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HomeMy WebLinkAboutContract # : C19-0168 - FREIGHTLINER OF ARIZONA, LLC - Execution Date: 3/4/2019 C19-0168 LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND FREIGHTLINER OF ARIZONA,LLC THIS LINKING AGREEMENT (this "Agreement") is entered into as of this 2.b day of , 2019, between the City of Glendale, an Arizona municipal corporation (the "City"), and Freightliner of Arizona, LLC, a(n) Arizona limited liability company authorized to do business in Arizona ("Contractor"), collectively, the "Parties." RECITALS A. On January 18,2019,under State of Arizona Procurement Cooperative Purhasing Agreement, the State of Arizona entered into a contract with Contractor to purchase the goods and services described in the Medium and Heavy Duty Cabs,Chassis,and Buses,Contract No. CTR041810 ("Cooperative Purchasing Agreement"), which is attached hereto as Exhibit A. The Cooperative Purchasing Agreement permits its cooperative use by other governmental agencies including the City. B. Section 2-149 of the City's Procurement Code permits the Materials Manager to procure goods and services by participating with other governmental units in cooperative purchasing agreements when the best interests of the City would be served. C. Section 2-149 also provides that the Materials Manager may enter into such cooperative agreements without meeting the formal or informal solicitation and bid requirements of Glendale City Code Sections 2-145 and 2-146. D. The City desires to contract with Contractor for supplies or services identical, or nearly identical, to the supplies or services Contractor is providing other units of government under the Cooperative Purchasing Agreement. Contractor consents to the City's utilization of the Cooperative Purchasing Agreement as the basis of this Agreement, and Contractor desires to enter into this Agreement to provide the supplies and services set forth in this Agreement. AGREEMENT NOW,THEREFORE,in consideration of the foregoing recitals,which are incorporated by reference, and the covenants and promises contained in this Linking Agreement, the parties agree as follows: 1. Term of Agreement. The City is purchasing supplies and/or services from Contractor pursuant to the Cooperative Purchasing Agreement. According to the Cooperative Purchasing Agreement, purchases can be made by governmental entities from the date of award, which was January 18, 2019, until the date the contract expires on January 18, 2020 unless the term of the Cooperative Purchasing Agreement is extended by the mutual agreement of the original contracting parties. The Cooperative Purchasing Agreement, however,may not be extended beyond January 18,2024. The initial period of this Agreement, therefore,is the period from the Effective Date of this Agreement until January 18,2020. The 1/29/18 City may renew the term of this Agreement for four(4)one-year periods until the Cooperative Purchasing Agreement expires on January 18,2024. Glendale renewals are not automatic and shall only occur if the City gives the Contractor notice of its intent to renew. The City may give the Contractor notice of its intent to renew this Agreement 30 days prior to the anniversary of the Effective Date to effectuate such renewal. 2. Scope of Work;Terms. Conditions,and Specifications. A. Contractor shall provide City the supplies and/or services identified in the Scope of Work attached as Exhibit B. B. Contractor agrees to comply with all the terms, conditions and specifications of the Cooperative Purchasing Agreement. Such terms, conditions and specifications are specifically incorporated into and are an enforceable part of this Agreement. 3. Compensation. A. City shall pay Contractor compensation at the same rate and on the same schedule as provided in the Cooperative Purchasing Agreement, which is attached hereto as Exhibit C. • B. The total purchase price for the supplies and/or services purchased under this Agreement shall not exceed five million dollars ($5,000,000) for the entire term of the Agreement (initial term plus any renewals). 4. Cancellation. This Agreement may be cancelled pursuant to A.R.S. § 38-511. 5. Non-discrimination. Contractor must not discriminate against any employee or applicant for employment on the basis of race,color,religion,sex,national origin,age,marital status,sexual orientation,gender identity or expression, genetic characteristics, familial status,U.S. military veteran status or any disability. Contractor will require any Sub-contractor to be bound to the same requirements as stated within this section. Contractor, and on behalf of any subcontractors,warrants compliance with this section. 6. Insurance Certificate. A certificate of insurance applying to this Agreement must be provided to the City prior to the Effective Date. 7. E-verify. Contractor complies with A.R.S. § 23-214 and agrees to comply with the requirements of A.R.S. §41-4401. 8. No Boycott of Israel. The Parties agree that they are not currently engaged in and agree that for the duration of the Agreement they will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393. 9. Attestation of PCI Compliance. When applicable, the Contractor will provide the City annually with a Payment Card Industry Data Security Standard (PCI DSS) attestation of compliance certificate signed by an officer of Contractor with oversight responsibility. 2 1/29.18 10. Notices. Any notices that must be provided under this Agreement shall be sent to the Parties' respective authorized representatives at the address listed below: City of Glendale c/o Montana Slack 6210 W.Myrtle Avenue, #111 Glendale,AZ 85301 and Freightliner of Arizona,LLC c/o Cory Thompson 9899 W. Roosevelt Street Tolleson,AZ 85353 623-907-9900 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year set forth above. "City" "Contractor" City of Glendale, an Arizona Freightliner of Arizona, ILC, municipal corporation an Arizona limi liability company AO% By -- _ By: even R. e ps Name: t I ,, pro.J City Manager Title: Qom/ I ATTEST: J'. Bower (SEAL) City Clerk APPROVED AS TO FORM: c . . ■ eY City Attorney 3 1/29.18 LINKING AGREEMENT BE I WEEN THE CITY OF GLENDALE,ARIZONA AND FREIGHTLINER OF ARIZONA,LLC EXHIBIT A STATE OF ARIZONA CONTRACT NO. CTR041810 MEDIUM AND HEAVY DUTY CABS, CHASSIS,AND BUSES 4 1/29.18 co"'374 Request for Proposal — Arizona Department of Administration ■ na ■ Solicitation No. State Procurement Office N BPM000228 100 N 15th Ave.,Suite 402 -` ' a Description: Phoenix,AZ 85007 /91 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 1 Offer and Acceptance Form SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Medium and Heavy Duty Cabs,Chassis,and Buses in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below: Initial Offer! 1:1 to 1/28/18 1 �IUaI ���//��l//l //// 2. I NA 3. NA 4. NA Revised date#1 initial date#1 initial date#1 initIal Offers: 5. I NA 6. I NA 7. I NA date#4 initial ,f date#5 initial date Ire hrNlal Best and 8.1 11/28/18 Cr %�%/�/�/y�/��/ Final Offer: dale Initial �7G% r" / FREIGHTLINER OF ARIZONA,LLC, 111 Ni Offeror company name Signature of person authorized to sign Offer Mats 9899 WEST ROOSEVELT STREET x c Q V y -11...ow..i s .4 �1,y�1L Ste`.- Address Prided name and title TOLLESON,AZ 85353 CORY THOMPSON-TRUCK SALES City I State I ZIP Contact name and title 47-3036507 cthompson@)vvgtruck.com 623-907-9900 Federal tax identifier(EIN or SSN) Contact Email Address Contact phone number CERTIFICATION: By signature In the above,Offeror certifies that it: 1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246,(Arizona] State Executive Order 2009-9 or A.R.S.§§41-1461 through 1465: 2. has not given,offered to give,nor intends to give at any time hereafter any economic opportunity,future employment,gift,loan,gratuity, special discount,trip,favor,or service to a public servant in connection with the submitted offer.Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer.Signing the Offer with a false statement wit void the Offer, any resulting contract,and may be subject to legal penalties under law; 3. complies with A.R.S.§41-3532 when offering electronics or information technology products,services,or maintenance;and 4. is not debarred from,or otherwise prohibited from partidpating in any contract awarded by federal,state,or local government. ACCEPTANCE OF OFFER:State hereby accepts the Initial Offer,Revised Offer,or Best and Final Offer Identified by number 08 al the top of this form,and which was dated 11/28/18(the Accepted Offer).Offeror is now bound(as Contractor)to carry out the Work under the attached Contract,of which the Accepted Offer forms a part.Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from Procurement Officer. -------. _-- —__--- State's Contract No.is:CTR041810 The effective date of the Contract Is: 1/18/19 Contract awarded 1/14/19 Dale Date , th?.�se4zt- Nldt Perrera Procurement Officer signature Statewide Procurement Manager PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 14 of 40 Available online al : A P P . A Z , o o v (.7.014e, • Z. Douglas � Douglas A. Ducey 0 Craig Brown Governor �`�� Director ARIZONA DEPARTMENT OF ADMINISTRATION STATE PROCUREMENT OFFICE 100 NORTH FIFTEENTH AVENUE •SUITE 201 PHOENIX,ARIZONA 85007 (602)542-5511 (main) (602)542-5508(fax) http://spo.az.gov Sent via e-mail to: cthompsonvvtruck.com Re: Award of Contract No. CTR041810 Heavy Duty Cabs, Chassis, and Buses Dear Cory, Thank you for submitting a response to solicitation No. BPM000228. I am pleased to inform you that your company's offer has been selected for award. The initial contract term shall begin on 1/18/19. All offers received were evaluated in accordance with the evaluation criteria set forth in the solicitation document. The procurement file for this solicitation, including evaluation documents and resultant contracts, are now available for public viewing via the State's e-Procurement system, APP. If you have any questions regarding your company's contract, please contact me at nick.perrera(a azdoa.gov or 602.542.9128. Thank you for your response and for your continued interest in doing business with the State of Arizona. Sincerely, 7(i1-06- Nick Nick Perrera Statewide Procurement Manager LINKING AGREEMENT BETWEEN THE CITY OF GLENDALE,ARIZONA AND FREIGHTLINER OF ARIZONA, LLC EXHIBIT B Scope of Work PROJECT This project is for the purchase of heavy duty trucks and equipment for various city departments on an as-needed basis. 5 1/29.18 %a[.. „a. , Request for Proposal Arizona cepartmento&Admintstration r . ., State Procurement Office �. �- Solicitation No. Y ,;•. �, 100N 15th Ave S64e 402 BPM000228 Phoenix,AZ Bp?' ifi91 „ Medium and Heavy Duty Cabs, Chassis, and Buses Section 1: Solicitation Summary 1.0 What the State Is Soliciting Pursuant to A.R.S. 41-2501, The Arizona Department of Administration, State Procurement Office (The State) is seeking to establish statewide contract(s) for Medium and Heavy Duty Cab and Chassis necessary to support all State Agencies, Boards and Commissions and participating Cooperative Members (collectively hereinafter referred to as Eligible Agencies). The Special Terms and Conditions provide a more detailed definition of Eligible Agencies. A list of all State Agencies and Cooperative Members may be found on the State Procurement Office's Website. The State intends to award contracts to qualified vendors in accordance with the terms, conditions and provisions set forth herein. The awarded contract(s)shall replace existing contracts for Medium and Heavy Duty Cab and Chassis. The State desires to enter into a contract(s)with reliable and capable vendors who can; manage multiple agency accounts and delivery points located throughout the State, provide an effective ordering method for contract specific items, has sufficient statewide delivery capabilities, and offers a full, comprehensive line of Medium and Heavy Duty Cab and Chassis. This contract(s)will be used on an as needed basis; the State makes no guarantee as to actual spend under any resultant contract. OFFERORS SHOULD READ THE ENTIRE SOLICITATION CAREFULLY. 2.0 What's in the Solicitation Part 1 Section 1: Solicitation The State's e-Procurement System file#1:BPM000228 OPEN Summary FIRST Medium and Heavy Duty Cabs, Chassis, and Buses(Or as amended) Part 2 Section 2-A: Scope of The State's e-Procurement System file#2:BPM000228 RFP Work Medium and Heavy Duty Cabs, Chassis, and Buses(Or as Section 2-B: Pricing amended) Document Section 2-C: Special Terms and Conditions Section 2-D: Uniform Terms and Conditions Part 3 Section 3-A: Instructions The State's e-Procurement System file #3:8PM000228 Offer to Offerors Forms Medium and Heavy Duty Cabs, Chassis, and Buses(Oras amended) Section 3-B: Offer forms �tnes� `+-�sQQ^^•• Request for Proposal Arizona Department of Administration y Solicitation No. State Procurement Office _ N BPM000228 100 N 15th Ave.,Suite 402 o►d Phoenix,AZ 85007 1911 Medium and Heavy Duty Cabs, Chassis, and Buses 3.0 How and When Proposals Are Due Proposals will only be accepted online in the "The State's e-Procurement System" at https://app.az.gov until the solicitation end date indicated in The State's e- Procurement System for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office's possession online no later than that deadline. Submit technical inquiries about navigating and/or submitting proposals in the State's e- Procurement System to the State's e-Procurement System Help Desk: • by phone at (602) 542-7600, option2; or • by email to app a(�azdoa.gov LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The State's e-Procurement System. 4.0 Pre-Offer Conference The State will not conduct a Pre-Offer Conference for this Solicitation. 5.0 Inquiries Any question related to this Request for Proposal shall be submitted utilizing the State's "Discussions with Buyer" Tab in the e-procurement system. The Offeror shall not contact or ask questions of the department for which the requirement is being procured. End of Section 1 Request for Proposal Arizona Department of Solicitation No. Administration BPM000228 State Procurement Office 100 N 15th Ave.,Suite 402 Description: Medium and Heavy Duty Cabs,Chassis, and Buses Phoenix,AZ 85007 Part 2: Scope, Pricing and Terms and Conditions Table of Contents SECTION 2-A: Scope of Work 6 SECTION 2-B: Pricing Document 17 1.0 Compensation 17 2.0 Pricing 18 3.0 Funding 19 4.0 Invoicing 19 5.0 Payments 20 SECTION 2-C: Special Terms and Conditions 22 1.0 DEFINITION OF TERMS 22 1.1 Acceptance 22 1.2 Accepted Offer 22 1.3 Arizona Procurement Code; A.R.S.;A.A.0 22 1.4 Arizona TPT 22 1.5 Attachment 22 1.6 Pricing Document 22 1.7 Contract Amendment 22 1.8 Contract Terms 22 and Conditions 22 1.9 Contractor 22 1.10 Contractor Indemnitor 22 1.11 Co-Op Buyer 23 1.12 Eligible Agency 23 1.13 Indemnified Basic Claims 23 1.14 Instructions to Offerors 23 1.15 Order 23 1.16 The State's e-Procurement System 23 1.17 State 23 1.18 State Indemnitees 23 1.19 Subcontractor 23 1.20 Work 24 2.0 CONTRACT INTERPRETATION 24 2.1 Usage 24 2.2 Contract Order of Precedence 24 2.3 Independent Contractor 25 2.4 Complete Integration 25 3.0 CONTRACT ADMINISTRATION AND OPERATION 25 3.1 Term of Contract 25 3.2 Contract Extensions 25 PART 2 of the Solicitation Documents Table of Contents Template version 3.0(12-OCT-2018) Page 1 of 51 Available online at A_P____P _ A 2 __g_o v_._ , Request for Proposal Arizona Department of Administration • • , ' Solicitation No. State Procurement Office BPM000228 100 N 15th Ave.,Suite 402 V v Description: Phoenix,AZ 85007 '/s Medium and Heavy Duty Cabs, Chassis, and Buses 3.3 Notices and Correspondence 25 3.4 Signing of Contract Amendments 26 3.5 Click-Through Terms and Conditions 26 3.6 Books and Records 26 3.7 Contractor Licenses 26 3.8 Inspection and Testing 26 3.9 Ownership of Intellectual Property 27 3.10 Subcontracts 27 3.11 Offshore Performance of Certain Work Prohibited 28 3.12 Orders 28 3.13 Statewide Contract Provisions 28 3.14 Multiple-Use Provisions 30 3.15 Other Contractors 30 3.16 Work on State Premises 30 4.0 COSTS AND PAYMENTS 31 4.1 Payments 31 4.2 Applicable Taxes 31 5.0 CONTRACT CHANGES 31 5.1 Contract Amendments 31 5.2 Assignment and Delegation 31 6.0 RISK AND LIABILITY 32 6.1 Risk of Loss 32 6.2 Contractor Insurance 32 6.3 Indemnification 34 6.4 Patent and Copyright Indemnification 34 6.5 Force Majeure 35 6.6 Third Party Antitrust Violations 35 7.0 WARRANTIES 35 7.1 Conformity to Requirements 35 7.2 Contractor Personnel 36 7.3 Intellectual Property 36 7.4 Licenses and Permits 36 7.5 Operational Continuity 36 7.6 Performance in Public Health Emergency 36 7.7 Lobbying 36 7.8 Survival of Warranties 36 8.0 STATE'S CONTRACTUAL REMEDIES 37 9.0 CONTRACT TERMINATION 37 10.0....CONTRACT CLAIMS 37 10.1 Claim Resolution 37 10.2 Mandatory Arbitration 37 11.0....GENERAL PROVISIONS FOR MATERIALS 37 11.1 Applicability 37 11.2 Off-Contract 37 PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 2 of 51 Available online a t : AP P . A Z _ g_-o v Request for Proposal Arizona Department of Administration 7.4 • • , rj Solicitation No. State Procurement Office Rte_ B P M000228 100N 15th Ave.,Suite 402 ctAtili.rtt6irDescription: Phoenix,AZ 85007 Medium and Heavy Duty Cabs, Chassis,and Buses Materials 37 11.3 Compensation for 37 Late Deliveries 37 11.4 Indicate Shipping 37 Costs on Order 37 11.5 Current Products 37 11.6 Maintain 37 Comprehensive 37 Selection 37 11.7 Additional 37 Products 37 11.8 Discontinued 38 Products 38 11.9 Forced 38 Substitutes 38 11.10 Recalls 38 11.11 Delivery 38 11.12 Delivery Time 38 11.13 Delivery Locations 38 11.14 Conditions at 39 Delivery Location 39 11.15 Materials 39 Acceptance 39 11.16 Correcting Defects 39 11.17 Returns 40 11.18 Order Cancellation 40 11.19 Product Safety 40 11.20 Hazardous 40 Materials 40 12.0....GENERAL PROVISIONS FOR SERVICES 41 12.1 Applicability 41 12.2 Comprehensive Services Offering 41 12.3 Additional Services 41 12.4 Off-Contract Services 41 12.5 Removal of Personnel 41 12.6 Transitions 41 12.7 Accuracy of Work 41 12.8 Requirements at Services Location 41 12.9 Services Acceptance 42 12.10 Corrective Action Required 42 13.0....DATA AND INFORMATION HANDLING 42 13.1 Applicability 42 13.2 Data Protection and Confidentiality of Information 42 13.3 Personally Identifiable Information 43 13.4 Protected Health Information 43 SECTION 2-D: Uniform Terms and Conditions 44 PART 2 of the Solicitation Documents SECTION 2-A: Scope of Work Template version 3.0(12-OCT-2018) Page 3 of 51 Available online a t : AP P . A Z_ go v_ Itte� Request for Proposal Arizona Department of Administration W:75Ili , Solicitation No. State Procurement Office A .1 BP M000228 100 N 15th Ave.,Suite 402 �dJ -4.05"? Description: Phoenix,AZ 85007 *'912 « Medium and Heavy Duty Cabs, Chassis, and Buses 1.0 DEFINITION OF TERMS 44 1.1 Attachment 44 1.2 Contract 44 1.3 Contract Amendment 44 1.4 Contractor 44 1.5 Days 44 1.6 Exhibit 44 1.7 Gratuity 44 1.8 Materials 44 1.9 Procurement Officer 44 1.10 Services 44 1.11 State 44 1.12 State Fiscal Year 44 1.13 Subcontract 44 2.0 CONTRACT INTERPRETATION 44 2.1 Arizona Law 44 2.2 Implied Terms 45 2.3 Contract Order of Precedence 45 2.4 Relationship of 45 Parties45 2.5 Severability 45 2.6 No Parole Evidence 45 2.7 No Waiver 45 3.0 CONTRACT ADMINISTRATION AND OPERATION 45 3.1 Records 45 3.2 Non-Discrimination 45 3.3 Audit 45 3.4 Facilities Inspection 45 and Materials Testing 45 3.5 Notices 45 3.6 Advertising,Publishing and Promotion of Contract 46 3.7 Property of the State 46 3.8 Ownership of Intellectual Property 46 3.9 Federal Immigration and Nationality Act 46 3.10 E-Verify Requirements 46 3.11 Offshore Performance of Work Prohibited. 46 4.0 COSTS AND PAYMENTS 46 4.1 Payments 46 4.2 Delivery 46 4.3 Applicable Taxes 46 4.4 Availability of Funds for the Next State fiscal year 47 4.5 Availability of Funds for the current State fiscal year 47 5.0 CONTRACT CHANGES 47 5.1 Amendments 47 5.2 Subcontracts 47 5.3 Assignment and Delegation 47 PART 2 of the Solicitation Documents SECTION 2-A: Scope of Work Template version 3.0(12-OCT-2018) Page 4 of 51 Available online a t : A P P A Z __g o_ v oiVE�r Request for Proposal �,_f Arizona Department of Administration y wzi.4 Solicitation No. State Procurement Office ' •:,,�.]]�,�� BPM000228 100 N 15th Ave.,Suite 402 d, -V'' 1 Description: Phoenix,AZ 85007 *191 Ai Medium and Heavy Duty Cabs, Chassis, and Buses 6.0 RISK AND LIABILITY 47 6.1 Risk of Loss 47 6.2 Indemnification 47 6.3 Indemnification—Patent and Copyright 48 6.4 Force Majeure 48 6.5 Third Party Antitrust Violations 48 7.0 WARRANTIES 48 7.1 Liens 48 7.2 Quality 48 7.3 Fitness 49 7.4 Inspection/Testing 49 7.5 Compliance with Laws 49 7.6 Survival of Rights and Obligations after Contract Expiration or Termination 49 8.0 STATE'S CONTRACTUAL REMEDIES 49 8.1 Right to Assurance 49 8.2 Stop Work Order 49 8.3 Non-exclusive Remedies 49 8.4 Nonconforming Tender 49 8.5 Right of Offset 50 9.0 CONTRACT TERMINATION 50 9.1 Cancellation for Conflict of Interests 50 9.2 Gratuities 50 9.3 Suspension or Debarment 50 9.4 Termination for Convenience 50 9.5 Termination for Default 50 9.6 Continuation of Performance Through Termination 50 10.0....CONTRACT CLAIMS 51 10.1 Contract Claims 51 11.0....ARBITRATION 51 11.1 Arbitration 51 12.0....COMMENTS WELCOME 51 12.1 Comments Welcome 51 PART 2 of the Solicitation Documents SECTION 2-A: Scope of Work Template version 3.0(12-OCT-2018) Page 5 of 51 Available online a t : A P P . A Z ._g_o, v Request for Proposal Arizona Department of Administration J Solicitation No. a �. '' State Procurement Office BP M000228 100 N 15th Ave.,Suite 402 ‘.4101-0": Description: Phoenix,AZ 85007 Medium and Heavy Duty Cabs,Chassis,and Buses SECTION 2-A: Scope of Work DESCRIPTION: The State of Arizona invites sealed proposals from qualified firms to provide Medium and Heavy Duty Cab and Chassis for Statewide and Eligible Agencies as specified below. DUE DATE AND TIME: Offers shall be received until 3:00 p.m. Arizona MST, 11/28/18. Additional information regarding submittal instructions is located within this document in the following sections: Special Instructions to Offerors and Uniform Instructions to Offerors. Start of Scope Requirements which must be met by vendors to be considered for this award include but are not limited to the following: 1. GENERAL CONDITIONS AND REQUIREMENTS 1.1. All chassis shall be manufacturer's current models in production throughout the term of this contract and shall be services completed by the Contractor before delivery and ready in all respects for use. 1.2. All chassis bid and furnished shall meet requirements of applicable Arizona Motor Vehicle laws and all other Federal Motor Vehicle laws(including the Federal Bridge Formula), whether or not such requirements are specified in detail. 1.3. The Contractor shall supply a quote sheet within seven(7)calendar days after receiving request from the eligible agency. See Exhibit 1 for quote sheet example.The quotation shall include but not be limited to the following information: State contract number,vehicle availability and delivery lead-time,Vehicle Identification Number(VIN),dealer stock number,vehicle base bid price,itemized options(including line item cost),applicable tax, delivery cost,total price,and point of contact.For vehicles requiring upfit/modifications,all applicable cost shall be included in quotation or as a separate quotation. 1.4. Within fourteen(14)calendar days after receipt of a purchase order,Contractor shall provide the eligible agency copies of the manufacturer's factory order numbers,to confirm vehicles have been ordered.If confirmation of manufacturer's factory order numbers is not received with in this timeframe the eligible agency has the option to cancel the order and purchase from another source.The eligible agency may charge the extra cost of procuring the vehicles to the original vendor.This shall be considered a mandatory requirement. Failure to provide this document for each vehicle ordered may be cause for determination of default of contract. 2. CHASSIS MODELS The Contractor is encouraged to provide a full line of new Medium and Heavy Duty Cab& Chassis.Contractors shall submit a vehicle specification sheet for each cab&chassis offered, please see Attachment V,Price and Specification Spreadsheet. Eligible Agencies throughout PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 6 of 51 Available online at Request for Proposal ArImna Department ofAdminl tratIon `TSolicitation No. StateRrocurementOffice v : r-° BP looNutnAve Suite 402 1`4' Description: ancemsAzesooi• . •nig ` Medium and Heavy Duty Cabs,Chassis, and Buses • the State will have varying needs.Contractors shall provide a full line of manufactured new vehicles and all subsequent variants of each vehicle;including but not limited to,models and manufacturer options to meet the needs of an eligible agency. 3. CHASSIS UPFIT/MODIFICATION The Eligible Agency may request the awarded Contractor(s)to upfit/modify any cab and chassis for specific organizational needs.For example,a chassis may require a specialized body(i.e.:dump body,landscape body,etc.).Other cab and chassis may require interior and/or exterior modifications per the Eligible Agency's request.The Eligible Agency shall supply all upfit/modification requests to the Contractor.The Contractor shall identify any conditions that apply to the upfit/modification on a quotation to the Eligible Agency for review and acceptance before any work commences. 4. WARRANTY 4.1. At a minimum,all equipment supplies under these specifications shall be fully warranted by the vehicle manufacturer against mechanical and electrical defects for a minimum of the manufacturer's warranty from the date of acceptance.This warranty shall cover such items as actual repair labor,parts,and shipping charges to and from the nearest service facility or other designated repair depot.Any defects of design,workmanship or material,shall be fully corrected by the vendor without cost to the eligible agency.The written warranty shall be included with the delivered vehicles to the eligible agency.The warranty terms shall be stated on Attachment II,where indicated. 4.2. Contractors are encouraged to provide the State additional warranty packages that exceed the minimum requirements.Additional warranty information shall be included on Attachment H. 5. CAB AND CHASSIS EQUIPMENTREQUIREMENTS 5.1. Decals—Decals or markings of any type pertaining to advertisement other than those installed by the manufacturer such as name and model shall not be attached to any vehicle. 5.2. Fluid Requirements—Contractor shall be responsible for notifying the eligible agency of special fluid requirements that are necessary to maintain standard and extended warranties and service agreements i.e.transmission fluid,anti-freeze,oils and lubricants that must be Original Equipment Manufacturer(OEM)only. 5.3. Service Requirements—All vehicles shall be completely assembled,serviced,adjusted and all equipment including standard and optional equipment shall be installed and the units made ready for continuous operation. Servicing requirements shall include,but not limited to,the following: • Complete lubrication • Checking of all fluid levels to insure that they are filled to the manufacturer's recommended capacity • Full tank(s)of fuel and DEF(diesel exhaust fluid)if required,less delivery fuel and DEE • Engine adjustment to proper operationcondition • Tire inflation to correct pressure • Checking of all mechanical and electrical operations • Checking for any appearance defects • Cleaning,removal of all unnecessary tags and stickers,washing if necessary 5.4. Special Paint Requirement—Eligible agencies may require special paint for some vehicles, i.e.,special highway yellow and special eligible agency fleet colors.An increase of no more PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 7 of 51 Available online a t : A P P . A Z . g o v Request for Proposal A Ira• m;� Qa ono Department of AdmInistraticnn �^a -Ji Solicitation No. S t State Procurement Office BPM000228 si ye c mop 100 N 15th Ave Suite'402 * i i Description: iMbenlp AZ 85007 , /9 Medium and Heavy Duty Cabs, Chassis,and Buses i'• than thirty(30)days over the required delivery time shall be allowed for this requirement. Contractors shall indicate on Attachment I if there are any quantity requirements or an additional cost for specialty fleet colors.If no information is entered on Attachment I,it will be understood that there is no quantity requirement or additional cost. 5.5. Special Title Requirement—There may be a requirement for the title on some vehicles • purchased to be titled to other than the ordering eligible agency.The State has programs that require equipment purchased from special funds be returned to the State's communities. These purchases will be made for authorized political subdivisions. 5.6. Tires—Any spare tire supplied,optional or standard,shall match the OEM tires and wheels contained on the vehicle.Spare tires shall be full size tire and wheel identical to factory OEM. 5.7. Vehicle Equipment Requirements—All base vehicles offered shall,at a minimum,include the following; • All standard factoryequipment • Automatic transmission • Cruise Control • Four(4)keys and two(2)keyless entry remotes(if applicable),per vehicle • Air conditioning • Basic radio with Bluetooth capability for cell phone connection • Cloth seats • Rear view minors on driver and passengerdoors • Standard factory tint glass,ifavailable 6. TRAINING MATERIALS AND DIAGNOSTIC TOOLS 6.1. Training shall be provided by the Contractor for equipment supplied upon request from the eligible agency.Training shall be available for maintenance of engine and other mechanical and electrical functions.Training shall be categorized by Operator Training and Service(or Repair)Training and shall be provided according to the description provided in Attachment I. 6.2. Shop Manuals—Shop manuals shall be provided by electronic,web based and/or hard copy to a requesting eligible agency.If hard copy is available,any costs and ordering mechanisms, such as order forms,shall be indicated on Attachment I. 6.3. Diagnostic Tools/Subscriptions—The Contractor shall provide a diagnostic scan tool(s), laptop program,and/or yearly subscription for any vehicles offered under this contract for which such device is available,upon request of an Eligible Agency.Cost of initial and any additional diagnostic equipment,yearly subscriptions or programs shall be provided in Attachment I. 7. MANUFACTURER'S CERTIFICATION 7.1. The Contractor shall submit proof of Manufacturer certification in response to the qualifications questions located in Section 3 Attachment 2-A,stating that the Contractor is the Manufacturer or a Certified Representative of the Manufacturer,for each Manufacturer they represent under a resultant contract.The Manufacturer's Certification must be executed by the Manufacturer(s)only,and may not be completed by the Contractor.Dealer agreements shall not be accepted in lieu of a Manufacturer's Certification. 8. CURRENT MODELS 8.1. All vehicles shall be the manufacturer's current models in production at the time of delivery. PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 8 of 51 Available online at : A P P . A Z . g o v Request for Proposal ,p7 .,;�-„rte $, a Arizona Department ofAdmmistration - {c U: Solicitation No. StateProcurementbffice BPM000228 t00N15th Ave Stnteg02 Description: rhoemXAz85ooi,;. • ' i 1911 Medium and Heavy Duty Cabs, Chassis, and Buses All vehicles shall be new,unused,equivalent in style and quality to those offered to the general public and meet or exceed all specifications and requirements set forthin this solicitation. 9. DEALERSHIP,PARTICIPATING SERVICE AND DELIVERY LOCATIONS 9.1. The Contractor may submit,at any time during the contract period,new dealership, participating service and delivery locations that will be used as subcontractofs for both product deliveries and drive in service centers under the contract.Requests are to be submitted electronically and shall contain: 9.2. The dealer or outlet name 9.3. Location(physical address) 9.4. Telephone/fax numbers and email information 9.5. Key personnel at that location 9.6. Approval shall be in the form of a bilateral change order in the State's e-Procurement system, and shall become effective on the date the change order is the 'Sent'status. 10. DELIVERY(MINIMUM) 10.1. Delivery location shall be identified on the issuing eligible agency purchase order.Deliveries shall be made within 120 days of receipt of purchase orders,unless factory delays make this impossible.Dealer shall notify the eligible agency of such delays along with revised delivery estimate from factory immediately after it becomes known.If manufacturer has a website available to check order status,this information will be shown in space provided on the pricing document. 10.2.All deliveries shall be made Monday through Friday from 8:00 A.M.to 2:00 P.M.,unless a time has been agreed upon between the Contractor and eligible agency.The Contractor shall be required to give the ordering eligible agency a minimum of 24 hour notification prior to delivery with the anticipated time of delivery and number of units to be delivered. 10.3.All vehicles shall be delivered with four(4)keys and if applicable two(2)keyless entry remotes and a full tank(s)of fuel,less delivery. 10.4. The following documents shall be provided upon delivery of the vehicles(s): 10.5.M.S.O. (Manufacturer Statement of Origin)that includes the odometer statement 10.6.Warranty Document 10.7.Manufacturers unaltered invoice 10.8.The retail price label must be affixed to the window of all vehicles delivered 10.9.Delayed warranty/in-service start request form(if requested by ordering entity) 11. EQUIPMENT INSPECTION 11.1.Contractor shall retain title and control of all goods until they are delivered,inspected and accepted.All risk of transportation and related charges shall be the responsibility of the Contractor.The Contractor shall file all claims for visible and concealed damage.The State shall notify the Contractor promptly of any damaged goods and shall assist the Contractor in arranging for inspection. PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 9 of 51 Available online a t : A P P . A Z . g o v Request for Proposal 4' Arizona0epa sent oFAdrruiil5traVan-- f Solicitation No. State ProcurementOFBce i vJ_i BPM000228 100N15thAve Sute40r 4Ve Description: Phaenix,AZ 85007 ' ' Medium and Heavy Duty Cabs, Chassis, and Buses - 11.2. Each vehicle delivered shall be subject to a complete inspection by the eligible agency prior to acceptance.Inspection criteria shall include,but not be limited to,conformity to the specifications, mechanical integrity,quality,workmanship and materials.Thirty(30)calendar days shall be allowed for this process.If delivered equipment is returned to the Contractor prior to acceptance for any reason,additional periods of thirty(30)calendar days shall be allowed for inspection when subsequent deliveries occur. All corrections shall be made within seven(7)calendar days of reported deficiency. All corrections shall be made without any inconvenience to the State. 12. IN-SERVICE NOTIFICATION 12.1.Vehicles not placed in service immediately upon receipt shall be warranted from the date the vehicle is placed in service.The eligible agency shall notify the Contractor in writing of the actual in-service date,on forms to be provided for such purpose upon request by the eligible agency. 13. OPTIONAL EQUIPMENT 13.1.All optional equipment and accessories shall be original equipment from the manufacturer and installed at the factory unless otherwise specified. 14. RECALL NOTICES 14.1.In the event of any recall notice,technical service bulletin,or other important notification affecting a vehicle purchased from any resultant contract,a notice shall be sent to the eligible agency listed on each applicable purchase order.Each notice shall reference the affected purchase order and vehicle identification number.The contractor shall provide and retrofit at no cost to the State all vehicles purchased under this contract with vehicle safety enhancements as a result of the recall. 15. VEHICLE DOCUMENTATION 15.1.The Contractor shall include in each vehicle an owner,operator and maintenance manual. This shall include all standard manufacturer literature normally furnished with the purchase of a new vehicle at the time of delivery. 16. FEDERAL TERMS THE FOLLOWING SPECIAL TERMS AND CONDITIONS SHALL APPLY TO PURCHASES OF ANY VEHICLES PROCURED WITH FEDERAL FUNDS 16.1. BUS TESTING The Contractor(Manufacturer)agrees to comply with 49 U.S.C. §5323(C) and FTA`s implementing regulation at 49CFR Part 665 and shall perform the following: 'Manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which shall be prior to the recipient's final acceptance of the first vehicle. •A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. •If the manufacturer represents that the vehicle was previously tested,the vehicle being sold should have the identical configuration and major components as the vehicle in the test report,which must be provided to the recipient prior to the recipient's final acceptance of the first vehicle.If the configuration or components are not identical,the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12.00T-2018) Page 10 of Si Available online at : A P P . A Z . go v Request for Proposal �_ .. A"looeOepartrnentcf(Fdfl nistratian '- ATrs• Solicitation`�+ BP State PraurementOffice �; 100N 15th Ave:Suite 402 % re Description: r6a_enixAzesoo�' *rst * Medium and Heavy Duty Cabs, Chassis, and Buses •If the manufacturer represents that the vehicle is"grandfathered"(has been used in mass transit service in the United States before October 1, 1988,and is currently being produced without a major change in configuration or components),the manufacturer shall provide the name and address of the recipient of such vehicle and the details of that vehicle's configuration and major components. 16.2. BUY AMERICA •The Contractor agrees to comply with 49 U.S.C.5323 (j)and 49 CFR Part 661,which provide that federal funds may not be obligated unless steel, iron,and manufactured products used in FTA-funded projects are produced in the United States,unless a waiver has been granted by FTA or the product is subject to a general waiver.General waivers are listed in 49 CFR 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment,software,and small purchases(currently less than$100,000) made with capital,operating,or planning funds. Separate requirements for rolling stock are set out at 5323(j)(2)(C)and 49 CFR 661.11.Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. 'an Offeror may be required to submit an appropriate Buy America certification if federal funds are utilized to procure products and/or services under the contract. 