution tank: 25 gallons; recovery tank: 25 gallons; standard scrub path: 26", disc pad Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D04 SC900 (industrial series): scrubber, battery powered; regular-heavy scrub applications; solution tank: 30; recover tank: 30 gallons, standard scrub path: 28", disc pad Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D05 Terra 28-B (commercial series): sweeper; battery powered; removable rider design: hopper: 2.1 cu. ft.; standard sweep path: 28" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D06 SW900 (commercial series): sweeper; battery powered; hopper: 1.8 cu. ft; standard sweep path: 32"Price Per Unit SW04-18 Advance (Nilfisk, Inc.)D07 CFP polishers (commercial series): cleaner-polisher; power cord design; pad/brush: standard scrub path: 20", disc pad Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D08 Vantage 14: scrubber; battery powered; solution- recovery tank: 3 gallons; 14" scrub path; 14" disc pad Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D09 Focus II MidSize: scrubber; battery powered; solution-recovery tank: 23 gallons; standard scrub path: 26", disc pad Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D10 Focus II MidSize BOOST: orbital technology for chemical free removal of floor finishes and scrubber; battery powered; solution-recovery tank: 23 gallons; standard scrub path: 28" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D11 Focus II Compact: scrubber; battery powered; solution-recovery tank: 14.5 gallons; standard scrub path 20", disc pad Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D12 Focus II Compact BOOST: orbital technology for chemical free removal of floor finishes and scrubber; battery powered; solution-recovery tank: 14.5 gallons; standard scrub path: 20" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D13 MA10 12E (commercial series): upright scrubber, cord-electric; solution tank: 0.8 gallon (3L); recovery tank: 1 gallon (4L); cylindrical; scrub brush 12" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D14 MA30 13B (commercial series): scrubber; battery powered; onboard charger; solution and recovery tank: 1.6 (6L) gallon Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D15 MA50 15B: scrubber; battery powered; solution- recovery tank: 3.5 gallons; 15" scrub path; 15" brush Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D16 CA30 17E: scrubber; cord electric; solution-recovery tank: 13.2 gallons; 17" scrub path; pad assist; 65 ft cord Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D17 CA30 20B: scrubber; battery powered; solution- recovery tank 10.5 gallon; 20" scrub path; pad holder Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D18 FM 40 (commercial series): orbital floor cleaner- polisher; power cord design; pad / brush: 14" x 20" pad; solution tank: 2.5-gallons Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D19 UltraSpeed Burnisher (commercial series): burnisher; power cord design; pad: 20"Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D20 Ultraspeed 20 (commercial series): burnisher; battery powered; pad: standard path 20" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)D21 PBU Burnisher (commercial series): burnisher; propane powered; 603cc Kawasaki engine. Price Per Unit SW04-18 Madvac D22 PS-300: sweeper; engine: Kubota diesel, 13.3 hp; collection: 40 gallon reusable bag design; water tank: 13 gallons; washable, quick change filter; standard sweep path, max: 48" Price Per Unit SW04-18 Minuteman D23 Kleen Sweep 27: Collector 26 Manual Sweeper: 26" sweeping path; side broom; 1.4 cu. ft. hopper Price Per Unit SW04-18 Minuteman D24 Collector 34B Battery Operated Sweeper: 34.25" sweep path; 1.77 cu. ft. hopper; variable forward drive; on-board charger Price Per Unit SW04-18 Minuteman D25 Phoenix 20 TD - Battery Operated Scrubber, Cylindrical: 20" scrub path; 3.6 hp motor; medium duty brush. 12 gal. sol. tank. 13 gal. rec. tank. 3/4 hp vac motor; on-board charger Price Per Unit SW04-18 Minuteman D26 Phoenix 24 Battery Operated Scrubber: traction drive; 24" scrub path; 28" squeegee; twin cylindrical brushes, medium duty; 19 gal. sol. tank; 19.5 gal. rec. tank Price Per Unit SW04-18 Minuteman D27 Phoenix 26 Battery Operated Scrubber: traction drive; 26" scrub path; 37.4" squeegee; twin disc brushes; 19 gal. sol. tank; 19 gal. rec. tank; 3/4 hp vacuum motor Price Per Unit SW04-18 Minuteman D28 Phoenix 26 ECO Battery Operated Scrubber: traction drive; on-board charger, 115V, 50/60Hz; twin disc brushes, medium duty; 140 AH/12V batteries Price Per Unit SW04-18 Minuteman D29 Phoenix 2830 Battery Operated Auto Scrubber - Cylindrical: 28" scrub path; 37.4" squeegee. 2-1 hp brush motors; twin brush pressure settings; 30 gal. sol. tank; 30 gal. rec. tank; 3/4 hp vacuum motor Price Per Unit SW04-18 Minuteman D30 Phoenix 30 ECO Disc Automatic Scrubber: on- board charger, 115V, 50/60 Hz; twin disc brushes heavy duty (Aqua-Stop); 235 AH/6V batteries Price Per Unit SW04-18 Minuteman D31 Phoenix 3030 Disc Automatic Scrubber: on-board charger, 115V, 50/60Hz; twin disc brushes, heavy duty (Aqua Stop); quad 275 AH/6V batteries Price Per Unit SW04-18 Minuteman D32 Phoenix 3330 Battery Operated Scrubber - Disc: 33" scrub path; 43.3" squeegee; twin disc brushes; 2- 1 hp brush motors; twin brush pressure settings; 30 gal. sol. tank; 30 gal. rec. tank; on-board charger; 3/4 hp vacuum motor Price Per Unit E: Commercial / Industrial Sweepers and Scrubbers -- Riding Designs SW04-18 Advance (Nilfisk, Inc.)E01 Terra 4300B (industrial series): sweeper; battery powered; onboard charger; dual side brooms, 46"Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E02 7765 Propane (industrial series): sweeper-scrubber; 86 hp GM 3.0L; hopper: 16 cu ft; solution tank: 100 gallons; recovery tank: 100 gallons; standard scrub / sweep path: 54" / 60" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E03 CS7010 (industrial series): sweeper-scrubber, hybrid propane / battery; hopper: 7 cu ft., high dump; solution tank: 75 