HomeMy WebLinkAboutItem 4.5 - 3330 Procurement of Fire Apparatus (2)
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STAFF REPORT
CITY COUNCIL
DATE: August 18, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Request for Waiver of Competitive Bid Process and Authorization to
Purchase Fire Apparatus through Cooperative Purchasing Program
Contracts and Sole Source the Outfitting of the Apparatus Units to the
Alameda County Fire Department
Prepared by: Lisa Hisatomi, Administrative Services Director
EXECUTIVE SUMMARY:
The City Council will consider waiving the competitive bid requirement and approving
the purchase of two replacement fire engines through cooperative purchasing
agreements, and the outfitting of the units by the Alameda County Fire Department as a
sole source provider.
STAFF RECOMMENDATION:
Adopt the Resolution Waiving the Competitive Bid Process and Approving the
Purchase of Two Fire Engines Through Cooperative Purchasing Contracts, and
Approving the Outfitting of the Fire Engines by the Alameda County Fire Department as
a Sole Source Provider.
FINANCIAL IMPACT:
The cost of the replacement and outfitting of the apparatus was included in the Fiscal
Year 2019-20 Vehicle Internal Service Fund Budget, which will be carried over to Fiscal
Year 2020-21 for the procurement of the fire engines.
DESCRIPTION:
The City of Dublin owns all the fire apparatus stationed in the City’s three fire stations.
As part of the fire services contract, the Alameda County Fire Department (ACFD)
maintains the City’s fire apparatus fleet. The ACFD routinely reviews the condition of the
City’s fleet to ensure the safety and reliability of the fire apparatus when firefighters
respond to emergency incidents.
Based on the ACFD assessment, it is recommended to replace engine #165 in Station
16 and engine #210 in Station 17. The City’s fire apparatus units are custom built to
meet all legal requirements and current National Fire Protection Agency (NFPA)
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standards.
Staff recommends that the fire engines requiring replacement be purchased through H -
GAC (Houston-Galveston Area Council) cooperative purchasing contract (contract
#FS12-19, valid through November 30, 2021) from Golden State Fire Apparatus, one of
the authorized dealers of Pierce Manufacturing (Attachment 2). The units are priced as
follows:
• One Pierce Arrow XT Pumper - $667,411.97
• One Pierce Arrow XT Tiller - $1,341,589.85
Staff also recommends to sole source the outfitting of the fire engines to the ACFD.
This action assures that the units are built and outfitted to the standard specifications of
the other apparatus in the ACFD fleet. The estimated cost for outfitting both apparatus
units is approximately $250,000.
Chapter 2.36 of the Dublin Municipal Code establishes the procedures for contracts and
purchasing, which require City Council approval for procurement of goods and services
in excess of $45,000. The City Purchasing Ordinance provides the City Council with
authority to waive the competitive bidding process, as stated in Dublin Municipal Code
Section 2.36.100:
• B.9 - “When another public agency has administered a competitive bidding
process and has a current valid agreement for the same or substantially similar
consultant or professional services, general services, supplies or equipment.”
• B.4 - “When a contract or purchase involves goods of a technical nature, which it
would be difficult for a vendor to bid on a standard set of specifications.”
The procurement of the fire engines meets the criteria, as H-GAC has administered a
competitive bidding process and both contracts are valid through Novemb er 30, 2021.
In addition, since ACFD performs apparatus repairs and maintenance, the equipment
installation should be done by the ACFD in accordance with their specifications.
When the two new front-line engines are in service, engines #210 and #164 (a re serve
unit) will be retired from the fleet, either by auction or sell to ACFD at a fair market price.