16.3. CARGO PREFEREENCE REQUIREMENTS The Contractor agrees: •To use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage(computed separately for dry bulk carriers,dry cargo liners,and tankers)involved,whenever shipping any equipment,material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. •To furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of leading for shipments originating outside the United States,a legible copy of a rated,"on-board"commercial ocean bill-of-lading in English for each shipment of cargo described in the Preceding Paragraph to the Division of National Cargo,Office of Market Development,Maritime Administration,Washington,DC 20590 and to the ETA recipient(through the contractor in the case of a subcontractor's bill-of-lading.) •To include these requirements in all subcontracts issued Pursuant to this contract when the subcontract may involve the transport of equipment,material,or commodities by ocean vessel. 16.4. CIVIL RIGHTS •The Contractor is required to comply with Executive Order 99-4"Non-Discrimination in Employment by Government Contractors and Subcontractors,"which is hereby included in its entirety by reference and considered a part of this Contract. •The Contractor is required to comply with Title VI of the Civil Rights Act of 1964,as amended.Accordingly,Title 49, Code of Federal Regulations,Part 21 through Appendix H and Title 23 CFR PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 11 of 51 Available online at : A P P . A Z . g o v Request for Proposal =' , Arizona Department o'Adminlstratroti it�: Solicitation No. { State Procurement.Uffice it= BPM000228 taDN rstnAre'wne 402 n 'b 'k)" Description: ; Phoenb AZ 85007; "t9r " Medium and Heavy Duty Cabs,Chassis,and Buses 43. f • ett✓. _'M .. _ *710.405(b)are made applicable by reference and are hereinafter considered part of this Contract. *The Contractor is required to comply with the provisions of Executive Order 11246,entitled "Equal Employment Opportunity,"as amended by Executive Order 11375,and as supplemented in Department of Labor Regulations(41 CFR Part 60).Said provisions are made applicable by reference and are hereinafter considered a part of this Contract. 16.5. CLEAN AIR The Contractor agrees to: +Comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §—7401-et.seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will,in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. *Include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. 16.6. CLEAN WATER 'The Contractor agrees to: *Comply with all applicable standards,orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C. 1251 et—g. *To report each violation to the Purchaser and understands and agrees that the Purchaser shall, In turn,report each violation as required to assure notification to the FTA and the appropriate EPA Regional Office. *To include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. 16.7. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT *Overtime Requirements:No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 'Violation;liability for unpaid wages;liquidated damages: In the event of any violation of the clause set forth in paragraph(a)of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph(a)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(a)of this section. PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-201$) Page 12 of 51 Available online at : A P P . A Z . g o v trim. Request for Proposal � Arizona Department of Administration • torrioc'•8i Solicitation No. `a.• State Procurement Office i •:*►.'?: BPM000228 . • - iooNisthAve,sinie402.: ' Description: ti, "-'. Phoenl;AZ85007/ 're 2 Medium and Heavy Duty Cabs,Chassis, and Buses ' 'Withholding for unpaid wages and liquidated damages:The grantee or recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)of this section. •Subcontractors:The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 'Payrolls and basic records:Relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949,in the construction or development of the project). Such records shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or cost anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29CFR 5.5(a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any cost reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. 16.8. ENERGY CONSERVATION •The contractor agrees to comply with 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. 16.9.FEDERAL CHANGES 'Contractor shall at all times comply with all applicable FTA regulations,policies,procedures and directives,including without limitation those listed directly or by reference in the Agreement(Form FTA MA(2)dated October, 1995)between Purchaser and FTA,as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 16.10. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(F I A)TERMS PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 13 of 51 Available online a t : A P P . A Z . g o v o—al Request for Proposal Arlione tlepartrielROr AdMnlstrauon • y� g Solicitation No. State Procurement Office BPM000228 100 N 15th Ave Suite 402 ,. Description: Phoenix AZ85067:. •r. • Medium and Heavy Duty Cabs, Chassis, and Buses *The preceding provisions include,in part,certain Standard Terms and Conditions required by DOT,whether or not expressly set forth in the preceding contract provisions.All contractual provisions required by DOT,as set forth in FTA Circular 4220.1 C,dated May 1, 1995,are hereby incorporated by reference.Anything,to the contrary herein notwithstanding,all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement.The Contractor shall not perform any act,fail to perform any act,or refuse to comply with any(name of grantee) requests,which would cause(name of grantee)to be in violation of the FTA terms and conditions. 16.11. LOBBYING RESTRICTIONS 'Contractors who apply or bid for an award of$100,000.00 or more shall file the certification required(ATTACHMENT ASSIGN NUMBER)by 49CFR part 20,"New Restrictions of Lobbying".Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352.Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contracts on its behalf with non-Federal funds with respect to the Federal contract,grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. 16.12. NO GOVERNMENT OBLIGATION TO THIRD PARTIES •The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,Contractor,or any other party(whether or not a party to that • contract)pertaining to any matter resulting from the underlying contract. •The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA.It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. 16.13. PRE-AWARD AND POST-DELIVERY AUDIT REQUIREMENTS •The contractor agrees to comply with 49 U.S.C. § 5323 (1)and ETA's implementing regulation at 49 •C.F.R.Part 663 and to submit the following certifications: •Buy America Requirements:The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America.If the offeror certifies compliance with Buy America,it shall submit documentation,which lists: •Component and sub-component parts of the rolling stock to be purchased identified by manufacturer of the parts,their country of origin and costs. •The location of the final assembly point for the rolling stock,including a description of the activities that will take place at the final assembly point and the cost of final assembly. PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 14 of 51 Available online a t : A P P . A Z . g o v :� Request for Proposal Mlmna ee6Oment of Pdminhtrxuon •�•�• Solicitation No. � b State Procurement;Office �S BPM000228 rw Nisth Ave.,Smte4O? Description: Phcenix,Azi0o7" ,. 'rsu ` Medium and Heavy Duty Cabs, Chassis, and Buses • 'Solicitation Specification Requirements:The contractor shall submit evidence that it will be capable of meeting the bid specifications. 'Federal Motor Vehicle Safety Standards(FMVSS):The Contractor shall submit: •Manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or; 'Manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. 16.14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENT OR RELATED ACTS •The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 U.S.C. §—3801 et seq.And U.S.DOT regulations,"Program Fraud Civil Remedies,"49 •C.F.R.Part 31, apply to its actions pertaining to this project.Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed.In addition to other penalties that may be applicable,the Contractor further acknowledges that if it makes,or causes to be made, a false,fictitious,or fraudulent claim,statement,submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government deems appropriate, •The Contractor also acknowledges that if it makes,or causes to be made,a false,fictitious,or fraudulent claim,statement,submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under authority of 49 U.S.C.—5307,the Government reserves the right to impose the penalties of 18 "U.S.C. § 1001 and 49 U.S.C. §5307(n)(1)on the Contractor,to the extent the Federal Government deems appropriate. •The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA.It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. 16.15. PRIVACY ACT •The Contractor agrees to comply with,and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5U.S.C. §552a.Among other things,the contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government.The Contractor understands that the requirements of the Privacy Act,including the civil and criminal penalties for violation of that Act,apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. •The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 15 of 51 Available online a t : A P P . A Z . g o v o �a Request for Proposal v y Anzonat)epaKmentofMmintstranon Solicitation No. State ProctirementOffce ~ , +?+ BPM000Z28 1eoN1sti Ave sua aoz Description: r Phoenlx,Azds007' I 1 ' Medium and Heavy Duty Cabs,Chassis,and Buses with Federal assistance provided by FTA. 16.I6. STATE AND LOCAL LAW DISCLAIMER *The use of many of the suggested clauses are not governed by Federal Law,but are significantly affected by State Law.The language of the suggested clauses may need to be modified depending on state law,and that before the suggested clauses are used in the grantees procurement documents,the grantees should consult with their local attorney. End of Section 2-A PART 2 of the Solicitation Documents SECTION 2-A:Scope of Work Template version 3.0(12-OCT-2018) Page 16 of S1 Available online at : A P P . A Z , g o v pfst, Request for Proposal Arizona Department of Administration Solicitation No. State Procurement Office 'M A BPM000228 100N 15th Ave.,Suite 402 41 Description: Phoenix,AZ85007 " 1911 Medium and Heavy Duty Cabs, Chassis, and Buses SECTION 2-B: Pricing Document 1.0 Compensation 1.1 Contractor will be compensated for the satisfactorily carrying out its obligations under the Contract by the method indicated by the"0"mark below: • DISCOUNT OFF LIST OR CATALOG 1.2 DISCOUNT OFF LIST OR CATALOG.A discount off list or catalog means a percentage discount to be applied to a base price for from one or more contractually-established price lists against published catalogs.The applicable discounts are scheduled the pricing document. 1.2.1 Unless specified otherwise in the Pricing Document, base price is the price that is most widely offered to general customers at the time of the Order. 1.2.2 The catalogs used to establish base price are specified otherwise in the Pricing Document.If nothing is so specified,then the commercially available catalogs published by Contractor or Subcontractor to a dealer or reseller network for the covered materials or services are to be used. 1.2.3 Each catalog must: (a) bear the applicable State contract number; (b) list all materials or services Contractor is authorized to sell under the Contract; (c) not contain any items that are excluded from the Contract; (d) provide ordering information and contact information for customer support. 1.2.4 Each catalog and its accompanying price list must include for each item: (a) a part or model number,if applicable; (b) a complete and accurate description of the item; (c) the manufacturer's suggested retail price(MSRP)or Contractor's list price; (d) a stock keeping unit(SKU)number(SKU),if applicable; (e) the item's unit of measure(UOM),if applicable;and (f) the quantity in the unit of measure(QUOM),if applicable. 1.2.5 Contractor shall provide and maintain concurrent and identical electronic and hardcopy versions of all contracted price lists and catalogs. (a) The electronic versions are to be provided as they are available. i. State,at its discretion, may host Contractor's electronic price lists and catalogs directly, or may link through the e-procurement system as a punch-out. ii. Regardless of the number and types of links to Contractor's electronic price lists and catalogs,Contractor shall ensure that all Eligible Agencies and Co-Op Buyers are only able to access one unified set of data. 1.3 Contractor shall supply sufficient,current hardcopy catalogs and price lists price lists to applicable Eligible Agencies at Contract commencement,and provide prompt hardcopy notice of any changes to list/catalog holders as they occur.Contractor shall not change State or any Eligible Agency(or any Co-Op Buyer,if applicable)for lists/catalogs or updates. PART 2 of the Solicitation Documents SECTION 2-B: Pricing Document Template version 3.0(12-OCT-2018) Page 17 of 51 Available online at : A P P A Z . go__v Request for Proposal v Aruona Department of Mininiiiiaticrn, r urs Solicitation No. Fr State ProcurementOffice rt 1'Jll — BPM000228 £ toatilsthAve suae.402 s *0' '' • .Description: •` Phoenix,AZ 85007 * rSU Medium and Heavy Duty Cabs,Chassis,and Buses 2.0 Pricing 2.1 CONTRACTOR'S BEST PRICING.Supplier warrants that,for the term of the Contract,the prices and discounts set out in Attachment 4 Pricing,including any subsequent agreed amendment to.it(the"Contract Pricing"),will be equal to or better than the lowest prices and largest discounts,both separately and in combination,at which Contractor sells equivalent items of equipment and materials. 2.1.1 That price-plus-discount equivalence("Contractor's Best Pricing")is intended to be irrespective of whether or not those other sales have special purchase terms,conditions,rebates or allowances. 2.1.2 If Contractor's Best Pricing for equivalent items of equipment and materials is better than the Contract Pricing,then Contractor agrees to adjust the Contract Pricing to match the Contractor's Best Pricing for all sales related to the Contractor made after the date when the Contractor's Best Pricing was first better than the Contract Pricing. 2.1.3 For clarification of intent,that date is Intended to be the date when the difference first occurred, which might have been before the difference was first identified.If it was before,then Supplier agrees to charge at less than the Contract Pricing until the extended difference that would have been realized (i.e.,if the Contractor's Best Pricing had been applied when it should have been)has been settled. 2.2 For the purpose of this contract,"MSRP"shall be defined as an acronym for the Manufacturer's Suggested Retail Price.It represents the Manufacturer's recommended retail selling Price,list Price,published Price,or other usual and customary Price that would be paid by the purchaser for specific commodities and contractual services.It must be available and verifiable by the State. 2.3 Medium and Heavy Duty Cab and Chassis and Available Options.All pricing shall be a percentage off MSRP. Pricing shall include the following:all profit,administrative charges,Dealer preparation charges,environmental fees,title application and registration fees,plate transfer fees,handling charges,shipping charges,and any other charges or fees necessary to deliver the base vehicle according to the specification,exclusive of taxes. Shipping charges shall be defined as the delivery cost for each vehicle within the county in which the Contractor is located. 2.4 Delivery.Delivery costs for each county outside the county in which the dealer is located shall be indicated on Attachment 4 Pricing.There shall be no delivery charges for vehicles delivered within the county in which the Contractor is located. 2.5 Supplemental Pricing—Ail inclusive.Pricing is all-inclusive,including any ancillary fees and costs required to accomplish the Statement of Work and all aspects of the Contractor's offer as accepted by the State.Details of service not explicitly stated in the Statement of Work or in the Contractors Offer,but necessarily a part of,are deemed to be understood by the Contractor and included herein.All administrative,reporting or other requirements,all overhead costs and profit and any other costs towards the accomplishment of the requirements in this Contract are Included In the pricing provided. 2.6 Pricing for any additional products or services shall be in accordance with the Information provided in Attachment 4-Pricing, 2.7 Price Reductions and Soles Promotions.Contractor may reduce its contracted price at anytime,and will provide documentation listing the original State contract price and the new reduced or promotional price. Promotions or reductions to sell existing inventory/stock and to include special manufacturer assistance are allowable. 2.8 NO ADJUSTMENT.All prices and rates in the e-Procurement system or Orders if and to the extent they differ from those in the exhibit,will be valid for the entire term of the Contract,and will not be subject to revision for PART 2 of the Solicitation Documents SECTION 2-8:Pricing Document Template version 3.0(12-OCT-2018) Page 18 of 51 Available online at : A P P . A Z . g o v oRequest for Proposal .12 4q Arizona Department of Administration' �, '.y e Solicitation No. State Procurement Office BPM000228 4015th Ave Suite 402 v� :.yam<<` �i Description: ,--• ,;ehoemx,Az85oo7_ *19l2 ' Medium and Heavy Duty Cabs, Chassis,and Buses inflation or any changes to wages,taxes or other costs that Contractor may be obliged to incur that may be higher than those which it contemplated when proposing the relevant price or rate. 3.0 Funding No particular funding considerations apart from paragraph 4.3 of the Uniform Terms and Conditions[Availability of Funds]have been identified as of the Solicitation date. 4.0 Invoicing 4.1 INVOICES GO TO BUYING ENTITY.Contractor shall submit all billing notices or invoices to the ordering Eligible Entity/Customer(e.g.Eligible Agency or Co-Op Buyer)at the address indicated on the applicable Order document or by utilizing the Buying Entity's purchasing tool/process. 4.2 MINIMUM INVOICE REQUIREMENTS.Every invoice must include the following information: Item ; Required Bill-to name and address • Contractor name and contact Information • Remit-to address • State contract number • Order number(typically the The State's e-Procurement System PO#) • Invoice number and date • Date the Items shipped or services performed • Applicable payment terms • Contract line item number • Contract line item description • Quantity delivered or performed • Line item unit of measure • Item price • Extended pricing • • Discount off list or catalog • Taxes(as a separate invoice line item) • Upcharge shipping/freight,etc.(as a separate invoice line item) Materials only Total Invoice amount due • 4.3 NO INVOICE WITHOUT AUTHORIZATION.Contractor shall not seek payment for any: 1. Materials or Services that have not been authorized on an acknowledged Order; 2. Expediting,overtime,premiums,or upcharges absent State's express prior approval;or PART 2 of the Solicitation Documents SECTION 2-B: Pricing Document Template version 3.0(12-OCT-2018) Page 19 of 51 Available online a t : A P P . A Z . g o v Request for Proposal . Arizona Department of Admip$trat on etf■� -a k� I � Solicitation No. State Procurement Office BPM000228 worJtsmAve suteao2 Description: Phoenix Azasooi. *19 ' Medium and Heavy Duty Cabs,Chassis,and Buses 3. Materials or Services that are the subject of a Contract Amendment or Change Order that has not been fully signed. 4.4 PRE-INVOICE REVIEW.Shortly before Contractor is scheduled to submit each Invoice,the parties' representatives shall meet Informally to review any issues relevant to that upcoming invoice so that the formal invoice process Is thereby facilitated and made more efficient. 4.5 SUBMITTING INVOICES.Contractor shall submit an Invoice to the ordering Eligible Agency or Co-Op Buyer using the form and/or process provided or required by the ordering Eligible Entity/Customer(Eligible Agency or Co- Op Buyer).Eveiy invoice must be signed by Contractor's authorized representative and accompanied by all supporting information and documentation required by the Contract and applicable laws, 4.6 DEFECTIVE INVOICES.Without prejudice to its other rights under the Contract or further obligation to Contractor,the ordering Eligible Entity/Customer(Eligible Agency or Co-Op Buyer)may,at its discretion,reject any materially defective invoice. 4.6.1 The ordering Authorize Entity/Customer(Eligible Agency or Co-Op Buyer)shall notify Contractor within 5(five)business days after receipt if it determines an invoice to be materially defective. 4.6.2 Invoices will be deemed automatically rejected upon delivery if they: (a) are sent to an incorrect address; (b) do not reference the correct State contract number;or (c) are payable to any Person other than the Contractor. 4.6.3 The ordering Eligible Entity/Customer(Eligible Agency or Co-Op Buyer)will have no obligation to pay against a defective invoice unless and until Contractor has re-submitted it free of defects. 5.0 Payments 5.1 PAYMENT.The applicable Eligible Agency or Co-Op Buyer shall pay undisputed amounts due to Contractor within the time period specified in Section 4.0 Costs and Payments of the Uniform Terms and Conditions 5.2 JOINT CHECKS OR DIRECT PAY.applicable Eligible Agency or Co-Op Buyer may,but is under no obligation to,pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Contractor's requested payment is owed. 5.3 RECOVERY OF OVER-PAYMENT.if applicable Eligible Agency or Co-Op Buyer determines that an over-payment has been made to Contractor on any prior invoice,it shall inform Contractor of the amount and date of the over-payment and may deduct the over-paid amount from amounts then or thereafter due to Contractor. 5.4 PAYMENTS TO SUBCONTRACTORS.Contractor shall make payment of all undisputed amounts due to Subcontractors within thirty(30)days of receipt of funds from applicable Eligible Agency or Co-Op Buyer applicable to their services. 5.5 PURCHASING CARD.Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or all Orders using a purchasing card.Any and all fees related to payment using a Purchasing Card are the responsibility of Contractor.Unless otherwise stated In the Contract there will be no additional fees or increase in prices associated with this method of payment. 5.6 AUTOMATED CLEARING HOUSE.Applicable Eligible Agency or Co-Op Buyer may pay Invoices for some or all Orders through an Automated Clearing House(ACH).In order to receive payments In this manner from Eligible Agencies,Contractor must complete anACH Vendor Authorization Form(form GAO-618)within 30(thirty)days after the effective date of the Contract,The form Is available online at: PART 2 of the Solicitation Documents SECTION 2-8: Pricing Document Template version 3.0(12-OCT-2018) Page 20 of 51 Available online a t : A P P . A Z . g a v O,THE Sr-4 Request for Proposal �,_� Arizona Department of Administration tv Liw... Sa � N �_� ,. Solicitation No. State Procurement Office v2 ,sf_1, o BPM000228 100 N 15th Ave.,Suite 402 d, Description: Phoenix,AZ 85007 J912 Medium and Heavy Duty Cabs, Chassis, and Buses L https://eao.az.iov/afis/vendor-information End of Section 2-B PART 2 of the Solicitation Documents SECTION 2-B: Pricing Document Template version 3.0(12-OCT-2018) Page 21 of 51 Available online at : A P P . A Z _ g o v v IttE so. , Request for Proposal Arizona Department of Administration k:.....j 94 „ , Solicitation No. State Procurement Office a •.; A BPM000228 100 N 15th Ave.,Suite 402 d� Description: Phoenix,AZ 85007 '1912 a Medium and Heavy Duty Cabs, Chassis, and Buses SECTION 2-C: Special Terms and Conditions The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment. 1.0 Definition of Terms As used in the Contract,the terms listed below are defined as follows: 1.1 Acceptance "Acceptance"means the document headed"Offer and Acceptance Form"bearing the State contract number once Procurement Officer has signed it to signify(1)State's formal acceptance of the Accepted Offer and(2)the formation of the Contract. For clarity of intent,the foregoing is not to be confused with the term"acceptance"used throughout the Contract in the context of delivery,inspection,etc.,with respect to Materials or Services. 1.2 Accepted Offer If State did not request a Revised Offer,then"Accepted Offer"means the Initial Offer. If State did request a Revised Offer but not a Best and Final Offer,then"Accepted Offer"means the latest Revised Offer. If State requested a Best and Final Offer,then"Accepted Offer"means the Best and Final Offer. 1.3 Arizona Procurement "Arizona Procurement Code,"A.R.S.,"and"A.A.C."are each defined in the Instructions to Offerors. Code; A.R.S.;A.A.C. 1.4 Arizona TPT "Arizona TPT"means Arizona Transaction Privilege Tax. For information,refer to the Arizona Department of Revenue(DOR)website at: https:iv,ww.azdor.govlbusinessltransactionprivilegetax.aspx. 1.5 Attachment "Attachment"means any item that: 1. the Solicitation required Offeror to submit as part of the relevant Offer (e.g., Initial Offer,Revised Offer,or BAFO); 2. was attached to an Offer when submitted;and 3. was included in the Accepted Offer. 1.6 Pricing "Pricing Document"means Section 2-B of Part 2 of the Solicitation Documents,provided that,if Document there is no such Section in the Contract,then"Pricing Document"is to be construed as referring to whatever item in the Contract contains the contracted pricing and payment provisions. 1.7 Contract "Contract Amendment"means a document signed by Procurement Officer that has been issued Amendment for the purpose of making changes to the Contract after execution.The term"Change Order"in The State's e-Procurement System is to be construed as being synonymous with"Contract Amendment". 1.8 Contract Terms "Contract Terms and Conditions"means the Special Terms and Conditions and these Uniform and Conditions Terms and Conditions taken collectively. 1.9 Contractor "Contractor"means the Person identified on the Accepted Offer who has entered into the Contract with State. 1.10 Contractor Indemnitor "Contractor Indemnitor"means Contractor or any of its owners,officers,directors,agents, employees,or Subcontractors. PART 2 of the Solicitation Documents SECTION 2-C: Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 22 of 51 Available online at : A_._P P_ A Z , go v_ ofgHE STAT Request for Proposal v_E Arizona Department of Administration r3 ■ •:r �+ „ Solicitation No. State Procurement Office • ,,,' 4 BPM000228 45' �v 100 N 15th Ave.,Suite 402 d, i�3' Description: Phoenix,A285007 *1912 * Medium and Heavy Duty Cabs, Chassis, and Buses 1.11 Co-Op Buyer "Co-Op Buyer"means a member of the State Purchasing Cooperative that has entered into a "Cooperative Purchasing Agreement"with the Arizona Department of Administration State Procurement Office under A.R.S.§41-2632.Unless there is an applicable Cooperative Purchasing Agreement in effect at the time,a State Purchasing Cooperative member cannot be a Co-Op Buyer, For reference,"Co-Op Buyer"is to be construed as encompassing"eligible procurement unit"under A.A.C.R2-7-101(23). NOTE:Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions,including cities,counties,school districts,and special districts.Membership is also available to non-profit organizations,other state governments,the federal government and tribal nations. For reference,"non-profit organizations"are defined in A.R.S.§41-2631(4)as any nonprofit corporation as designated by the IRS under section 501(c)(3)through 501(c)(6)of the tax code. 1.12 Eligible Agency If the Special Terms and Conditions indicates that the Contract is a"single-agency"contract,then "Eligible Agency"means the particular State of Arizona agency,university,commission,or board identified therein.If the Special Terms and Conditions indicates that the Contract is a"statewide" contract,then"Eligible Agency"means any State of Arizona department,agency,university, commission,or board. 1.13 Indemnified Basic "Indemnified Basic Claims"means any and all claims,actions,liabilities,damages,losses,or Claims expenses,including court costs,attorneys'fees,and costs of claim processing,investigation and litigation,for bodily injury or personal injury,including death,or loss or damage to any real or tangible or intangible personal property,collectively.See paragraph 6.3. 1.14 Instructions to Offerors "Instructions to Offerors"is Section 3-a of Part 3 of the Solicitation Documents. 1.15 Order "Order"means the instrument by which State authorizes Contractor to perform some or all of the Work.Whether the Contract will have one Order or many Orders depends the scope of the Contract and how State will use it.The Special Terms and Conditions provide that information.Any of the following is to be construed as being an"Order": 1. "Release"or"Release Purchase Order"in The State's e-Procurement System; 2. "task order","service order,"or"job order"when a Release Purchase Order for Services has already been committed in The State's e-Procurement System;or 3. "purchase order"for buying by Co-Op Buyers,if co-op buying applies. 1.16 The State's e- "The State's e-Procurement System"means State's official electronic procurement system, Procurement System established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No.020, The State's e-Procurement System—The Official State eProcurement System. NOTE(1):Technical Bulletin No.020 is available online at: https.11spo.az.govladministralion-policyistale-procuremenl-resource/procurement-regulations 1.17 State With respect to the Contract generally,"State"means the State of Arizona and its department, agency,university,commission,or board that has executed the Contract.With respect to administration or rights,remedies,obligations and duties under the Contract for a given Order, "State"means each of Eligible Agency or Co-Op Buyer who has issued the Order. 1.18 State Indemnitees "State Indemnitees"means,collectively,the State of Arizona,its departments,agencies, universities,commissions,and boards and,and their respective officers,agents,and employees. 1.19 Subcontractor "Subcontractor"has the meaning given in A.R.S.§41-2503(38),which,for convenience of reference only,is"...a person who contracts to perform work or render service to...[C]ontractor or to another[S]ubcontractor as a part of a contract with a state governmental unit..."The Contract is to be construed as"a contract with a state governmental unit"for purposes of the definition.For clarity of intent,a Person carrying out any element of the Work is a Subcontractor from the moment they first carry out that element of the Work regardless of whether or not a Subcontract exists then or subsequently. PART 2 of the Solicitation Documents SECTION 2-C: Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 23 of 51 Available online a t : A P P___A Z . _g_o v_ Request for Proposal 4 a , - Arizona Department of Administration Wz. Solicitation No. y State Procurementoffice P. .,*>'— BPM000228 • `* `„ lootii5thAve Suite ', 'S -441Description: ' Phooenix,AZ 85007" '- t t * Medium and Heavy Duty Cabs,Chassis,and Buses 1.20 Work "Work"means the totality of the Materials and the Services and all the acts of administration, creation,production,and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws. rt-4-6' F}z x• { 210eontraCInterp EtatiOrkikVSMry . �1 � " a ae [ .- } 2.1 Usage Where the Contract: 1. assigns obligations to Contractor,any reference to"Contractor"is to be construed to be a reference to"Contractor and all Subcontractors,whether they are first-tier subcontractors, sub-subcontractors,suppliers,sub-suppliers,consultants,or sub-consultants,as well as all of Contractor's and the Subcontractors'respective agents,representatives,and employees"In every instance unless the context plainly requires that it is be a reference only to Contractor as apart from Subcontractors; 2. uses the permissive"may"with respect to a party's actions,determinations,etc.,the term is to be interpreted as in A.A.C.R2.7-101(31)[Definitions).For clarity of Intent,any right given to State using"State may"or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that:(a)where written"may,at Its discretion,"the discretion extends to whatever is most advantageous to State;and(b)where written only as"may,"the discretion is constrained by what is fair,reasonable,and as accommodating of the respective best interests of both parties as practicable under the circumstances; 3. uses the imperative"shall"with respect to a party's actions,duties,etc.,the term Is to be interpreted as in A.A.C.R2-7-101(43)[Definitions].Conversely,the phrase"shall not"is to be interpreted as an imperative prohibition. 4. uses the term"must"with respect to a requirement,criterion,etc.,the term is to be interpreted as conveying compulsion or strict necessity,and Is to be read as though written "must,ff(the subject]is to be entitled to have(the object]considered or credited as being compliant with,conforming to,or satisfying[the requirement,criterion,constraint,etc.], otherwise,[the object]will be considered or debited as being non-compliant non- conforming,or unsatisfactory for its Contract-related purposes"in every instance; 5, uses the term"might"with respect to an event,outcome,action,etc.,the term is to be interpreted as conveying contingency or non-discretionary conditionality;and 6. uses the term"will"or the phrases"is to be"or"are to be"with respect to an event, outcome,action,etc.,the term or phrase Is to be interpreted as conveying such certainty or imperativeness that"shall"is either unnecessary or irrelevant in that instance. 2.2 Contract Order of COMPLEMENTARY DOCUMENTS.All of the documents forming the Contract are complementary.If Precedence certain work,requirements,obligations,or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant work,requirements,obligations,or duties had been fully described in all,consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results. CONFLICTS.In case of any inconsistency,conflict,or ambiguity among the documents forming the Contract and their provisions,they are to prevail In the following order,descending from most dominate to most subordinate,provided that,among categories of documents or provisions having the same rank,the document or provision with the latest date prevails.Information being identified in one document but not in another is not to be considered a conflict or inconsistency. (a) Contract Amendments; (b) the final Solicitation Documents,in the order: (1) Special Terms and Conditions; (2) Exhibits to the Special Terms and Conditions; PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 24 of 51 Available online at : A P P . A Z . R o v Request for Proposal ' Anzona DepartmgmpfAdmnistratfon. r3t iSx ?% „v - Solicitation SPM000228o State Procurement Office —y, t00 N 1.4thAve Suite 402 ori ;* ` Description: i' a .Phoenix,AZ 85007; t `r 19 Medium and Heavy Duty Cabs,Chassis,and Buses (3) Uniform Terms and Conditions; (4) Scope of Work; (5) Exhibits to the Scope of Work; (6) Pricing Document; (7) Exhibits to the Pricing Document; (8) Specifications;and (9) any other documents referenced or included in the Solicitation; (c) Orders,In reverse chronological order;and (d) Accepted Offer. ATTACHMENTS AND EXHIBITS.For clarity of intent,if an item was an Attachment in the Solicitation Documents or an Offer(either Initial,Revised,Best and Final,or Accepted)and was subsequently made into an Exhibit,or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an"Attachment"since It has at that point been made into some other Contract document.In every other case,an Attachment and the Offeror data therein remain part of the Accepted Offer for purposes of precedence and contractual effect. 2.3 Independent Contractor is an independent contractor and shall act in an independent capacity in performance Contractor under the Contract.Neither party is or is to be construed as being to be the employee or agent of the other party,and no action,inaction,event,or circumstance will be grounds for deeming it to be so. 2.4 Complete The Contract,including any documents incorporated Into the Contract by reference,Is intended by Integration the parties as a final and complete expression of their agreement.There are no prior, contemporaneous,or additional agreements,either oral or In writing,pertaining to the Contract. 3.0 Contract Adminisfratrgn and-Operation - , �, 3.1 Term of Contract The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve(12)months unless canceled,terminated,or permissibly extended. 3.2- Contract State may at its discretion extend the initial Contract term in increments of one or more months Extensions and do so one or more times,provided that,the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five(5)years. 3.3 Notices and 3.3.1 TO CONTRACTOR.State shall: Correspondence (a) address all Contract correspondence other than formal notices to the email address indicated as"Default for Type"for"General Mailing Address"in Contractor's corresponding The State's e-Procurement System Vendor Profile;and (b) address any required notices to Contractor to the"Contact Name and Title"at the "Mailing Address"indicated on the Accepted Offer,as that address might have been amended during the term of the Contract. 3.3.2 TO STATE.Contractor shall: (a) address all Contract correspondence other than format notices to the email address indicated in"Contact Instructions"In the The State's e-Procurement System Summary for State;and (b) address any required notices to State to Procurement Officer identified as "Purchaser"in the State's e-Procurement System Summary at the following mailing address: Arizona Department of Administration State Procurement Office 100 N 15th Ave.,Suite 402 PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 25 of 51 Available online at : A P P . A Z . ff o v Request for Proposal t` .--a`!c. Anions Department of Admialstratmn i� Solicitation No. = State Procurement Office BPM000228 -*it.. ; SOD N25te. Rnte�4t}2 Description: °x� ,, Phoenix AZ 85007' Medium and Heavy Duty Cabs,Chassis,and Buses Phoenix,AZ 85007 3.3.3 CHANGES.State may change the designated Procurement Officer,update contact information,or change the applicable mailing address by Contract Amendment. 