gallons; recovery tank: 75 gallons, standard scrub / sweep path: 48" / 61" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E04 Proterra, propane (industrial series): sweeper; engine: Kubota, 31 hp; hopper: 11 cu. ft; standard sweep path: 51" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E05 SW5500 (industrial series): sweeper, LPG, Engine - Honda 8.4 hp (6.3kW); 46" cleaning path; 5.3 cu. Ft. hopper Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E06 SW8000: 4 Cylinder - Propane (industrial series): sweeper; engine: Kubota 4-cylinder gas, 57 hp; hopper: 14 cu. ft; standard sweep path: 65" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E07 SC6000 (industrial series): scrubber, battery powered, solution tank: 50 gallons; recovery tank: 50 gallons; 34" scrub path Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E08 SC6500 (industrial series): scrubber; battery powered; solution tank: 70 gallons; recovery tank: 70 gallons; standard scrub path: 40" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E09 SC8000 (industrial series): scrubber; engine: 55 hp Kubota 1.6L propane; solution tank: 100 gallons; recovery tank: 100 gallons; standard scrub path: 48" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E10 SW4000 (commercial series): sweeper; battery powered; hopper: 1.7 cu ft.; standard sweep path: 37”Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E11 Adgressor 3220 (commercial series): scrubber; battery powered; solution tank: 42 gallons; recovery tank: 42 gallons; standard scrub path: 32" Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E12 Advolution 2710 (commercial series): burnisher; battery powered; standard burnishing path: 27"Price Per Unit SW04-18 Advance (Nilfisk, Inc.)E13 Advenger 2805D (commercial series): scrubber; battery powered; solution tank: 28 gallons; recovery tank: 28 gallons; standard scrub path: 28" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)E14 SA40 (commercial series): scrubber, battery powered, solution tank: 12 gallon; recovery tank: 12.5 gallon; scrub path 20" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)E15 RA40 (commercial series): scrubber, battery powered; Solution and Recovery tanks 18.5 gallon; scrub path 20" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)E16 Focus II Rider: scrubber; battery powered; 30 gallon solution / recovery tank; scrub path: 28"Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)E17 Focus II Rider BOOST: orbital technology for chemical free removal of floor finishes and scrubber; battery powered; 30 gallon solution / recovery tank; scrub path: 32" Price Per Unit SW04-18 Clarke (Nilfisk, Inc.)E18 MicroRider BOOST: orbital technology for chemical free removal of floor finishes and scrubber; battery powered; 21 gallon solution / recovery tank; standard scrub path: 28" Price Per Unit SW04-18 Madvac E19 LN50: 4-wheel compact litter vacuum; reusable bag design (120 gallon capacity); on and off road capability; engine: Kubota diesel, 24 hp; fuel tank: 10 gallons; 8'' overhead vacuum hose (2900 cfm) connecting to hopper, hydraulic up down arm; ROPS structure Price Per Unit SW04-18 Madvac E20 LR50: 4-wheel compact litter vacuum; reusable bag design (120 gallon capacity); on and off road capability; engine: Kubota diesel, 24 hp; fuel tank: 10 gallons; 8'' overhead vacuum hose (2900 cfm) connecting to hopper, with joystick controlled 6 positions robotic arm ; ROPS structure Price Per Unit SW04-18 Minuteman E21 Admiral 28 Battery Operated Scrubber: 38" squeegee; 30.6 gallon solution tank; 30 gallon recovery tank; 3/4 hp vacuum motor; standard scrub path: 28" Price Per Unit SW04-18 Minuteman E22 Admiral 35 Battery Operated Scrubber: 38" squeegee; 3/4 hp vacuum motor; 2x1 hp brush motor; 1 hp drive motor; 36.4 gallon solution tank; 36.4 gallon recovery tank; standard scrub path: 35" Price Per Unit SW04-18 Minuteman E23 Admiral 40 Battery Operated Sweeper/Scrubber: 40" scrub path; 2x 20" brush discs; dust control; 50" squeegee; 82 gallon solution tank; 82 gallon recovery tank; 0.82 hp vacuum motor; standard sweep path: 55" Price Per Unit SW04-18 Minuteman E24 APEX 47 Low Dump - Battery Operated Sweeper: 18" side broom; 2.1 cu. ft. hopper; 60" multi-level high dump; standard sweep path: 47" Price Per Unit SW04-18 Minuteman E25 APEX 58 Sweeper Battery Operated Sweeper: single side broom; 31.5" main broom. 4.6 cu ft hopper; 60" high dump; standard sweep path: 45" Price Per Unit SW04-18 Minuteman E26 Armadillo Gas Operated Sweeper - 6X: Kubota 23 hp; 36" main broom; 24" side broom; 10 cu. ft. hopper; 60" high dump; 650 lb. hopper capacity: standard sweep path: 53" Price Per Unit SW04-18 Minuteman E27 Armadillo Gas Operated Sweeper - 9X: 57 hp Kubota; 48" main broom; 26" side broom; 22 cu. ft. hopper; 64" high dump; 1,500 lb. hopper capacity; standard sweep path: 64" Price Per Unit SW04-18 Minuteman E28 Armadillo Gas Operated Sweeper - 10X: 57 hp Kubota; 56" main broom; 26" side broom; 30 cu. ft. hopper; 64" high dump; 2000 lb. hopper capacity: standard sweep path: 74" Price Per Unit SW04-18 Minuteman E29 Commander Gas Operated Scrubber/Sweeper - T82; 57 hp Kubota; 42" main broom. 