Unit #165 will be moved to the reserve line.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Waiving the Competitive Bid Process and Approving the Purchase of Two
Fire Engines Through Cooperative Purchasing Contracts
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2. HGAC-Golden State Fire Apparatus Contract
RESOLUTION NO. XX - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
WAIVING THE COMPETITIVE BID PROCESS AND APPROVING THE PURCHASE OF TWO FIRE
ENGINES THROUGH COOPERATIVE PURCHASING PROGRAM CONTRACTS, AND
APPROVING THE OUTFITTING OF THE FIRE ENGINES BY THE ALAMEDA COUNTY FIRE
DEPARTMENT AS A SOLE SOURCE PROVIDER
WHEREAS, the City requires the purchase of fire apparatus for fire services operations; and
WHEREAS, the City follows a process of periodically replacing vehicles based upon the age
and condition of the vehicles; and
WHEREAS, appropriations were included in the Fiscal Year 2019-20 Vehicle Internal Service
Fund budget for the replacement of fire engines #210 and #165; and
WHEREAS, appropriations will be carried over to Fiscal Year 2020-21; and
WHEREAS, Section 2.36.100(B)(9) of the Dublin Municipal Code allows for an exception to
the competitive bid process when another public agency has administered a competitive bidding
process and has a current valid agreement for the same or substantially similar consultant or
professional services, general services, supplies or equipment; and
WHEREAS, Section 2.36.100(B)(4) of the Dublin Municipal Code allows for an exception to
the competitive bid process when a contract or purchase involves goods of a technical nature, which
it would be difficult for a vendor to bid on a standard set of specifications; and
WHEREAS, the City Council finds that significant benefits are possible by authorizing Staff to
replace fire engines #210 and #165 from Golden State Fire Apparatus through the Cooperative
Purchasing Program of the Houston -Galveston Area Council (H-GAC), contract # FS12-19, and to
sole source the outfitting of the apparatus unit to the Alameda Coun ty Fire Department; and
WHEREAS, engine #210 (VIN # 4S7AT4192YC033591) and reserve engine #164 (VIN #
4P1CT02HX3A003050) will be retired from the City’s fleet either by auction or sell to ACFD at a fair
market price when the replacement engines are in service.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the purchase of two fire engines from Golden State Fire Apparatus through the
cooperative purchasing contracts, the sole source of the outfitting of the new fire engines to the
Alameda County Fire Department, and the surplus of engine #210 and reserve engine #164.
PASSED, APPROVED AND ADOPTED this 18th day of August 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
____________________________
City Clerk
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Golden State Fire Apparatus, Inc. - Public Services - -
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GENERAL PROVISIONS
This Agreement is made and entered into, by and between the Houston-Galveston Area Council
hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite
120, Houston, Texas 77027 and Golden State Fire Apparatus, Inc., hereinafter referred to as the
Contractor, having its principal place of business at 7400 Reese Road, Sacramento, CA 95828.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the
specifications of the Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of
the Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into
this Agreement. The Contractor's governing body, where applicable, has authorized the signatory
official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any
subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable
rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term
of this Agreement, including without limitation, workers’ compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When required, the
Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: INDEPENDENT CONTRACTOR
The execution of this Agreement and the rendering of services prescribed by this Agreement do not
change the independent status of H-GAC or the Contractor. No provision of this Agreement or act of H-
GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant
or employee of H-GAC, the State of Texas or the United States Government. Employees of the
Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is
solely responsible for employee related disputes and discrepancies, including employee payrolls and any
claims arising therefrom.
ARTICLE 4: WHOLE AGREEMENT
The General Provisions, Special Provisions, and Attachments, as provided herein, constitute the
complete Agreement (“Agreement”) between the parties hereto, and supersede any and all oral and
written agreements between the parties relating to matters herein. Except as otherwise provided
herein, this Agreement cannot be modified without written consent of the parties.
ARTICLE 5: SCOPE OF SERVICES
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The services to be performed by the Contractor are outlined in an Attachment to this Agreement.
ARTICLE 6: PERFORMANCE PERIOD
This Agreement shall be performed during the period which begins Dec 01 2019 and ends Nov 30 2021.
All services under this Agreement must be rendered within this performance period, unless directly
specified under a written change or extension provisioned under Article 14, which shall be fully
executed by both parties to this Agreement.
ARTICLE 7: PAYMENT OR FUNDING
Payment provisions under this Agreement are outlined in the Special Provisions.
ARTICLE 8: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by
this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may
terminate this agreement with notice as identified in Article 15 of these General Provisions. H-GAC
has final determination of the adequacy of performance and reporting by Contractor. Termination of
this agreement for failure to perform may affect Contractor’s ability to participate in future
opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered
cause for termination of this Agreement.
Any additional reporting requirements shall be set forth in the Special Provisions of this Agreement.