3.4 Signing of Contract Contractor's counter-signature—or"approval"In The State's e-Procurement System,in the case of Amendments a Change Order—is not required to give effect if the Contract Amendment only covers either: 1. extension of the term of the Contract within the maximum aggregate term; 2. revision to Procurement Officer appointment or contact information;or 3. modifications of a clerical nature that have no effect on terms,conditions,price,scope,or other material aspect of the Contract. In every case other than those listed in(1),(2),and(3)above,both parties'signature—or "approval"in The State's e-Procurement System,in the case of a Change Order—are required to give it effect. 3.5 Click-Through Terms If either party uses a web based ordering system,an electronic purchase order system,an and Conditions electronic order acknowledgement,a form of an electronic acceptance,or any software based ordering system with respect to the Contract(each an"Electronic Ordering System"),the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only,and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract.Accordingly,where an authorized State user is required to"click through"or otherwise accept or be made subject to any terms and conditions In using an Electronic Ordering Systems,any such terms and conditions are deemed void upon presentation.Additionally,where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services,those terms and conditions will also be void. 3.6 Books and 3.6.1 RETAIN RECORDS.By A.R.S.§41-2548(B),Contractor shall retain and shall contractually Records require each Subcontractor to retain books and records relating for any cost and pricing data submitted in satisfaction of§41-2543 for the period specified in the statute. 3.6.2 RIGHT TO AUDIT.The retained books and records are subject to audit by State during that period.By A.R.S.441-2548(B),Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period. 3.6.3 AUDmNG.Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State's demand;the choice of which being at State's discretion.For the purpose of this paragraph,"reasonable times"are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities. 3.7 Contractor Ucenses Contractor shall maintain current all federal,state and local licenses and permits required for the operation of its business in general,for its operations under the Contract,and for the Work itself. 3.8 Inspection By A.R.S.§41-2547,State may at reasonable times inspect the part of Contractor's or and Testing Subcontractors'plant or places of business related to performance under the Contract. Accordingly,Contractor agrees to permit(for itself)and ensure(for Subcontractors)access for inspection at any reasonable time to its facilities,processes,and services.State may Inspect or test,at its own cost,any finished goods,work-in-progress,components,or unfinished materials that are be supplied under the Contract or that will be incorporated into something to be supplied under the Contract.If the inspection or testing shows non-conformance or defects,then Contractor will owe State reimbursement or payment of all costs it incurred in carrying out or contracting for the inspection and testing,as well as for any re-inspection or re-testing that might be necessary.Neither inspection of facilities nor testing of goods,work,components,or unfinished materials will of itself constitute acceptance by State of those things. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 26 of 51 A v a i I a b l e online a t : A P P . A Z . R o v in Request for Proposal v`�' minora Department of Adrmntstranon ;; Solicitation No. State ProcurementofFice �%b,x. BPM000228 ��y _ 100N 25th Ave State`da2 + " dJ • " Description: Phoenix,A2850a7,1 " to ' Medium and Heavy Duty Cabs,Chassis,and Buses " 3.9 Ownership of 3.9.1 RIGHTS IN WORK PRODUCT.All intellectual property originated or prepared by Contractor Intellectual pursuant to the Contract,Including but not limited to,inventions,discoveries,intellectual Property copyrights,trademarks,trade names,trade secrets,technical communications,records reports,computer programs and other documentation or improvements thereto, including Contractor's administrative communications and records relating to the Contract,are considered work product and Contractor's property,provided that,State has Government Purpose Rights to that work product as and when it was delivered to State. (a) "Government Purpose Rights"are: i. the unlimited,perpetual,irrevocable,royalty free,non-exclusive,worldwide right to use,modify,reproduce,release,perform,display,sublicense,disclose and create derivatives from that work product without restriction for any activity in which State is a party; ii. the right to release or disclose that work product to third parties for any State government purpose;and III. the right to authorize those to whom it rightfully releases or discloses that work product to use,modify,release,create derivative works from the work product for any State government purpose;such recipients being understood to include the federal govemtdent,the governments of other states,and various local governments. (b) "Government Purpose Rights"do not include any right to use,modify,reproduce, perform,release,display,create derivative works from,or disclose that work product for any commercial purpose or to authorize others to do so. 3.9.2 JOINT DEVELOPMENTS.The parties may each use equally any ideas,concepts,know-how, or techniques developed Jointly during the course of the Contract,and may do so at their respective discretion,without obligation of notice or accounting to the other party. 3.9.3 PRE-EXISTING MATERIAL.All pre-existing software and other materials developed or otherwise obtained by or for Contractor or its affiliates independently of the Contract or applicable Purchase Orders are not part of the work product to which rights are granted State under subparagraph 3.9.1 above,and will remain the exclusive property of Contractor,provided that: (a) any derivative works of such preexisting material or elements thereof that are created pursuant to the Contract are part of that work product; (b) any elements of derivative work of such pre-existing material that was not created pursuant to the Contract are not part of that work product;and (c) except as expressly stated otherwise,nothing in the Contract is to be construed to Interfere or diminish Contractor's or its affiliates'ownership of such preexisting materials. 3.9.4 DEVELOPMENTS OUTSIDE OF CONTRACT.Unless expressly stated otherwise in the Contract does not preclude Contractor from developing competing materials outside the Contract,irrespective of any similarity to materials delivered or to be delivered to State hereunder. 3.10 Subcontracts 3.10.1 INITIAL LIST.At the time of Contract execution,Contractor's candidate Subcontractors were identified in Attachment 3-C to the Accepted Offer!Proposed Subcontractors). Agreeing to them being included in the Accepted Offer signified Procurement Officer's advance consent for Contractor to enter into a Subcontract with each candidate,which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner. 3.10.2 ADDITIONAL NAMES.Contractor shall not enter into a Subcontract without first obtaining Procurement Officer's written consent with any prospective Subcontractor that(a)was not listed on Attachment 3-C at time of Contract execution or(b)is for any Materials or Services categories other than the ones for which they were previously consented.For PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 27 of 51 Available online a t : A P P . A Z . R o v Request for Proposal va , f Anzona nepartmentofAdministtatop H ' Solicitation No. State Procurement Office !i! BPM000228• WON-1St Ave Suite 402 % Description: Oboe*AZe5o02 ' •rs Medium and Heavy Duty Cabs,Chassis,and Buses either case(a)or(b),Contractor shall submit a written request sufficiently in advance of the need date for those materials or services so that performance under the Contract is not impaired.Procurement Officer may request any additional Information he or she determines Is necessary to assess the submittal,and may withhold consent pending it. 3.10.3 FLOW-DOWN.Contractor shall incorporate the provisions,terms,and conditions of the Contract into everySubcontract by inclusion or by reference,as appropriate.When making any post-execution consent requests,Contractor shall include its warrant that it will do the same for the pending Subcontracts covered by the request.Entering into Subcontracts will not relieve Contractor of any of its obligations or duties under the Contract,including,among other things,the duty to supervise and coordinate the work of Subcontractors.Nothing contained In any Subcontract will create or is to be construed as creating any contractual relationship between State and the Subcontractor. 3.11 Offshore Contractor shall only perform those portions of the Services that directly serve State or its clients Performance of Certain and involve access to secure or sensitive data or personal client data within the defined territories Work Prohibited of the United States.Unless specifically stated otherwise in the Scope of Work,this paragraph does not apply to indirect or overhead services,redundant back-up services,or services that are incidental to performance under the Contract.This provision applies to work performed by Subcontractors at all tiers. 3.12 Orders 3.12.1 ORDER SUFFICIENCY.The Contract was awarded in accordance with the Arizona Procurement Code;the transactions and procedures required by the code for competitive source selection have been met.An Order issued that cites the correct State contract number will suffice to authorize Contractor to provide the Materials and perform the Services covered by that Order. 3.12.2 ORDER TERMS.All Orders are subject to the Contract Terms and Conditions;an Order cannot modify the Contract Terms and Conditions. 3.12.3 ORDERS ARE OBLIGATORY.Until the expiration or earlier termination of the Contract, State may issue and Contractor shall accept Orders that make proper reference to the Contract and are permissible hereunder,provided that,Contractor is not obliged to accept any Order that is not consistent with the then-current pricing,lead times, specifications,or payment provisions of the Contract.Contractor shall fulfill and complete any Orders that are begun but not yet completed as of expiration or earlier termination of the Contract unless State Instructs otherwise at the time. 3.12.4 SPECIAL CASE.In the special case where both the following conditions are true, Procurement Officer's signature on the Acceptance is Contractor's authorization to perform and therefore no Order is required:(a)the Contract is Identified as being a "single-agency/single-project"contract and(b)the Contract was created in The State's e- Procurement System as something other than a"Master/Blanket"type. 3.12.5 NO MINIMUMS OR COMMITMENTS.(a)Contractor shall not impose any minimum dollar amount,item count,services volume,or services duration on Orders;(b)State makes no commitment of any kind concerning the quantity or monetary value of activity actually initiated or completed during the term of the Contract;(c)Contractor shall only deliver or perform as authorized by Orders;and(d)State Is not limited as to the number of Orders it may Issue for the Contract.For clarity of intent,the foregoing applies equally whether an Eligible Agency issues the Order or,If applicable,a Co-Op Buyer issues it. 3.124 NON-CONTRACTED MATERIALS OR SERVICES.Any attempt to knowingly represent for sales,marketing,or related purposes that goods or services not specifically awarded are under a State contract is a violation of the Contract and law. 3.13 Statewide Contract The Contract is a"statewide"contract for multiple purchases,projects,or assignments,and can be Provisions purchased against by some or all Eligible Agencies and any Co-Op Buyers that elect to participate. Even if only one Eligible Agency needs or elects to purchase against the Contract,it is to be construed as being a"statewide"contract hereunder. The Contract is an indefinite delivery,indefinite quantity(10/I0.)type of contract;it is to be PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 28 of 51 Available online at : A P P . A Z . g o v oFltlE$4, Request for Proposal �_f Arizona Department of Administration w�Lo):P �+ Solicitation No. State Procurement Office N BPM000228100N15thAve.,Suite402 ' Description: Phoenix,AZ 85007 *191 x Medium and Heavy Duty Cabs, Chassis, and Buses construed as a"delivery order"sub-type of ID/10 contract to the extent the Work is Materials,and a"task order"sub-type to the extent the Work is Services. 1. Contractor shall verify if an ordering entity is a bona fide Co-Op Buyer before selling Materials to or providing Services for them under the Contract.The current list of Co-Op Buyers is available on the State Procurement Office website: https:i/spo.az.govlprocurement-services/cooperative-procurement/state-pu rchasin9- cooperative 2. Contractor shall sell to Co-Op Buyers at the same price and on the same lead times and other terms and conditions under which it sells to Eligible Agencies,with the sole exception of any legitimately additional costs for extraordinary shipping or delivery requirements if the Co-Op Buyer is having Materials delivered or installed or Services performed at locations not contemplated in the contracted pricing(e.g.delivery to a location outside Arizona). 3. Contractor shall pay State an administrative fee against all Contract sales to Co-Op Buyers, as provided for under A.R.S.§41-2633.The fee rate is one(1%)percent.Failure to remit the administrative fees is a material breach of contract,and will entitle State to its remedies under Article 8 and its right to terminate for default under Article 9.Method of calculation,payment procedures,and other details are provided on the State Procurement Office website: https://spo.az.gov/contractor-resources/statewide-contracts-administrative-tee 4. Contractor shall submit to State a quarterly usage report documenting all Contract sales to both Eligible Agencies and Co-Op Buyers,itemized separately.Contractor shall further itemize divisions,groups or areas within a given Eligible Agency if they place Orders independently of each other.Failure to submit the report is a material breach of contract, and will entitle State to its remedies under Article 8 and its right to terminate for default under Article 9.Contractor shall submit the report using the forms and following the instructions on the State Procurement Office website: https.//spo az.gov/contractor-resources/statewide-contracts-administrative-fee 5. Contractor shall acknowledge each Order from Eligible Agencies within 1(one)business day after receipt by either:(a)"approving"the Order electronically in The State's e- Procurement System,which will indicate Contractor's unqualified acceptance of the Order as-issued;or(b)"rejecting"the Order electronically in The State's e-Procurement System, with a concurrent explanation by email to relevant originator as to the reason for rejecting it.By way of reminder,the only grounds on which Contractor may reject or refuse an Order are those set out in subparagraph 3.14.3[Orders ore Obligatory).Unless and until Contractor has approved the Order in The State's e-Procurement System,it will have no effect under the Contract and will not oblige either State or Contractor.If the relevant Eligible Agency explicitly instructs at the time that a verbal acceptance is sufficient because of urgency or other unusual circumstances and Contractor duly gives its verbal acceptance,then Contractor will be deemed to have accepted the Order immediately upon commencing performance,provided that,Contractor must follow-up its verbal acceptance by accepting the Purchase Order electronically in The State's e- Procurement System within 3(three)business days.Contractor shall thereafter be barred from subsequently rejecting the Order in The State's e-Procurement System and if it does so the rejection will be void. 6. Contractor shall acknowledge each Order from Co-Op Buyers in conformance with each buyer's instructions given at the time of ordering or in any supplemental participating agreement Contractor might have with them.Orders from Co-Op Buyers create no obligation on State's part,since they are entirely between the Co-Op Buyer and Contractor.That notwithstanding,Contractor's obligation under the Contract is to service Co-Op Buyers commercially as though they were with an Eligible Agency,and Contractor's refusal to do so would be a material breach of the Contract. PART 2 of the Solicitation Documents SECTION 2-C: Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 29 of 51 2. Available online at : A_P P-___A Z_ .__g o v _ e:. t V f�„. Request for Proposal �, r. r v`', a•s Arizona Department ofAdministradon .. ifcii, � Solicitation No. 4State Procurement Office `:-y: To BPMQQQ22$ t. ? k0DPt 25thAve,Su<te 402 Description: `r Phoenix AZ 85007-. *I91 a Medium and Heavy Duty Cabs,Chassis,and Buses ,f t , 3.14 Multiple-Use Eligible Agencies may issue Orders for Services in several forms,all of which become final and Provisions effective by a"Release Purchase Order"In The State's e-Procurement System.Orders issued by Co-Op Buyers will be in whatever form the Co-Op Buyer normally uses.Regardless of origin, Orders must cite the State contract number to be valid.State may,at Its discretion In each instance,determine the scope,schedule,and price for each Order In any of the following ways: 1. By choosing some or all of the Materials or Services items covered by the Contract for which a price is established in the pricing Document then preparing an Order using those prices(e.g.,filling out an order form),and sending it to Contractor. 2. By instructing Contractor to provide a comprehensive proposal of Item quantities, combinations,etc.,or services hours,personnel,etc.,for a defined scope using those established prices as a basis,then validating and negotiating the proposal with Contractor and issuing an Order if and when reaching agreement. 3. As described in(2)above but requesting the proposal from both Contractor and other vendors who are contracted within the applicable scope categories and locations,either sequentially or concurrently,then selecting the proposal or proposals combination that Is most advantageous to State. 4. As described in(3)above but Introducing ad-hoc commercial competition by making the selection and ordering conditional on obtaining more favorable prices than the contractually-established ones. When evaluating the proposals under(3)and(4)above,State may select based on price(for example,a quoted number of hours times the contracted or improved rate plus a fixed amount for incidentals),by experience and qualifications(for example,having an office nearer the required work location),or whatever combination thereof it determines is most appropriate to the work in question. 3.15 Other State may undertake with its own forces or award other contracts to the same or other vendors Contractors for additional or related work.In such cases,Contractor shall cooperate fully with State's employees and such other vendors and carefully coordinate,fit,connect,accommodate,adjust,or sequence its work to the related work by others.Where the Contract requires handing-off Contractor's work to others,Contractor shall cooperate as State Instructs regarding the necessary transfer of its work product,services,or records to State or the other vendors.Contractor shall not commit or permit any act that interferes with the State's or other vendors'performance of their work,provided that,State shall enforce the foregoing section equitably among all Its vendors so as not impose an unreasonable burden on any one of them. 3.16 Work on State 3.16.1 COMPLIANCE WITH RULES.Contractor Is responsible for ensuring that Its personnel Premises comply with State's rules,regulations,policies,documented practices,and documented operating procedures while delivering or installing Materials or performing Services on State's grounds or In its facilities.For clarity of intent,the foregoing means that if Contractor Is required to comply with certain security requirements in order to deliver, install,or perform at that particular location,then it shall do so nonetheless and without entitlement to any additional compensation or additional time for performance If those particular requirements are not expressly stated in the Contract.Contractor is reminded that violation of the prohibition under A.R.S.413-1502 against possession of weapons on State's property by anyone for whom Contractor Is responsible Is a material breach of contract and grounds for termination for default. 3.16.2 PROTECTION OF GROUNDS AND FACILITIES.Contractor shall deliver or Install the Materials and perform the Services without damaging any State grounds or facilities. Contractor shall repair or replace any damage it does cause promptly and at Its own expense,subject to whatever Instructions and restrictions State needs to make to prevent inconvenience or disruption of operations.If Contractor fails to make the necessary repairs or replacements and do so in a timely manner,State will be entitled to exercise its remedies under paragraph g.5[Right of Offset]. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 30 of 51 Available online at : A P P . A Z . g o v br i Request for Proposal -Tr. Arizona Department of Adminntradon` U k . me. Solicitation No. StatePrecurementoffice r y BPM000228 100N1SthAve Sulte402 Description: '_� Phoenix AZa5007, *49 ` Medium and Heavy Duty Cabs,Chassis,and Buses ,. 4p0y.Costs and Payments s,xn ,s ;_, , �r ...- ° ~ °' ` � ¢.u , ' `: 4.1 Payments 4.1.1 PAYMENT DEADLINE.State shall make payments in compliance with Arizona Revised Statues Titles 35 and 41.Unless and then only to the extent expressly stated otherwise In the Pricing Document State shall make payment in full for Materials that have been delivered and accepted and Services that have been performed and accepted within the time specified In A.R.S.§35-342 after both of the following become true:(a)all of the Materials being invoiced have been delivered or installed(as applicable)and accepted and all of the Services being invoiced have been performed and accepted;and (b)Contractor has provided a complete and accurate invoice in the form and manner called for In the Pricing Document provided that,State will not make or be liable for any payments to Contractor until Contractor has registered properly in The State's e- Procurement System and provided a current IRS Form W-9 to State unless excused by law from providing one. 4.1.2 PAYMENTS ONLY TO CONTRACTOR.Unless compelled otherwise by operation of law or order of a court of competent jurisdiction,State will only make payment to Contractor under the federal tax identifier indicated on the Accepted Offer. 4.2 Applicable 4.2.1 CONTRACTOR TO PAY ALL TAXES.State is subject to Arizona TPT.Therefore,Arizona TPT Taxes applies to all sales under the Contract and Arizona TPT is Contractor's responsibility(as seller)to remit.Contractor's failure to collect Arizona TPT or any other applicable sales or use taxes from an Eligible Agency or Co-Op Buyer(as buyer)will not relieve Contractor of any obligation to remit sales or use taxes that are due under the Contract or laws.Unless stated otherwise in the Pricing Document,all prices therein include Arizona TPT as well as every other manner of transaction privilege or sales/use tax that is due to a municipality or another state or Its political subdivisions.Contractor shall pay ail federal,state,and focal taxes applicable to its operations and personnel. 4.2.2 TAX INDEMNITY.Contractor shall hold State harmless from any responsibility for taxes or contributions,including any applicable damages and interest,that are due to federal, state,and local authorities with respect to the Work and the Contract,as well any related costs;the foregoing expressly includes Arizona TPT,unemployment compensation insurance,social security,and workers'compensation Insurance. • • �,p h nrc�x t rte n'pe'SCr3;Nt;@Y " '' 'c- e S O Contract eti`aiiges • • 5.1 Contract Amendments The Contract Is Issued for State under the authority of Procurement Officer.Only a Contract Amendment can modify the Contract,and then only if it does not change the Contract's general scope.Purported changes to the Contract by a person not expressly authorized by Procurement Officer or made unilaterally by Contractor will be void and without effect;Contractor will not be entitled to any claim made under the Contract based on any such purported changes. 5.2 Assignment and 5.2.1 IN WHOLE.Contractor shall not assign In whole its rights or delegate in whole its duties Delegation under the Contract without Procurement Officer's prior written consent,which consent Procurement Officer may withhold at his or her discretion.If Contractor's proposed assignment or delegation stems from a split,sale,acquisition,or other non-merger change in control,then no such consent will be given In any event without the assignee or delegate giving State satisfactory and equivalent evidence or assurance of its financial soundness,competency,capacity,and qualification to perform as that which Contractor possessed when State first awarded it the Contract. 5.2.2 IN PART.Subject to paragraph 3.10[Subcontracts]with respect to subcontracting, Contractor may assign particular rights or delegate particular duties under the Contract, but shall obtain Procurement Officer's written consent before doing so.Procurement Officer shall not unreasonably withhold consent so long as the proposed assignment or delegation does not attempt to modify the Contract In any way or to alter or Impair • State's rights or remedies under the Contract or laws. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 31 of 51 Available online at : A P P . A Z . g o v shn Request for Proposal Aruona DepaitmentofAdministratron - 1Z44 Solicitation No. State Procurement Office.; -� To I PM000228 4: fon Aire s,lte;um Description: r Phoenix,A2$5007 , • *0 * Medium and Heavy Duty Cabs,Chassis,and Buses ' � S a ra x.' t ;:„‘4...-t. 8 S xi3 x'.G �} @ 6 0 ` RlskfanchLlablhty -h 't 1c a a } '.'3u "i 5 ft"t;.;-u s. k74°. La,9.nX'IC =&tx^ 14.4.�a `.S,a- 6.1 Risk of Loss Contractor shall bear all risk of loss to Materials while In pre-production,production,storage, transit,staging,assembly,installation,testing,and commissioning,If and as those duties are within the scope of the Work,until they have been accepted as conforming by State In the particular location and situation specified in the Order,or as specified generally elsewhere in the Contract if the Order does not provide particulars,provided that,risk of loss for nonconforming Materials will remain with Contractor notwithstanding acceptance to the extent the loss stems from the nonconformance. 6.2 Contractor Insurance Contractor and subcontractors shall procure and maintain until all of their obligations have been discharged,including any warranty periods under this Contract,are satisfied,insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor,his agents,representatives,employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained In this Contract.The State of Arizona In no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this contract by the Contractor,its agents,representatives,employees or subcontractors,and Contractor is free to purchase additional insurance. MINIMUM SCOPE AND LIMITS OF INSURANCE:Contractor shall provide coverage with limits of liability not less than those stated below. 1.Commercial General Liability(CGL)—Occurrence Form Policy shall include bodily injury,property damage personal injury and broad form contractual liability coverage General Aggregate $2,000,000 Products—Completed Operations Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Damage to Rented Premises $ 50,000 Each Occurrence $1,000,000 a. The policy shall be endorsed,as required by this written agreement,to include the State of Arizona,and its departments,agencies,boards,commissions, universities,officers,officials,agents,and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the Contractor. b. Policy shall contain a waiver of subrogation endorsement,as required by this written agreement,in favor of the State of Arizona,and its departments, agencies,boards,commissions,universities,officers,officials,agents,and employees for losses arising from work performed by or on behalf of the Contractor. 2.Business Automobile Liability Bodily Injury and Property Damage for any owned,hired,and/or non-owned vehicles used in the performance of this Contract. Combined Single Limit(CSL) $1,000,000 a. Policy shall be endorsed,as required by this written agreement,to include the State of Arizona,and Its departments,agencies,boards,commissions,universities and its officers,officials,agents,and employees as additional insureds with respect to liability arising out of the activities performed by,or on behalf of,the Contractor,involving automobiles owned,leased,hired and/or non-owned by the PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 32 of 51 Available online a t : A P P . A Z . g o v Request for Proposal �. , v Arizona Department ofAdminsstraton. "°"'caro Solicitation No. 4.�' �. ' State Procurement Office s: �% - BPM000228 WON 15th Ave sune401 % ice' Description: Phoenix Az e5007. *za * Medium and Heavy Duty Cabs,Chassis,and Buses Contractor. b. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona,and Its departments,agencies, boards,commissions,universities,officers,officials,agents,and employees for losses arising from work performed by or on behalf of the Contractor. 3.Worker's Compensation and Employer?Liability Workers'Compensation Statutory Each Accident $1,000,000 Disease—Each Employee $1,000,000 Disease—Policy Limit $1,000,000 a. Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona,and its departments,agencies, boards,commissions,universities,officers,officials,agents,and employees for losses arising from work performed by or on behalf of the Contractor. b. This requirement shall not apply to each Contractor or subcontractor that Is exempt under A.R.S.23-901,and when such contractor or subcontractor executes the appropriate waiver form(Sole Proprietor/Independent Contractor). ADDITIONAL INSURANCE REQUIREMENTS;The policies shall include,or be endorsed to include, the following provisions: 1. The Contractor's policies,as applicable,shall stipulate that the Insurance afforded the Contractor shall be primary and that any insurance carried by the Department,its agents,officials,employees or the State of Arizona shall be excess and not contributory Insurance,as provided by A.R.S.§41-621 E 2. Insurance provided by the Contractor shall not limit the Contractor's liability assumed under the indemnification provisions of this Contract. NOTICE OF CANCEL).ATION: Applicable to all insurance policies required within the insurance • Requirements of this Contract,Contractor's Insurance shall not be permitted to expire,be suspended,be canceled,or be materially changed for any reason without thirty(30)days prior written notice to the State of Arizona.Within two(2)business days of receipt,Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended,canceled,materially changed for any reason,has expired,or will be expiring. Such notice shall be sent directly to the Department and shall be malted,emailed,hand delivered or sent by facsimile transmission to State Procurement Office. ACCEPTABILITY OF INSURERS:Contractor's Insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an"A.M.Best"rating of not less than A-VII.The State of Arizona in no way warrants that the above-required minimum Insurer rating is sufficient to protect the Contractor from potential insurer insolvency. VERIFICATION OF COVERAGE:Contractor shall furnish the State of Arizona with certificates of insurance(valid ACORD form or equivalent approved by the State of Arizona)evidencing that Contractor has the insurance as required by this Contract. An authorized representative of the insurer shall sign the certificates. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State's receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement. Each insurance policy required by this Contract must be in effect at,or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract,or to provide evidence of renewal,is a material breach of contract. All such certificates required by this Contract shall be sent directly to the Arizona State PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 33 of 51 Available online at : A P P . A Z . g o v Request for Proposal • -- Arbcw E)epartmenrol Adminhhahhn e ' liC4 Solicitation No. -State PrOctireenent Office a _,*► BPM000228 y ' �rj let)N 15th Ave:,Suite 402 Description: Phoenx A2&5002 r-t_ { Medium and Heavy Duty Cabs, Chassis, and Buses - - - , Procurement Office.The State of Arizona project/contract number and project description shall be noted on the certificate of Insurance.The State of Arizona reserves the right to require complete,certified copies of all Insurance policies required by this Contract at any time. SUBCONTRACTORS:Contractors'certificate(s)shall include all subcontractors as insured under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of Insurance and endorsements for each subcontractor.All coverages for subcontractors shall be subject to the minimum Insurance Requirements Identified above. The Department reserves the right to require,at any time throughout the life of this contract,proof from the Contractor that Its subcontractors have the required coverage. APPROVAL and MODIFICATIONS:The Contracting Agency,In consultation with State Risk, reserves the right to review or make modifications to the insurance limits,required coverages,or endorsements throughout the life of this contract,as deemed necessary.Such action will not require a formal Contract amendment but may be made by administrative action. EXCEPTIONS;In the event the Contractor or sub-contractor(s)is/are a public entity,then the Insurance Requirements shall not apply.Such public entity shall provide a Certificate of self- insurance.If the Contractor or sub-contractor(s)is/are a State of Arizona agency,board, commission,or university,none of the above shall apply. 6.3 Indemnification To the fullest extent permitted by law,Contractor shall defend,indemnify,and hold harmless the State of Arizona,and Its departments,agencies,boards,commissions,universities,officers, officials,agents,and employees(hereinafter referred to as"Indemnitee")from and against any and all claims,actions,liabilities,damages,losses,or expenses(including court costs,attorneys' fees,and costs of claim processing,Investigation and litigation)(hereinafter referred to as "Claims")for bodily injury or personal Injury(Including death),or loss or damage to tangible or intangible property caused,or alleged to be caused,in whole or In part,by the negligent or willful acts or omissions of Contractor or any of Its owners,officers,directors,agents,employees or subcontractors. This indemnity Includes any claim or amount arising out of,or recovered under, the Workers'Compensation Law or arising out of the failure of such Contractor to conform to any federal,state,or local law,statute,ordinance,rule,regulation,or court decree.It is the specific intention of the parties that the Indemnitee shall,In all instances,except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee,be indemnified by Contractor from and against any and all claims,it Is agreed that Contractor will be responsible for primary loss Investigation,defense,and judgement costs where this indemnification Is applicable.In consideration of the award of this contract,the Contractor agrees to waive all rights of subrogation against the State of,Its officers,officials,agents,and employees for losses arising from the work performed by the Contractor for the State of Arizona.This Indemnification will survive the termination of the above listed contract with the Contractor. This indemnity shall not apply if the Contractor or sub-contractor(s)Is/are an agency,board, commission or university of the State of Arizona. 6.4 Patent and Copyright CONTRACTOR/VENDOR(NOT PUBLIC AGENCY).With respect to Materials or Services provided or Indemnification proposed by a Contractor Indemnitor for performance under the Contract,Contractor shall indemnify,defend and hold harmless State Indemnitees against any third-party claims for liability, costs,and expenses,Including,but not limited to reasonable attorneys'fees,for infringement or violation of any patent,trademark,copyright,or trade secret by the Materials and the Services. With respect to the defense and payment of claims under this subparagraph: 1. State shall provide reasonable and timely notification to Contractor of any claim for which Contractor may be liable under this paragraph; 2. Contractor,with reasonable consultation from State,shall have control of the defense of any action on an indemnified claim Including all negotiations for Its settlement or compromise; 3. State may elect to participate in such action at its own expense;and 4. State may approve or disapprove any settlement or compromise,provided that,(I)State PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 34 of 51 Available online at : A P P . A Z . e o v i" Request for Proposal —' '~ Anzana F}epzrtment o{Adrrtinisrrauon -- . ssn.. Solicitation 40Q228 State Procureme 2 ce ' 100 t4 1511i Ave Suite 64002 'c S Description: Phoenix AZ 85007' Medium and Heavy Duty Cabs,Chassis,and Buses shall not unreasonably withhold or delay such approval or disapproval and(ii)State shall cooperate in the defense and in any related settlement negotiations. If Contractor is a public agency,this paragraph 6.4 does not apply. 6.5 Force Majeure 6.5.1 DEFINITION.For this paragraph,"force majeure"means an occurrence that is(a)beyond the control of the affected party,(b)occurred without the party's fault or negligence,and (c)something the party was unable to prevent by exercising reasonable diligence. Without limiting the generality of the foregoing,force majeure expressly includes acts of God,acts of the public enemy,war,riots,strikes,mobilization,labor disputes,civil disorders,fire,flood,lockouts,injunctions-Intervention-acts,failures or refusals to act by government authorities,and,subject to paragraph 7.66(Performance in Public Health Emergency],declared public health emergencies.Force majeure expressly does not include late delivery caused by congestion at a manufacturer's plant or elsewhere,an oversold condition of the market,late performance by a Subcontractor unless the delay arises out of an occurrence of force majeure,or inability of either Contractor or any Subcontractor to acquire or maintain any required insurance,bonds,licenses,or permits. 