50" squeegee; 68 gallon solution tank; 65 gallon recovery tank; 14 cu. ft. hopper; 1000 lb. hopper capacity: standard sweep & scrub path: 42" Price Per Unit SW04-18 Minuteman E30 Nautilus Gas Operated Scrubber - P45GAS: 55 hp Kubota; 50" Cylindrical scrub path; 56" squeegee; 105 gallon solution tank; 105 gallon recovery tank; manual dump; 2.1 cu. ft., 200 lb capacity hopper Price Per Unit F: Miscellaneous: Parking Lot/Garages, Walkway, Light Street, and Other Designs SW04-18 Curbtender Sweepers (formerly Wayne)F01 Vanguard: skid-steer mounted front broom; forward reach: 90"; left side reach: 48"; right side reach: 60"Price Per Unit SW04-18 Cyclone Technology F02 Cyclone CY5000: high pressure surface cleaner (specific, purpose-built chassis design); built-in recovery; cab: enclosed with heat and AC; engine: Cummins diesel, 74 hp Tier 4 final; water tank: 360 gallons; cleaning path: 33" Price Per Unit SW04-18 Cyclone Technology F03 Cyclone CY5500SK: high pressure surface cleaning system (commercial (Ford F450/550) chassis design); built-in recovery; full water recycle system, water tank: 420 gallons; cleaning path: 18" (as per Section- B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately on Form-E, noting accordingly) SW04-18 Cyclone Technology F04 Cyclone TR5000: high pressure surface cleaner (trailer-mounted design); engine: Kohler Command Pro gas, 25 hp; water tank: 360 gallons; cleaning path: 18" Price Per Unit SW04-18 Cyclone Technology F05 Cyclone 4006AC: ultra high pressure rubber and marking removal system (purpose built chassis design); Built-in recovery; Cab: enclosed, wide cab design, heat and AC; Engine: QSB 6.7L, 300 hp turbo diesel Tier 4 Final; water tank: 1600 gallons; cleaning path: 33" Price Per Unit SW04-18 Cyclone Technology F06 Cyclone 4006ST: ultra high pressure rubber and marking removal system (commercial chassis design); built-in recovery; water tank: 530 gallons; cleaning path: 33" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately on Form-E, noting accordingly) Price Per Unit SW04-18 Cyclone Technology F07 Cyclone 4006LT: ultra high pressure rubber and marking removal system (commercial chassis design); built in recovery; water tank: 800 gallons; cleaning path: 33" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately on Form-E, noting accordingly) Price Per Unit SW04-18 Cyclone Technology F08 Cyclone 4006HT: ultra high pressure rubber and marking removal system (commercial chassis design); built in recovery; water tank: 1600 gallons; cleaning path: 33" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately on Form-E, noting accordingly) Price Per Unit SW04-18 Dulevo Sweepers F09 850: 4-wheel vacuum sidewalk sweeper; engine: Kubota diesel, 34 hp; hopper: 1.1 cu yds; water tank: 59 gallons; overall height 75 in; max speed: 14 mph; standard sweep path, max: 72” Price Per Unit SW04-18 Madvac F10 LS175: compact, high dump vacuum sweeper; purpose built chassis; enclosed cab; engine: Hatz diesel (Tier-4), 56 hp; hopper: 1.75 cu yds; fuel tank: 21 gallons; vacuum: 2900 cfm; dump height: 67"; twin 25" brushes; standard sweep path, min. 44" to max: 89" Price Per Unit SW04-18 Madvac F11 LP61: compact portable vacuum litter collector: skid steer-pickup truck configuration; reusable bag design (80 gallon capacity compact 2 to 1); engine: Kubota diesel, 13 hp; 8'' x 25' vacuum hose (2900 cfm) for manual vacuuming; dimensions: 71" x 39" Price Per Unit SW04-18 Madvac F12 LP61D: compact portable vacuum litter collector: trailer configuration; reusable bag design (80 gallon capacity); engine: Kubota diesel, 13 hp; 8'' x 25' vacuum hose (2900 cfm) for manual vacuuming; dimensions: 71" x 39" Price Per Unit SW04-18 Madvac F13 LP61G: portable vacuum litter collector: skid steer- pickup truck configuration; reusable bag design (80 gallon compact 2 to 1 engine: Honda gas, 20.8 hp; 8'' x 25' vacuum hose (2900 cfm) for manual vacuuming; dimensions: 72" x 47" Price Per Unit SW04-18 Madvac F14 LP61G: portable vacuum litter collector: trailer configuration; reusable bag design (80 gallon capacity compact 2 to 1); engine: Honda gas, 20.8 hp; 8'' x 25' vacuum hose (2900 cfm) for manual vacuuming; dimensions: 72" x 47" Price Per Unit SW04-18 Nite-Hawk F15 Osprey II: vacuum sweeper; light truck chassis applications; single engine-PTO-hydraulic pump design; hopper: 3.0 cu yds; water tank: 40-gallons; standard sweep path, max: 81” (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis separately on Form-E, noting accordingly) Price Per Unit SW04-18 Schwarze F16 Aero: parking lot sweeper; small pickup slip-in- mounting application; auxiliary engine: Robin EH65, gasoline, 22 hp; hopper: 2.0 cu yds, rear manual unloading; water tank: 25 gallons; standard sweep path, max: 78" Price Per Unit SW04-18 Schwarze F17 Aero - Trailer-Mount: parking lot sweeper; auxiliary engine: Robin EH65, gasoline, 22 hp; hopper: 2.0 cu yds; rear manual unloading; water tank: 25-gallons; standard sweep path, max: 78" Price Per Unit SW04-18 Superior Roads Solutions F18 G1 Gutter Broom: pre-sweep detachable broom; skid steer mounted, hydraulic powered design; 48" broom (34" mounting plate) Price Per Unit SW04-18 Waterblasting Technologies F19 SH1000 Stripe Hog: high pressure rubber and marking removal system with vacuum recovery; tractor attachment design; 40k psi @ 3 gallons / minute; water tank: 250 gallons; maximum cleaning path: 14" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed tractor on Form-E, noting accordingly) SW04-18 Waterblasting Technologies F20 SH7500 Stripe Hog: commercial chassis configuration; high pressure rubber and marking removal system with vacuum recovery; 40K psi @ 9 gallons per minute; water tank: 1220 gallons; maximum cleaning path: 36" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit SW04-18 Waterblasting Technologies F21 SH8000 Stripe Hog: commercial chassis configuration; high pressure rubber and marking removal system with vacuum recovery; 40K psi @ 12 gallons per minute; water tank: 3150 gallons; maximum cleaning path: 72" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit SW04-18 Waterblasting Technologies F22 SK2000 Stripe Hog: commercial chassis configuration; high pressure rubber and marking removal system with vacuum recovery; 40K psi @ 5 gallons per minute; water tank: 600 gallons; maximum cleaning path: 22" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit SW04-18 Waterblasting Technologies F23 SK2000 Stripe Hog, Trailer: trailer configuration; high pressure rubber and marking removal system with vacuum recovery; 40K psi @ 5 gallons per minute; water tank: 600 gallons; maximum cleaning path: 22"; Offeror shall price the body and trailer on this on this form SW04-18 Waterblasting Technologies F24 SK3000 Stripe Hog: skid configuration; high pressure rubber and marking removal system with vacuum recovery; 40K psi @ 6 gallons per minute; water tank: 1050 gallons; maximum cleaning path: 22" (as per Section-B, Offeror shall price the body on this form, and may price optional chassis on Form-E) Price Per Unit SW04-18 Waterblasting Technologies F25 Surface Hog Surface Cleaner: commercial chassis configuration; heated high pressure surface cleaner, with vacuum recovery and water recycling; 7,250 psi; water tank: 610 gallons; maximum cleaning path: 38" (as per Section-B, Offeror shall price the body on this form, inclusive of mounting, and the mandatory factory-installed chassis on Form-E, noting accordingly) Price Per Unit FORM-E: PUBLISHED OPTIONS Procurement No.:SW04-18 Offeror: Code or Part No.Option Description Offered Price in Whole Dollars 1) Use a single Form-E for ALL Option/Accessory items and quote each on a single, separate line. Add or insert additional lines, as necessary, on this same document. 