ARTICLE 9: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this
Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 10: SUBCONTRACTS and ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign,
transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest
it may have therein to any third party without prior written approval of H-GAC. The Contractor
acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The
Contractor shall ensure that the performance rendered under all subcontracts shall result in
compliance with all the terms and provisions of this Agreement as if the performance rendered was
rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and
regulations applicable to furnishing and performance of the work. Except where otherwise expressly
required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's
compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 11: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be
conducted an independent audit of any transaction under this Agreement, such audit may be performed
by the H-GAC local government audit staff, a certified public accountant firm, or other auditors
designated by H-GAC and will be conducted in accordance with applicable professional standards and
practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for
any findings that result in monetary obligations to H-GAC.
ARTICLE 12: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the
Contractor's costs and documentation of items which are chargeable to H-GAC under this Agreement.
H-GAC, through its staff or designated public accounting firm, the State of Texas, and United States
Government, shall have the right at any reasonable time to inspect, copy and audit those records on or
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off the premises by authorized representatives of its own or any public accounting firm selected by H-
GAC. The right of access to records is not limited to the required retention period, but shall last as long
as the records are retained. Failure to provide access to records may be cause for termination of the
Agreement. The records to be thus maintained and retained by the Contractor shall include (without
limitation): (1) personnel and payroll records, including social security numbers and labor
classifications, accounting for total time distribution of the Contractor's employees working full or part
time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or
other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing
documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3)
paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third
parties' charges.
The Contractor further agrees that the examination of records outlined in this article shall be included
in all subcontractor or third-party agreements.
ARTICLE 13: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Agreement, and all
other financial, statistical, property, participant records, and supporting documentation for a period of
no less than seven (7) years from the later of the date of acceptance of the final payment or until all
audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving
the records has been started before the expiration of the retention period, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of the
seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully
resolved.
ARTICLE 14: CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by
changes in federal or state law or by regulations, are automatically incorporated without
written amendment hereto, and shall become effective on the date designated by such law or by
regulation.
B. To ensure the legal and effective performance of this Agreement, both parties agree that any
amendment that affects the performance under this Agreement must be mutually agreed upon
and that all such amendments must be in writing. After a period of no less than 30 days
subsequent to written notice, unless sooner implementation is required by law, such
amendments shall have the effect of qualifying the terms of this Agreement and shall be
binding upon the parties as if written herein.
ARTICLE 15: TERMINATION PROCEDURES
The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.
A. Convenience
H-GAC may terminate this Agreement at any time, in whole or in part, with or without cause,
whenever H-GAC determines that for any reason such termination is in the best interest of H-
GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of
termination, all services hereunder of the Contractor and its employees and subcontractors
shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Agreement upon submission of thirty (30) days
written notice, presented to H-GAC via certified mail. The Contractor may not give notice of
cancellation after it has received notice of default from H-GAC.
B. Default
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H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of
the Agreement, in any one of the following circumstances:
(1) lf the Contractor fails to perform the services herein specified within the time specified
herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Agreement for any
reason whatsoever, or so fails to make progress or otherwise violates the Agreements that
completion of services herein specified within the Agreement term is significantly
endangered, and in either of these two instances does not cure such failure within a period
often (10) days (or such longer period of time as may be authorized by H-GAC in writing)
after receiving written notice by certified mail of default from H-GAC.
ARTICLE 16: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
ARTICLE 17: FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from the
performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of
labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause
reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event,
the time for the performance of such obligation or duty shall be suspended until such disability to
perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 18: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or subcontractor, no member of the governing body of
the Contractor, and no other public officials of the Contractor who exercise any functions or
responsibilities in the review or Contractor approval of this Agreement, shall participate in any
decision relating to this Agreement which affects his or her personal interest, or shall have any
personal or pecuniary interest, direct or indirect, in this Agreement.
ARTICLE 19: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards,
and environmental compliance. Additionally, for work to be performed under the Agreement or
subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify
each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may
include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment
Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or
alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s)
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applicable to any Federal funding for this Agreement; (k) the requirements of any other
nondiscrimination statute(s) which may apply to this Agreement; (l) applicable provisions of the Clean
Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C.
§1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the
Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations
at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (P.L. 94-163).