6.5.2 RELIEF FROM PERFORMANCE.Except for payment of sums due,the parties are not liable to each other if an occurrence of force majeure prevents its performance under the Contract.If either party Is delayed at any time in the progress of their respective performance under the Contract by an occurrence of force majeure,the delayed party shall notify the other no later than the following working day after the occurrence,or as soon as it could reasonably have been expected to recognize that the occurrence had effect In cases where the effects were not readily apparent.In any event,the notice must make specific reference to this paragraph specifying the causes of the delay in the notice and,if the effects of the occurrence are on-going,provide an initial notification and thereafter the delayed party shall provide regular updates until such time as the effects are fully known.To the extent it is able,the delayed party shall cause the delay to cease promptly and notify the other party when it has done so.The parties shall extend the time of completion by Contract Amendment for a period equal to the time that the results or effects of the delay prevented the delayed party from performing. • 6.5.3 EXCUSABLE DELAY IS NOT DEFAULT.Failure in performance by either party will not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if and to the extent that such failure was or is being caused by an occurrence of force majeure. 6.5.4 DEFAULT DIMINISHES REUEF.Entitlement to relief from the effects of an occurrence of force majeure is diminished to the extent that the delay did or will result from the affected party's default unrelated to the occurrence,In which case and to that extent the other party's normal remedies and the affected party's obligations would apply undiminished. 6.6 Third Party Contractor assigns to State any claim for overcharges resulting from antitrust violations to the Antitrust extent that those violations concern materials or services supplied by third parties to Contractor Violations toward fulfillment of the Contract. 7.0' Warranties - , r 7.1 Conformity to Contractor warrants that,unless expressly provided otherwise elsewhere in the Contract,the Requirements Materials and Services will for I(one)year after acceptance and in each instance:(1)conform to the requirements of the Contract,which by way of reminder include without limitation all descriptions,specifications,and drawings identified in the Scope of Work and any Contractor affirmations Included as part of the Contract;(2)be free from defects of material and workmanship;(3)conform to or perform in a manner consistent with current industry standards; and(4)be fit for the intended purpose or use described in the Contract.Mere delivery or performance does not substitute for express acceptance by State.Where inspection,testing,or other acceptance assessment of Materials or Services cannot be done until after Installation,the forgoing warranty will not begin until State's acceptance. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 35 of 51 Available online at : A P P . A Z . .go v Request for Proposal „`t Anzona Department of Adminisirauon 'n' + a Solicitation No. R v.r State Procurement Office v ?! BPM000228 WON Ti5thAve smtegoz Description: h ' th,AZe50073 *I, " Medium and Heavy Duty Cabs,Chassis,and Buses ' 7.2 Contractor Contractor warrants that its personnel will perform their duties under the Contract in a Personnel professional manner,applying the requisite skills and knowledge,consistent with industry standards,and in accordance with the requirements of the Contract.Contractor further warrants that its key personnel will maintain any certifications relevant to their work,and Contractor shall provide individual evidence of certification to State's authorized representatives upon request. 7.3 Intellectual Contractor warrants that the Materials and Services do not and will not infringe or violate any Property patent,trademark,copyright,trade secret,or other intellectual property rights or laws,except only to the extent the Specifications do not permit use of any other product and Contractor is not and cannot reasonably be expected to be aware of the infringement or violation. 7.4 licenses and Permits Contractor warrants that it will maintain all licenses required under paragraph 3.7[Contractor Licenses]and all required permits valid and in force. 7.5 Operational Continuity Contractor warrants that It will perform without relief notwithstanding being sold or acquired;no such event will operate to mitigate or alter any of Contractor's duties hereunder absent a consented delegation under paragraph 5.3[Assignment and Delegation]that expressly recognizes the event. 7.6 Performance in Public Contractor warrants that it will: Health Emergency 1. have In effect promptly after commencement a plan for continuing performance in the event of a declared public health emergency that addresses,at a minimum:(a) identification of response personnel by name;(b)key succession and performance responses In the event of sudden and significant decrease in workforce;and (c)alternative avenues to keep sufficient product on hand or in the supply chain;and 2. provide a copy of its current plan to State within 3(three)business days after State's written request.If Contractor claims relief under paragraph 6.5(Force Majeure)for an occurrence of forge maJeure that is a declared public health emergency,then that relief will be conditioned on Contractor having first implemented its plan and exhausted all reasonable opportunity for that plan implementation to overcome the effects of that occurrence,or mitigate those effects to the extent that overcoming entirely is not practicable. For clarification of intent,being obliged to implement the plan is not of itself an occurrence of force maJeure,and Contractor will not be entitled to any additional compensation or extension of time by virtue of having to implement it.Furthermore,failure to have or implement an appropriate plan will be a material breach of contract. 7.7 Lobbying 7.7.1 PROHIBITION. (a) Contractor warrants that: I. it will not engage in lobbying activities,as defined in 40 CFR part 34 and A.R.S. §41-1231,et seq.,using monies awarded under the Contract,provided that, the foregoing does not intend to constrain Contractor's use of its own monies or property,including without limitation any net proceeds duly realized under the Contract or any value thereafter derived from those proceeds;and ii. upon award of the Contract,it will disclose all lobbying activities to State to the extent they are an actual or potential conflict of interest or where such activities could create an appearance of Impropriety. (b) Contractor shall implement and maintain adequate controls to assure compliance with(o)above. (c) Contractor shall obtain an equivalent warranty from all Subcontractors and shall include an equivalent no-lobbying provision In all Subcontracts. 7.7.2 EXCEPTION.This paragraph does not apply to the extent that the Services are defined in the Contract as being lobbying for State's benefit or on State's behalf. 7.8 Survival of All representations and warrants made by Contractor under the Contract will survive the Warranties expiration or earlier termination of the Contract. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 36 of Si. Available online at : A P P . A Z . g o v Request for Proposal 'r wE Antuna pepartinent ofAdiiiiniStCbOn y ' rtSolicitation No. BPM000228 e StateProcuremenfOffce' • `�> _• �ti hq y16pN 75th Ave Su2e At}7 Description: _ Phoeni>3,,AZ a5Qp7:, *t9 Medium and Heavy Duty Cabs,Chassis,and Buses " 5=9:14:•K 't" .ott'e . a :4;4,4,i a �i ,••4*, te � - • 42'," :44713.0 •01 aCtLl Remedies eawxti€ 1 4 { 5 y �t "xV , , ***t .< p ' y, ,, s us ?e . i3n± No modifications to uniform terms and conditions section x +x r: "Tt.?3 a`a _s 4'"$, ,Ny i,^ {y ,4*- }ry ' fi ' rill, 9 0 Contract Ter (nation rk i. ,.N No modifications to uniform terms and conditions section 1y0�Y.p0a�.� ,Tiontract Claims r '. a� + ray ' ,As 1 L.+a11ax�'.- .., 1^ vii` -Jeo a-• � � •• . 1 '' ""4+" ".- rt -.r� .. 9 $ �.'R, _... . le i ;. 10.1 Claim Notwithstanding any law to the contrary,all contract claims or controversies under the Contract Resolution are to be resolved according to Arizona Revised Statutes Title 41,Chapter 23,Article 9,and rules adopted thereunder,including judicial review under A.R.S.§12-1518: 102 Mandatory in compliance with A.R.S.§12-1518,the parties agree to comply in a judicial review proceeding Arbitration with any applicable,mandatory arbitration requirements. te, ;11 General I rovislonsrte .iMaterials �4 " y,',� 11.1 Applicability Article 11 applies to the extent the Work is or includes Materials. 11.2 Off-Contract Contractor shall ensure that the design and/or procedures for the Materials ordering method Materials prevents Orders for off-contract items or excluded items.Notwithstanding that State might have its own internal administrative rules regarding off-contract or excluded item ordering,and endeavors to prevent such orders from occurring,Contractor Is responsible for not accepting any such Orders,State may,at Its discretion,return any such itemsunder subparagraph 11.17 or cancel any such Order under subparagraph 11.18,n either case being without obligation and at Contractor's expense.As used above,"off-contract item"refers to any product not included in the scope of the Contract and for which no price or compensation has been established contractually, and`excluded Item"refers to any product expressly stated in the Contract as being excluded from the Contract. 11.3 Compensation for Contractor shall have clear,published policies in place regarding late delivery,order cancelation, tate Deliveries discounts;or rebates given to compensate for late deliveries,etc.,and make them readily available to those Eligible Agencies,and Co-Op Buyers If applicable,that are likely to need them 11.4 Indicate Shipping Contractor shall identify and provide the required substantiating documentation for the amount It Costs on Order intends to add for shipping in the Order acknowledgment If shipping Is additional to the contracted price or rate for an item;otherwise,Contractor shall indicate that shipping is included In the Order price(in other words,every Order must indicate clearly whether or not shipping is included to the Order price,and if not Included,how much is to be added and why that amount is the correct or appropriate one) 11.5 Current Products Contractor shall keep all products being offered under the Contract:(a)In current and ongoing production;(b)In its advertised product lines;(c)as models or types that are actively functioning in other paying customer environments;and(d)in conformance to the requirements of the Contract 11.6 Maintain Contractor shall provide at all times the comprehensive selection of products for which a price is Comprehensive established in the Commercial Document for ordering by Eligible Agencies,and Co-Op Buyers if Selection applicable. 11,7 Additional State,at its discretion,may modify the scope of the Contract by Contract Amendment to include Products additional products or product categories so long as they are within the general scope of the ones originally covered by the Contract.Once the Contract Amendment has been fully executed, Contractor shall then update all applicable catalogs and price lists and make them available to all • affected entities at no additional cost.Either party may make the request to add products to the Contract;regardless of who makes the request,the parties shall negotiate in good faith a fair price for any additional products,but State may elect not to add some or all of the products in question if no agreement is reached on pricing in a timely manner.Contractor's request or proposal in PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 37 of 51 Available online a t : A P P . A Z . R O v �f1t1E Sri Request for Proposal vrf` Arizona Department of Administration w ■ Qn y Solicitation No. State Procurement Office �,►_`24 = BPM000228 100 N 15th Ave.,Suite 402 _ �: d� Description: Phoenix,AZ 85007 */911 s Medium and Heavy Duty Cabs, Chassis, and Buses response to State's request must include:(a)documentation demonstrating that the additional products meet or exceed the specifications for the original products while remaining in the same product groups as the original ones;and(b)documentation demonstrating that the proposed price for the additional products is both fair and reasonable and at the same level of discount relative to market price as were the original ones.Demonstration of(b)typically requires showing how prices at which sales are currently or were last made to a significant number of buyers compare to the prices or discounts(as applicable)being proposed for the additional products If a product or groups of products covered by the Contract are discontinued by the manufacturer, Contractor shall notify State within 5(five)business days after receiving the manufacturer's notification.State,at its discretion,will either allow Contractor to provide substitutes for the discontinued products or delete the products from the scope of the Contract,both of which will be accomplished by Contract Amendment.Contractor shall then update all applicable catalogs and price lists and make them available to all affected entities at no additional cost.The parties shall 11.8 Discontinued negotiate in good faith a fair price for any substitute product,but State may elect to delete the Products products from the scope of the Contract if no agreement is reached on substitute pricing in a timely manner.When notifying State of the discontinuance,Contractor shall provide: (a)manufacturer's announcement or documentation stating that the products have been discontinued,with identification by model/part number;(b)documentation demonstrating that the substitute products meet or exceed the specifications for the discontinued products while remaining in the same product groups as were the discontinued ones;and(c)documentation demonstrating that the proposed price for the substitute products is both fair and reasonable and at the same level of discount relative to market price as were the discontinued ones(with demonstration being as described in subparagraph Error!Reference source not found.) Forced substitutions will not be permitted;Contractor shall obtain State's prior written consent before making any discretionary substitution for any product covered by the Contract. In the event of a recall notice,technical service bulletin,or other important notification affecting a product offered under the Contract(collectively,"recalls"hereinafter),Contractor shall send timely notice to State for each applicable Order referencing the affected Order and product. 11.9 Forced Notwithstanding whatever protection Contractor might have under A.R.S.4 12-684 with respect to Substitutes a manufacturer,Contractor shall handle recalls entirely and without obligation on State's part, other than to permit removal of installed products,retrieval of stored products,etc.,as necessary 11.10 Recalls to implement the recall 11.11.1 PRICING.Unless stated otherwise in the Commercial Document,all Materials prices set forth therein are FCA(seller's dock)Incoterms®2010,with"seller's dock"meaning the last place of manufacturing,assembly,integration,final packing,or warehousing before departure to designated point of delivery to State. For reference,the foregoing is to be construed as equivalent to"F.o.b.Origin,Contractor's Facility"under FAR 52.247-30 11.11.2 LIABILITY.Unless stated otherwise in the Commercial Document or an Order, 11.11 Delivery Contractor's liability for all Materials is DDP(State-designated receiving point per Order) Incoterms®2010,but with unloading at destination included.For reference,the foregoing is to be construed as equivalent to"F.o.b.Destination,Within Consignee's Premises"under FAR 52.247- 35 11.11.3 PAYMENT.Unless stated otherwise in the Commercial Document or an Order,State shall reimburse Contractor the costs of the difference between DDP(State-designated receiving point per Order)and FCA(seller's dock)with no mark-up,which Contractor shall itemize and invoice separately Unless stated otherwise in the Commercial Document generally or in the applicable Order particularly,Contractor shall make delivery within 2(two)business days after receiving each Order Contractor shall offer deliveries to every location served under the scope of the Contract, specifically 11.12 Delivery Time 1. if the Contract is for a single State agency in a single area,then Contractor shall deliver to any agency location in that area; 11.13 Delivery Locations 2. if the Contract is for a single State agency in all its locations,then Contractor shall PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 38 of 51 Available online a t A P P _ A Z . g_ o v i - • ' Request for Proposal �,�` , Arizona oepzrtinent of Adminisiratban a„ Solicitation No. State Procurement Office �}���% BPM000228 100 N 13th Ave Suite 402 ` to Y' Description: Phoenix AZa5007' *I._ + " Medium and Heavy Duty Cabs,Chassis,and Buses - - deliver to any of that agency's location in Arizona; 3. if the Contract is for statewide use but excludes certain areas,then Contractor shall deliver to any Eligible Agency or Co-Op Buyer location that Is not in the excluded areas;and 4. if the Contract is for unrestricted statewide use,then: I. Contractor shall deliver to any Eligible Agency or Co-Op Buyer anywhere in Arizona; b) If a prospective Co-Op Buyer outside Arizona wishes to order against the Contract,Contractor agrees to negotiate in good faith any fair and reasonable price or lead time adjustments necessary to serve that location if practicable to do so within the scope of its normal business;and, c) if the Commercial Document indicates defined delivery areas and prices,those always apply unless the Order expressly states otherwise and Contractor accepts it. Contractor shall verify receiving hours and conditions(I.e.height/weight restrictions,access control,etc.)with the relevant purchaser for the receiving site before scheduling or making a delivery.State will neither allow extra charges for wait time,comebacks,or the like nor excuse late delivery if Contractor has failed to make the verification or comply with the applicable conditions. Contractor shall make each delivery to the specific location Indicated In the Order,which 11.14 Conditions at Contractor acknowledges might be inside an industrial building,institutional building,low-rise Delivery Location office building,or high-rise office building instead of a normal receiving dock.Contractor might be required to make deliveries to locations inside a secured perimeter at certain institutional facilities such as prisons where prior clearances are required for each delivery and driver individually. Contractor shall contact each such facility directly to confirm its most-current security clearance procedures,allowable hours for deliveries,visitor dress code,and other applicable rules.State will neither allow extra charges for wait time,comebacks,or the like nor excuse late delivery if Contractor has failed to make the confirmation or comply with the applicable conditions State has the right to make acceptance of Materials subject to a complete inspection on delivery and installation,if Installation Is Contractor's responsibility.State may apply as acceptance criteria conformity to the Contract,workmanship and quality,correctness of constituent materials,and any other matter for which the Contract or applicable laws state a requirement,whether stated directly or by reference to another document,standard,reference specification,etc.Contractor shall remove any rejected Materials from the delivery location,or from any immediate environs to which it might have been reasonably necessary to move It,carry it off the delivery premises,and 11.15 Materials subsequently deliver an equal number or quantity of conforming items.State will not owe Acceptance Contractor any payment for rejected Materials,and State may,at its discretion,withhold or make partial payment for any rejected Materials that have been returned to Contractor in those instances where State has agreed to permit repair instead of demanding replacement. Contractor shall,at no additional cost and without entitlement to extension of any delivery deadline or specified time for performance,remove or exchange and replace any defective or non- conforming delivered or installed Materials 1. Contractor shall be solely responsible for the cost of any associated cutting and patching, temporary protection measures,packing and crating,hoisting and loading,transportation, unpacking,inspection,repacking,reshipping,and reinstallation if installation Is within the scope of the Contract. 11.16 Correcting Defects 2. If Contractor falls to do so in a timely manner,State will be entitled to exercise its remedies under paragraph 8.5[Right of Offset]of the Uniform Terms and Conditions: 3. Whether State will permit Contractor to repair in place or demands that Contractor remove and replace is at State's discretion in each instance,provided that,State shall not apply that discretion punitively if repair in place Is practicable and doing so would not create safety hazards,put property at risk,unreasonably interfere with operations,create public nuisance,or give rise to any other reasonable concern on State's part. PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 39 of 51 Available online at : A P P . A Z . g o v o»=� Request for Proposal 4p Arizona DepartmeotofAdrdlnistratlon Solicitation No. StateProcurementOffice ' b BPM000228 ? qz 100N 75th Ave,Suite 402 , .l Description: - • PdoeniwAzesooz •1912 • ' Medium and Heavy Duty Cabs,Chassis, and Buses ' State may,at Its discretion,return for full credit and with no restocking charges any delivered Materials unused In the original packaging,Including any instruction manuals or other incidental item that accompanied the original shipment,within thirty(30)days after receipt.If State elects to return delivered Materials,then State shall pay all freight,delivery,and transit insurance costs to return the products to the place from which Contractor shipped them,provided that,If State returns delivered Materials because they are defective or non-conforming or for any other reason having to do with Contractor fault or error,then State will not be responsible for paying freight, delivery,or transit Insurance costs to return the products and may,at its discretion,either have those billed directly to Contractor or offset them under paragraph 8.5[Right of Offset]of the Uniform Terms and Conditions. State may cancel Orders within a reasonable period after Issuance and at its discretion.The same method as that used for ordering will be used for cancellation.If State cancels an Order,then State shall: 11.17 Returns 1. pay Contractor for any portion of the Materials and Services from that Order that have been properly delivered or performed as of the cancellation effective date plus one(1) additional business day 2. reimburse Contractor for: (a) its actual,documented costs incurred In fulfilling the Order up to the cancellation effective date plus one(1)additional business day; (b) the cost of any obligations it Incurred in fulfilling the Order up to the cancellation effective date plus one(1)additional business day that demonstrably cannot be canceled,or that have pre-established cancelation 11.18 Order Cancellation penalties specified in the relevant Subcontracts,to the extent the penalties are reasonable and customary for the work in question;and, 3. Contractor shall not charge or be entitled to charge State for any new costs it incurs after receiving the cancellation notice By way of reminder,State is not liable for any products that were produced,shipped,or delivered or any services that were performed before Contractor had acknowledged the corresponding Order Materials as-shipped must comply with applicable safety regulations and standards.Unless expressly stated otherwise in the Scope of Work State is not responsible for making any Materials safe or compliant following acceptance and is relying exclusively on Contractor to deliver only products that are already safe and compliant Contractor shall timely provide State with any"Safety Data Sheets"(SDS)and any other hazard communication documentation required under the US Department of Labor's Occupational Safety and Health Administration(OSHA)"Hazard Communication Standard"(often referred to as the"HazCom 2012 Final Rule")that is reasonably necessary for State to comply with regulations when it or its other contractors install,handle,operate,repair,maintain or remove any Materials. Note that,in the past,those documents might have been referred to as"Material Safety Data Sheets"or"Product Safety Data Sheets",but State(and this Contract)use only the more up-to- date"SDS"reference.Contractor shall ensure that all its relevant personnel understand the nature of and hazards associated with,to the extent it they are Contractor's responsibility under the Contract,the design,shipping,handling,delivery,installation,repair and maintenance of any portion of the Work that is,contains or will become upon use a hazardous material,with 11.19 Product Safety "hazardous material"being any material or substance that Is:(1)Identified now or in the future as being hazardous,toxic or dangerous under applicable laws;or(2)subject to statutory or regulatory requirement governing special handling,disposal or cleanup 11.20 Haiardous Materials PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 40 of 51 Available online at : A P P . A Z . g o v Request for Proposal Arizona Department ofAdm4Nstratio, csa ' o 7,, Solicitation No. State Procurement Office ' '�►9% ti BPM000228 1W t isth Ave suite'402 Description: r Phoenix,Az 8.+007 *ra " Medium and Heavy Duty Cabs,Chassis,and Buses 12'Oc General?Pro'ulsiops for Services • • 12.1 Applicability Article 12 applies to the extent the Work Is or includes Services. 12.2 Comprehensive Contractor shall provide the comprehensive range of services for which a price is established in the Services Offering Pricing Document for ordering by Eligible Agencies,and Co-Op Buyers if co-op buying applies. 12.3 Additional Services State at its discretion may modify the scope of the Contract by Contract Amendment to include additional services or service categories that are within the general scope of the ones originally covered by the Contract if it determines that doing so is in its best interest.Once the Contract Amendment is fully executed,Contractor shall then update all applicable price lists and make them available to all affected entities at no additional cost.Either party may make the request to add services to the Contract;regardless of who makes the request,the parties shall negotiate in good faith a fair price for arty additional services,but State may elect not to add some or all of the services in question If no agreement is reached on pricing in a timely manner.Contractor's request or proposal in response to State's request must include documentation demonstrating that the proposed price for the additional services is both fair and reasonable and comparable to the original ones. 12.4 Off-Contract Services Contractor shall ensure that the design and/or procedures for the Services ordering method prevents Orders for off-contract or excluded services.Notwithstanding that State might have its own internal administrative rules regarding off contract or excluded service ordering,and endeavors to prevent such orders from occurring,Contractor is responsible for not accepting any such Orders.State may,at its discretion,cancel any such Order without obligation.As used above, "off-contract service"refers to any service not included in the scope of the Contract and for which no price or compensation has been established contractually,and"excluded service"refers to any service expressly excluded from the scope of the Contract. 12.5 Removal of Personnel Notwithstanding that Contractor is in every circumstance responsible for hiring,assigning, directing,managing,training,disciplining,and rewarding its personnel,State may at its discretion and without the obligation to demonstrate cause instruct Contractor to remove any of its personnel from State's facilities or from further assignment under the Contract.In such cases, Contractor shall promptly replace them with other personnel having equivalent qualifications, experience,and capabilities. 12.6 Transitions During commencement,Contractor shall attend transition meetings with any outgoing vendors to coordinate and ease the transition so that the effect on State's operations is kept to a minimum. State may elect to have outgoing vendors complete some or all of their work or orders in progress to ease the transition as is safest and most efficient in each Instance,even if that scope is covered under the Contract.Conversely,State anticipates having a continued need for the same materials and services upon expiration or earlier termination of the Contract.Accordingly,Contractor shall work closely with any new(incoming)vendor and State to ensure as smooth and complete a transfer as is practicable.State's representative shall coordinate all transition activities and facilitate joint development of a comprehensive transition plan by both Contractor and the incoming vendor.As with the incoming transition.State may permit Contractor(outgoing)to complete work or orders in progress to ease the transition as is safest and most efficient in each instance. 12.7 Accuracy of Work Contractor is responsible for the accuracy of the Services,and shall promptly make all necessary revisions or corrections resulting from errors and omissions on Its part without additional compensation.Arrnptance byState will not relieve Contractor of responsibility for correction of any errors discovered subsequently or necessary clarification of any ambiguities. 12.6 Requirements at Contractor personnel shall perform their assigned portions of the Services at the specific location Services Location Indicated in the Order(if applicable).Contractor acknowledges that the location might be inside an PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 41 of 51 Available online a t : A P P . A Z . g o v Request for Proposal „i `v Amapa Department ofAdmiriistratmn Solicitation No. State Procurementoffice _ t,,, ?% BPM000228 tooN15thAve suite 402 -� V'' Description: r Phoenix,AZ 85002 X t t '` Medium and Heavy Duty Cabs,Chassis,and Buses industrial building,institutional building,or one of various office types and classes.Additionally,if performing the Services requires Contractor personnel to work inside a secured perimeter at certain institutional facilities such as prisons where prior clearances are required,Contractor shall contact the facility directly to confirm its most-current security clearance procedures,allowable hours for work,visitor dress code,and other applicable rules.Statewill neither allow extra charges for wait time,comebacks,or the like nor excuse late performance if Contractor has failed to make the confirmation or comply with the applicable conditions. 12.9 Services Acceptance State has the right to make acceptance of Services subject to acceptance criteria.State may apply as acceptance criteria conformity to the Contract,accuracy,completeness,or other indicators of quality or other matter for which the Contract or law states a requirement,whether stated directly or by reference to another document,standard,reference specification,etc.State will not owe Contractor any payment for un-accepted Services;and State may,at its discretion,withhold or make partial payment for any rejected Services if Contractor is still in the process of re- performing or otherwise curing the grounds for State's rejection. 12.10 Corrective Action Notwithstanding any other guarantees,general warranties,or particular warranties Contractor has Required given under the Contract,if Contractor falls to perform any material portion of the Services, including failing to.complete any contractual deliverable,or if Its performance fails to meet agreed- upon service levels or service standards set out in or referred to in the Contract,then Contractor shall perform a root-cause analysis to identify the source of the failure and use all commercially reasonable efforts to correct the failure and meet the Contract requirements as promptly as is practicable. 1. Contractor shall provide to State a report detailing the identified cause and setting out its detailed corrective action plan promptly after the date the failure occurred(or the date when the failure first became apparent,if it was not apparent immediately after occurrence). 2. State may demand to review and approve Contractor's analysis and plans,and Contractor shall make any corrections State instructs and adopt State's recommendations so far as Is commercially practicable,provided that State may insist on any measures it determines within reason to be necessary for safety or protecting property and the environment. 3. Contractor shall take the necessary action to avoid any like failure in the future,if doing so is appropriate and practicable under the circumstances. 13.0 Data and Information Handling 13.1 Applicability Article 13 applies to the extent the Work includes handling of any(1)State's proprietary and sensitive data or(2)confidential or access-restricted information obtained from State or from others at State's behest. 13.2 Data Protection and Contractor warrants that it will establish and maintain procedures and controls acceptable to State Confidentiality of for ensuring that State's proprietary and sensitive data is protected from unauthorized access and Information information obtained from State or others in performance of its contractual duties is not mishandled,misused,or inappropriately released or disclosed.For purposes of this paragraph,all data created by Contractor in any way related to the Contract,provided to Contractor by State,or prepared by others for State are proprietary to State,and all information by those same avenues is State's confidential information.To comply with the foregoing warrant: 1. Contractor shall:(a)notify State immediately of any unauthorized access or inappropriate disclosures,whether stemming from an external security breach,internal breach,system failure,or procedural lapse;(b)cooperate with State to identify the source or cause of and respond to each unauthorized access or inappropriate disclosure;and(c)notify State promptly of any security threat that could result in unauthorized access or inappropriate disclosures;and 2. Contractor shall not:(a)release any such data or allow it to be released or divulge any such information to anyone other than its employees or officers as needed for each PART 2 of the Solicitation Documents SECTION 2-C:Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 42 of 51 Available online at : A P P . A Z . g o v 00"'$4 Request for Proposal � Arizona Department of Administration AT Wt Solicitation No. State Procurement Office N BPM000228 100 N 15th Ave.,Suite 402 �dJ 1.41 Description: Phoenix,AZ 85007 " 1912 * Medium and Heavy Duty Cabs, Chassis, and Buses person's individual performance of his or her duties under the Contract,unless State has agreed otherwise in advance and in writing;or(b)respond to any requests it receives from a third party for such data or information,and instead route all such requests to State's designated representative. 13.3 Personally Identifiable Without limiting the generality of paragraph 13.2,Contractor warrants that it will protect any Information. personally identifiable information("PII")belonging to State's employees'or other contractors or members of the general public that it receives from State or otherwise acquires in its performance under the Contract. For purposes of this paragraph: 1. PII has the meaning given in the[federal]Office of Management and Budget(OMB) Memorandum M-07-16 Safeguarding Against and Responding to the Breach of Personally Identifiable Information;and 2. "protect"means taking measures to safeguard personally identifiable information and prevent its breach that are functionally equivalent to those called for in that OMB memorandum and elaborated on in the[federal)General Services Administration(GSA) Directive CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information. NOTE(1):For convenience of reference only,the OMB memorandum is available at: https:i/www.whitehouse.govlsites!defau lttf leslomblmemoranda/iy2007/m07-16.pdf NOTE(2):For convenience of reference only,the GSA directive is available at: http:ilwww.gsa qov/portal/directiveidOlcontent/658222 13.4 Protected Health Contractor warrants that,to the extent performance under the Contract involves individually Information identifiable health information(referred to hereinafter as protected health information("PHI") and electronic PHI("ePHI")as defined in the Privacy Rule referred to below),it: 1. is familiar with and will comply with the applicable aspects of the following collective regulatory requirements regarding patient information privacy protection:(a)the "Privacy Rule"in CFR 45 Part 160 and Part 164 pursuant to the Health Insurance Portability and Accountability Act("HIPAA")of 1996;(b)Arizona laws,rules,and regulations applicable to PHI/ePHI that are not preempted by CFR 45-160(B)or the Employee Retirement Income Security Act of 1974("ERISA")as amended;and(c)State's current and published PHI/ePHI privacy and security policies and procedures; 2. will cooperate with State in the course of performing under the Contract so that both State and Contractor stay in compliance with the requirements in(1)above;and 3. will sign any documents that are reasonably necessary to keep both State and Contractor in compliance with the requirements in(1)above,in particular"Business Associate Agreements"in accordance with the Privacy Rule. NOTE:For convenience of reference only,the Privacy Rule is available at: http://www.hhs.gov/hipaa/for-professionals/privacy/index.html End of Section 2-B PART 2 of the Solicitation Documents SECTION 2-C: Special Terms and Conditions Template version 3.0(12-OCT-2018) Page 43 of 51 Available online a t : A P P . A Z_g o v L 8214, Request for Proposal Arizona Department of Mminlstratian kr. Solicitation No. . State Procurement Office,, war . = BPM00022$ ItDN75thnve saneaoz �./��'', Description: phaenhcAZ 85907, ' J9 , " Medium and Heavy Duty Cabs,Chassis,and Buses SECTION 2-D: Uniform Terms and Conditions Version:9(7/1/2013) y ;� rt'Afrwai'fro- *� rmt pale 1+gc»tk'� s <.,:-:i"-",':8. a:01.„I„ ^'TNS 94. ? 