2) Completely describe each item. Include the manufacturer's code or part number. Each item listed MUST have a unique code or part number so that it can be identified in any subsequest contract. 3) Options which are upgrades/downgrades of a Form-D item should be priced at the differential amount between the cost of the Form-D standard item and the upgrade/downgrade option. Notes: FORM-H: MARKETING PLAN Procurement No.:SW04-18 Offeror: Instructions: Reference Section-B, subsection 9.0 W-9 Respondent should reference the W-9 form included in this solicitation package. It is a writeable form and should be completed and submitted with response in both printed and digital formats. CIQ Respondent should reference the CIQ/Conflict of Interest Questionnaire form included in this solicitation package. It should be completed and submitted with response in both printed and digital formats. 1295 https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm Respondent should reference the Texas Ethics Commission document highlighted in this solicitation package ("Certificate of Interested Parties - Form 1295"). This State of Texas document is found online and must be completed in associated with this solicitation. TEC site: HB 89 Prohibition on Contracts with Companies Boycotting Israel Respondent should reference the HB 89 form included in this solicitation package. It should be completed and submitted with response in both printed and digital formats. The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract SECTION D ProForma (Sample Contract) (10/1/13) 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 100, 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 withou t 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 official s 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 on ly 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 SECTION D ProForma (Sample Contract) (10/1/13) 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, SECTION D ProForma (Sample Contract) (10/1/13) 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. SECTION D ProForma (Sample Contract) (10/1/13) 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 wa y 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___ Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us FORM CIQ OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Date Received A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 7 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Name of vendor who has a business relationship with local governmental entity.1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2 3 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. 4 6 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. House Bill 89 Verification Form Prohibition on Contracts with Companies Boycotting Israel The 85th Texas Legislature approved new legislation, effective Sept. 1, 2017, which amends Texas Local Government Code Section 1. Subtitle F, Title 10, Government Code by adding Chapter 2270 which states that a governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 1) does not boycott Israel; and 2) will not boycott Israel during the term of the contract Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. I, (authorized official) _________________________________, do hereby depose and verify the truthfulness and accuracy of the contents of the statements submitted on this certification under the provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below: 1) does not boycott Israel currently; and 2) will not boycott Israel during the term of the contract; and 3) is not currently listed on the State of Texas Comptroller’s Companies that Boycott Israel List located at https://comptroller.texas.gov/purchasing/publications/divestment.php ______________________________________________________________________________ Company Name ______________________________________________________________________________ Signature of Authorized Official ______________________________________________________________________________ Title of Authorized Official Date DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 Chuck Wemple DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 Page 1 of 1 Attachment-A Vendor: 3T Equipment Company, Inc. Contract: SW04-18: Sweeping Equipment Applicable items are the catalog listed in the table below, as well as any pricing documents included in the awardee’s bid response. HGAC Product Code MFGR Catalog Description Price A06 Global Environmental R3 Air: 3-wheel regenerative air sweeper; engine: Isuzu diesel, 173 hp; hopper: 5.8 cu yds; water tank: 230 gallons; standard path: 125" $187,560 A07 Global Environmental M3: 3-wheel mechanical sweeper; center-steer cab; rear dump; engine: Tier 4 diesel, 115 hp; hopper: 5.6 cu yds; water tank: 230 gallons; standard path, max: 125" $185,215 A08 Global Environmental M4: 4-wheel mechanical sweeper; RH or LH dump; engine: Cummins diesel, 280 hp, hopper: 5.6 cu yds; water tank: 250 gallons; standard path, max: 125" $240,700 A09 Global Environmental M4HSD/High Side Dump: 4-wheel mechanical sweeper; RH dump; engine: Cummins, 280 hp; hopper: 5.2 