ARTICLE 20: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Agreement in conformance with safeguards against fraud and
abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state
or federal agency. The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud,
abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of
knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical
attention arising from its activities under this Agreement within twenty-four (24) hours of such
occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be
reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such
act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State
of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit, in
carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the
Contractor pertaining to this Agreement or which would adversely affect the Contractor’s ability to
perform services under this Agreement.
ARTICLE 21: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Agreement, 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, judgements, and liens arising as a result
of Contractor’s negligent act or omission under this Agreement. Contractor shall notifiy H-GAC of the
threat of lawsuit or of any actual suit filed against Contractor relating to this Agreement.
ARTICLE 22: 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 Agreement, whether for breach of contract, warranty, negligence, strict
liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, 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, loss of 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
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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 Agreement.
ARTICLE 23: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not
be considered restrictive of the subject matter of any Article, or part of this Agreement.
ARTICLE 24: JOINT WORK PRODUCT
This Agreement is the joint work product of H-GAC and the Contractor. This Agreement has been
negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in
accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against
any party.
ARTICLE 25: DISPUTES
All disputes concerning questions of fact or of law arising under this Agreement, which are not
addressed within the Whole Agreement as defined pursuant to Article 4 hereof, 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 the Contractor. The decision of the Executive Director or his designee shall be final
and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor
requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under
this Article, the 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. 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. Pending final decision of a dispute hereunder,
the Contractor shall proceed diligently with the performance of the Agreement and in accordance with
H- GAC's final decision.
ARTICLE 26: CHOICE OF LAW: VENUE
This Agreement 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 the Agreement shall lie exclusively in Harris
County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the
law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such
disputes.
ARTICLE 27: ORDER OF PRIORITY
In the case of any conflict between or within this Agreement, the following order of priority shall be
utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and, 4) Other Attachments.
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SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Agreement as of the date first
written above, as accepted by:
Golden State Fire Apparatus, Inc.
Signature $docusign:SignHere::Customer1
Name Ryan Wright
Title President
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777
Cooperative Agreement - Golden State Fire Apparatus, Inc. - Public Services -
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SPECIAL PROVISIONS
Incorporated by attachment, as part of the whole agreement, H-GAC and the Contractor do, hereby agree to the
Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Agreement, the following documents listed in order of priority are incorporated
into the Agreement by reference: Bid/Proposal Specifications and &RQWUDFWRU¶V Response to the Bid/Proposal.
$57,&/( (1'86(5$*5((0(176 ³(8$´
H-GAC acknowledges that the END USER PD\FKRRVHWRHQWHULQWRDQ(QG8VHU$JUHHPHQW ³(8$ ZLWKWKH
Contractor through this Agreement,and that the term of the EUA may exceed the term of the current H-GAC
Agreement. H-*$&¶V DFNQRZOHGJHPHQWLVQRWDQHQGRUVHPHQWRUDSSURYDORIWKH(QG8VHU$JUHHPHQW¶V
terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or
conditions that conflict with those in &RQWUDFWRU¶VAgreement with H-GAC. Contractor affirms that
termination of its Agreement with H-GAC for any reason shall not result in the termination of any underlying
(8$ZKLFKVKDOOLQHDFKLQVWDQFHFRQWLQXHSXUVXDQWWRWKH(8$¶VVWDWHGWHUPVDQGGXUDWLRQ3XUVXDQWWRWKH
terms of this Agreement, termination of this Agreement will disallow the Contractor from entering into any
new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC
on any EUAs, surviving termination of this Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Agreement,
Contractor develops a regularly followed standard procedure of entering 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, and this Agreement shall be deemed to be automatically retroactively amended, to the effective date
RI&RQWUDFWRU¶VPRVWIDYRUDEOHSDVWDJUHHPHQWZLWKDQRWKHUHQWLW\Contractor shall provide the same prices,
warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past agreement.
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 claims that a more favorable price, warranty, benefit,
or term that was charged or offered to another entity during the term of this Agreement, does not constitute
more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing,
setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment.