3'.. x r ' Ie:�7'. � 1 0'' x{}eriRnitior of Teiirns, sa"z ,-t�Sl ,e�,5,r rb ' n ,, , i f,-,4 %, �x e' ' tree , , ,C0 a"4.1',P;-&'-t . AocA cif4:fk. .r, d ,y , .iiw. Wirt,' --- 4 x,. _ r sm:- As used in the Contract,the terms listed below are defined as follows: 1.1 Attachment "Attachment'means any item the solicitation requires the Offeror to submit as part of the Offer. 1.2 Contract "Contract""means the combination of the Solicitation,including the Uniform and Special Instructions to Offerors,the Uniform and Special Terms and Conditions,and the Specifications and Statement or Scope of Work;the Offer and any Best and Final Offers;and any Solicitation Amendments or Contract Amendments. 1.3 Contract "Contract Amendment"means a written document signed by the Procurement Officer that is Amendment issued for the purpose of making changes In the Contract. 1.4 Contractor "Contractor"means any Person who has a Contract with the State. 1.5 Days "Days"means calendar days unless otherwise specified. 1.6 Exhibit "Exhibit"means any Item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation. 1.7 Gratuity "Gratuity"means a payment,loan,subscription,advance,deposit of money,services,or anything of more than nominal value,present or promised,unless consideration of substantially equal or greater value is received. 1.8 Materials "Materials"means all property,including equipment,supplies,printing,insurance and leases of property but does not include land,a permanent interest In land or real property or leasing space. 1.9 Procurement "Procurement Officer"means the person,or his or her designee,duly authorized by the State to Officer enter into and administer Contracts and make written determinations with respect to the Contract. 1.10 Services "Services"has the meaning given In A.R.S.§41-2503(35),which,for convenience of reference only,Is"...the furnishing of labor,time,or effort by(the][C]ontractor or[S}ubcontractor which does not involve the delivery of a specific end product other than required reports and performance[but]does not include employment agreements or collective bargaining agreements."Services includes Building Work and the service aspects of software described in paragraph 1.8. 1.11 State "State"means the State of Arizona and Department or Agency of the State that executes the Contract. 1.12 State Fiscal Year "State Fiscal Year"means the period beginning with July 1 and ending June 30. 1.13 Subcontract "Subcontract"means any Contract,express or implied,between the Contractor and another party or between a subcontractor and another party delegating or assigning,in whole or in part,the making or furnishing of any material or any service required for the performance of the Contract. 2.0 Contract Interpretation - , 2.1 Arizona Law The Arizona law applies to this Contract including,where applicable,the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code,Arizona Revised Statutes(A.R.S.)Title 41,Chapter 23,and its Implementing rules,Arizona Administrative Code (AA.C.)Title 2,Chapter 7. PART 2 of the Solicitation Documents: SECTION 2-D:Uniform Terms and Conditions Version 9(01-JUL-2013) Page 44 of 51 Available online at : A P P . A Z . g o v <'1l Request for Proposal z ' i•;' Arizona DepartmentofAddministration Solicitation No, 5tateProcurementOffice �y� BPM000228 = 1DO N'ISth Ave Suite 402 S Vd Description: V i Phoenix,A485007•; *1912 * Medium and Heavy Duty Cabs,Chassis, and Buses 2.2 Implied Terms Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it. 2.3 Contract Order In the event of a conflict In the provisions of the Contract,as accepted by the State and as they of Precedence maybe amended,the following shall prevail in the order set forth below: 23.1.Special Terms and Conditions; 2.3.2.Uniform Terms and Conditions; 2.3.3.Statement or Scope of Work; 2.3.4,Specifications; 2.3.5.Attachments; 2.3.6.Exhibits; 2.3.7.Documents referenced or included in the Solicitation. 2.4 Relationship of The Contractor under this Contract is an independent Contractor.Neither party to this Contract Parties shall be deemed to be the employee or agent of the other partyto the Contract. 2.5 Severability The provisions of this Contract are severable.Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.. 2.6 No Parole Evidence This Contract is intended by the parties as a final and complete expression of their agreement.No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding. 2.7 No Waiver Either party's failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even If the party accepting or acquiescing in the • nonconforming performance knows of the nature of the performance and fails to object to it. 3t0 =ebntra CtAdnnlnlstf8tloln8 nd"Operati• on ' 'tm'"ryxr.!,iy. ;(* + +`�7cA '�* rv7 `f% 3.1 Records Under A.R.S.§35-214 and§35.215,the Contractor shall retain and shall contractually require each subcontractor to retain all data and other"records"relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract.All records shall be subject to inspection and audit by the State at reasonable times.Upon request, the Contractor shall produce a legible copy of any or all such records. 32 Non-Discrimination The Contractor shall comply with State Executive Order No.2009-09 and all other applicable Federal and State laws,rules and regulations,including the Americans with Disabilities Act. 3.3 Audit Pursuant to ARS§35-214,at any time during the term of this Contract and five(5)years thereafter,the Contractor's or any subcontractor's books and records shall be subject to audit by the State and,where applicable,the Federal Government,to the extent that the books and records relate to the performance of the Contract or Subcontract. 3.4 Facilities Inspection The Contractor agrees to permit access to its facilities,subcontractor facilities and the Contractor's and MateriaisTesting processes or services,at reasonable times for inspection of the facilities or materials covered under this Contract.The State shall also have the right to test,at its own cost,the materials to be supplied under this Contract.Neither inspection of the Contractor's facilities nor materials testing shall constitute final acceptance of the materials or services.If the State determines noncompliance of the materials,the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection. 3.5 Notices Notices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract.Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person Indicated on the Solicitation cover sheet,unless otherwise stated in the Contract,An authorized Procurement Officer and an authorized Contractor representative PART 2 of the Solicitation Documents: SECTION 2-0:Uniform Terms and Conditions Version 9(01-JUL-2013) Page 45 of 51 Available online at : A P P . A Z . g o v Request for Proposal Amon&D?partment pf Admintstra;on ISolicitation No. State P.rocurementOffice BPM000228 z '`loo N 14th Ave.,Suite 462 Description: ' Phoenl;AZa5007 *1912 Medium and Heavy Duty Cabs,Chassis,and Buses - ,} . - - - may change their respective person to whom notice shall be given by written notice to the other and an amendment to the Contract shall not be necessary. 3.6 Advertising,Publishing The Contractor shall not use,advertise or promote Information for commercial benefit concerning and Promotion of this Contract without the prior written approval of the Procurement Officer. Contract 3.7 Property of the State Any materials,including reports,computer programs and other deliverables,created under this Contract are the sole property of the State.The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else.The Contractor shall not use or release these materials without the prior written consent of the State. 3.8 OwnershIp of Any and all intellectual property,including but not limited to copyright,invention,trademark, Intellectual Property trade name,service mark,and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract("Intellectual Property"),shall be work made for hire and the State shall be considered the creator of such Intellectual Property.The agency,department, division,board or commission of the State of Arizona requesting the issuance of this contract shall own(for and on behalf of the State)the entire right,title and interest to the Intellectual Property throughout the world.Contractor shall notify the State,within thirty(30)days,of the creation of any Intellectual Property by it or its subcontractor(s).Contractor,on behalf of itself and any subcontractor(s),agrees to execute any and all document(s)necessary to assure ownership of the Intellectual Property vests in the State and shall take no affirmative actions that might have the effect of vesting all or part of the Intellectual Property In any entity other than the State.The Intellectual Property shall not be disclosed by contractor or its subcontractor(s)to any entity not the State without the express written authorization of the agency,department,division,board or commission of the State of Arizona requesting the issuance of this contract. 3.9 Federal Immigration The contractor shall comply with all federal,state and local immigration laws and regulations and Nationality Act relating to the immigration status of their employees during the term of the contract.Further,the contractor shall flow down this requirement to ail subcontractors utilized during the term of the contract.The State shall retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance.Should the State determine that the contractor and/or any subcontractors be found noncompliant,the State may pursue all remedies allowed by law,including,but not limited to;suspensionof work, termination of the contract for default and suspension and/or debarment of the contractor. 3.10 EVerify Requirements In accordance with A.R.S.§41-4401,Contractor warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Section A.R.S.§23- 214,Subsection A. 3.11 Offshore Performance Any services that are described in the specifications or scope of work that directly serve the State of Work Prohibited. of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States.Unless specifically stated otherwise in the specifications,this paragraph does not apply to Indirect or'overhead'services, redundant back-up services or services that are incidental to the performance of the contract.This provision applies to work performed by subcontractors at all tiers. 4.0 Costs and Payments 41 Payments Payments shall comply with the requirements of A.R.S.Titles 35 and 41,Net 30 days.Upon receipt and acceptance of goods or services,the Contractor shall submit a complete and accurate invoice for payment from the State within thirty(30)days. 4.2 Delivery Unless stated otherwise in the Contract,all prices shall be F.O.B.Destination and shall include all freight delivery and unloading at the destination. 4.3 Applicable Taxes 4.3.1.Payment of Taxes.The Contractor shall be responsible for paying all applicable taxes. 4.3.2.State and Local Transaction Privilege Taxes.The State of Arizona Is subject to all applicable state and local transaction privilege taxes.Transaction privilege taxes apply to the sale and are the responsibility of the seller to remit.Failure to collect such taxes from the buyer does PART 2 of the Solicitation Documents: SECTION 2-0:Uniform Terms and Conditions Version 9(01-JUL-2013) Page 46 of 51 Available online at : A P P . A Z . g o v �` Request for Proposal �, t =- ArizonaDepertmentaf Adn;mistrat,on K ��■' n. Bs Solicitation No. __�„ �: State Procurement Office e v"y"?: ,�+ BPM000228 too rvist Ave surteaaz • %*.C.; .1 Description: PhoenicA2aso07'` *19? 8 Medium and Heavy Duty Cabs,Chassis,and Buses not relieve the seller from Its obligation to remit taxes. 4.3.3.Tax Indemnification.Contractor and all subcontractors shall pay all Federal,state and local taxes applicable to Its operation and any persons employed by the Contractor.Contractor shall,and require all subcontractors to hold the State harmless from any responsibility for taxes,damages and Interest,if applicable,contributions required under Federal,and/or state and local laws and regulations and any other costs including transaction privilege taxes,unemployment compensation Insurance,Social Security and Worker's Compensation. 4.3.4.IRS W9 Form.In order to receive payment the Contractor shall have a current I.R.S.W9 Form on file with the State of Arizona,unless not required by law 4.4 Availability of Funds Funds may not presently be available for performance under this Contract beyond the current far the Next State fiscal state fiscal year.No legal liability on the part of the State for any payment may arise under this year Contract beyond the current state fiscal year until funds are made available for performance of this Contract. 4.5 Availability of Funds Should the State Legislature enter back into session and reduce the appropriations or for any far the current State reason and these goods or services are not funded,the State may take any of the following fiscal year actions: 4.5.1.Accept a decrease in price offered by the contractor; 4.5.2.Cancel the Contract;or 4.5.3.Cancel the contract and re-solicit the requirements F —t 'l { k1` i •5 4J sit {< Y :t,Ay `Y1 L 5`0 Contract Changes t S�w� 1 '� • a tt 5.1 Amendments This Contract Is Issued under the authority of the Procurement Officer who signed this Contract. The Contract may be modified only through a Contract Amendment within the scope of the Contract.Changes to the Contract,including the addition of work or materials,the revision of payment terms,or the substitution of work or materials,directed by a person who is not specifically authorized by the procurement officer in writing or made unilaterally by the Contractor are violations of the Contract and of applicable law.Such changes,including unauthorized written Contract Amendments shall be void and without effect,and the Contractor shall not be entitled to any claim under this Contract based on those changes. 5.2 Subcontracts The Contractor shall not enter into any Subcontract under this Contract for the performance of this contract without the advance written approval of the Procurement Officer.The Contractor shall clearly list any proposed subcontractors and the subcontractor's proposed responsibilities. The Subcontract shall incorporate by reference the terms and conditions of this Contract. 5.3 Assignment and The Contractor shall not assign any right nor delegate any duty under this Contract without the Delegation prior written approval of the Procurement Officer.The State shall not unreasonably withhold approval. .6:0 Risk and Liability 6.1 Risk of Loss The Contractor shall bear all loss of conforming material covered under this Contract until received by authorized personnel at the location designated in the purchase order or Contract.Mere receipt does not constitute final acceptance.The risk of loss for nonconforming materials shall remain with the Contractor regardless of receipt. 6.2 Indemnification 6.2.1.Contractor/Vendor Indemnification(Not Public Agency)The parties to this contract agree that the State of Arizona,Its departments,agencies,boards and commissions shall be indemnified and held harmless by the contractor for the vicarious liability of the State as a result of entering into this contract.However,the parties further agree that the State of Arizona,its departments,agencies,boards and commissions shall be responsible for its own negligence.Each party to this contract is responsible for its own negligence. 6.2.2.Public Agency Language Only Each party(as'indemnitor')agrees to indemnify,defend,and hold harmless the other party(as'indemnitee)from and against any and all claims,losses, liability,costs,or expenses(Including reasonable attorney's fees)(hereinafter collectively PART 2 of the Solicitation Documents: SECTION 2-0: Uniform Terms and Conditions Version 9(01-1UL-2013) Page 47 of 51 Available online at : A P P . A Z . g o v Request for Proposal F Antuna Departrnentof Administration °+ Solicitation No. '" State Procurement Office � � ,� BPM000228 • , tooitiStnAve Suite 40? �y dy V1' Description: ''x Phoenix,A2850er *rs a * Medium and Heavy Duty Cabs,Chassis,and Buses referred to as'claims')arising out of bodily injury of any person(including death)or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee,are caused by the act,omission,negligence,misconduct,or other fault of the indemnitor,its officers,officials,agents,employees,or volunteers." 6.3 indemnification— The Contractor shall indemnify and hold harmless the State against any liability,including costs Patent and Copyright and expenses,for infringement of any patent,trademark or copyright arising out of Contract performance or use by the State of materials furnished or work performed under this Contract. The State shall reasonably notify the Contractor of any claim for which it may be liable under this paragraph.If the contractor is insured pursuant to A.R.S.4 41-621 and 4 35-154,this section shall not apply. 6.4 Force Majeure 6.4.1 Except for payment of sums due,neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of force majeure.The term"force majeure"means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence.Without limiting the foregoing,force majeure includes acts of God;acts of the public enemy;war;riots;strikes;mobilization;labor disputes;civil disorders;fire;flood; lockouts;injunctions-intervention-acts;or failures or refusals to act by government authority;and other similar occurrences beyond the control of the party declaring force majeure which such party is unable to prevent by exercising reasonable diligence. 6.4.2.Force Majeure shall not Include the following occurrences: 6.4.2.1.late delivery of equipment or materials caused by congestion at a manufacturer's plant or elsewhere,or an oversold condition of the market; 6.4.2.2.Late performance by a subcontractor unless the delay arises out of a force majeure occurrence in accordance with this force majeure term and condition; or 6.4.2.3.Inability of either the Contractor or any subcontractor to acquire or maintain any required Insurance,bonds,licenses or permits. 6.4.3.If either party is delayed at any time in the progress of the work by force majeure,the delayed party shall notify the other party In writing of such delay,as soon as is practicable and no later than the following working day,of the commencement thereof and shall specify the causes of such delay in such notice.Such notice shalt be delivered or mailed certified-return receipt and shall make a specific reference to this article,thereby invoking its provisions.The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so.The time of completion shall be extended by Contract Amendment for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 6.4.4.Any delay or failure in performance by either party hereto shall not constitute default hereunder or give rise to any claim for damages or loss of anticipated profits if,and to the extent that such delay or failure is caused by force majeure. 6.5 Third Party Antitrust The Contractor assigns to the State any claim for overcharges resulting from antitrust violations Violations to the extent that those violations concern materials or services supplied by third parties to the Contractor,toward fulfillment of this Contract. ,7.0 Warranties . • 7.1 Uens The Contractor warrants that the materials supplied under this Contract are free of liens and shall remain free of liens. 7.2 Quality Unless otherwise modified elsewhere In these terms and conditions,the Contractor warrants that, for one year after acceptance by the State of the materials,they shall be: 7.2.1.Of a quality to pass without objection In the trade under the Contract description; 7.2.2.Fit for the Intended purposes for which the materials are used; PART 2 of the Solicitation Documents: SECTION 2-D:Uniform Terms and Conditions Version 9(O1-JUL-2013) Page 48 of 51 Available online a t : A P P . A Z . g o v Request for Proposal - Arlmnaepartment otAdmtiiistratWn - -. • Solicitation No. $tateProcurementOffice t R V - BPM000228 3 100 N 15th Ave Suite 402 - Phcemx AZ 85007 ma r Description: *19 2 Medium and Heavy.Duty Cabs,Chassis,and Buses 7.2.3.Within the variations permitted by the Contract and are of even kind,quantity,and quality within each unit and among all units; 7.2.4.Adequately contained,packaged and marked as the Contract may require;and 72.5.Conform to the written promises or affirmations of fact made by the Contractor, 7.3 Fitness The Contractor warrants that any material supplied to the State shall fully conform to all requirements of the Contract and all representations of the Contractor,and shall be fit for all purposes and uses required by the Contract. 7.4 Inspection/Testing The warranties set forth In subparagraphs 7.1 through 7.3 of this paragraph are not affected by inspection or testing of or payment for the materials by the State. 7.5 Compliance The materials and services supplied under this Contract shall comply with all applicable Federal, with Laws state and local laws,and the Contractor shall maintain all applicable license and permit requirements. 7.6 Survival of Rights and 7.6.1.Contractor's Representations and Warranties.All representations and warranties made by Obligations after the Contractor under this Contract shall survive the expiration or termination hereof.In Contract Expiration or addition,the parties hereto acknowledge that pursuant to A.A.S.§12-510,except as Termination provided in ABS.. . §12-529,the State is not subject to or barred by any limitations of actions prescribed in A.R.S.,Title 12,Chapter 5. 7.6.2.Purchase Orders.The Contractor shall,in accordance with all terms and conditions of the Contract,fully perform and shall be obligated to comply with all purchase orders received by the Contractor prior to the expiration or termination hereof,unless otherwise directed in writing by the Procurement Officer,including,without limitation,all purchase orders received prior to but not fully performed and satisfied at the expiration or termination of this Contract , ' f% tp Na 't + Y r14 -TW .8101e States Contractual"Remedies, - 8.1 Right to If the State In good faith has reason to believe that the Contractor does not intend to,or is unable Assurance to perform or continue performing under this Contract,the Procurement Officer may demand in writing that the Contractor give a written assurance of Intent to perform.Failure by the Contractor to provide written assurance within the number of Days specified in the demand may,at the State's option,be the basis for terminating the Contract under the Uniform Terms and Conditions or other rights and remedies available by law or provided by the contract. 8.2 Stop Work Order 8.2.1.The State may,at any time,by written order to the Contractor,require the Contractor to stop all or any part,of the work called for by this Contract for period(s)of days indicated by the State after the order Is delivered to the Contractor.The order shall be specifically identified as a stop work order Issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the Incurrence of costs allocable to the work covered by the order during the period of work stoppage. 8.2.2.if a stop work order issued under this clause is canceled or the period of the order or any extension expires,the Contractor shall resume work.The Procurement Officer shall make an equitable adjustment in the delivery schedule or Contract price,or both,and the Contract shall be amended in writing accordingly. 8.3 Non-exclusive The rights and the remedies of the State under this Contract are not exclusive. Remedies 8.4 Nonconforming Tender Materials or services supplied under this Contract shall fully comply with the Contract.The delivery of materials or services or a portion of the materials or services that do not fully comply constitutes a breach of contract.On delivery of nonconforming materials or services,the State may terminate the Contract for default under applicable termination clauses in the Contract, exercise any of its rights and remedies under the Uniform Commercial Code,or pursue any other right or remedy available to it. PART 2 of the Solicitation Documents: SECTION 2-D: Uniform Terms and Conditions Version 9(01-JUL-2013) Page 49 of 51 Available online a t : A P P . A Z . g a v Request for Proposal v Arizona Department ofAdminutration 07 •--i;. Solicitation No. State Procurement Office �° BPM000228 1009i5thnve.;sutte4o2 -‘telt;‘" Description: "Phoenix AZasoo ` 1912 Medium and Heavy Duty Cabs,Chassis,and Buses 8.5 Right of Offset The State shall be entitled to offset against any sums due the Contractor,any expenses or costs incurred by the State,or damages assessed by the State concerning the Contractor's non- conforming performance or failure to perform the Contract,including expenses,costs and damages described in the Uniform`Terms and Conditions. - AaHi'.J� 'r'aT y,4- r X,.?A+x Y"4 F T >{ �!Sr�" Se,4•••-4.!, ,< T ' r x ;0. I'll 9rQrtiGeaan "'traaTerminatiort- rt...�.z. 9.1 Cancellation for Pursuant to A.R.S.§38-511,the State may cancel this Contract within three(3)years after Conflict of interests Contract execution without penalty or further obligation if any person significantly involved in Initiating,negotiating,securing,drafting or creating the Contract on behalf of the State is or becomes at any time while the Contract or an extension of the Contract Is in effect an employee of or a consultant to any other party to this Contract with respect to the subject matter of the Contract.The cancellation shall be effective when the Contractor receives written notice of the cancellation unless the notice specifies a later time.If the Contractor Is a political subdivision of the State,it may also cancel this Contract as provided in A.R.S.§38.511. 9.2 Gratuities The State may,by written notice,terminate this Contract,in whole or in part,if the State determines that employment or a Gratuity was offered or made by the Contractor or a representative of the Contractor to any officer or employee of the State for the purpose of influencing the outcome of the procurement or securing the Contract,an amendment to the Contract,or favorable treatment concerning the Contract,including the making of any determination or decision about contract performance.The State,In addition to any other rights or remedies,shall be entitled to recover exemplary damages in the amount of three times the value of the Gratuity offered by the Contractor. 9.3 Suspension or The State may,by written notice to the Contractor,immediately terminate this Contract if the Debarment State determines that the Contractor has been debarred,suspended or otherwise lawfully prohibited from participating in any public procurement activity,including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. Submittal of an offer or execution of a contract shall attest that the contractor is not currently suspended or debarred.If the contractor becomes suspended or debarred,the contractor shall immediately notify the State. 9.4 Termination for The State reserves the right to terminate the Contract,in whole or in part at any time when in the Convenience best interest of the State,without penalty or recourse.Upon receipt of the written notice,the Contractor shall stop all work,as directed In the notice,notify all subcontractors of the effective date of the termination and minimize all further costs to the State.In the event of termination under this paragraph,all documents,data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State upon demand.The Contractor shall be entitled to receive just and equitable compensation for work in progress,work completed and materials accepted before the effective date of the termination.The cost principles and . procedures provided in A.A.C.82-7-701 shall apply. 9.5 Termination for 9.5.1.In addition to the rights reserved in the contract,the State may terminate the Contract in Default whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract,to acquire and maintain all required insurance policies,bonds,licenses and permits,or to make satisfactory progress in performing the Contract.The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. 9.5.2.Upon termination under this paragraph,all goods,materials,documents,data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the State on demand. 9.5.3.The State may,upon termination of this Contract,procure,on terms and in the manner that it deems appropriate,materials or services to replace those under this Contract.The Contractor shall be liable to the State for any excess costs incurred by the State in procuring materials or services in substitution for those due from the Contractor. 9.6 Continuation of The Contractor shall continue to perform,in accordance with the requirements of the Contract,up PART 2 of the Solicitation Documents: SECTION 2-D:Uniform Terms and Conditions Version 9(01-JUL-2013) Page 50 of 51 Available online at : A P P . A Z . g o v Request for Proposal ` Y y—L, AnzonaOepartmnt eofAdministrebon r Solicitation No. ' ' �� � � t State P.tocurement Office Cf. BPM000228 rr 1oanissieve,sutte4az Description: , �. Phoenix,A?859$71::1: 4,49 a s Medium and Heavy Duty Cabs,Chassis,and Buses #:..t*:;.,:#4,-- - .:=L".;::‘-'''-;: ,..Y,, , Y , , Performance Through to the date of termination,as directed In the termination notice. Termination r u t ., '344e:41. : 1'1!MISS Ct�,C.81fY1S .11t `Y;.. & 1kn t t W4u- `�Y" -x:( t , 4 x'" a ', x 10.1 Contract Claims All contract claims or controversies under this Contract shall be resolved according to A.R.S.Title 41,Chapter 23,Article 9,and rules adopted thereunder. i ; . ..lt*i. 4 1k1 0 A, bitfratl-n � ;i ,' . "'� ' o." %" ,'t"R = of�H �� Request for Proposal v Arizona Department of y- Solicitation No. Administration BPM000228 State Procurement Office 100 N 15th Ave.,Suite 402 a►, Description: ion AZ 85007 4412 Medium and Heavy Duty Cabs, Chassis, and Buses Part 3 of the Solicitation CONTENTS: SECTION 3-A: INSTRUCTIONS TO OFFERORS 2 SECTION 3-B: OFFER FORMS (ATTACHMENTS) 13 ATTACHMENT 1 OFFER AND ACCEPTANCE FORM 14 ATTACHMENT 2-A.... EXPERIENCE AND CAPACITY QUESTIONNAIRE 15 ATTACHMENT 2-B.... ORGANIZATION PROFILE 20 ATTACHMENT 3-A.... METHOD PROPOSAL (METHOD OF APPROACH) 22 ATTACHMENT 3-B.... KEY PERSONNEL PROPOSAL 23 ATTACHMENT 3-C ... PROPOSED SUBCONTRACTORS 26 ATTACHMENT 3-D ... BOYCOTT OF ISRAEL DISCLOSURE 27 ATTACHMENT 4 PRICING SHEET 28 ATTACHMENT 5-A.... CONFIDENTIAL INFORMATION DESIGNATION 29 ATTACHMENT 5-B.... CONFORMANCE STATEMENTS 31 ATTACHMENT 5-C ... INSURANCE 35 ATTACHMENT 5-D ... OFFER CHECKLIST 36 PART 3 of the Solicitation Documents Table of Contents ^ Template version 3.0(12-OCT-2018) Page 1 of 36 vi Available online at : A P P . A Z . a o v Of= Request for Proposal Arizona Department of Administration H ! „ Solicitation No. State Procurement Office .;' Z N BPM000228 100N 15th Ave.,Suite 402 wt►,� "�' �^4f5Description: Phoenix,AZ 85007 * 1912 ' Medium and Heavy Duty Cabs, Chassis, and Buses Section 3-A: Instructions to Offerors 1 .0 Definition of Terms As used in these Instructions to Offerors, the terms listed below are defined as follows: 1.1 Arizona "Arizona Procurement Code"means, collectively, Title 41 Chapter 23, et. sequitur, in Procurement the Arizona Revised Statutes(abbreviated "A.R.S.")and administrative rules R2-7-101 Code; et. sequitur in the Arizona Administrative Code(abbreviated"A.A.C."). A.R.S.; NOTE: There are frequent references to the Arizona Procurement Code throughout the A.A.C. Solicitation Documents, therefore, you will need to be familiar with its provisions to be able to understand the Solicitation Documents fully. The Arizona Department of Administration State Procurement Office provides a reference compilation of the Arizona Procurement Code on its website: https.,,spo.az.gov/administration-policy/state-procurement-resource/procurement-requlations The Arizona State Legislature provides the official A.R.S.online at: http://www.azleq.qov/ArizonaRevisedStatutes asp The Office of the Arizona Secretary of State provides the official A.A.C. online at: http://www.azsos.qov/rulesiarizona-administrative-code 1.2 Clarifications "Clarifications" means, per A.A.C. R2-7-C313, communications between the Procurement Officer and Offeror for the purpose of providing a greater mutual understanding of the Offer. Clarifications may include demonstrations, questions and answers, or elaborations on previously-submitted information. 1.3 Contract "Contract" is defined in paragraph 1.2 of the Uniform Terms and Conditions. 1.4 Contract "Contract Amendment"is defined in paragraph 1.3 of the Uniform Terms and Amendment Conditions. 1.5 Contract Terms Contract Terms and Conditions" is defined in paragraph 1.8 of the Special Terms and and Conditions Conditions. 1.6 Contractor "Contractor" is defined in paragraph 1.4 of the Uniform Terms and Conditions. 1.7 Evaluation "Evaluation" means, per A.A.C. R2-7-316, the process whereby the Procurement Officer will determine which Responsive offers, revised offers, and best and final offers are the most advantageous to State taking into consideration the evaluation factors set forth in the Solicitation Documents. 1.8 Negotiation "Negotiation" means, per A.A.C. R2-7-101(32), an exchange or series of exchanges between State and an offeror for the purposes set forth in A.A.C. R2-7-C314. 1.9 Not Susceptible "Not Susceptible for Award" means, per A.A.C. R2-7-C311, that the relevant offer has for Award been determined by the Procurement Officer to fail one or more of the tests and comparisons set forth therein. NOTE: A determination of Not Susceptible for Award and a determination of Responsive are mutually exclusive. PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors ^ Template version 3.0(12-OCT-2018) Page 2 of 36 3 Available online at : A P P . A Z . g o v 011 Request for Proposal °T "- . Arizona Department of AEministration Solicitation No.�� .�, i_o Statei?rocurement Office,- BPM000228 " '�Vry` 100N 15th Ave Suite 402 g' 1t Description: 4 Phoenix AZ 85007 *191. * Medium and Heavy Duty Cabs, Chassis, and Buses 1.10 Offer: "Initial Offer"means, per A.A.C.R2-7-101(33), Offerors proposal submitted to State in Initial Offer; response to the Solicitation,as initially submitted. Revised Offer; "Revised Offer"means anyrevised versions of the Initial Offer that Offeror has Best and Final Offer(BAFO) submitted to State at State's request as permitted under A.A.C.R2-7-C314 and R2-7- C315. "Best and Final Offer"("BAFO")means,per A.A.C.R2-7-101(8),the Revised Offer submitted after negotiations have been completed that contain Offerors most favorable terms for price,service,and products to be delivered. Reference to"an Offer,"the Offer,"or"your Offer"means any of the Initial Offer,a Revised Offer,or the Best and Final Offer. 1.11 Offeror "Offeror"is the Person submitting an Offer, instructions addressed to"you"and references to"your items are to be construedas being synonymous with"Offeror"and "Offerors"throughout these Instructions to Offerors. 1.12 Pricing Document "Pricing Document"means Section 2-B of the Solicitation Documents. Also known as Pricing Document as defined in the Special Terms and Conditions. 1.13 The State's e- "The State's e-Procurement System"is defined in paragraph 1.16 of the Special Terms Procurement and Conditions. System 1.14 Procurement "Procurement Officer"means the person,or his or her designee,who has been duly Officer authorized by State to administer the Solicitation and make written determinations with respect to the Solicitation.The Procurement Officer is identified in The State's e- Procurement System. 1.15 Solicitation "Solicitation"means this procurement solicitation,which State is issuing as either. 1. an invitation for bids("IFB")under A.R.S.§41-2533; 2. a request for proposals("RFP")under A.R.S.§41-2534; 3. a request for quotations("RFQ")under A.R.S.§41-2535;or 4. a request for qualifications under A.R.S.§41-2558. Refer to the Solicitation Summary for which of the foregoing is this Solicitation. 1.16 Solicitation "Solicitation Amendment"means, per A.A.C. R2-7-303,a change to the Solicitation that Amendment has been issued by Procurement Officer. 1.17 Solicitation "Solicitation Summary"means Section 1 of the Solicitation Documents. Summary 1.18 State "State"is defined in paragraph 1.11 of the Uniform Terms and Conditions. 1.19 Subcontract "Subcontract"is defined in paragraph 1.13 of the Uniform Terms and Conditions. 1.20 Subcontractor "Subcontractor is defined in paragraph 1.19 of the Special Terms and Conditions. 1. 2.0 ,Solicitation Inquiries • 2.1 Duty to Examine the entire Solicitation,obtain clarification in writing for any questions or Examine concerns by submitting Inquiries,then examine your Offer thoroughly and carefully for completeness and accuracy before submitting it.Lack of care in preparing an Offer will not be grounds for modifying or withdrawing it after the due date and time. PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 3 of 36 Available online a t : A P P . A Z . q o v oF�HE � Request for Proposal Arizona Department of Administration : Solicitation No. State Procurement Office 454:-M BPM000228 100 N 15th Ave.,Suite 402 It> 14:074-41 4— Description: Phoenix,AZ 85007 * 491 Medium and Heavy Duty Cabs, Chassis, and Buses 2.2 State Contact Direct all inquiries related to the Solicitation to Procurement Officer, including requests Person for or inquiries regarding standards referenced in the Solicitation.Apart from the State's e-Procurement System Help Desk, do not contact any State personnel other than Procurement Officer concerning the Solicitation while it is in progress,through and including award. 2.3 Submission Submit all inquiries related to the Solicitation in The State's e-Procurement System. of Inquiries The Procurement Officer will not respond to inquiries received in any other manner. 1. Submit technical inquiries about navigating and/or submitting proposals in the State's e-Procurement System to the State's e-Procurement System Help Desk: • by phone at(602)542-7600,option2; or • by email to https://app@_azdoa.00v. 2. Submit all other inquiries about the Solicitation using the"Discussions with Buyer"tab in the State's e-Procurement System.Always refer to the appropriate Solicitation document by page and paragraph number. Except for technical inquiries about navigating and/or submitting proposals in the State's e- Procurement system, the State is not responsible for responding to any inquiries submitted less than 3(three)business days before the offer due date and time. 2.4 Timeliness Any inquiry or exception to the solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. 2.5 Verbal or Email An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry Responses does not constitute a modification of the solicitation. 2.6 Solicitation Only a Solicitation Amendment issued in The State's e-Procurement System can Amendments change the Solicitation. 