cu yds; water tank: 280 gallons; standard path, max: 125" $248,900 A10 Global Environmental M4 Diesel Electric Hybrid: 4-wheel mechanical sweeper; engine: Cummins diesel with lithium ion battery system, 200 hp; hopper: 5.6 cu yds; water tank: 250 gallons; standard path, max:125" $379,800 B18 Global Environmental V4: recirculating air sweeper; auxiliary engine: Kubota, 49 hp; hopper: 5.2 cu yds: water tank: 210 gallons; dual gutter broom configuration; low noise design; standard sweep path, max: 120" $130,600 B19 Global Environmental V6: recirculating air sweeper; auxiliary engine: John Deere, 74 hp; hopper: 8.5 cu yds: water tank: 502 gallons; dual gutter broom configuration; low noise design; standard sweep path, max: 120" $156,800 DocuSign Envelope ID: 5003E585-F9B2-4274-86E8-E9DB3C350E00 Contract # 019.2019 Revision: 2018-10-10 btf Budget Line Item # 111.53.00952.86650 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made February 12, 2019 by and between the Board of County Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611, (hereinafter called the “County”) and Equipment Company of the Rockies LLC, PO Box 460574, Aurora, CO 80046 (hereinafter called the “Vendor”) to perform the following work: R&B Stret Sweeper (“Project”). I. Goods Purchased. Vendor shall provide County with the following goods conforming to the stated description and any Technical Specifications attached to this contract: II. Delivery of Goods. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the County at the following place and time: Place: 76 Service Center Rd, Aspen Co 81611 Date: February 12, 2019 Time: III. Risk of Loss. At all times prior to delivery and County’s acceptance of the goods, Vendor shall bear any and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the delivery of goods. V. Liquidated Damages. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver goods on time, (for delay and not as Penalty) in the amount of one hundred dollars and zero cents ($100.00) per calendar day for each day or part of a day that goods are not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from purchase price. Contract # 019.2019 Revision: 2018-10-10 btf Budget Line Item # 111.53.00952.86650 2 VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance by County. County shall have 14 days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods shall be delivered to County free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. VII. Rejection of Goods. If goods are not delivered according to the specifications and descriptions of this contract, County may reject goods. 14 days Upon Failure of Vendor to deliver goods, County may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. VIII. Warranty and Repairs. A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to County all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of Per Manufacure after goods are accepted, Vendor will, at Vendor’s own expense, without any cost to the County, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor’s facility at no cost to the County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor’s standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. IX. Payment. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of two hundred seventy thousand six hundred ninety eight dollars and zero cents ($270,698.00), but any payment by the County may be offset by any amount the Vendor owes the County for any reason. X. Termination Prior to Expiration of Contract Term. County has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. Contract # 019.2019 Revision: 2018-10-10 btf Budget Line Item # 111.53.00952.86650 3 XI. County’s Remedies Upon Default of Vendor. Whenever Vendor shall default in performance of this contract in accordance with its terms, County shall be entitled to suit for damages, specific performance or other relief in law or equity. XII. Assignability. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the County. XIII. Severability. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. XIV. Integration and Modification. This contract represents the entire and integrated contract between the County and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and Vendor. XV. Exemptions. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98- 02624 and 84-78000-5K. XVI. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XVII. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall be entitled to its costs and reasonable attorney’s fees. XVIII. Governmental Immunity. Vendor agrees and understands that the County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as from time to time amended, or otherwise available to the County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification of the Vendor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XIX. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only Contract # 019.2019 Revision: 2018-10-10 btf Budget Line Item # 111.53.00952.86650 4 currently budgeted expenditures of Pitkin County as County. Pitkin County’s obligations under this contract are subject to Pitkin County’s annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County’s then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County’s moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County’s bonds or any obligations payable from any class or source of Pitkin County’s money. XX. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be provided by electronic delivery to the e-mail addresses set forth below and by one of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to the mailing addresses set forth below. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delivery of notices shall be considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing contained herein shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. To Pitkin County: Jonah Frank 76 Service Center Rd Aspen, CO 81611 Email: Jonah.Frank@PitkinCounty.com with copies to: Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com To Contractor: Equipment Company of the Rockies LLC PO Box 460574 Aurora, CO 80046 Phone: (300) 709-2272 Email: EIvy@ECORDealer.com Contract # 019.2019 Revision: 2018-10-10 btf Budget Line Item # 111.53.00952.86650 5 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. EQUIPMENT COMPANY OF the Rockies LLC ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date _________________________________________________ Date MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Feb-19-2019 Scott Mattice Road and Bridge Manager Feb-19-2019 Jonah Frank Fleet Manager Feb-19-2019 Managing Partner Erie Ivy Public Works Director Feb-20-2019 Brian Pettet Jon Peacock County Manager Feb-22-2019 Proposal for: PITKIN COUNTY Global MODEL: M4HSD High Side Dump Four - Wheel Purpose Built Mechanical Street Sweeper NEW Presented By: Ernie Ivy December 30 th , 2018 DECEMBER 30TH, 2018 PITKIN COUNTY 76 SERVICE CENTER RD ASPEN, CO 81611 AGENT/CONTACT: JONAH FRANK SUBJECT: GLOBAL M4HSD HIGH SIDE DUMP NEW FOUR - WHEEL PURPOSE-BUILT MECHANICAL STREET SWEEPER DEAR MR. FRANK, WE ARE PLEASED TO PROVIDE FOR YOUR REVIEW AND CONSIDERATION A QUOTATION ON NEW MODEL - GLOBAL M4HSD FOUR – WHEEL, PURPOSE BUILT MECHANICAL STREET SWEEPER. WE THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT ME AT 303-709- 2272. MEMBER OF EQUIPMENT COMPANY OF THE ROCKIES, LLC EMAIL: EIVY@ECORDEALER.COM CELL: (303) 709-2272 Office: 720-420-0449 Email: Ecor@EquipmentCompanyOfTheRockies.com RESPECTFULLY, ERNIE IVY CONTRACT PRICE (HGAC): $ 270,698.00 December 30th, 2018 PRICING AND SPECIFICATIONS: GLOBAL M4HSD MECHANICAL STREET SWEEPER 2019 NEW INCLUDES: GLOBAL M4HSD HIGH SIDE DUMP SWEEPER, CUMMINS ISB6.7-280 HP, HIGH DUMP, HYDROSTATIC DRIVE, DUAL GUTTER BROOM, GRAY/WHITE POWDER COAT, A/C, ERGO SWITCH, IN-CAB LEAF GATE, REAR VIEW PRICE FOR ONE (1) NEW STREET SWEEPER: $ 270,698.00 WARRANTY: SWEEPER: 1 Year Parts & Labor Engine: 2 Year Parts & Labor (Cummins) Sprockets: 2 Years Warranty Dirt Shoes: 1000 Hour Warranty OUR TERMS AND CONDITIONS ARE AS FOLLOWS: DELIVERY: 60 - 90 DAYS A.R.O. FREIGHT: ALL PRICES QUOTED F.O.B. – PITKIN COUNTY, COLORADO TERMS: NET 30 DAYS TAXES: NOT APPLICABLE December 30th, 2018 GLOBAL M4HSD MECHANIC High Visibility Cab (Glass Entry Door Included) AL STANDARD EQUIPMENT 5.2 cu yd (3.92 cu meter) Hopper (Volumetric) 72 dBA In-Cab Noise Level Hopper Dump Alarm Dust & Weather Sealed Cab 47" (1194 mm) dia. Gutter Brooms Multi-Adjustable Suspension Seat In-Cab Gutter Broom Pressure Adjustment Tilt & Telescoping Steering Wheel Tuf-Grip Disposable Gutter Broom Segments Tinted Safety Windows & Windshield 32" x 56.5" (813 mm x 1435 mm) Tube Type Pickup Broom Windshield Wiper/Washer 58" (1473 mm) Wide Squeegee Type Elevator Ergonomic Go Pedal PM10 High Quality PUB (Pick Up Broom) Coolant Temp, Oil Pressure & Voltmeter Gauges Two 18 gal (68 L) Hydraulic Oil Tanks Coolant, Eng Oil Pressure & Low Hyd Oil Warning Lts. Hydraulic Manifolds in LH Fender Speedometer, Tachometer & Hourmeter 18.5' (5.6 m) Turning Radius Fuel Level Gauge Front & Rear Suspension 130 amp Heavy-Duty Alternator All Sheet Metal Surfaces Primer Powder Coated 280 gal (945 L) Polyethylene Water Tank All Sheet Metal Surfaces Powder Coated Gutter Broom Water Spray Jets Standard Frame Paint Color Gray Pickup Broom Water Spray Jets Standard Hopper/Cab/Fenders Paint Color White Low Water Level Light in Cab Fender Mounted Tool Box 15' (4.6 m) Hydrant Hose with Coupling & Wrench Front & Rear Tie Downs with Tow Hooks Front Spray Bar Left & Right Dual West Coast Mirrors Engine Block Heater Buddy Seat Centauri Precleaner ERGO SWITCH STANDARD Electrical Systems Locker REAR VIEW CAMERA STANDARD Four Wheel Disk Brakes Load Leveling Device with Hopper Full Indicator ABS Brake System QuickChange Main Broom System Cab Controlled Leaf Gate System 11-FLIGHT Elevator System & Heavy Sweep Package LED Stop/Tail Lights, Clearance Lights 1 Sweeper Service Manuals in English LED Gutter Broom Spotlights 1 Sweeper Parts Manuals in English Sealed Beam Headlights 1 Sweeper Operator Manual in English LED Gutter Broom Spotlights 2 Year Elevator Sprocket Warranty 2017 Cummins Engine with 5 gal. DEF Tank December 30th, 2018 OPTIONAL EQUIPMENT (INCLUDED IN TOTAL PRICE): 1 334987 Quick Change Main Broom System 1 323145 Elevator Flusher 1 331016 GB Speed Control 1 247011 Dual GB Tilt (ILOS 2-323742) 1 325516 Auxiliary Hopper Raise Option W/Pump 1 325256 AM/FM Radio w/ CD with Aux & USB Ports (ILOS 353605NY) 1 323035 Aux. Power Source + 323034 Cap 1 318806 Seat, High Back, Air, Gray (ILOS 317052) 1 324981 Heated & Remote Controlled Mirrors with Heavy Duty Brackets (ILOS 324798) 1 326844 Cab Strobe (LED) 1 325514 Limb Guard (Cab Beacon/Strobe) 1 327725 Front Flood Lights Dual Caltrans style 1 310061 Additional Gutterbroom Lights (LED) 1 326517 Battery Master Shutoff 1 316607LED Rear Facing Flood Lights Rear (LED) 1 329822 Remote Grease Block - 9 positions 1 322500 Microtrap PM10 Option WE THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE. SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION, REGARDING THE AFORMENTIONED PRICING, SPECIFICATIONS AND OPTIONS, PLEASE FEEL FREE TO CONTACT ME AT (303) 709-2272. THANK YOU! MEMBER OF EQUIPMENT COMPANY OF THE ROCKIES, LLC EMAIL: EIVY@ECORDEALER.COM CELL: (303) 709-2272 Quoted from stock are quoted subject to prior sales. Prices subject to adjustment to comply with manufacturer prices in effec t at date of shipment and quotation automatically expire thirty (30) days from its date. Prices quoted do not include any state, local and /or other applicable taxes and such taxes (if any) shall be paid by the purchaser in addition to the quoted price, unless shown separately above. Delivery quoted is an estimate only and is based on the date of this quotation and is further subject to any delay encountered in receiving a firm order and to other factors being beyond our control. RESPECTFULLY, ERNIE IVY Warranty is limited to that on new machines as provided by the manufacturers, copies of which are available on request. It