H-GACDIWHUGXHFRQVLGHUDWLRQRI&RQWUDFWRU¶VZULWWHQH[SODQDWLRQPD\GHFOLQHWRDFFHSWVXFKH[SODQDWLRQ
and thereupon this Agreement 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,
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benefits, or terms to H-GAC and the END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder,
Proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid
concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
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liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by
H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of
this Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END
USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-
GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC
will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an
END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing
charge, after delivery of any product or service and subsequent END USER acceptance.Payment of the Order
Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10)
EXVLQHVVGD\VDIWHUUHFHLSWRIDQ(1'86(5¶VSD\PHQWZKLFKHYHUFRPHVILUVWQRWZLWKVWDQGLQJ&RQWUDFWRU¶V
receipt of invoice. For sales made by Contractor based on this Agreement,including sales to entities without
Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further,
Contractor agrees to encourage entities who are not members of H-GAC¶V Cooperative Purchasing Program to
execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but
not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing
charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an
END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any
order processing charges on any portion of the Agreement actually performed,and for which compensation was
received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER
purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the
following insurance and coverage minimums:
a.General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General
DocuSign Envelope ID: CDB7A818-ECBC-480F-AB71-FDE7555316B0
Page 3 of 4
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 of the Bid/Proposal
Specifications.
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 $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence
limit.This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of
Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically
and clearly listed on insurance certificate(s) submitted to H-GAC.
b. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal,
and for any extensions thereof, plus the number of days/months required to deliver any outstanding
order after the close of the contract period.
c. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the
insured and showing coverage and limits for the insurances listed above.
d. If any Product(s) or Service(s) will be provided by parties other than Contractor,all such parties
are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC,
a separate insurance certificate must be submitted for each such party.
e.H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance
and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS
H-*$&¶Vcontractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore,
Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to
cover any order if so requested by the 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.
ARTICLE 10: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control,
dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to
advise H-GAC if this Agreement shall be affected in any way by such change. H-GAC shall have the right to
determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Agreement.
ARTICLE 11: TEXAS MOTOR VEHICLE BOARD LICENSING
All that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle
Commission Code. If at any time during this Agreement term, any required Contractor license is denied,
revoked, or not renewed, Contractor shall be in default of this Agreement, unless the Texas Motor Vehicle
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Page 4 of 4
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.
DocuSign Envelope ID: CDB7A818-ECBC-480F-AB71-FDE7555316B0