2.7 Pre-Offer No Pre-Offer Conference will be held for this solicitation. Conference 3.0 Offer Preparation 3.1 Online Documents The Solicitation Documents are only provided online in The State's e-Procurement System; State will not provide any printed copies or other formats. 3.2 Electronic When submitting an Offer, only include files that are Microsoft Word documents, Excel Submissions workbooks, or PowerPoint presentations and Adobe Acrobat documents. Obtain advance approval before submitting files in any other format. 3.3 Deviations in When submitting an Offer, clearly indicate in writing any deviations from the Offer Specifications or other Solicitation technical requirements documents.Any un-identified deviation will be deemed void upon submission. NOTE: Deviations are technical exceptions of a significant but not material nature, typically having to do with part/model numbers, details of attachments, mountings, clearances, internal configurations,etc., and are not to be confused with the material exceptions covered in paragraph 3.5. 3.4 Evidence of Intent Every one of your Offer submissions(e.g. initial submission and any subsequent re- submission)must contain Attachment 1 [Offer and Acceptance Form]with a signature PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors • Template version 3.0 (12-OCT-2018) Page 4 of 36 ) Available online a t : A P P . A Z . g o v Request for Proposalallik A¢one-0apartmentcif Administration J • Solicitation No. State Procurement Office BPM000228 , 10dN15ib Ave Sulte402 d� ' Description: ° ';Phceniz AZ 85001 J rst_ • Medium and Heavy Duty Cabs, Chassis, and Buses by your duly authorized officer,executive, principal,or agent.The signature will be deemed to signify your Intent to be bound by that Offer and the terms of the Solicitation, and your representation that the information you have provided in that Offer is true and accurate. 3.5 Exceptions to If you are submitting an Offer conditioned on exceptions to the Solicitation Documents, Solicitation indicate NO on Attachment 5-B[Conformance Statement]and provide the required Documents justification.Any exceptions taken elsewhere in an Offer or any of your preprinted or standard terms will be void in that Offer and without fome or effect in any resulting contract. 3.6 Insurance Provide the evidence of Insurance availability,evidence of Insurance in place,evidence and Bonds of bonding capacity,bonds in hand,or other security that are called for in Attachment 5- C [Insurance and Bonding Evidence]. If you intend to withhold or redact any element of your evidence of insurance policy compliance required by Section 6.2 of the Special Terms and Conditions[Contractor Insurance Requirements]on the grounds that it is confidential information,then you must claim It as such and submit the necessary substantiated justification with each Offer using,Attachment 5-A[Designation of Confidential Information]and as per Instruction 4.7 Confidential Documents below. Unless Procurement Officer has determined that your evidence documentation,or some or all your Insurance program,is confidential information under paragraph 4.7, refusing after contract award to provide the complete,un-redacted copies of policies as called for in that exhibit will be a material breach of the Contract. 3.7 Identification of State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use Taxes In Offer taxes,as described in the Contract Terms and Conditions. 3.8 Excise Tax State is exempt from certain federal excise tax on manufactured goods;State will provide the necessary exemption certificates as evidence to the extent exemption applies to the Work. 3.9 Tax You must provide to State your federal employer Identification number or social security Identification number for the purposes of reporting monies paid under the Contract to appropriate taxing authorities.The submission is mandatory under 26 U.S.C.§6041A. If the identifier provided is a social security number,State shall only use it for tax reporting purposes and only share it with appropriate government officials. 3.10 Disclosure If you are submitting an Offer despite having been debarred,suspended or otherwise lawfully precluded from participating in any public procurement activity,including being disapproved as a subcontractor with any federal,state or local government,or if any such preclusion from participation from any public procurement activity is currently pending,then you must provide with that Offer the name and address of the governmental unit, the effective date,duration, and circumstances of the suspension, debarment,or other preclusion,and your justification for State to consider the Offer despite the suspension,debarment, or other preclusion.Include in your disclosure any suspension,debarment,or other preclusion that is pending, but indicate that it is pending. 3.11 Federal By signing an Offer,you will be deemed to have represented that both you and all your Immigration Laws proposed subcontractors are in compliance with federal immigration laws and regulations relating to the immigration status of their personnel.State may,at its discretion,demand evidence of compliance.during Evaluation,which you must provide PART 3 of the Solicitation Documents SECTION 3-A:Instructions to Offerors Template version 3.0(12-OCT-2018) Page 5 of 36 Available online at : A P P . A Z , Q o v Request for Proposal w� -tea,� q,, Arizona Oepanment of Administration' � Solicitation No. State Procurement Office, BPM000228 o'er r 100N oenix A 5SOO7 D2 v ` Description: Phoenix AZ ebbW 1 " ' Medium and Heavy Duty Cabs, Chassis, and Buses promptly.Not providing the evidence will be grounds for Procurement Officer to determine that the Offer Is Not Susceptible for Award. 3.12 Cost of Offer State will not reimburse to you or any of your prospective subcontractors,suppliers,or Preparation consultants any costs associated with responding to the Solicitation. 3.13 Offshore Any services that are described in the specifications or scope of work that directly serve Performance of the State of Arizona or its clients and involve access to secure or sensitive data or Work Prohibited personal client data shall be performed within the defined territories of the United States. Unless specifically stated otherwise in the specifications,this paragraph does not apply to indirect or'overhead'services,redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the proposal. 4'0w Subrntsslon4P Rt'ffer , ' ;13 .; ? ' .A t; .5, 4.1 Required Offer INITIAL SUBMISSION: Content Submit all of the Initial Offer content called for in Section 3-B:Offer Forms (Attachments). BEST and FINAL OFFER Best and Final Offer(BAFO)must contain all of the Attachments indicated in the applicable Procurement Officer request for a Submitted Offer. Make revisions in response to the negotiations/discussions and the Procurement Officer's Request for Best and Final Offer in all applicable documents and pricing grid in the State's e- procurement system. 4.2 Attachment Forms If an Attachment indicates that a"Form"is being provided for an Attachment,then the Solicitation includes the required form and format for submitting the Attachment.No other form or format will be accepted,and your Offer can be determined to be Not Susceptible for Award if you submit an unofficial form. If, however,the Solicitation Documents indicate that you are allowed to attach additional documents regarding a particular question or line item,then doing so will be acceptable so long as the filled-out Attachment clearly states"See Attachment X Supplement(#1 of 2)",etc.,and the additional document is clearly marked as "Attachment X Supplement(#1 of 2),"etc. NOTE(1): Each Form has a blank space to list your Attachment Supplements. NOTE(2):You must upload each such"additional"document as an individual file and name the file to match the document title. NOTE(3): Do not include non-specific marketing materials in an Offer. If something is not specifically called for,then including it will not be helpful during Evaluation,and might in fact be grounds for down-grading if it does not address your experience and capacity to carry out the work for this Solicitation. 4.3 Pricing Pricing must be shown in the EXCEL document titled as follows: Attachment 4 Pricing 4.4 Submission Submit each Offer online in The State's e-Procurement System before the"Bid Opening Date"Indicated for the"Solicitation No."State will not consider a proposal PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 6 of 36 Available online at : A P P . A Z . q o v - •E Request for Proposal QAmnna Department of FytlminlsVaOon, " Solicitation ` Solicitation No. State Procurement Office- pN BPM000228 100N15th Ave Su Ile ,% *F'p Description: • Phoenix AZ 85007 Inr • Medium and Heavy Duty Cabs, Chassis, and Buses submitted by any other method other than The State's e-Procurement System,and it will be deemed void upon submission.By A.A.C.R2-7-C307,State will not consider later offers.State will give no extension or grace period for delays or incomplete proposals caused by Internet connectivity problems,file uploading difficulties,or misunderstanding of the requirements or procedures for online submission in The State's e-Procurement System.If your proposal is not submitted correctly,completely, and In conformance to these Instructions herein,then Procurement Officer may determine it Not Susceptible for Award. NOTE: Using the State's e-Procurement System requires a certain level of technical competency;select your staff to submit proposals and handle other Solicitation general matters in The State's e-Procurement System carefully,since the State's e- Procurement System Help Desk cannot do any of the required actions for you. 4.5 Solicitation Acknowledge each Solicitation Amendment In The State's e-Procurement Amendments System.By A.A.C.R2-7-C303(C),you must acknowledge every Solicitation Amendment issued as of the due date and time for an Offer to be Responsive.To be Responsive you must submit or re-submit your offer. If you have submitted your proposal early,you must be alert for subsequent Solicitation Amendments if one Is issued after your submission but before offer due date and time,then the Procurement Officer may determine the Offer to be Not Responsive If you have not acknowledged it. 4.6 Amending or You cannot amend or withdraw a submitted proposal after the offer due date and time Withdrawing unless expressly permitted under applicable law. 4.7 Confidential If you believe that a portion of your Offer(or a protest or other correspondence) information contains a trade secretor other manner of your proprietary information,you must: 1. indicate on Attachment 5-A[Designation of Confidential Information]that your proposal contains such claimed confidential information;and 2. designate clearly throughout the Offer each Instance of that trade secret or other proprietary information In the other portions of your proposal using the tern 'confidential." Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under A.A.C.R2-7-C317—Attachment 5-A must be accompanied by a.detalled explanation as to why each Item or category of items in the proposal should be designated confidential Information. Submit Confidential Information/Documentation as a Supplement(s)to Section 5- A. p0 NOT Incorporate information you are requesting to be determined as Confidential In any other section of your response. If the Confidential Information Is to be responsive to another Section/Ouestion,simply provide a statement providing the Section 5-A Supplement Title to be reviewed by the Evaluators. Procurement Officer shall review your claim of confidentiality and provide a written determination; until a written determination has been made,Procurement Officer shall not disclose the claimed Information to anyone who does not have a legitimate State interest. If Procurement Officer denies the claim of confidentiality,you may appeal the determination to the State Procurement Administrator within the time specified in the determination. NOTE:Contract terms and conditions, pricing,and information generally available to the public are not and will not be designated confidential information. PART 3 of the Solicitation Documents SECTION 3-A:Instructions to Offerors Template version 3.0(12-OCT-2018) Page 7 of 36 Available online at : A P P . A Z . Q o v o� St, Request for Proposal "_ 'Arizona pepartment of Administration �' '' Solicitation No. , T_, State Procurement Office „._=�., BPM000228 �ooN�smave suteao2 '3 `b' .1 Description: ;Phoenix AZ85o07 */912 Medium and Heavy Duty Cabs, Chassis, and Buses 4.8 Public Record Once submitted and opened by Procurement Officer,your Offer is a public record and must be retained by State for 6(six)years.All offers will be available for public inspection in the State's e-Procurement System after the resulting contracts have been awarded,except for any portions that were determined to be confidential information. Procurement Officer shall make the names of Persons who submitted offers available in The State's e-Procurement System promptly after the opening date. 4.9 Offeror By signing the Offer and Acceptance Form(or other official contract form specified by Certification Procurement Officer),you will be deemed to have certified that: 1. you did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of your Offer,and 2. you do not discriminate against any employee or applicant for employment or person to whom you provide services because of race,color,religion,sex, national origin,or disability,and that you comply with an applicable federal,state, and local laws and executive orders regarding employment. Responsibility; Responsiveness'and+Acceptability 5.1 Responsibility In accordance with A.R.S.41-2534(G),A.A.C.R27-C312 and R2-7-C316,the State shall consider the following in determining Offeror's responsibility,as well,as the responsiveness and acceptability of their proposals.The State will consider, but is not limited to,the following in determining an Offeror's responsibility as well as susceptibility to Contract Award: 1. Whether the Offeror has had a contract within the last five(5)years that was terminated for cause due to breach or similar failure to comply with the terms of the contract; 2. Whether the Offeror's record of performance includes factual evidence of failure to satisfy the terms of the Offeror's agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references; 3. Whether the Offeror is legally qualified to contract with the State and the Offeror's financial,business,personnel,or other resources,including subcontractors; 4. Legally qualified includes if the vendor or if key personnel have been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity,including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body. 5. Whether the Offeror promptly supplied all requested information concerning its responsibility; 6. Whether the Offer was sufficient to permit evaluation by the State,in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components. Necessary offer components include: attachments,documents or forms to be submitted with the offer,an indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of Work,signed Solicitation Amendments,references to include experience verification,adequacy of financial/business/personal or other resources to include a performance bond and stability including subcontractors and any other data specifically requested in the Solicitation; 7. Whether the Offer was in conformance with the requirements contained in the Scope of Work,Terms and Conditions,and Instructions for the Solicitation and its Amendments,including the documents incorporated by reference; PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 8 of 36 Available online at : A P P . A Z . g o v aTvo4111E34Request for Proposal • Arizona Department of n,' ISolicitation No. State Procurement°ffiee; ' �► -49 BPM000228 ° 100N1501Ave Suite 402• % ' ,C Description: -"Phoenix AZ85007 •z912 • Medium and Heavy Duty Cabs, Chassis, and Buses 8. Whether the Offer limits the rights of the State; 9. Whether the Offer includes or is subject to unreasonable conditions,to include conditions upon the State or necessary for successful Contract performance.The State shall be the sole determiner as to the reasonableness of a condition; 10. Whether the Offer materially changes the contents set forth in the Solicitation, which includes the Scope of Work,Terms and Conditions,or Instructions;and, 11. Whether the Offeror provides misleading or inaccurate information. 5.2 Responsiveness Proposals that do not contain information sufficient to evaluate the proposal in and Acceptability accordance with the factors identified in the solicitation or other necessary proposal components may not be considered responsive and/or acceptable. Necessary components include an indication of the Offeror's intent to be bound,price proposal, solicitation amendments,bond and reference data as required. Proposal Content. The Offeror shall make a firm commitment to provide services as required and proposed. • The material contained in the Offer shall be relevant to the service requirements stated in the solicitation. • It is to be submitted in a sequence that reflects the scope of work section of this document. • It is to include information relevant to the designated evaluation criteria. •Failure to include the requested information may have a negative impact on the evaluation of the Offeror's proposal. 5.3 Eligibility for If Procurement Officer determines an offeror is Not Responsible,then he or she is not Evaluation and permitted by A.A.C. R2-7-C314 to give further consideration to its offer or include it in Negotiation any Negotiation or make Evaluation of its offer. If,however, Procurement Officer determines that an offer is Responsive(i.e.,there is no applicable determination of Not Susceptible for Award),then he or she is obliged by A.A.C. R2-7-C314 to make Evaluation of it and include the offeror in the immediate round of Negotiation(if there is any Negotiation). If Procurement Officer determines subsequently that your Revised Offer is Not Susceptible for Award by virtue of comparison to other revised offers per A.A.C. R2-7-C314(A)(3),then he or she will not include you in any further Negotiation. For clarity of intent,the foregoing means that Procurement Officer may reduce the number of offers that are"susceptible for award"with each successive round of Negotiation, since the purpose of Negotiation is to achieve best value for State. L6.0 'Evaluation of Offers . 6.1 Offer Validity By submitting an Offer,you agree to hold it open for the validity period specified in the Period Solicitation Summary. If no validity period is specified therein,then you shall hold your Offer open for 180(one hundred eighty)days.The specified or default validity period (whichever applies)re-starts upon submission of each Revised Offer or a Best and Final Offer. 6.2 Clarifications Upon receipt and opening of proposals submitted in response to this solicitation,the State may request oral or written clarifications,including demonstrations or questions and answers,for the sole purpose of information gathering or for eliminating minor informalities or correcting nonjudgmental mistakes in proposals.Clarifications shall not otherwise afford Offerors the opportunity to alter or change their proposal. PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 9 of 36 Available online at : A P P . A Z . q o v I - o�� Request for Proposal °:' �• Arizona pepaNnent of Administration Solicitation No. Of 4 State Procurement Office BPM000228 woN 15th Ave.,Suite 402- `b"' t Description: : .PhoenncAzaeooi . "4912 • Medium and Heavy Duty Cabs, Chassis, and Buses 6.3 Oral The State may request oral presentations. If requested,the Offeror shall be available Presentations for oral presentations with no more than ten(10)business days advance notice. Participants in the oral presentations should include the Offeror's key persons. Such oral presentations shall not otherwise afford an Offeror the opportunity to alter or change its Offer. 6.4 Cost or Pricing Submit any cost or pricing data promptly that Procurement Officer requests under Data A.R.S§41-2543 per A.A.C. R2-7-702(B)(2).Procurement Officer may make the following preconditions for eligibility and award: 1. submission of appropriate cost or pricing data under A.A.C. R2-7-704; 2. determination that the submitted cost or pricing data demonstrates that pricing is fair and reasonable under A.A.C.R2-7-702(A);and, 3. determination that the data Is not defective under A.A.C. R2-7-705. 6.5 Evaluation In accordance with the Arizona Procurement code A.R.S.§41-2534,awards shall be Criteria made to the responsible Offeror(s)whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below.The evaluation factors are listed in their relative order of importance. 6.5.1 Capacity of Offeror,Experience; 6.5.2 Methodology:and 6.5.3 Cost. 6.6 Negotiations In accordance with A.R.S.§41-2534,after the initial receipt of proposals,the Procurement Officer may conduct discussions with those Offerors who submit proposals determined by the State to be reasonably susceptible of being selected for award. Procurement Officer will request a best and final offer from any offerors with whom negotiation has been conducted, provided that,State may make award made without any Negotiation and therefore every offeror is forewarned to always submit its offer complete and on the most favorable terms initially, and not to assume any opportunity for Negotiation. 6.7 Financial StabIlity You must be able to substantiate your financial stability to State's satisfaction as a precondition of any contract award. Procurement Officer may demand documentation such as current and audited financial statements,including income and balance sheets, directly from you or may obtain reports from independent financial rating services.Not providing the evidence will be grounds for Procurement Officer determining your Offer is Not Susceptible for Award. 6.8 Consideration of Procurement Officer may determine that your Offer is Not Susceptible for Award if it is Exceptions conditioned on an exception to a material aspect of the Solicitation.Even if Procurement Officer determines that an exception is one that does not merit Not Susceptible for Award determination, he or she may down-grade your Offer in Evaluation if the exception is significant. 6.9 Consideration of Procurement Officer may down-grade your Offer in Evaluation if it contains deviations Deviations that,in his or her determination,materially reduce the value to State of affected Materials or Services across the life-cycle thereof. 6.10 Consideration of Procurement Officer may credit any proposed prompt payment discounts for the Prompt Payment purpose of evaluating offer prices. Discount PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 10 of 36 Available online at : A P P . A Z . q o v s` -oak Request for Proposal p oT .ra-ma wi Arizona Department ofAdmtnlsfra0on Solicitation No. State Procurement Office BPM000228 1) 100 115th Ave"Suite 402f .°i Vie- I Description: 'Phoenix AZ 85007 4-/912 A Medium and Heavy Duty Cabs, Chassis, and Buses 6.11 Consideration of Procurement Officer shall not include Arizona Transaction Privilege Tax and other Taxes sales/use taxes for the purpose of evaluating offer prices. 6.12 Consideration of Regardless of the relative order assigned to cost In the Solicitation Summary,cost is an Cost essential consideration in every award State makes;State's intent is always to obtain the best pricing available and it strives to make its evaluations be a straightforward comparison of best value between the responsible and responsive proposals as far as possible to the extent permissible under the Arizona Procurement Code. 6.13 Unit Price Prevails In the case of discrepancy in your Offer between a unit price or rate and an extension of that unit price or rate,the unit price or rate will prevail. 6.14 Waiver and Notwithstanding any other provision of the Solicitation Documents, State reserves the Rejection right to waive any minor informality,reject any or all offers or portions thereof or cancel ,,:,the Solicitation. x L70 (AWard ofxContract ' 1 , -A2 .�� t a . ,aux: 7.1 Best Advantage to Under A.A.C. R2-7-C317,contracts will be awarded to the responsible offeror(s)whose State offer(s)is/are determined to be most advantageous to the State based on the stated evaluation criteria. 7.2 Number of Types State may make multiple awards or to award contracts by individual line items or of Awards alternates, by group of line items or alternates,or to make an aggregate award,or regional awards,whichever is determined to be most advantageous to State. 7.3 Contract Inception Your Offer does not constitute a contract nor does it confer any right on you to the award of a contract.A contract is not created until your Offer has been accepted for State by Procurement Officer's signature on the Offer and Acceptance Form. Notice of award or of intent to award will not constitute State's acceptance of your Offer. 7.4 Contract State may,at its option,consolidate the resulting contract documents after contract Document award.Examples of such consolidation are reorganizing Solicitation Documents and Consolidation those components of the Accepted Offer not pertaining to the contract's operation and excluding any components of the Accepted Offer that were not awarded.Contract document consolidation will not,however,include or be construed to include any materially change the Solicitation or the Contract. PART 3 of the Solicitation Documents SECTION 3-A: Instructions to Offerors 3 Template version 3.0(12-OCT-2018) Page 11 of 36 Available online at : A P P . A Z . a o v Request for Proposal Arizona dapanmant ofAdmlNstratlon'; 4,..a9), Solicitation No. SWteProcurementOffice :, - BPM000228 'Zr' 100N15thAim sute402 " ; v� ' 7"' Description: Phoenec AZadoo7 *1912 * Medium and Heavy Duty Cabs, Chassis, and Buses h 8 Sgolt,.--, onorrty 2, ci P=roests7�& , 1: ;,, ,, , Any protest must comply with and be resolved according to Arizona Revised Statutes Title 41,Chapter 23, Article 9,and rules adopted thereunder.Protests must be in writing and be filed with both Procurement Officer and the State Procurement Administrator.Protest of the Solicitation must be received before the offer due date and time.Protest of a proposed award or of an award must be received within 10(ten)days after Procurement Officer makes the procurement file available for public inspection.In either case,the protest must Include: 1. the name,address,email address and telephone number of the Interested party; 2. signature of the interested party or its representative; 3. identification of the purchasing agency and the solicitation or contract number; 4. a detailed statement of the legal and factual grounds of the protest including copies of relevant documents;and 5. the form of relief being requested. 9�0=^comments Wetcormein - 7,T c 4 -: ;k ,: .Y SEPARATELY AND APART FROM THIS SOLICITATION,The State Procurement Office periodically reviews these instructions to Offerors and welcomes any comments the public may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue,Suite 402 Phoenix,Arizona,85007 End of Section 3-A • PART 3 of the Solicitation Documents SECTION 3-A:Instructions to Offerors Template version 3.0(12-OCT-2018) Page 12 of 36 Available online at : A P P . A Z . q o v y,o-+;He Request for Proposal Arizona Department of Administration Q" Solicitation No. State Procurement Office � R ' BPM000228 100 N 15th Ave.,Suite 402 Description: Phoenix,AZ 85007 *1912 Medium and Heavy Duty Cabs, Chassis, and Buses Section 3-B: Offer Forms (Attachments) ATTACHMENT 1 OFFER AND ACCEPTANCE FORM 14 ATTACHMENT 2-A.... EXPERIENCE AND CAPACITY QUESTIONNAIRE 15 ATTACHMENT 2-B.... ORGANIZATION PROFILE 20 ATTACHMENT 3-A.... METHOD PROPOSAL (METHOD OF APPROACH) 22 ATTACHMENT 3-B.... KEY PERSONNEL PROPOSAL 23 ATTACHMENT 3-C ... PROPOSED SUBCONTRACTORS 26 ATTACHMENT 3-D ... BOYCOTT OF ISRAEL DISCLOSURE 27 ATTACHMENT 4 PRICING SHEET 28 ATTACHMENT 5-A.... CONFIDENTIAL INFORMATION DESIGNATION 29 ATTACHMENT 5-B.... CONFORMANCE STATEMENTS 31 ATTACHMENT 5-C ... INSURANCE 35 ATTACHMENT 5-D ... OFFER CHECKLIST 36 PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0 (12-OCT-2018) Page 13 of 36 Available online at . APP A Z . g o v ! Ofl"E 4 Request for Proposal „��� 9Arizona Department of Administration H'e•'i'^=yrer 9y Solicitation No. State Procurement Office A BPM000228 Ir .rr-• N 100 N 15th Ave.,Suite 402 l r4,> -40"`." Description: Phoenix,AZ 85007 * '912 " Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 1 Offer and Acceptance Form SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Medium and Heavy Duty Cabs,Chassis,and Buses in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below. AOffiniteal 1.ate 1/28/18 —_-. �IBaI � /// // /l/// 2. I NA 3. NA— 4. NA ___ . Revised date#1 initial date#1 initial date#1 Initial Offers: 5. I NA 6. I NA 7. 1 NA datear #4 initial date#5 , initial date#6 initial Final OffeBest r: 8.dL11/28/18 initial y .4.4.1I � �/lr// /4/ % FREIGHTLINER OF ARIZONA,LLC. eir Offeror company name Signature of person authorized to sign Offer ilMaln 9899 WEST ROOSEVELT STREET x C 0 v1 —11.1)►'N—is V ^J .- 1 -v at- SAli Y Address Printed name and title TOLLESON,AZ 85353 CORY THOMPSON-TRUCK SALES City I State I ZIP Contact name and title 47-3036507 cthompsonnvvgtruck.com 623-907-9900 Federal tax identifier(EN or SSN) Contact Email Address Contact phone number CERTIFICATION: By signature in the above,Offeror certifies that it: 1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246,[Arizona)State Executive Order 2009-9 or A.R.S. §§41-1461 through 1465: ' 2. has not given,offered to give,nor intends to give at any time hereafter any economic opportunity,future employment,gift,loan,gratuity, special discount,trip,favor,or service to a public servant in connection with the submitted offer.Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer,any resulting contract,and may be subject to legal penalties under law; 3. complies with A R.S.§41-3532 when offenng electronics or information technology products, services,or maintenance;and 4. is not debarred from,or otherwise prohibited horn parlidpating in any contract awarded by federal state,or local government. ACCEPTANCE OF OFFER:State hereby accepts the Initial Offer.Revised Offer,or Best and Final Offer identified by number#8 at the top of this form,and which was dated 11/28/18(the Accepted Offer).Offeror is now bound(as Contractor)to carry out the Work under the attached Contract,of which the Accepted Offer forms a part.Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from Procurement Officer. State's Contract No.Is:C1R041810 The effective date of the Contract Is: 1/18/19 Contract awarded 1/18/19 Date Dale 2.,,,,t3„.. Nick Perrera — Procurement Officer signature Statewide Procurement Manager fi PART 3 of the Solicitation Documents SECTION 3-6: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 14 of 40 Available online at : A P P . A Z . a o v � I Szri Request for Proposal Arizona Department of Administration Solicitation No. Office . t p State Procurement tt? •j;: .IC n, BPM000228 100 N 15th Ave.,Suite 402 °Z)• / Description: Phoenix,Az 85007 /912-* Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 2-A Experience and Capacity Questionnaire STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT ANSWER ALL QUESTIONS FULLY. The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company's overall method of approach for providing the service stated in this solicitation. If there is a question that is not applicable to the services required by the Scope of Work, you may mark it N/A. EXPERIENCE AND CAPACITY QUESTIONS: Question 1: Company Profile The Offeror must include a narrative description of its organization. The narrative must include the following: 1.1 Brief overview of business operations,with an emphasis on experience providing Training - Professional Development and/or Related Consultation services. 1.2 Date established; 1.3 Ownership(public, partnership, subsidiary, etc.); 1.4 Location in which the Offeror is incorporated; 1.5 Address of"Main Office"(e.g. Corporate Headquarters and any satellite offices responsible for performance of proposed tasks; 1.6 Offeror's organizational chart relevant to the Contract, specifically identifying the key point of contact for all questions related to the submitted offer; 1.7 Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the Contract; 1.8 A Statement of whether, in the last five(5)years,the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver,trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details and current status; 1.9 A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror. and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s)may impair the Offeror's performance in a Contract under this RFP; 1.10 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation that may have a material impact on Offeror's ability to deliver the contracted services; 1.11 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation with a Public sector client; 1.12 Full disclosure of any Public Sector contracts terminated for cause or convenience in the past five(5)years; and. PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 15 of 36 Available online a t : A P P . A Z . g o v Request for Proposal _ Arizona Department of Administration `� ""'' '" �' Solicitation No. A State Procurement office N N BPM000228 d� �• 0 100 N 15th Ave..Suite 402 J Description: Phoenix,AZ 85007 *1912 * Medium and Heavy Duty Cabs, Chassis, and Buses 1.13 Full disclosure of any criminal or civil offense. 1.14 Offeror shall provide evidence of any Arizona required business license to provide these services. 1.15 Offeror shall provide copies of any professional or industry certifications that represent the services detailed in this RFP. Offeror Response: 1.1-Freightliner of Arizona,LLC operates 5 locations throughout the State. Services include truck sales,parts sales,vehicle maintenance and body shop services. Both Sales and Service personnel are annually certified through OEM provided courses with an emphasis on product knowledge,business sector and employee skills development. 1.2-Date established-2o15 as Freightliner of Arizona,LLC under the Velocity Truck Center umbrella. Freightliner of Arizona was initially established in 2005 under different ownership. 1.3-Private LLC 1.4-State of Arizona-Limited Liability Company 1.5-9899 West Roosevelt St.Phoenix,AZ 85353 123o S Akimel Ln.Chandler,AZ 85226 565o E Travel Plaza Tucson,AZ 85756 4201 E Huntington Dr.Flagstaff,AZ 86004 48o N Mariposa Rd. Nogales,AZ 85621 1.6-Organizational chart attached 1.7-None 1.8-None 1.9-None 1.10-None 1.11-None 1.12-None 1.13-None PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 16 of 40 Available online a t : A P P . A Z Q o v �f�=). Request for Proposal Arizona Department of Administration `3 '-�."� ' Solicitation No. :V, N.te BPM000228 State Procurement Office "'ye-' 100 N 15th Ave.Suite 402 Description: Phoenix,AZ 85007 *191 ` Medium and Heavy Duty Cabs, Chassis, and Buses 1.14-AZ Business license attached 1.15-Certifications attached Question 2: Company Experience A. What market(s)are your current clients primarily in? B. What experience do you have serving clients in Business Markets within the State of Arizona State? C. What is the range in size of your current clients? D. How long have you provided services to your longest tenured client? E. Why did your last three former clients cancel their contracts? F. With what relevant trade and/or professional associations are you involved? How does this participation give you an advantage over your competition? Offeror Response: A-Construction,Freight,Refuse, Mining, Utility,Food/Beverage,Government,Fire B-Selling and Servicing both Public and Private sectors since 2015 C-Clients range in size from one vehicle such as an owner-operator to thousands such as a National Freight company. D-13 Years as Freightliner of Arizona,3 years owned by Velocity Truck Centers as Freightliner of Arizona,LLC. E-2009 American LaFrance Condor couldn't meet delivery terms and orders were subsequently cancelled. F-Arizona Trucking Association-Vendor and Competitor interaction with emphasis on new technology and industry trends. SWANA-Vendor and Competitor interaction with emphasis on Solid Waste market. FleetPros-Vendor and Competitor interaction with emphasis on Public Fleet Management. Question 3: Financial/Accounting Information Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the services throughout the term of the Contract. The latest two(2)years audited annual financial statements including Total Revenue, Net Income, and Total Assets must be submitted with the Offeror's proposal. If audited financial data is unavailable, explain in full the reason, and provide the latest non-audited financial information to include Balance Sheet, Income Statement, as well as Statements of Cash flows and Change in Financial Position. Include information to attest to the accuracy of the information provided. Offeror shall provide information regarding any irregularities that were discovered in any accounts maintained by the Offeror on behalf of others. Describe the circumstances and disposition of the irregularities. Offeror Response: Financial Information attached PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms Template version 3.0 (12-OCT-2018) Page '17 of 40 3 Available online at : A P P . A Z . g o v I Request for Proposal Arizona Department of Administration J ' s' "' Solicitation No. ���:� � State Procurement Office „�-; 1 o BPM000228 100 N 15th Ave.,Suite 402 rid *i " I Description: Phoenix,AZ 85007 *�e{ * Medium and Heavy Duty Cabs, Chassis, and Buses Question 4: Proposed Project Members and Organization Utilize Attachment 3-B to identify Key Personnel to be utilized to perform services within a resultant contract. In addition, also state the Members related experience with large local,state or federal government agencies. Offeror Response:Offeror has sold and serviced vehicle purchases for over a decade to the below listed agencies: ADOT MARICOPA COUNTY PIMA COUNTY COCONINO COUNTY MOJAVE COUNTY YUMA COUNTY GILA COUNTY NAVAJO COUNTY PINAL COUNTY CITY OF PHOENIX CITY OF TUCSON CITY OF TEMPE CITY OF MESA CITY OF SCOTTSDALE CITY OF YUMA CITY OF FLAGSTAFF CITY OF GLENDALE CITY OF PEORIA CITY OF GOODYEAR CITY OF BUCKEYE CITY OF AVONDALE CITY OF SURPRISE CITY OF SIERRA VISTA CITY OF BISBEE CITY OF KINGMAN CITY OF PRESCOTT CITY OF SHOW LOW PART 3 of the Solicitation Documents SECTION 3-B:Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 18 of 40 Available online at : A P P . A Z . c o v Request for Proposal �',- Arizona Department of Administration tan b e i Solicitation No. State Procurement Office -2 _ •�, N BPM000228 100 N 15th Ave.,Suite 402 `d- .tJ Description: Phoenix,AZ 85007• 191 Medium and Heavy Duty Cabs, Chassis, and Buses CITY OF GLOBE TOWN OF PAYSON TOWN OF WICKENBURG TOWN OF PRECOTT VALLEY BULLHEAD CITY LAKE HAVASU CITY TOWN OF GILBERT CITY OF CASA GRANDE TOWN OF CAVE CREEK MARANA UNIFIED SCHOOL DISTRICT SULPHUR SPRINGS VALLEY ELECTRIC COOP Question 5: Subcontractors Utilize Attachment 3-C to identify Proposed Subcontractors to be utilized to perform services within a resultant contract. Offeror Response: See attachment 3-C attached Question 6: Submit copies of all applicable certificates and licenses that support Offeror's ability to provide the goods and services being proposed. Offeror Response:Certifications attached PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 19 of 40 Available online at : A P P . A Z . 