is understood that there are no verbal agreements or understandings, which in any manner conflict with the written terms of this quotation. ISO 9001:2008 Global Environmental Products, Inc. warrants to the original purchaser all new mechanical/air sweeper manufactured by it, to be free from defects in material and workmanship under normal operating conditions and proper application for a period of one (1) (twelve months) from the date placed in service or two-thousand (1200) hours of operation by the original purchaser, whichever occurs first, except for wear parts and failures caused by misuse, abuse, accident, inadequate maintenance, or contamination of components. The Standard Warranty includes, within this statement Transmission(Hydrostatic) along with all Hydraulic Components against defects for a period of one (1) Year (12 months) from the date placed in service or three-thousand (1200) hours of operation by the original purchaser, whichever occurs first, except wear parts and failures caused by misuse, abuse, accident, inadequate maintenance or contamination of components. The following parts and components are wear items that are not included in GEP warranty coverage: pickup brooms, gutter brooms, front deflector flap, elevator mud flap, dirt shoes, elevator side flaps, squeegees, split sprockets, pickup broom flap, blower fan, fan housing, suction tubes, pick up head, dust seperator, screens, center deflector, dirt shoe deflectors, dirt shoe pivot rods, all filters, engine belts, brake linings, batteries, window glass, light bulbs, lenses, tires or grease, oil and fluids required for maintenance, bearings, lift cables, mirrors, hardware. Global Environmental Products obligation under this warranty is limited to making a repair or replacement at its factory or at a point designated by it, or any part or parts thereof which shall be returned to it with transportation charges prepaid and which its examination shall disclose to its satisfaction to have been thus defective; this warranty being expressly in lieu of all other obligations or liabilities on its part, and neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale, service or repair of its equipment. Optional equipment such as radios, rotating beacons, arrowstick or arrowboard and any electrical option will carry a warranty of 90 days. Electrical equipment not covered by this warranty includes starters, starter solenoids, generators, alternators, voltage regulators and batteries warranted by their respective manufacturers. Warranty coverage may be voided if non genuine GEP parts or components are used on Global Sweepers during the warranty period. Global Environmental Products does not warranty parts or components that fail due to lack of proper maintenance as directed by required maintenance schedule. This warranty does not obligate the manufacturer to bear the cost of removal and re installation labor or transportation charges in connection with the replacement of parts and components for equipment upon which repairs or alterations have been made in any way so as in the judgement of Global to affect its performance and reliability, nor which has been subject to misuse, negligence or accident. The GEP makes no warranty in respect to trade accessories, tires and engines, batteries or other accessories covered by warranty from the supplier, inasmuch as they are subject to the warranty of their respective manufacturers. THE FOREGOING IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING THOSE OF MERCHANTABILITY AND FITNESS OF ANY PRODUCT FOR A PARTICULAR PURPOSE), AND OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF GLOBAL ENVIRONMENTAL PRODUCTS, INC. LIMITATION OF LIABILITY It is expressly understood that Global's liability for its products, whether due to breach of warranty or negligence, is limited to the furnishing of such replacement parts, and Global will not be liable for any other injury, loss, damage, or expense, whether direct or consequential, including but not limited to loss of use, income, profit, or production, or increased cost of operation, or spoilage of or damage to material, arising in connection with the sale, installation, use of, inability to use, or the repair or replacement of Global's products. 5405 Industrial Parkway San Bernardino, CA 92407 USA Phone: 909-713-1600 info@globalsweeper.com www.GlobalSweeper.com GLOBAL WARRANTY POLICY WARRANTY POLICY - MECHANICAL/AIR SWEEPERS M3, MX3, M4, M4HSD, R3, V6 Effective JANUARY 1st, 2016 ELEVATOR SPROCKET WARRANTY STATEMENT APPLICABLE TO STREET SWEEPER MODELS: M3, MX3, M4, M4HSD WHEN SUCH WARRANTY IS REQUESTED. Global Environmental Products hereby certifies that the sweeper‟s Elevator Sprockets, (Original Equipment Manufacture) shall be warranted against premature wear, including normal wear and tear, and any damage due to sweeping of heavy debris for a period of 2 years. Coverage includes 100% parts with no „prorating‟ or hour limitations. This warranty is non-transferable and is only valid when OEM Elevator Belts, and elevator flights (both aluminum flights and rubber squeegees), supports cups and bolts are used in conjunction with OEM Elevator Sprockets. Use of any non OEM elevator components such as elevator flights, support cups, bolts, etc, voids this warranty. Sebastian Mentelski Director of Dealer Development Global Environmental Products, Inc. GLOBAL ENVIRONMENTAL PRODUCTS MECHANICAL OEM ELEVATOR SPROCKET WARRANTY STATEMENT ISO 9001:2008 POLYURETHANE DIRT SHOE WARRANTY STATEMENT APPLICABLE TO STREET SWEEPER MODELS: M3, M4 & MX3, M4HSD, 3000, MX450, 4000 WHEN SUCH WARRANTY IS REQUESTED. Global Environmental Products hereby certifies that the sweeper‟s Polyurethane Dirt Shoes, (Original Equipment Manufacture) shall be warranted against premature wear, including normal wear and tear, and any damage due to sweeping on uneven surfaces for a period of 1000 hours. Coverage includes 100% parts with no „pro-rating‟ or hour limitations. This warranty is non-transferable and is only valid with