Attachment A
Golden State Fire Apparatus, Inc.
Fire Service Apparatus (All Types)
Contract No. FS12-19
A. Aerials (Booms/Platforms, Ladders, Ladder/Platforms
FS19VA01 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Single Axle, 75' Steal Rear-Mounted Telescoping Ladder (500#)$841,899.00
FS19VA02 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Axle, 75' Steal Rear-Mounted Telescoping Ladder (500#)$875,497.00
FS19VA03 Pierce Enforcer Chassis 4-Door 75' Aluminum Rear Mounted Telescoping Ladder,
Formed Aluminum Body $827,652.00
FS19VA04 Pierce Arrow Chassis 4-Door 100' Aluminum Rear Mount Aerial, Aluminum Body,
Tandem Axle $1,126,674.00
FS19VA05 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Single Axle, 107' Rear-Mounted Telescoping Ladder $936,103.00
FS19VA06 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Rear Axle, 107' Rear-Mounted Telescoping Ladder $981,819.00
FS19VA07 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Rear Axle, 110' Rear-Mounted Telescoping Platform $1,031,013.00
FS19VA08 Pierce Enforcer Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Axle, 105' Rear-Mounted Telescoping Ladder (500#)$982,626.00
FS19VA09 Pierce Arrow Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Axle, 100' Mid-Mounted Telescoping Ladder with Platform $1,322,460.00
FS19VA10 Pierce Arrow Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Tandem Axle, 100' Rear-Mounted Telescoping Ladder with Platform (750#)$1,254,844.00
FS19VA11 Pierce Arrow Chassis, 4-Door Full Tilt Aluminum Cab, Formed Aluminum Body,
Single Axle, 107' Tractor Drawn - Mid-Mounted Telescoping Ladder (#500)$1,266,367.00
FS19VB01 Pierce Brush Fire Apparatus, Ford F450, Formed Aluminum Utility Body $138,870.00
FS19VB02 Pierce Brush Fire Apparatus, Ford F-550 Mini Pumper 500 gpm, 300 tank $215,358.00
FS19VB03 Freightliner 4-Door 4 x 4 Wildland, 500 water, 1000 gpm Pump $364,240.00
FS19VC01 M2 Freightliner, 2-Door, OEM Cab, Aluminum Body, Single Axle, 1250 GPM Pump,
Mid-Mounted Pumper $264,379.00
FS19VC02 IHC, 2-Door, OEM Cab, Aluminum Body, Single Axle, 1250 GPM Pump, Mid-
Mounted Pumper $273,152.00
FS19VC03 KW, 2-Door, OME Cab, Aluminum Body, Single Axle, 1250 GPM Pump, Mid-
Mounted Pumper $267,171.00
FS19VC04 Peterbilt, 2-Door, OME Cab, Aluminum Body, Single Axle, 1250 GPM Pump, Mid-
Mounted Pumper $275,936.00
FS19VC06 Pierce Saber FR, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle,
1250 GPM Pump, Mid-Mounted Pumper $456,160.00
FS19VC07 Pierce Enforcer, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle, 1250
GPM Pump, Mid-Mounted Pumper $492,768.00
V. Pierce
C. Pumper Fire Apparatus
B. Wildland Fire Apparatus
**These units can only be sold outside Texas**
DocuSign Envelope ID: CDB7A818-ECBC-480F-AB71-FDE7555316B0
FS19VC08 Pierce Velocity, 4- Door Fulll Tilt Cab, Aluminum Long Body, 1250 gpm mid-
mounted Pump $578,586.00
FS19VC09 Pierce Dash CF, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle,
1250 GPM Pump, PUC Body Pumper $643,725.00
FS19VD01 Ford F-550 4- Door, 12 'Non-Walk-in Formed Aluminum Body $154,273.00
FS19VD02 M2 Freightliner, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Non-Walk-
In Body $208,337.00
FS19VD03 IHC, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Non-Walk-In Body $210,190.00
FS19VD04 Kenworth, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Non-Walk-In
Body $204,051.00
FS19VD05 Peterbilt, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Non-Walk-In
Body $214,955.00
FS19VD06 Pierce Saber FR, Full-Tilt, Aluminum Cab, Single Axle, Formed Aluminum Body,
Non-Walk-In Encore Body 18.5'$396,673.00
FS19VD07 Pierce Enforcer 4-Door, Aluminum Cab, Single Axle, Formed Aluminum Body, Non
Walk-in HDR Body $497,432.00
FS19VD08 Pierce Velocity 4-Door Aluminum Cab, Tandem Axle Non-Walk-in HDR Body $609,953.00
FS19VD09 M2 Freightliner, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Walk-In
Body $300,407.00
FS19VD10 IHC, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Walk-In Body $302,928.00
FS19VD11 Kenworth, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, W alk-In Body $298,047.00