0 o v CHeST44 Request for Proposal Arizona Department of Administration • Solicitation No. State Procurement Office BPM000228 100 N 15th Ave.,Suite 402 0,•445 Description: Phoenix,AZ 85007 1917. Medium and Heavy Duty Cabs, Chassis, and Buses EXPERIENCE REFERENCES: The State intends to conduct reference checks for account referenced provided by Offerors. It may,at its sole discretion contact additional clients not presented as references. Offerors shall provide at least three(3)client references for assignments that replicate or mirror the requirements of this RFP. At least one(1)of the projects referenced must be Arizona government related. All assignments shall be for assignments received and completed within the last five(5)years. Client Company/Address Contact Begin Date End Date City of Phoenix ,Joe Guerin 2005 present Phone Number Email Address 602-262-4625 ,Jae.guerin(q',phoenix.gov Event Scope and deliverables, include number of resources engaged in project, timeline of project(major milestones) -15-20 Trucks delivered annually -Resources include two sales associates,three-four service associates,three-four body upfitter associates -City adopted Medium,Heavy Duty Cab and Chassis State Contract for fleet vehicle acquisitions. -Timeline varies based on scope of project List job positions provided and technologies utilized to supplement services. Truck Sales,Service support,Fleet support,Parts assistance © Client Company/Address Contact Begin Date End Date Maricopa County Gidget Vigil 2005 �restn i Phone Number Email Address 602-506-4674 gidgetvigil@mail.maricopa.gov Event Scope and deliverables, include number of resources engaged in project, timeline of project(major milestones) -10-15 Trucks delivered annually -Resources include two sales associates,three-four service associates,three-four body upfitter associates -Timeline varies based on scope of project List job positions provided and technologies utilized to supplement services. Truck Sales,Service support,Fleet support,Parts assistance PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 20 of 40 Available online at : A P P . A Z . q o v Request for Proposal � Arizona Department of Administration Solicitation No. " ' State Procurement Office % • N BPM000228 100 N 15th Ave.,Suite 402 .�! � Description: Phoenix,AZ 85007 `/912 Medium and Heavy Duty Cabs, Chassis, and Buses ElClient Company/Address Contact Begin Date End Date ADOT Gary Lowe 2005 present Phone Number Email Address 602-712-7284 glowe@azdot.cov 111111111111K_____ _ Event Scope and deliverables, include number of resources engaged in project, timeline of project(major milestones) -25-35 Trucks delivered annually -Resources include two sales associates,three-four service associates,three-four body upfitter associates -Successfully obtained replacement contract for ADOT Snow Plow trucks. 2014 to present have delivered and maintained 25 trucks annually -Timeline varies based on scope of project List job positions provided and technologies utilized to supplement services. Truck Sales,Service support,Fleet support,Parts assistance 4 Client Company/Address Contact Begin Date End Date Pima County Robert Charlton 2005 present Phone Number Email Address 520-724-2614 Bob.charlton@oima.gov Project Scope and deliverables, include number of resources engaged in project,timeline of project(major milestones) -5-10 Trucks delivered annually -Resources include two sales associates,three-four service associates,three-four body upfitter associates -Timeline varies based on scope of project List job positions provided and technologies utilized to supplement services. Truck Sales,Service support,Fleet support,Parts assistance End of Attachment 2-A PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 21 of 40 Available online at : A P P . A Z . g o v o��"E STS Request for Proposal �� Arizona Department of Administration 1. �L A Solicitation No. State Procurement Office , BPM000228 100 N 15th Ave.,Suite 402 ° 1� Description: Phoenix,AZ 85007 1912 ` Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 2-6 Organization Profile STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT ANSWER ALL QUESTIONS FULLY. ORGANIZATION PROFILE Firm Name FREIGH"I'LINER OF ARIZONA,LLC. Year established 2015 Principal address 9899 WEST ROOSEVELT ST.TOLLESON,AZ 85353 (street, city, state) Entity type: PRIVATE Structure: x Branch or Division: x Parent: x Years of experience providing goods similar in type and quantity as required by this Solicitation. ', 13 Years of experience performing services similar in size and scope as required by this Solicitation. 13 Years the organization has conducted business in Arizona. 13 Contract Representatives to Contact Name Title Telephone Number E-Mail Address 1. CORY THOMPSON TRUCK SALES 623-907-9900 cthompson@vvgtruck.com 2. JIM ROSS TRUCK SALES 480-282-4000 jross@vvgtruck.com 3. TIM NOEDING SALES MANAGER 623-907-990o tnoeding@vvgtruck.com Licenses/Certifications Description Issuer Number Expiration 4. Master Professional Sales Cert. Freightliner 2016, 17, 18 Annual 5. Master Professional Sales Cert. Freightliner 2015,16, 17,18, Annual 6. Sales Manager Certification Freightliner 2010, 15,16,18 Annual 7. 8. 9. 10 Financial Information (attach financial statements with income/balance sheets as Supplements) Rating/Issuer Score/Rank Date 11 3-Dunn& Bradstreet 83 11/20/2018 12 13 _-- - PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 22 of 40 Available online a t : A P P . A Z . o o v CHE S�� Request for Proposal�- qnArizona Department of Administration 1 ATCy Solicitation No. State Procurement Office 2BPM000228 100N 15thAve,Suite402 Description: Phoenix Az 85007 Medium and Heavy Duty Cabs, Chassis, and Buses Capacity P Y Number Location Work Performed Staff Capacity I New&used truck sales, 9899 West Roosevelt St. Truck sales,Parts sales, 70 service bays,parts 14 Phoenix,AZ 85353 Maintenance,Body Shop 230 sales and warehouse, body shop services 1230 S Akimel Ln.Chandler,AZ Truck Sales,Parts Sales, New&used truck sales, 15 85226 Maintenance 5o 15 service bays,parts sales 565o E Travel Plaza Tucson,AZ Truck Sales,Parts Sales, New truck sales,20 1€ 85756 Maintenance 44 service bays,parts sales 17 4201 E Huntington Dr. Flagstaff, Parts Sales,Maintenance 27 New truck sales,10 AZ 86004 service bays,parts sales 1� 480 N Mariposa Rd.Nogales,AZ Parts Sales 5 Parts sales 85621 ATTACHMENT 2-B SUPPLEMENTS: (Offeror to insert as required and list here or type"None"on first line) i Document No. of Title I Date pages Purpose in Offer 19, Organizational Chart 11/26/18 1 Key points of cont 20, AZ Business License 2018 1 Offerors AZ Business License 21. Training Certificates 2018 3 Manufacturer Certifications 22, Financial Statement 12/31/16 15 Proof of Financial Stability 23. Financial Statement 12/31/17 16 Proof of Financial Stability 24. Dunn& Bradstreet Ranking 11/20/18 1 Financial Ranking 25. End of Attachment 2-B PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 23 of 40 Available online at : A P P . A Z . q o v 111E STS Request for Proposal Arizona Department of Administration Solicitation No. State Procurement Office • ; N BPM000228 100 N 15th Ave.,Suite 402 , Description: Phoenix,AZ 85007 1912 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 3-A Method Proposal (Method of Approach) The Offeror shall provide a narrative response to each question that demonstrates their understanding of the Scope of Work requirements and describes your company's overall method of approach for providing the service stated in this solicitation. If there is a question that is not applicable to the services required by the Scope of Work, you may mark it N/A. Question 1: Offeror shall provide information on locations and geographic regions served. Offeror Response: We serve all of Arizona with locations in Tolleson, Tucson, Chandler, Flagstaff and Nogales. Question 2: Offeror shall describe how customers can check their order status(website,telephone, etc). Offeror Response: Order status can be checked via email or telephone. Question 3: Offeror shall detail any Manufacturer's Standard and Extended New Vehicle Service Agreement(s): Offeror Response: All OEM chassis' include Manufacturer Standard Warranty. Extended service agreements available based on make, model, vehicle application and content. Question 4: If Offeror has indicated subcontractors will be used (upfitting or otherwise), please give further detail on when these subcontractors would be used, and what focus or aspect of service the subcontractor would be used for. Offeror Response: Subcontractors to be used for purpose of upfitting body to cab and chassis. Body type based on client needs. Question 5: Offeror shall provide a description of the training their employees will undergo to familiarize themselves with the State's contract and account. Offeror Response: Offeror has been part of this contract since 2013. Multiple State and Local agencies purchase chassis' from Freightliner of AZ using this contract. Offeror references Contract as needed and is well-versed in language and practices of contract. Furthermore, Offeror associates attend continual training with emphasis on Government contracts and Government account management. Question 6: Offeror shall describe its relationship with manufacturer(as applicable), and how the contractor works with the manufacturer to continuously obtain the lowest cost for resale to the State and Eligible Agencies(volume purchases, pricing tiers, quarterly incentives, model promotions, etc). Offeror Response: Offeror is certified dealer for Manufacturer(s). Pricing is based on market segment. Government segment is more aggressively discounted than other sectors. Offeror is certified dealer for Manufacturer(s). Manufacturer statements attached. Question 7: Offeror shall outline and describe their proposed ordering and delivery process. PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 24 of 40 Available online at : A P P , A Z . g o v staakittE Request for Proposal Arizona Department of Administration ����` �' � Solicitation No. " A State Procurement Office �► BPM000228 .100N 15th Ave.,Suite 402. .e Description: Phoenix,AZ 85007 *r917 tit and Heavy Duty Cabs, Chassis, and Buses Offeror Response:Orders are placed upon specification review between Offeror and participating agency. Order Is placed upon specification approval and purchase order receipt. Offeror Is responsible for delivery to agency with all applicable documentation. ATTACHMENT 3-A SUPPLEMENTS: Manufacturer Statements attached End of Attachment 3-A PART 3 of the Solicitation Documents SECTION 3-B:Offer Forms 3 Template version 3.0(12-OCT-2018) Page 25 of 40 Available online at : A P P . A Z . o o v of sT�� Request for Proposal Arizona Department of Administration "�'`=''' �' Solicitation No. Office �� State Procurement �.s-4L I� _ S1 N BPM000228 100 N 15th Ave.,Suite 402 ., Description: Phoenix,AZ 85007 " 1912 * 1 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 3-B Key Personnel Proposal Answer all questions thoroughly in the spaces provided. Complete this form in full for each one of the key personnel proposed to be involved in carrying out the Work. Insert or attach a separate resume if desired, but any attached resumes are supplemental to this form and do not substitute for this form. If there are more than three (3)Key Personnel, please utilize the same form for each additional Personnel. Name: CORY THOMPSON How long with company? 3 YEARS Current position TRUCK SALES How long in positon? 3 YEARS in company: Position for the Services: SALES How much of time will be 100% dedicated to the Services? What primary functions ACCOUNT MANAGEMENT,TRUCK SPECIFICATIONS,PRICING,ORDERING, will be assigned? DELIVERY,CONTRACT MAINTENANCE Describe person's 17 YEARS IN COMMERCIAL TRANSPORTATION INDUSTRY WITH experience in performing EMPHASIS ON GOVERNEMENT SALES services like those that are to be assigned: List person's job-related CONTINUING EDUCATION-ANNUAL MANUFACTURER PRODUCT training and education: TRAINING,ACCOUNT MANAGEMENT,TRUCK SPECIFICATION Resume: NA PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 26 of 40 Available online at : A P P . A Z . g o v � Request for Proposal v°4111116, Arizona Department of Administration Solicitation No. State Procurement Office H BPM000228 v> ,y��� 100 N 15th Ave.,Suite 402 dJ mo ' Description: Phoenix,AZ 85007 * 1912 " Medium and Heavy Duty Cabs, Chassis, and Buses 2 Name: JIM ROSS How long with company? 12 years Current position TRUCK SALES How long in positon? 12 years in company: Position for the Services: SALES How much of time will be l00% dedicated to the Services? What primary functions ACCOUNT MANAGEMENT,TRUCK SPECIFICATIONS,PRICING,ORDERING, will be assigned? DELIVERY,CONTRACT MAINTENANCE Describe person's 27 YEARS IN COMMERCIAL TRANSPORTATION INDUSTRY WITH experience in performing EMPHASIS ON GOVERNEMENT SALES services like those that are to be assigned: List person's job-related CONTINUING EDUCATION-ANNUAL MANUFACTURER PRODUCT training and education: TRAINING,ACCOUNT MANAGEMENT,TRUCK SEPCIFICATION Resume: NA PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 27 of 40 Available online at : A P P . A Z . g o v 4 Request for Proposal Arizona Department of Administration 'n,:='N"" Solicitation No. State Procurement Office d� ,�, 9N BPM000228 100 N 15th Ave.,Suite 402 J it Description: Phoenix,AZ 85007 *1912 + Medium and Heavy Duty Cabs, Chassis, and Buses 3 Name: TIM NOEDING How long with company? 13 years Current position GENERAL SALES MANAGER How long in positon? 13 years in company: Position for the Services: MANAGEMENT How much of time will be loo% dedicated to the Services? What primary functions OVERSIGHT OF ACCOUNT MANAGEMENT,TRUCK SPECIFICATIONS, will be assigned? PRICING,ORDERING,DELIVERY,CONTRACT'MAINTENANCE Describe person's experience in performing 35 YEARS IN COMMERCIAL TRASPORTATION INDUSTRY WITH EMPHASIS services like those that ON GOVERNEMENT AND RETAIL SALES are to be assigned: List person's job-related CONTINUING EDUCATION-ANNUAL MANUFACTURER PRODUCT training and education: TRAINING,ACCOUNT MANAGEMENT,TRUCK SEPCIFICATION Resume: NA End of Attachment 3-B PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0(12-OCT-2018) Page 28 of 40 3 Available online at : A P P . A Z . g o v I - - ofTt1E ST4 Request for Proposal +1` Arizona Department of Administration W"4,1114 S; Solicitation No. State Procurement Office .4SE L N BPM 000228 100 N 15th Ave.,Suite 402 ado Description: Phoenix,AZ 85007 * J912 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 3-C Proposed Subcontractors Check"NO" if you WILL NOT subcontract any portion of the Work and will therefore be carrying out all of the Work with your own personnel. 0 NO,the Offeror will not subcontract any portion of the Work. I If you WILL subcontract any portion of the Work,check"YES" below and list name of persons or companies you propose to use as subcontractors. 1. Fill in the information for every significant subcontractor- indicate the type of work the subcontractor will perform under the Contract, and their approximate percentage of the total Contract work. 2. Provide copies of relevant certifications each one possesses in the Attachment Supplements section. 3. Provide description of quality assurance methods and quality control measures that you will use to ensure that Subcontractor work meets the Contract requirements-OFFEROR AND SUBCONTRACTOR PERFORM PRE-DELIVERY INSPECTIONS(PDI)OF CHASSIS AND BODY TO ENSURE QUALITY CONTROL PRIOR TO DELIVERY OF UNIT TO CUSTOMER. 4. State may demand additional information about proposed subcontractors as a precondition of award. YES, the Offeror will use the Subcontractors listed below: Small Name and contact information Business Work to be performed 1. NORWOOD EQUIPMENT YES BODY UPFIT-Dump bodies,Sweeper bodies,Refuse bodies,Asphalt distributor 5o bodies 2. INTERSTATE TRUCK BODIES YES BODY UPFIT-Water tank bodies,Dump bodies,Service bodies,Fuel and Lube 50 bodies,flatbeds 3. BALAR EQUIPMENT YES BODY UPF1T-Refuse bodies,Vacuum bodies,Sweeper bodies,asphalt patch bodies, 4. BEARCAT MANUFACTURING YES BODY UPFIT-Asphalt distributor bodies 50 5. DRAKE EQUIPMENT YES BODY UPFIT-Truck bodies,Flatbeds, 50 Service bodies,Dump bodies g• UNITED TRUCK YES BODY UPFIT-Water tank bodies 5o 7. DADEE MANUFACTURING YES BODY UPFIT-Refuse bodies 5o 8. AMREP INCORPORATED YES BODY UPFIT-Refuse bodies 5o 9. ARIZONA WASTEWATER YES BODY UPFIT-Vacuum bodies 50 10. MADDOCK MACHINERY YES BODY UPFIT-Service bodies, Utility bodies 50 11. MCNEILUS MANUFACTURING YES BODY UPFIT-Refuse bodies,Concrete 50 bodies PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 29 of 40 Available online at : A P P . A Z g o v sPf � Request for Proposal s a•1 -11et Solicitation Department of Administration Solicitation No. ti W.11-...... A State Procurement Office t _ Ww. $H BPM000228 100 N 15th Ave.,Suite 402 °v ' 4i? Description: Phoenix,AZ 85007 * r91 ` Medium and Heavy Duty Cabs, Chassis, and Buses 12. UTILITY CRANE&EQUIPMENT YES BODY UPFTT-Utility bodies 5o 13. ALTEC EQUIPMENT YES BODY UPFIT-Utility bodies 5o 14. TEREX CRANE YES BODY UPFTT-Utility bodies 5o End of Attachment 3-C PART 3 of the Solicitation Documents SECTION 3-B:Offer Forms 3 Template version 3.0(12-OCT-2018) Page 30 of 40 Available online at : A P P . A Z , Q o v vomit.vemit.111E S7.4 Request for Proposal Arizona Department of Administration y A Solicitation No. State Procurement Office --31104.1 4 o BPM000228 100 N 15th Ave.,Suite 402 it Description: Phoenix,AZ 85007 1912 f Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 3-D Boycott of Israel Disclosure Unless and until the District Court's injunction in Jordahl v. Brnovich et al., Case No. 3:17-cv-08263(D. Ariz.)is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. 35-393.01 (A)) is unenforceable and the State will take no action to enforce it. This attachment(Participation in Boycott of Israel) is not a mandatory part of the offer as long as the injunction remains in place (lifers will not be evaluated based on whether this certification has been completed. All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recently legislation has been enacted to prohibit the state from contracting with companies currently engaged in a boycott of Israel. To ensure compliance with A.R.S. §35-393.01. This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination of compliance. As defined by A.R.S. §35-393.01: 1. "Boycott"means engaging in a refusal to deal,terminating business activities or performing other actions that are intended to limit commercial relations with Israel or with persons or entities doing business in Israel or in territories controlled by Israel,if those actions are taken either: (a)In compliance with or adherence to calls for a boycott of Israel other than those boycotts to which 50 United States Code section 4607(c)applies. (b)In a manner that discriminates on the basis of nationality,national origin or religion and that is not based on a valid business reason. 2. "Company"means a sole proprietorship,organization,association,corporation, partnership,joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association,and includes a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate. 3."Direct holdings"means all publicly traded securities of a company that are held directly by the state treasurer or a retirement system in an actively managed account or fund in which the retirement system owns all shares or interests. 4."Indirect holdings"means all securities of a company that are held in an account or fund, including a mutual fund,that is managed by one or more persons who are not employed by the state treasurer or a retirement system,if the state treasurer or retirement system owns shares or interests either: (a)together with other investors that are not subject to this section. (b)that are held in an index fund. 5."Public entity"means this State, a political subdivision of this State or an agency, board,commission or department of this State or a political subdivision of this State. 6."Public fund"means the state treasurer or a retirement system. 7."Restricted companies"means companies that boycott Israel. 8. "Retirement system"means a retirement plan or system that is established by or pursuant to title 38. All offerors must select one of the following: X My company does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §35-393.01. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317. My company does participate in a boycott of Israel as defined by A.R.S. §35-393.01. By submitting this response, proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State's action based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action. FREIGHTLINER OF ARIZONA, LLC. Signature of Person Authorized to Sign 9899 WEST ROOSEVELT STREET CORY THOMPSON TOLLESON AZ 85353 TRUCK SALES End of Attachment 3-D PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0 (12-OCT-2018) Page 31 of 40 v{ Available online a t : A P P . A Z . q o v of11.1e sri Request for Proposal _ Arizona Department of Administration fF,vxmur., Solicitation No. State Procurement Office o A BPM000228 100 N 15th Ave.,Suite 402 -+ W �3Description: Phoenix,AZ 85007 191 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 4 Pricing Sheet Pricing must be shown in the EXCEL sheet(s) titled as shown below: 1. The following EXCEL document(s) has/have been provided for Offeror's completion and submission - titled as follows: ATTACHMENT 4 PRICING End of Attachment 4 PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 32 of 40 Available online at : A P P . A Z . g o v Request for Proposal Arizona Department of Administration Solicitation No. Office State Procurement .o BPM000228 dye;44 _ 100 N 15th Ave.,Suite 402 Description: Phoenix,AZ 85007 r912 • Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 5-A Confidential Information Designation All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103(copy attached)that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of"trade secret"will be the same as that set out in A.A.C. R2-7-101(52). Complete this form return it with your Offer along with the appropriate supporting information to assist State in making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER"CONFIDENTIAL"UNLESS DESIGNATED ON THIS FORM. Check one of the following—if neither is checked, State will assume that as equivalent to"DOES NOT": • This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C, R2-7-C317. O This response DOES contain trade secret information because it contains information that: 1. Is a formula, pattern, compilation, program, device, method,technique or process, AND 2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use:AND 3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy. NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7- 101(52)will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103. If State agrees with Offeror's designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance. By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to State's withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by State in defending such an action. FREIGHTLINER OF ARIZONA Offeror Company Name Signature of Authorized Person 9899 WEST ROOSEVELT STREET CORY TI IOMPSON Address Printed Name 'I'OLLESON AZ 85353 TRUCK SALES City State Zip Title End of Attachment 5-A PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0 (12-OCT-2018) Page 33 of 40 3 Available online at : A P P . A Z . q o v Request for Proposal qAnzooa Depattmenl of Adml^IslratiO, vim' Solicitation No. State Procurement Office- ._, BPM 001)228 • -100 N 15th Ave:,Suite 402 2),7e � Description: Phoenix,AZ 85097 •'92 ` Medium and Heavy Duty Cabs, Chassis, and Buses - Copy of A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance PROVIDED FOR REFERENCE ONLY A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion.A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section. B. Until a final determination is made under subsection(C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A)except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest. C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations: 1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest; 2. The designated information is not confidential;or. 3. Additional information is required before a final confidentiality determination can be made. D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator. E. An agency chief procurement officer may release information designated as confidential under subsection (A) if: 1. A request for review is not received by the state procurement administrator within the time period specified in the notice;or 2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential. PART 3 of the Solicitation Documents SECTION 3-B:Offer Forms Template version 3.0(12-OCT-2018) Page 34 of 40 Available online at : A P P . A Z , a o v �f Request for Proposal Arizona Department of Administration itatu Solicitation No. Office 7R41-48 State Procurement BPM 000228 100 N 15th Ave.,Suite 402 Description: Phoenix,AZ 85007 * 1912 Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 5-B Conformance Statements STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM. READ PARAGRAPH 6.8 OF THE INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS—TAKING EXCEPTIONS CAN BE GROUNDS FOR STATE REJECTING OR DOWN-GRADING YOUR OFFER IN EVALUATION. CONFORMANCE TO THE INSTRUCTIONS: (PART 3 OF THE SOLICITATION) Check one of the following-if neither is checked, State will assume that as equivalent to"YES": • YES -Offeror acknowledges that it has read and understands the Instructions to Offerors in Section 3- A of the Solicitation Documents and attests that its Offer complies with both. NO-Offeror acknowledges that it has read and understands the Instructions to Offerors in Section 3-A O of the Solicitation Documents. and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 1. CONFORMANCE TO THE SCOPE AND PRICING DOCUMENTS: (PART 2 OF THE SOLICITATION) Check one of the following-if neither is checked, State will assume that as equivalent to "YES": • YES-Offeror acknowledges that it has read and understands the Scope Document and the Pricing Document in Part 2 of the Solicitation Documents and attests that its Offer complies with both. NO- Offeror acknowledges that it has read and understands the Scope Document and the Pricing O Document in Part 2 of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 2. CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS: (PART 2 OF THE SOLICITATION) Check one of the following-if neither is checked, State will assume that as equivalent to"YES": YES-Offeror acknowledges that it has read and understands the Special Terms and Conditions and the • Uniform Terms and Conditions, along with their respective Exhibits and Appendices, in Part 2 of the Solicitation Documents and attests that its Offer complies with both. NO- Offeror acknowledges that it has read and understand the Special Terms and Conditions and the O Uniform Terms and Conditions, along with their respective Exhibits and Appendices in Part 2 of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment 5-B Supplement 3. PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0(12-OCT-2018) Page 35 of 40 v{ Available online at : A P P . A Z . g o v ofl"E STS Request for Proposal yv ,� Arizona Department of Administration �`�,''i Solicitation No. �,,�-� A State Procurement Office pnr BPM 000228 leo N 15th Ave.,Suite 402 40 i? Description: Phoenix.AZ 85007 191 Medium and Heavy Duty Cabs, Chassis, and Buses ATTACHMENT 5-B Supplement No. 1 : Exceptions to Instructions Article/ Paragraph or Exhibit Reference Proposed Changes/Alternate Language Rationale for Proposed Change Section 3-A: Instructions to Offerors NA FREIGHTLINER OF ARIZONA, LLC. Company Name Signature of Person Authorized to Sign PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0 (12-OCT-2018) Page 36 of 40 Available online at : A P P . A Z . g o v •StIE Request for Proposal pf :,�� 4n Arizona Department of Administration F = A Solicitation No. State Procurement Office '`� BPM000228 ve..Suite �c Description: 100Phoenx AZ 5007402 191 ' Medium and Heavy Duty Cabs, Chassis, and Buses ATTACHMENT 5-B Supplement No. 2: Exceptions to Scope of Work and Pricing Article/ Paragraph or Exhibit Reference Proposed Changes/Alternate Language I Rationale for Proposed Change Section 2-A: Scope of Work NA - i Section 2-B: Pricing Document NA FREIGHTLINER OF ARIZONA, LLC. Company Name Signature of Person Authorized to Sign PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 37 of 40 Available online at : A P P . A Z . e o v Request for Proposal Arizona Department of Administration Solicitation No. State Procurement Office BPM000228 100 N 15th Ave.,Suite 402 Description: Phoenix,AZ 85007 /912 Medium and Heavy Duty Cabs, Chassis, and Buses ATTACHMENT 5-B Supplement No. 3: Exceptions to Contract Terms & Conditions Article! Paragraph or Exhibit Reference Proposed Changes/Alternate Language Rationale for Proposed Change Section 3-A: Special Terms & Conditions NA Article/ Paragraph or • Appendix Reference Proposed Changes/Alternate Language Rationale for Proposed Change Section 3-B: Uniform Terms & Conditions NA FREIGHTLINER OF ARIZONA, LLC. Company Name Signature of Person Authorized to Sign End of Attachment 5-B PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms 3 Template version 3.0(12-OCT-2018) Page 38 of 40 Available online at : A P P . A Z . g o v �`. Request for Proposal gtlmnaDepartmentofYAdminisiretion "�' State Procurement Office ��� : Solicitation No. BPM000228 aoaHtsm Ave sults 402 Description: -Phoenbc AZ 85007* 191 • Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 5-C Insurance Provide a letter(s)from your Insurance company(les)stating that your company can obtain the Proofs)of Insurance as required in the Special Terms and Conditions. The additional letter(s)should be clearly marked as Attachment 5-C Supplement Insurance Insurance letter attached NOTE: If Awarded a Contract;Proof of insurance(e.g.ACORD forms)must be submitted prior beginning service(s) under the Contract. End of Attachment 5-C • • PART 3 of the Solicitation Documents SECTION 3-B:Offer Forms Template version 3.0(12-001-2018) Page 39 of 40 Available online at : A P P . A Z . Q o v Of.01EST.4 Request for Proposal v_ Anzona Department of Administration "=a7.Tr;; Solicitation No. State Procurement Office • `'�► BPM000228 ,%y�_ • 100 N 15th Ave.,Suite 402 �i� I Description: Phoenix.AZ 85007 *!sl * Medium and Heavy Duty Cabs, Chassis, and Buses Attachment 5-D Offer Checklist STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT SUBMIT ALL ATTACHMENTS. DOCUMENT SUBMITTf 1. Attachment 1: Offer and Acceptance Form ❑ YES ❑ no 2. Attachment 2-A: Experience and Capacity Questionnaire ❑ YES ❑ no 3. Attachment 2-B: Organization Profile ❑ YES ❑ no 4. Attachment 3-A: Method Proposal ❑ YES ❑ no 5. Attachment 3-B: Key Personnel Proposal ❑ YES ❑ no 6. Attachment 3-C: Proposed Subcontractors 0 YES ❑ no Attachment 3-E: Israel Boycott Disclosure'Not used to determine susceptibility and7. ❑ YES ❑ no responsiveness) 8. Attachment 4: Pricing Sheets 0 YES ❑ no 9. Attachment 5-A: Confidential Information Designation 0 YES ❑ no 10, Attachment 5-B: Conformance Statements 0 YES 0 no 11, Attachment 5-C: Insurance ❑YES ❑ no 12. Attachment 5-D: Reserved 0 YES ❑ no 13, Attachment 5-E: Error! Reference source not found. ❑ YES ❑ no End of Attachment 5-D End of Part 3 PART 3 of the Solicitation Documents SECTION 3-B: Offer Forms ^ Template version 3.0(12-OCT-2018) Page 40 of 40 v{ Available online at : A P P . A Z . g o v LINKING AGREEMENT BEIWIEN THE CITY OF GLENDALE,ARIZONA AND FREIGHTLINER OF ARIZONA,LLC EXHIBIT C METHOD AND AMOUNT OF COMPENSATION The method of payment is provided in Section 3 of the Agreement The amount of compensation paid to vendor for all work performed during the entire term of the agreement must not exceed $5,000,000 for the entire term of the Agreement. NOT TO EXCEED AMOUNT The total amount of compensation paid to Contractor for full completion of all work required by the Project must not exceed$5,000,000 for the entire term of the Agreement DETAILED PROJECT COMPENSATION Compensation is for the purchase of heavy duty trucks and equipment for various city departments on an as-needed basis. 6 1/29.18 Pricing for Medium and Heavy Duty Cab, Chassis, and Buses Instructions:Offerors shall provide pricing for all proposed Medium and Heavy Duty Cab,Chassis,and/or Buses in the columns below.Column E shall automatically populate the correct contract price utlliring the pre-entered formula. Manufacturer's I, Percentage(%) Make Model Suggested Retail PriceOff MSRP C°. • ra R Freightliner M2 106 Class 6 $ 98,034.00 35% 0 =1111/1 Freightliner M2 106 Class 7 $ 111,302.00 36%,02;aFF3 Freightliner M2 112 Class 7 $ 129,506.00 38%,Q 80944 5 Freightliner M2.106 Class 8 $ 117,77200 36% 0 74 902.y Freightliner M2 112 Class 8 $ 131,712.00 38% 0 81 924 86. Freightliner 108SD Class 7 $ 121,502.00 37% 0 76424. 6 Freightliner 114SD Class 7 $ 128,573.00 37% 0 :0:872-4 Freightliner 108SD Class 8 $ 123,198.00 37%'0 77 68.34 Freightliner 114SD Class 8 $ 130,204.00 37%•0 8_ 05. I Freightliner 122SD Class 8 $ ' 184,820.00 40% 0 0 0 :92.00 Freightliner Cascadia CADC Class 8 $ 163,901.00 37% 0 (, 77• .93 Western Star 4700 Class 8 $ 153,369.00 40% Q wiligi Western Star 4900 Class 8 $ 190,681.00 42% $ 010,213.62 Autocar ACX42 Class 8 $ 162,250.00 17% a 135,4 835 Autocar ACX64 Class 8 $ 172,250.00 17% 0 143,484. 5 Crane Carrier Co LET2-26 Class 8 $ 203,195.00 28% 0 Crane Carrier Co LET2-46 Class 8 $ 230,130.00 29% 0 _•• 082.69 0 0 0 0 0 .0 a 113 o 0 0 0 G ac © 0 13 a 0 0 '0 a 0 0 0 0 © G ,8 o •0 e 0 e ,0 e I© e .0 ,0 G 1,0 P 10. - o :I o4, CJ a 0 P I0. o1 19 10 n Pricing for Medium and.Heavy Duty Cab, Chassis, and Buses Options Instructions:Offerors shall provide information for any additonal option packages/add-ons available for Medium and Heavy Duty Cab and Chassis below.Proposed option packages shall only be for Medium and Heavy Duty Cab,Chassis, and Buses proposed on the Pricing-Vehicles'tab. Column E shall automatically populate the correct number utilizing the pre-entered formula Please copy and paste the format for additional space if necessary. Manufacturer/Make/Model: Freightliner/M2 106 Class 6 Manufacturer's Percentage Option Package Description: Suggested Retail (%)Off Price(MSRP) MSRP 1 5 lb Fire Extinguisher&Traingles $ 94.00 35% 0 (Yl` ' 2 Battery Shut off Switch $ 240.00 35% 0 b5..48 3 Jumpstart Provision $ 105.00 35% 0t9 4 Tilt and Telecopic Steering Column $ 478.00 35% 0 alaCt 5 Dual 2.1 Amp USB Chargers in Dash $ 135.00 35% $ 88.02 Manufacturer/Make/Model:. Freightliner/M2 106 Class 7 Manufacturer's Percentage Option Package Description: Suggested Retail (%)Off Contract Price(MSRP) MSRP 1 5 lb Fire Extinguisher&Traingles $ 94.00 36% 0 cfilgi 2 Battery Shut off Switch $ 240.00 36% 0 NEM 3 Jumpstart Provision $ 105.00 36% 0 6fi, 4 Tilt and Telecopic Steering Column $ 478.00 36% 0 3'..40 5 Dual 2.1 Amp USB Chargers in Dash $ 135.00, 36% $ 86.54 Manufacturer/Make/Model: Freightliner M2 112 Class 7 Manufacturer's Percentage Option Package Description: Suggested Retail (%)Otfi . • [t J Price(MSRP) MSRP 1 51b Fre Extinguisher&Traingles $ 94.00 38%'0 OM 2 Battery Shut off Switch $ 240,00 38% 0 150:00 3 Jumpstart Provision $ 105.00 38%i 0 !:'a6 3 4 Tilt and Telecopic Steering Column $ 478.00 38%,0 298.75 5 Dual 2.1 Amp USB Chargers in Dash $ 135.00 38% $ 84.38 Manufacturer/Make/Model: Freightliner M2 106 Class 8 Manufacturer's Percentage 1 Option Package Description: Suggested Retail (%)Off I Contract Price Price(MSRP) MSRP 1 5 lb Fire Extinguisher&Traingles $ 94.00 36%i0 .59.78 2 Battery Shut off Switch $ 240.00 36%'0 152.6' 3 Jumpstart Provision $ 105.00 36%l0 - 66.78 4 Tilt.and Telecopic Steering Column $ 478.00 36%.0 304:01 5 Dual 2.1 Amp USB Chargers in Dash $ 135.00 36%l$ 85.8. Pricing for Other Medium and Heavy Duty Cab,Chassis,and Buses Products or Services Instructions:Offerors shall provide pricing for all proposed Medium and Heavy Duty Cab,Chassis,and/or Buses products and services in the columns below. •Description of Item or service List Price Percents �%)Off List bra Freightliner-TCI MD 5yr200K Miles Ext Warranty T 980.00 0% 0 Cir r r Freightliner-TC2 MD 5yr200K Miles Ext Warranty $ 1,250.00 0% 0 5000 Freightliner-TC3 MD 5yr200K Miles Ext Warranty S 1,400.00 0% 0 i t:00 Freightliner-TC4 MD 5yr200K Miles Ext Warranty S 2,200.00 0% 0 girl l 00 Freightliner-WI HD 5yr200K Miles Ext Warranty $ 1,500.00 0% 0 iliOra Freightliner-TC2 RD 5yr200K Miles Ext Warranty S 2,325.00 0% 0 gain Freightliner-TC3 RD 5yr200K Miles Ext Warranty $ 2,900.00 0% 0 •a+.00 Freightliner TC4 HD 5yr200K Miles Ext Warranty $ 4,025.00 0% 0 4,02-00 Freightliner Cummins-136.7 HD]5yr200K Ext Warranty $ 1,200.00 0% 0 Wain r i Freightliner Cummins-86.7 AT3 5yr200K Ext Warranty $ 650.00 0% 0 .5000 Freightliner Cummins-19 1101 5yr200K Ext Warranty $ 3,600.00 0% 0 WWII i Freightliner Cummins-L9 AT3 50200K Ext Warranty $ 970.00 0% 0 ' 0,00' Detroit-DD5 EW4 5yr250 Miles Ext Warranty ' $ 1,950.00 0% 0 1 '50.00 Detroit-DD8 EW4 5yr200 Miles Ext Warranty $ 3,790.00 0% 0 3 T•i.00 Detroit-DDI3 EW4 5yr200 Miles Ext Warranty $ 3,000.00 0% 0 3 000 00 Towing and Roadside Assistance lyr/Unlimited Miles $ 250.00 0% 0 $0.00 Towing and Roadside Assistance-2yr/Unlimited Miles $ 450.00 0%.0 50.00 Allison-3000RDS 5yrNnftmited Miles S 673.00 0% 0 673 00 Allison-3500RDS.5yr/Unlimited Miles S 678.00 0% 0 678.00 Allison-4000RDS 5yrNnlimited Miles $ 1,051.00 0% 0 1051 00 Allison-4500RDS 5yr/Jnlimited Miles S 1,002.00 0% 0 1,002:00 Cummins-Diagnostic Software-First Year Subcription $ 820.00 0% 8 ; i id Detroit-Diagnostic Software-First Year Subcription $ 500.00 0% 0 500.00 Allison-Diagnostic Software-First Year Subcription $ 800.00 0% 0 800.00'. 