a purchase of OEM Dirt Shoes. Dirt shoe assembly shall be inspected and adjusted as per Manufacturer Specifications. Uneven wear or lack of adjustment of dirt shoe assembly, as per manufacturer specifications, voids this warranty. Sebastian Mentelski Director of Dealer Development Global Environmental Products, Inc. GLOBAL ENVIRONMENTAL PRODUCTS MECHANICAL OEM DIRT SHOE WARRANTY STATEMENT ISO 9001:2008 M4HSD Powerful Cab-Forward Purpose-Built Street Sweeper 18.5’ Turning Radius Cab-Over Design with Unmatched Visibility Large 47” Gutterbrooms Designed to Clean the Curb High Performance Sweeping Package Unmatched Access to Engine and Sweeping Components Large 5.2 Cubic Yard Hopper with Access Door Lots of Power with Excellent Fuel Consumption Available Alternative Fuel Options Compressed Natural Gas THE ULTIMATE POWER, SPEED AND VERSITILTY M4HSD THE BEST PURPOSE-BUILT SWEEPER IN THE INDUSTRY The Global M4HSD (High Side Dump) is changing the way we sweep today! It is tough, rug- ged and built-to-last. Incorporating Global’s Heavy Sweep Package and 18.5- Foot Turning Radius, it is the best choice for municipalities and governmental agencies. The Global M4HSD is de- signed to sweep in the tough- est conditions such as road millings, heavy sand and chip seal. With 4.5 Cu./Yd. Use- able Capacity and Patent Pending Load-Level device the Global M4HSD can load 3 Tons of Sand every minute. The inherent design of the Global M4HSD makes it the logical choice among 4-wheel mechanical sweepers. With the center mounted/cab forward layout the operator has unsurpassed visibility of the road surface as well as pedestrians and surrounding traffic. The large hopper capacity equals more lane miles swept between dump cycles and the 18.5-foot turn- ing radius makes the Global M4HSD highly efficient and comfortable. The Global M4HSD smooth hydrostatic drive with infinite speed-control while sweeping; offers speeds up to 14-mph in sweeping mode and travel speeds up to 65-mph. LONG LASTING DIRT SHOES Polyurethane Dirt Shoes are designed so that operator has sweep over potholes and rail road tracks and will not damage while sweeping. Long Life of 1000 hours is guaranteed. 47” Gutterbrooms assist in cleaning curbs and heavy Road Millings. DUST SUPPRESSION SYSTEM • Global M4HSD includes 280 Gallon Water Tank Capacity combined with Two(2) Diaphragm Water pumps and Two(2) Modes (LOW/ HIGH) provide versatility and superb dust control. Global M4HSD Standard Equipment • Air Conditioned Cab • In-Cab Gutterbroom Pressure Adjustment • Rear View Camera and LCD Monitor • Leaf Gate System • Heavy Sweep Package • 5.2 Cubic Yard Hopper Global M4HSD Options • 100% Stainless Steel Hopper • In-Cab Gutterbroom Tilt • AM/FM/CD Stereo with AUX/USB Port • Air-Ride Seat • Elevator Wash-Out • Automatic Greasing System • (SCAQMD) PM-10 Water System • Power and Heated Mirrors HEAVY SWEEP PACKAGE Elevator Type: Standard 11 Flight squeegee with replaceable corded rubber tips; Con- tinuous molded rubber belts combine with standard Heavy Sweep Package make Global M4HSD the logical choice for sweeping heavy debris such as road millings, sand and gravel up to 3-tons per-minute. That Is one ton every 20 seconds! Standard leaf gate system assists in picking up large debris, bottles, large branches and leaves. LARGEST USEABLE CAPACITY IN IT’S CLASS Global M4HSD includes a 5.2 cu/yd hopper capacity compared to 4.5 cu/yd on competitive machines resulting in more curb miles swept between dump cycles. With near Full Useable Capacity, 12,000-LB Lift Capacity, and the Optional Elevator Wash Out System, Global M4HSD is Affordable, Reliaible and innovative. © Copyright 2017, Global Environmental Products, Inc. • Specifications may change without notice. THE BEST PURPOSE-BUILT SWEEPER IN THE INDUSTRY POWERFUL SWEEPING SYSTEM and Large Hopper Capacity makes the Global M4HSD a perfect choice for Sweeping Road Millings and Chip Seal. M4HSD is a perfect Street Sweeper for a Private Contractor, DOT State Organizations, and Public Entity, and Municipalities. EASY TROUBLESHOOTING A centralized, weatherproof systems fully protects electrical components from the elements while it allows maintenance staff easy accessibility for inspec- tion and troubleshooting. SINGLE ENGINE DESIGN REDUCES MAINTENANCE COSTS Cummins ISB 6.7L 280 HP turbocharged Engine offers superb performance, less maintenance, and exceptional fuel savings compared to Dual Engine Street Sweepers, while meeting 2017 EPA/CARB Certifications. © Copyright 2017, Global Environmental Products, Inc. • Specifications may change without notice. ACCESS IT ALL The Global M4HSD features many maintenance-friendly attributes, such as a rear swing-out radiator, easy access front mounted AC condenser, brake and windshield washer fluid reservoirs, and cab fresh air filter. REAR VIEW CAMERA IS STANDARD Rear view camera with In-Cab 7” LCD Monitor is standard on every Global Street Sweeper. LED Arrowstick is Optional along with Cab Beacon. IT”S ALL IN THE OPEN Hydraulic Hoses are NOT hidden in the frame of the sweeper, while all Manifolds and Filters are located in a central location. The Global M4HSD features many maintenance-friendly attributes, such as a rear swing-out radiator, easy access front mounted AC condenser, brake and windshield washer fluid reservoirs, and cab fresh air filter. MADE IN THE USA M4HSD Sold and Serviced by: Global Environmental Products 5405 Industrial Parkway San Bernardino, CA 92407 USA 909-713-1600 info@globalsweeper.com Global Environmental Products Inc. offers equip- ment with uncompromising performance, consistent quality, durability and reliability. Our comprehensive range of machines provide the right cleaning equipment for your application. Please contact us for a demonstration at (909) 713-1600. Reliable / Durable Equipment Innovative Engineering / Design Industry Leading Reputation Dedicated Customer Service Outstanding Sales Professionals Fast Parts and Service National Dealer Network www. GlobalSweeper. com MADE IN THE USA