FS19VD12 Peterbilt, 2-Door, OEM Cab, Single Axle, Formed Aluminum Body, Walk-In Body $305,177.00
FS19VD13 Pierce Enforcer 4-Door, Full Tilt, Aluminum Cab, Single Axle, Formed Aluminum
Body, Walk-in HDR Body $598,680.00
FS19VD14 Pierce Velocity 4-Door Aluminum Cab, Tandem Axle Walk-in HDR Body $704,579.00
FS19VD15 Pierce Velocity 2-Door, Aluminum Cab, Tandem Axle, Combination Formed
Aluminum Body $747,407.00
FS19VD16 Pierce Velocity 4-Door Aluminum Cab, Tandem Axle Walk-in Communications Body $776,914.00
E. Pumper/Tankers & Tankers
FS19VE01 Freightliner 2 Door, Single Axle Tanker, Aluminum Body w/2000 water & 500 pump $276,292.00
FS19VE02 IHC 2dr Single Axle Tanker, Aluminum Body w/2000 water & 500 pump $279,029.00
FS19VE03 Kenworth 2dr Single Axle Tanker, Aluminum Body w/2000 water & 500 pump $276,490.00
FS19VE04 Peterbilt 2dr Single Axle Tanker, Aluminum w/2000 water & 500 pump $303,543.00
FS19VE05 Pierce Saber FR, 4-Door, Full-Tilt, Aluminum Cab, Pumper/Tanker, Aluminum Body,
Single Axle, 1000 GPM Pump, Mid-Mounted $508,722.00
FS19VE06 Pierce Enforcer, 4-Door, Full-Tilt, Aluminum Cab, Pumper/Tanker, Aluminum Body,
Tandem Axle, 1000 GPM Pump, Mid-Mounted $584,155.00
FS19VE07 Freightliner 2dr, Tandem Axle Tanker, Aluminum Body w/3000 water & 500 pump $304,897.00
FS19VE08 IHC 2dr Tandem Axle Tanker, Aluminum Body w/3000 water & 500 pump $317,114.00
FS19VE09 Kenworth 2dr Tandem Axle Tanker, Aluminum Body w/3000 water & 500 pump $294,582.00
FS19VE10 Peterbilt 2dr Tandem Axle Tanker, Aluminum w/3000 water & 500 pump $305,758.00
FS19VE11 Pierce Saber FR, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Single Axle,
1000 GPM Pump, Mid-Mounted Elliptical Tanker $507,029.00
D. Special Service Apparatus (Walk-In Bodies) Multi-use: Rescue, RE-Hab, Hazmat, Mobile Command Center
DocuSign Envelope ID: CDB7A818-ECBC-480F-AB71-FDE7555316B0
FS19VE12 Pierce Enforcer, 4-Door, Full-Tilt, Aluminum Cab, Aluminum Body, Tandem Axle,
1000 GPM Pump, Mid-Mounted Elliptical Tanker $602,900.00
FS19VE13 Pierce Velocity, 4-Door Aluminum Cab, Tandem Axle, Aluminum Pumper/Tanker 2000
Gallon Body, 1500 GPM Pump $630,280.00
FS19BBB01 Slip In Unit: Complete Slip in firefighting package for flatbed or pickup bed. 100 GPM
pump, 250 gallon poly tank. 150’ hose reel.$12,975.00
FS19BBB02
Skeeter Type 3 or 4 F-650: Brush unit, Large (33,000 gvw). Custom firefighting body. 750
gallon poly tank. 200-750 gpm pump. 150’ hose reel. Stainless steel plumbing. Hose tray.
Tool tray. Side body compartments.
$167,512.28
FS19BBB03
Skeeter Type 5 F-550: Brush unit, Medium (19,500 gvw). Custom firefighting body. 400
gallon poly tank. 200 gpm pump. 150’ hose reel. Stainless steel plumbing. Hose tray. Tool
tray. Side body compartments.
$104,340.00
FS19BBB04
Skeeter Type 6 F-350: Brush unit, Small (13,000 gvw). Custom firefighting body. 300 gallon
poly tank. 200 gpm pump. 150’ hose reel. Stainless steel plumbing. Hose tray. Tool tray.
Side body compartments.
$97,084.00
FS19BBB05 Type 5 Ram 5500 (19,000 GVW) Brush Unit Medium – 400 gallons/200 GPM pump.
Hose Reel.$103,040.00
FS19BBB06 Type 6 Ram 3500 (12,500 GVW) Brush Unit Small – 300 gallons/200 GPM pump.
Hose Reel $101,932.00
FS19BBB07 Type 3 International 7400 (35,000 GVW) Brush Unit Large – 750 gallons/200-750
GPM Pump. Hose reel.$153,692.00
FS19BBB08 Type 3 Freightliner M2 (37,000 GVW) Brush Unit Large – 750 gallons/200-750 GPM
Pump. Hose reel.$153,089.00
FS19BBB09 Squad Rescue Ford F-450 - Small Rescue Body with (2) Front Vertical
Compartments, (2) Rear Veritical Compartments and (2) Center Compartments
$93,222.00
FS19BBB10 Squad Rescue Ram - 4500 Small Rescue Body with (2) Front Vertical
Compartments, (2) Rear Veritical Compartments and (2) Center Compartments
$95,822.00
FS19BBB11 Type 5 Chevy 5500 (19,000 GVW) Brush Unit Medium – 400 gallons/200 GPM
pump. Hose Reel.$103,579.00
FS19BBB12 Type 6 Chevy 4500 (12,500 GVW) Brush Unit Small – 300 gallons/200 GPM pump.
Hose Reel $101,109.00
FS19BBB13 Type 3 Chevy 6500 (22,900 GVW) Brush Unit Large – 750 gallons/200-750 GPM
Pump. Hose reel.$114,056.28
B. Wildland Fire Apparatus (Brush Fire)
BB. Skeeter
**These units can only be sold outside Texas**
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