0 c , 0 0 0 0 0 0 0 0 0 0 O 0 ,00 0 i� 0 i0 0 0 0 8 o : ,0 ' 0 0 0 I© o , .© C. 10 0. 0 :0 ' 0.,.' .0 0 I0 0 '0 0 s '0 ' 4 Vii. �© .ie ,a . ' :0 ., ,0 I New Vehicle Warranty Coverage Daimler Trucks North America LLC Freightliner(FTL) (FRE/GNT1INERli Run Smart. Freightliner Medium Truck �� Coverage' Description Timer Distance2 Basic Vehicle tT 2 Years Unlimited , Batts 1 Year 100,000 m1181 000 km Brightwork 8 Months Unfmited__ Cab Corrosion/Perforation 6 Years Unlimited Cab Structure 6 Years Unlimited Corrosion 8 Months Unlimited Croasmembers 5 Years Unlimited Diesel Emission 20101 6 Years 100,000 mi/18l 000 km Frame Rails 5 Years Unlimited 0H0144(Light Heavy Duty Trucks) 5 Years , 50,000 m1/80 600 km OH0144 (Medium Heavy Duty to Heavy Heavy Duty Trucks) 5 Years 100.000 m1181 000 km 0110144 Medium He 0 to Hea He Du Tractors) 5 Years 100,000 m1/181 000 km 011014 Tire2 Years 24,000 mI/3B 400 km Hybrid Transmission Eaton sF --- 3 Years 160,000 m11240 000 km Paint 1 Year 100,000 m1/181 000 km _Paint,Chassis 8 Months Unlimited Front Axle 2 Years Unlimited Rear Axle 2 Years Unlimited -- Transfer Cue 2 Years Unlimited Transmission6 2 Years Unlimited Detroit Front Axles(File Direct) Post-Model Year 20117 2 Years Unlimited Post-Model Year 20116 4 Yeati Unlimited Detroit Rear Axle(File Direct) Post-Model Year 2011' 2 Years Unbelted Post-Model Year 2011' 4 Years Unlimited Detroit DT-12 Transmission"(File Direct) _ 6 Years 750,000 mill 200 000 km 'Coverage may vary-,check vehicle's actual warranty coverage online via OWL'e Coverage Ink/Check Coverage screen. 'Time or distance,whichever comes first Applies to vehicles equipped with EPA 2010 compliant diesel engines. 4Appliee to models 2013 and later domiciled in the United States,check actual warranty online via OWL's Coverage info/Check Coverage screen for coverage listed as GHG14...". 'Customers will have only one(1)type of transmission coverage,depending on how the vehicle is speed. ;Front axle coverage is also applicable to gliders. Medium Duty—General Service: Warranty coverage is determined by Gross Combination Weight Rating.road surface,and vocation Please see www.ddcsn.com for specific coverage details. °Medium Duty—General Service Plus: Warranty coverage Is determined by Gross Combination Weight Rating,road surface,and vocation. Please see www.ddcsn.com for specific coverage details. °Detroit Transmission. Warranty coverage is delemvned by Gross Combination Weight Rating,road surface,and vocation. Please see www,ddcsn.com for specific coverage details. Warranty Statement&Warranty Coverage Descriptions follow on page two of this document. The In/ormaiwa provided in ibis document Is for general Information only end is not offered es customer's waisentye asp r sr r This coverage may bo superscdod mlhout notification. Me*.s/'4/111e Copyright CO Daimler Trucks North America 11C.All rights msenad. Daimler frocks North America LLC is a Daimler company New Vehicle Warranty Coverage Daimler )rucks North America LLC FreleMll--- F OrtritintATRj FrMphtfiner(PTCI Run Smart" Freightliner Level I Level I Coverage is not available for vehicles M these ng' Mining,P f Reuse Packer,to t Oilfield vocations: g9 Category Determinants Road Surface—most severe in-transit between sites 100%on-highway smooth concrete or asphalt GCW 82,000 Ib/41 730 kg or less Axles and Their Manufacturer's GVW Rating 2-axle unit 35,000 1b115 878 kg or less 3-axle unit 58,000 lb/28 308 kg or less 4-axle unit 71,00.0 Ib'32 205 kg or bas- 5-axle unit N/A Coverage' Description Time= Distance' Basic Vehicle 1 Year 100,000 mi/181 000 km Battery 1 Year 100,000 mi/161 000 km Brightwork 6 Months Unlimited Cab Corrosion/Perforation 5 Years Unlimited Cab Structure 3 Years 300,000 mil 483 000 km Corrosion 6 Months Unlimited Crossmembers 6 Years 750,000 mill 207 000 km Diesel Emission 20103 S Years 100,000 m1/18'000 km Frame Rails 8 Years 750,000 mill 207 000 kin GH0146(Medium Heavy Duty to Heavy Heavy Duty Trucks) 6 Years 100,000 mi/16'000 km GH014 (Medium Heavy Duty to Heavy Heavy Duty Tractors) 5 Years 100,000 m1116'000 km GHG 4 Tire 2 Years 24,000 mi/38 400 km Paint 1 Year 100.000 mi/16'000 km Paint,Chassis 6 Months Unlimited Front Axle' 3 Years 300,000 mV483 000 km Rear Axle 3 Years 300,000 m1483 000 km Transfer Case 3 Years 300,000 mV483 000 km Transmission 3 Years 300,000 mV483 000 km Detroit Front Axle(File Direct) Post-Model Year 2011 2 Years Unlimited Post-Model Year 20117 3 Years 300,000 mV 483 000 km Post-Model Year 20116 5 Years 750,000 milt 200 000 km Detroit Rear Axle(File Direct) Post-Model Year 2011' 2 Years Unlimited Post-Model Year 2011' 3 Years 300,000 ml/483 000 km Post-Model Year 20116 5 Years 750,000 mill 200 000 km T� Warranty Statement & Warranty Coverage Descriptions follow on page three of this document. The Information provided in this document is for general nfomration only and Is not offered as customer'waoanty. het I si r This coverage may be superseded without notification. vw t,6/14/201.1 Copyright cn Daindm Trucks North Amorica LLC.All rights rosy vod. Daimler Trucks North Anaofico LW is a Drndor company. New Vehicle Warranty Coverage Daimler Trucks North America LLC Freightliner(FTL) FRF/rill 711NF) Run Smart" Freightliner Level II (Factory released on or after 110712013) Level II Coverage is not available for vehicles in this + mining vocation: I _ Category Determinants Models with Limitations Up to 30%off-highway rough,maintained Columbia,Century,or Coronado: Road Surface—mosl severe in-transit concrete/asphalt;maintained gravel/ Up to 10%off-highway rough between sites crushed rock;maintained dirt or soft soil maintained concrete/asphalt; malntain_ed greveUc_rushed rock 140,000 b163 505 kg or less GCW Doubles on NY turnpikes are rated 143,000 lb Doubles on FL turnpikes are rated 147,000 lb Axles and Their Manufacturer's GVW Rating 2-axle unit 49,000 lb/21 000 kg or less 3-axle unit 69,000 lb131 000 kg or lass 4-axle unit 89,000 lb/40 000 kg or less . 5-axles or more 98,000 lb/44 452 kg or less --- Coverage' —_ __._–_�----- - Description Timet Distance Basic Vehicle 1 Year 100,000 m1/181 000 km 1 Year 100,000 mi/181 000 km Battery Brightwork 8 Months Unlimited Cab Corrosion/Perforation 6 Years Unlimited Cab Structure 3 Years 150,000 ml/241 000 km Corrosion 8 Months Unlimited _ Crossmembers 5 Years 300,000 mi/483 000 km Diesel Emission 20103 6 Years 100,000 ml/161 000 km Frame Rails 5 Years 300,000 ml/483 000 km 0H014 (Medium Heavy Duty to Heavy Heavy Duty Trucks) 5 Years 100,000 m11161 000 km °HOW(Medium Heavy Duty to Heavy Heavy Duty Tractors) 6 Years 100,000 m1/181 000 km 0H0141 Tire 2 Years A_ 24,000 m1/38 400 km Paint ^� 1 Year 100,000 m1/181 000 km Paint,Chassis 8 Months Unlimited Front Axles 2 Years 100,000 m1/161 000 km Rear Axle2 Years 100,000 m1/1B1 000 km Transfer Case _ v 2 Years 100,000 m11161 000 km Transmission 2 Years 100,000 mi1161 000 km Detroit Front Axle°(File Direct) Pre-Model Year 2011° 2 Years 100,000 m1/181 000 km Post-Model Year 20117 3 Years 300,000 m11463 000 km Post-Model Year 2011° 2 Years --I Unlimited Detroit Rear Axle(File Direct) Pre-Model Year 20116 2 Years 100,000 mi/181 000 km Post-Model Year 2011' 3 Years 300,000 mi/483 000 km Post-Model Year 2011° 2 Years Unlimited Warranty Statement & Warranty Coverage Descriptions follow on mge five of this document. the information pronded in this document is for general Information only end Is not offend es customer's wwnanly. Pap r w ii This cowrogc may be superredod without notification Maw:e/11/2511 Copyright trr%Daintier Trucks North America i t.C.AN rights reserved. Daimler Trucks Worth America LLC is a Daimler compsny. New Vehicle Warranty Coverage Daimler Trucks North America LLC Freightliner(F TL) SRF/57/7/ • Ron Smart.. Freightliner Level Ill (Factory released on or after 110712013) _! Category Determinants Road Surface—most severe in-transit between sites Any GCW All Okay Axles and Their Manufacturer's GVW Rating 2-axle unit Over 49,000 lb/21 000 kg 3-axle unit Over 69,000 Ib/31 000 k$ 4-axle unit Over 89,000 lb/40 000 kg 5-axles or more Over 98,000 Ib/44 452 kg Coverage' �-, Description Time - Distance? Basic Vehicle 1 Year60,000 m1/80 500 km Battery 1 Year 50,000 mi/80 500 km Brlghtwork 8 Months Unlimited Cab Corrosion/Perforation 1 Year 50,000 m1/80 500 km Cab Structure 1 Year 50,000 m1/80 600 km Corrosion _ 6 Months Unlimited Crossmembers 1 Year 50,000 m1/80 600 km Diesel Emission 2010' 6 Years 100,000 mi/161 000 km Frame Rails 1 Year 50,000 mi/80 600 km GH0144(Medium Heavy Duty to Heavy Heavy Duty Trucks) 5 Years 100,000 m1/161 000 km GH0144(Medium Heavy Duty to Heavy Heavy Duty Tractors) 6 Years 100,000 m1/181 000 km GHG144 Tire 2 Years 24,000 mi/38 400 km Paint , 1 Year 50,000 mi/80 500 km Paint,Chassis 8 Months Unlimited Front Axles 1 Year 100,000 m1/161 000 km Rear Axle 1 Year 100,000 mi/161 000 km Transfer Case 1 Year 100,000 mi/181 000 km Transmission 1 Year 100,000 mi/181 000 km Detroit Front Axle'(File Direct) Pre-Model Year 20116 1 Year 100,000 mi/181 000 km Post-Model Year 20117 1 Year Unlimited Post-Model Year 2011s 3 Years 300,000 mi/483 000 km Post-Model Year 2011° 2 Years Unlimited Detroit Rear Axle(File Direct) Pre-Model Year 2.011r 1 Year 100,000 mV161 000 km Post-Model Year 2011° 1 Year Unlimited Post-Model Year 2011° 3 Years 300,000 m11483 000 km Warranty Statement&Warranty Coverage Descriptions follow on page five of this document. the Information provided in this document is for general information only end is int offered as customer r warranty Pegs t w n This coverogc nrsy be superseded without notification. Matra:s/u/sus Copyright()Daimler Trucks North America LLC.All rights reserved, Daimler Trucks North America LW is a Daimler company. New Vehicle Warranty Coverage Daimler Trucks North America LLC Freiphtllner(FTL) FR IGHTIIN.FR 5 Run Smart. Freightliner SD Vocational Applicable Models: 108SD/114SD SD Vocational Coverage is only available for vehicles Cummins 8,C,or L ordered with the following engines: SD Vocational Coverage is not available for vehicles in Logging,Mining,Oil Field these vocations: Category Determinants Road Surface—most severe in-transit between sites <30%off-highway rough,maintained concrete/asphalt; maintained gravel/crushed rock;maintained dirt or soft soil (Class C or D roads)' GCW 02,000 Ib/41 730 19 or less Axles and Their Manufacturer's OVW Rating 2-axle unit 48,000 lb/20 865 kg or less 3-axle unit 88,000 ib/20 037 kg or less 4-axle unit N/A 6-axle unit N/A 'Class C roads have a natural surface and may be either constructed or established over time by repeated passage of vehic'es. The natural surface may be dirt,sand,or rock. A minimal amount of maintenance,if any at all,is limited primarily to spot surface grading to allow vehicle passage within the original road corridor. Class D roads are primitive roads that were not constructed but have been established over time by the passage of motor vehicles. These roads receive no maintenance or grading. Coverage= Description Times Distance3 Basic Vehicle 2 Years s _— Unlimited Battery mm^— --- 1 Year 100,000 mi/161 000 km Brightwork 6 Months Unlimited Cab Corrosion/Perforation 5 Years _ Unlimited Cab Structure 5 Years Unlimited Corrosion 6 Months Unlimited Croasmembers 8 Years Unlimited Diesel Emission 2 5 Yeats 100,000 mi/161 000 km Frame Rails 5 Years Unlimited r3 (Medium Heavy Duty to Heavy Heavy Duty Trucks) 5 Years 100,000 mi/181 000 km OH014s(Medium Heavy Duty to Heavy Heavy Duty Tractors) 5 Years 100,000 mi/181000 kin OHG14"Tire 2 Years 24,000 m1/38 400 km Paint 1 Year 100,000 mi/181000 km Paint,Chassis 6 Months Unimited Front Axie ' 2 Years Unlimited Rear Axle 2 Years Unlimited Transfer Case 2 Years Unlimited Transmission 2 Years Unimited Detroit Front Axle (File Direct) T Pre-Model Year2011 2 Years Unlimited Post-Model Year 2011' 3 Years 300,000 mi/483 000 km Detroit Rear Axle(File Direct) Pre Modal Year 2011 2 Years Unlimited Warranty Statement &Warranty Coverage Descriptions follow on page three of this document. The information provided in this document is for general information only and is not offered as customer's warranty. Amy r at This coverage may be supersodod without notification. tfKt;..r/14/20+4 Copyright(er)Daimler Trucks North America LLC.AX rights reserved, Daimler Trucks North America LW is a Daimler company. New Vehicle Warranty Coverage Daimler Trucks North America LLC Western Star (WST) WESTERN STAR` Western Star On-Highway (Orders placed on or after 3/08/13) On-Highway Coverage is limited to vehicles in these Linehaul/Longhaul and Pick-Up Delivery vocations: Category Determinants Road Surface— 100%on-highway most severe in-transit between sites Smooth concrete or asphalt(Class A or B Roads) GCW 92,000 lb/41 730 kg or less Axles and Their Manufacturer's GVW Rating 2-axle unit 38,000 lb/17 237 kg or less 3-axle unit 60,000 lb/27 216 kg or less 4-axle unit 74,000 Ib/33 566 kg or less 5-axle unit N/A Tri-Drive axles N/A Coverage Description Time Distance Basic Vehicle 1 Year Unlimited Battery 1 Year 100,000 mi/161 000 km Brightwork 6 Months Unlimited Cab Corrosion/Perforation 5 Years Unlimited Cab Structure 5 Years Unlimited Chassis Paint 6 Months Unlimited Corrosion 6 Months Unlimited Crossmembers 6 Years 750.000 mi/1 207 000 km Diesel Emission 20102 5 Years 100,000 mi/161 000 km Drivetrain 3 Years 300,000 mi/483 000 km Frame Rails 6 Years 750,000 mi/1 207 000 km Paint 1 Year 100,000 mi/161 000 km Towing/Roadside Assistance3 1 Year Unlimited —"Time or distance,whichever comes first 2 Applies to vehicles equipped with EPA 2010 compliant diesel engines 3 Up to a maximum of$550 per occurrence Warranty Statement & Warranty Coverage Descriptions on followingpages of this document. The information provided in this document Is for general Information only and is not offered as customer's warranty. '— This coverage may be superseded without notification. Pagel 413 Effective:4/12/2013 Copyright©Daimler Trucks North America LLC.All rights reserved. Daimler Trucks North America LLC is a Daimler company. Daimler Trucks North America LLC Dealer Warranty Manual NEW VEHICLE LIMITED WARRANTY WARRANTY COVERAGE _ DESCRIPTIONS&WARRANTY COVERAGE TABLES WESTERN STAR VOCATIONAL(ORDERS PLACED ON OR AFTER 3/08/2013) Western Star Vocational(Orders placed on or after 3/08/2013) ,tvi, WESTERN STARS Vocational Coverage is available for vehicles in these vocations: Any Category Determinants Road Surface-most severe in-transit between sites Up to 30%off-highway Rough,maintained concrete/asphalt;maintained gravel/crushed rock;maintained dirt or soft soil(Class C or D Roads) GCW 140,0001b/63 505 kg or less Doubles on NY turnpikes are rated 143,000 lb Doubles on FL turnpikes are rated 147,000 lb Axles and Their Manufacturer's GVW Rating 2-axle unit 48,000 lb/21 772 kg or less 3-axle unit 68,0001b/30 844 kg or less 4-axle unit 88,000 lb/39 916 kg or less 5-axles or more 98,000 lb/44 452 kg or less Description TSmea Distance" Basic Vehicle 1 Year Unlimited Battery 1 Year 100,000 mi/161 000 km Brightwork 6 Months Unlimited Cab Corrosion/Perforation 5 Years Unlimited Cab Structure 5 Years Unlimited Corrosion 6 Months Unlimited Crossmembcra 5 Years Unlimited Diesel Emission 20706 5 Years 100,000 mi/161 000 km Drlvetrain 2 Years 100,000 mi/161 000 km Frame Rails 5 Years Unlimited Paint 1 Year 100,000 nti/161 000 km Paint,Chassis 6 Months Unlimited Towing/Roadside Assistance` 1 Year Unlimited a. Time or distance,whichever comes first b. Applies to vehicles equipped with EPA 2010 compliant diesel engines c. Up to a maximum of$550 per occurrence. DISCLAIMER:Failure to read or distribute this information does not provide exemption from compliance with the information contained herein. Revised 4/24/13 Copyright®Daimler Truck North America LLC. 67 All rights reserved. Daimler Trucks North America LLC is a Daimler company. New Vehicle Warranty Coverage Daimler Trucks North America LLC Western Star(WST) �� L� WESTERN STAR" Western Star Severe Service (Orders placed on or after 3/08/13) Category Determinants Severe Service Coverage is not available for vehicles in Llnehaul/Longhaul and Pick-Up Delivery these vocations; >30%off-highway Rough,maintained concrete/asphalt; Road Surface-most severe in-transit between sites maintained gravel/crushed rock;maintained dirt or soft soil (Class C or D Roads) GCW All Okay Axles and Their Manufacturer's GVW Rating 2-axle unit Over 48,000 lb/21 772 kg 3-axle unit Over 68,000 lb/30 844 kg 4-axle unit Over 88,000 Ib/39 916 kg 5 axles or more Over 98,000 lb/44 452 kg Coverage Description Time Distance Basic Vehicle 1 Year 50,000 m1/80 500 km Battery 1 Year 50,000 mi/80 500 km Brightwork 6 Months Unlimited Cab Corrosion/Perforation 5 Years Unlimited Cab Structure 1 Year 100,000 mi/161 000 km Chassis Paint 6 Months Unlimited Corrosion 6 Months Unlimited Crossmembers 3 Years 300,000 m1/483 000 km Diesel Emission 20102 5 Years 100,000 mi/161 000 km Drivetraln 1 Year 100,000 mi/161 000 km Frame Rails 3 Years 300,000 mi/483 000 km Paint 1 Year 50,000 m1/80 500 km Towing/Roadside Assistance3 1 Year 50,000 mi/80 500 km --1 Time or distance,whichever comes first 2Applies to vehicles equipped with EPA 2010 compliant diesel engines 3 Up to a maximum of$550 per occurrence Warranty Statement & Warranty Coverage Descriptions on following panes of this document The information provided in this document is for general information only and is not offered as customer's warranty. This coverage may be superseded without notification. / 3 Wellve:4/12/12/201013 Copyright 0 Daimler Trucks North America LLC.A!I rights reserved. Daimler Trucks North America LLC is a Daimler company. New Vehicle Warranty Coverage Daimler Trucks North America LLC Western Star(WST) WESTERN STAR" Western Star Off-Road (Orders placed on or after 3/08/13) Off-Road Coverage is not available for vehicles in these Linehaul/Longhaul and Pick-Up Delivery vocations: Category Determinants Road Surface- 100%off-highway Rough,maintained concrete/asphalt; most severe in-transit between sites maintained gravel/crushed rock;maintained dirt or soft soil(Class C or D Roads) GCW All Okay Coverage Description Time' Distance' Basic Vehicle 6 Months Unlimited Battery 6 Months Unlimited Brightwork 6 Months Unlimited Cab Corrosion/Perforation 6 Months Unlimited Cab Structure 6 Months Unlimited '^ Corrosion 6 Months Unlimited Crossmembers 6 Months Unlimited Diesel Emission 20102 5 Years 100,000 mi/161 000 km Drivetrain 6 Months Unlimited Frame Rails 6 Months Unlimited Off Road On-Site Assistance8 6 months Unlimited Paint 6 Months Unlimited Paint,Chassis 6 Months Unlimited 'Time or distance,whichever comes first 2 Applies to vehicles equipped with EPA 2010 compliant diesel engines 9 Towing/transport to the nearest authorized repair location wit be reimbursed only for warrantable failures and when prearranged though DTNA Customer Assistance Center,call 1-800-385-HELP. Warranty Statement & Warranty Coverage Descriptions on following pages of this document. The Information provided in this document Is for genera!information only and Is not offered as customer's warranty. This coverage may be superseded without notification, ora Effective:4/12//12/2019 Copyright©Daimler Trucks North America LLC.All rights reserved Daimler Trucks North America LLC is a Daimler company RE HTL/ i ® EXTENDED COVERAGE WHAT IS TRUCK COVERAGE? Truck Coverage is the extended service coverage that progressively combines chassis components into increasingly more comprehensive packages.The least comprehensive / package is Truck Coverage 1(TC1),while the most comprehensive coverage is TC4. Those familiar with our engine coverage products will appreciate the ease of selling WESTERNSTAR value with these progressive packages.Truck Coverage is designed with the customer in mind,and coverages are grouped as they are typically purchased today. EXTENDED COVERAGE WHERE DID THIS PRODUCT ORIGINATE? Truck Coverage came from an Aftermarket Service Products(ASP)initiative to make chassis coverage easier to understand and sell.This product structure was designed to emulate our Engine Coverage(EW1-EW4).www.aftermarketserviceoroducts.corn TRUCKTruck Coverage I Inclusions. COVERAGE1 This product provides extended coverage for specific,factory-installed components including: ( FC 1 ) • Starter • Alternator Select components'of the following systems: • Climate Control(HVAC) • Cranking System • Charge Air Cooler • Suspension • Ignition System • Air Intake System • Charging System •May not Include the component itself. (Example.'Transfer Case Mounting is included while the rranskr Case itself is excluded) Truck Coverage t Exclusions' • Parksmart • Appliances • Engine • Cooling System • Personal Electronics • Axles • Steering • Transfer Case • Axle Seals NOTES: • Cab/Hood • Tires • Transmission • Batteries • Paint • Clutch NOTE I:There are four(4)different Truc; Coverages.Each TC package builds on th, • Wiring • Brightwork • Towing previous package(i.e.TC2 includes TC1; — — -- . - _ TC3 includes TC t &2;TC4 includes TC This product only covers specific,factory-installed components. 1,2&3).Towing Coverage and Axle Coverage are stand-atone coverages For a detailed list of exclusions,please refer to the Truck Coverage 1 exclusions list that would need to be added separately. posted on the ASP website www.aftermarketservicenroduots.com ParkSmart Coverage is only available in combination with one(1)of the TC products or Climate Control in the same time and distance NOTE 2.Truck Coverage 1 is not an extension of the standard new vehicle base warranty.For detailed information about specific components or components contained in each extended coverage system group,please email ASPHelp@daimler.com. CIWEIGHTLI EXTENDED COVERAGE WHAT IS TRUCK COVERAGE? \"."\-61J\dit Truck Coverage is the extended service coverage that progressively combines chassis components into increasingly more comprehensive packages.The least comprehensive package is Truck Coverage 1 (TC 1),while the most comprehensive coverage is TC4. Those familiar with our engine coverage products will appreciate the ease of selling value with these progressive packages.Truck Coverage is designed with the customer in mind, WESTERNSTAR° and coverages are grouped as they are typically purchased today.Truck Coverage 2 EXTENDED COVERAGE (TC2)is the Extended Service Coverage that combines several chassis components into one product. WHERE DID THIS PRODUCT ORIGINATE? Truck Coverage came from an Aftermarket Service Products(ASP)initiative to make chassis coverage easier to understand and sell.This product structure was designed to TRUCKemulate our Engine Coverage(EW1-EW4).www,afterrnarketserviceoroducts.com COVERAGE 2 (IUCI< C.overage 2 Inclusions: Truck Coverage 2 Is a unique and distinctive product that provides extended (N1.G 2 ) coverage for specific factory-installed components including: • Starter • Alternator Select components' of the following systems: • Cooling System • Chaiging System • Ignition System • Climate Control(HVAC) • Cranking System • Air Intake System ' • Suspension • Charge Ail Cooler • Drive Shafts 'May not Include the component itself. (Example:Transfer Case Mounting is included while the Transfer Case itseff is excluded.) Truck Coverage 2 Exclusions: • Parksmart • Personal Electronics • Axles • Steering • Transfer Case • Axle Seals • Cab/Hood • Tires • Transmission NOTES: • Batteries • Paint • Clutch NOTE 1•There are four(4)diffuicrit lruci: • Wiring • Brightwork • Towing Coverages.Each TC package builds on the • Appliances • Engine previous package(i.e.TC2 includes TC 1;TC3 includes TC 1 &2;ICA includes TC 1,2&3). TowingCoverage and Axle Coverage are TC2 only covers specific,factory-installed components. stand-alone coverages that would need to be added separately.ParkSmart Coverage For a detailed list of exclusions,please refer to the Truck Coverage 2 exclusions list is only available in combination with one(I) posted on the ASP website www.aftermarketserviceproducts,com. of the TC products or Climate Control in the same time and distance. NOTE 2:Truck Coverage 2 is not an extension of the standard new vehicle warranty. For detailed information about specific components or components contained in each extended coverage system group,please email ASPHelp@daimler.com. 6iithrLIN&® EXTENDED COVERAGE WHAT IS TRUCK COVERAGE? Truck Coverage is the extended service coverage that progressively combines chassis components into increasingly more comprehensive packages,The least comprehensive package is Truck Coverage 1 (TC1),while the most comprehensive coverage is TC4. Those familiar with our engine coverage products will appreciate the ease of selling value with these progressive packages.Truck Coverage is designed with the customer WESTERNSTAR: in mind,and coverages are grouped as they are typically purchased today.Truck EXTENDED COVERAGE Coverage 3(TC3)is the Extended Service Coverage that combines several chassis components into one product. WHERE DID THIS PRODUCT ORIGINATE? Truck Coverage came from an Aftermarket Service Products(ASP)initiative to make chassis coverage easier to understand and sell.This product structure was designed to TRUCKemulate our Engine Coverage(EW 1-EW4).www.aftermarketserviceproducts.com COVERAGE 3 Truck Coverage 3 Inclusions: • (TC3 ) Truck Coverage 3 is a unique and distinctive product that provides extended coverage for specific factory-installed components including: • Starter • Alternator Select components' of the following systems: • Wiring • Cranking System • Braking System • Cooling System • Charge Air Cooler • Lighting System • Climate Control(HVAC) • Ignition System • Fuel System • Suspension • Air Intake System • Charging System • Drive Shafts `May not include the component itself. (Example:Transfer Caso Mounting Is included while the Transfer Case itself is excluded.) Truck overage 3 Exclusions: NOTES: • Parksmart • Personal Electronics • Axles NOTE 1:There arc four(4)different Truck • Steering • Transfer Case • Axle Seals Coverage(TC)products.Each TC package • Cab/Hood • Tires • Transmission builds on the previous package(i.e.TC2 includes TC1;TC3 includes TC 1 &2;TC4 • Batteries • Paint • Clutch includes TC 1,2&3).Towing Coverage and • Appliances • Brightwork • Towing Axle Coverage are stand-alone coverages • Engine that would need to be added separately. ParkSmart Coverage is only available in combination with one(1)of the TC products Only covers specific,factory-installed components. or Climate Control in the same time and distance. For a detailed list of exclusions,please refer to the Truck Coverage 3 exclusions list NOTE 2:Truck Coverage 3 is not an posted on the ASP website www.aftermarketserviceoroducts.com. extension of the standard new vehicle warranty.For detailed information about specific components or components contained in each extended coverage system group,please email ASPHelpEidaimler.com. FREI EXTENDED COVERAC WHAT IS TRUCK COVERAGE? Truck Coverage is the extended service coverage that progressively combines chassis components into increasingly more comprehensive packages.The least comprehensive package is Truck Coverage 1 (TC 1),while the most comprehensive coverage is TC4. Those familiar with our engine coverage products will appreciate the ease of selling value WESTERN STAR with these progressive packages.Truck Coverage is designed with the customer in mind, and coverages are grouped as they are typically purchased today.Truck Coverage 4(TC4) t:Et: <:OVt-t:i-y?; is the Extended Service Coverage that combines several chassis components into one product.TC4 is the most comprehensive Extended Service Coverage offered arid is the only TC to include Detroit Assurance Extended Coverage. WHERE DID THIS PRODUCT ORIGINATE? Truck Coverage came from en Aftermarket Service Products(ASP)initiative to make TRUCK chassis coverage easier to understand and sell.This product structure was designed to emulate our Engine Coverage(LW I-EW4).www.aftermarketserviceoroducts.com COVERAGE 4 (iC 4 Truck Coverage 4 is a unique and distinctive product that provides extended coverage for specific,factory-installed components including: • Starter • Alternator • ATS/Emissions Select components' of the following systems: • Steering • Air Intake System • Fuel System • Cab/Hood • Electrical • Instruments • Wiring Accessories and Gauges • Cooling System • Exhaust System • Hydraulic Systems • Climate Control(HVAC) • Supplemental • General Accessories • Suspension Info Devices • Drive Shafts • Charging System • Instruments • Charge Air Cooler • Cranking System • Braking System • Transfer Case Mounts • Ignition System • Lighting System NOTES: •May not include the component ltsell. (Example:Transfer Case Mounting is included while the Transfer Case Itself is excluded.) 1 NOTE 1:There are four(4)different Truck Coverages.Each TC package builds on the previous package(i.e.TC2 includes TC 1;TC3 rt u c i< COV@Tie "" includes TC 1&2;TC4 includes TC 1,2& 3).Towing Coverage and Axle Coverage are • Parksmart • Tires • Axle Seals stand-alone coverages that would need to be added separately.ParkSmart Coverage is only • Batteries • Paint • Transmission available in combination with one(1)of the • Appliances • Brightwork • Clutch TC products or Climate Control In the same • Personal Electronics • Engine • Towing time and distance. • Transfer Case • Axles NOTE 2:Truck Coverage 4 is not an extension of the standard new vehicle warranty. For detailed information about specific Only covers specific,factory-installed components. components or components contained in each extended coverage system group, For a detailed list of exclusions,please refer to the Truck Coverage 4 exclusions list please email ASPHelp@dairnler.com. posted on the ASP website www.aftermarketserviceproducts.cont. ( FREIGHTLINER) ._1.,.___,. — -1`,- -- WESTERN STAR' TRUCK COVERAGE COMPARISONS EXTENDED COVERAGE EXTENDED COVERAGE TC3 TC4(Premium) ____ ONT SUSPENSION SUSPENSION AR SUSPENSION REAR SUSPENSION AIR INTAKE SYSTEM ,,,I; AIR INTAKE SYSTEM IGNITION SYSTEM :44-.. L IGNITION SYSTEM CHARGING SYSTEM ' _ CHARGING SYSTEM • CRANKING SYSTEM .4;,i CRANKING SYSTEM CHARGE AIR COOLER ?.f CHARGE AIR COOLER CLIMATE CONTROL CLIMATE CONTROL COOLING !-„,•14 COOLING • DRIVE SHAFTS �*`',� W�, DRIVE SHAFTS BRAKING SYSTEM 4 BRAKING SYSTEM WIRING ;;p WIRING FUEL SYSTEM FUEL SYSTEM STEERING EXHAUST SYSTEM • • • ATSJEMISSIONS • SUPPLEMENTAL INFO DEVICES • • CAB 8 HOOD ,• - • INSTRUMENTS 8 GAUGES - TRANSFER CASE MOUNTS Specifications are subject to change without notice.Copyright©2015 Daimler Trucks North America LLC.All rights reserved. Autocar,LLC LIMITED WARRANTY CERTIFICATE (This warranty certificate is applicable only to vehicles with 2010 emissions compliant engines. For vehicles built prior to March 2010 with non-2010 emissions compliant engines,refer to document AWO 05003. For vehicles built prior to 01 January 2007,refer'to document AWO 05002) THIS DOCUMENT'CONSISTS OF TWO PAGES. PLEASE READ THE IMPORTANT PROVISIONS ON BOTH PAGES OF THIS DOCUMENT. Autocar,LLC(Autocar)warrants the chassis of each newAutocar low-cab-over-engine class 8 vehicle under original ownership and operated exclusively in the 50 states of the United States ofAmerica and in Canada and placed in service in or after 2010 with 2010 emissions Compliant engines(Antocar Chassis),specifically excluding the body installed on the'chassis,to be free from material defects in Materials and workmanship upon the conditions,as limited and as otherwise set forth below and on the second page of this document(Limited Warranty). 1.Warranty Periods(fabled.to Limitations and Exclusions below and on Page 2) A.All warranty periods begin on the date and at the mileage/hours-in-service when the Autocar Chassis is placed in service, B. BASIC WARRANTY TERM: 12 months, 100,000 miles/161,000 kilometers or 3,000 hours-in-service, whichever occurs first. C. DRIVELINE. (CARRIER BEARINGS, HANGERS AND SHAFTS) AND REAR AXLE (DIFFERENTIAL CARRIER ASSEMBLY AND AXLE HOUSING)WARRANTY TERM: 36 months,300,000 miles/483,000 kilome- ters or9,000 houreln-service,whichever occurs first. D.CAB WARRANTY TERM: 60 months, 500,000 miles/805,000 kilometers or 13,000 hours-in-service, whichever occurs first,for cabStruc ure 36 months,300,000 miles/483 kilometers or 9,000 hours-in-service,whichever occurs first; for cab corrosion,limited to metal perforation(surface corrosion not covered). E. FRAME; CROSS MEMBERS AND FRAME BRACKETS FOR ENGINE/SUSPENSION MOUNTING WARRANTYTERM: 60 months,500,000 miles/805,000 kilometers or 15;000 hours-in-service,whichever occurs first. 2.Antorar's Obligations and Discretion A.Autocar's obligations=limited to the repair or replacement,at its sole option,of parts or components of the Autocar Chassis which are determined by Autocue in its sole discretion to be defective. At Autocar's option,parts or components msy be replaced with factory rebuilds. Replaced parts or components are the property ofAutocar. B. Warranty repairs and teplaceinents performed by an authorized Autoter dealer or authorized repair facility in accordance with the terms of this Limited Warranty are free of charge to the original owner of the Autocar Chassis. 3.Limitations A.This Limited Warranty.is not extended for any time out of service for repairs. B. This Limited Warranty covers only defects which are brought to the attention of an authorized Autocar dealer or autho- rized repair facility immediately upon discovery. C. THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY.PROVIDED BY AUTOCAR FOR YOUR AUTOCAR CHASSIS. AUTOCAR ASSUMES NO OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH YOURAUTOCAR CHASSIS OR YOUR VEHICLE. AUTOCAR DOES NOTAUTHORIZE YOUR SELLING DEALER, YOUR BODY MANUFACTURER OR.ANY OTHER PERSON OR ENTITY TO ALTER,AMEND OR OTHERWISE CHANGE THIS LIMITED WARRANTY IN ANY MANNER. D.AUTOCAR IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT; INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES YOU MAY CLAIM AS A RESULT OF THE USE OF YOUR AUTOCAR CHASSIS, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, DOWNTIME EXPENSES AND ANY OTHER COMMERCIALLOSSES. E. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, STATUTORY OR OTHERWISE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. Page 1 of 2 . AWO 05004 Rev.000 11440,7 I,1' it Autocar reserves the right to make changes at any time lathe design,materials and specifications of the Autocar Chassis end his ria obligation to make similes changes of updates in Autocer Chis fta manufactured pretiously. Q.Autticar will not be responsible for warranty elMina,product 10114 claims or the cost of recall actions resulting frOm improper conversion or body installation perforated by third parties engaged by the original oWner. 4.Exchtions(NOT covered Jydils Limited Warranty) A.ENGINE,TIRES MD AUTOMATIC TRANSMISSICN: The eagine, tires and automatic transmission are not covered by this Limited Warranty and are warranted by Their respective manufacturers, B.DAMAGE: Damage due to accident:s, misuse, negligence, improper operation, storage or transport, operation at excessive speeds,loading beyond the factory rated load capacity,failure to promptly bring a defect to the attention of an authorized Autocar dealer'or authorized repair facility immediately upon discovery and bumper or insufficient required maintenance. C. APPLICATION: Problems with configuration for theAutocar Chassis'application,including but not limited to incorrect axle or transmission gear ratios,failures caused by operation in excess of factory-ratedMad capacities or fannies caused by use ma manner for which the Autocar Chassis was not intended. The selling dealer has responsibility for determining and documenting the comet use and application of the Autocar Chassis by the owner in the final order configuration. Autoear Mpg have access to all data stored in all electronic control modules of the Aiitocar Pumas;denial of magas may result in loss Of warranty emyerage. D.ENVIR' oNMENTAEDAMAGE: Damage to partamade out delta,leather,wood,rubber,synthetics,paint or chrOrne which have been exposed to the elements or chemicals,including but not limited to road salts, industrial fallout or improper clenhersrpolithes or Weics. B.,GLASS: Glass breakage. and scratches (unless proof of *aerial defect is stablished to, Autocar's reasonable Satisfaction). F SEVERE SERVICE: Failure due to severe'service of suspension parts,including but not limited to rubber hi:A*1gs, torque cud bushings,spring pins and bushings. G.ALTERATIONS:.Any Autocar.Chassis repaired,maintained or altered in any manner inconsistent withAutocar service policies and procedures Of by a third party Other than an euthotited Arnett dealer or anthoftied repairfacility. H.INSTALLED BODYAND MITER EQUIPIFIENT: dartiage or defects caused by,end repair's and replaceinents necessitated by,improper conversion or installation of bodies or equipMent by third party manufacturers,body builders, converters or suppliers,including without limitation modification of the Autocar Chassis,or modification or removal of a component,in violation of Federal Motor'Willett Safety Standards,the Incomplete Vehicle Doctunent provided with the Autocar Chassis or the fftirly Builder's Installation Manual or comparable document issued by Autocar and applicable to the veliele. I. ROUTINE MAINTENANCE: Routine maintenance,including but not limited to replacement of oil filters,adjuStmetts of the engine, injection pump, transmission, brakes and 'linkages, and all related adjustments, diagnoses and tests. Parts normally consumed or worn out during a vehicle's normal service life and customarily replaced during routine Maintenance,including but not limited to bulbs,brake and clutch linings,bushings,belts and wiper blades are not covered atter the first SO days of the term of this Li 'ted Warranty. 3. ALIGNMENT: Alignment of axles and balancing of tires,including but not limited to chi. ging of axle camber,caster, toe and thmst angle settings, IC.NON-GENUINE PARTS: Any Anwar Chassis repaired by use of Parts,accessories,assemblies and exchange units Which are not genuine Autocar replacement parts. 1.. CAR STRUCTURE AND CORROSION: Structural defects or corrosion that occur in areas of the cab that have been previously damaged,repaired,altered or modified. M.ALTERED ODOMETER READING; Any Autocar Chassis on which the odometer has been disconnected or the mileage reading ha been altered. N.CERTAIN LABOR: Premium for overtime labor and shift differential and additional labor for an otherwise warrantable repair due to conversion or installation of bodies or equipment by third party manufacturers,body builders,converters or suppliers. a MISCELLANEOUS EXPENSE: Road service,towing,rental expenses,meals,lodging,telephone calls,travel time, loss of cargo,downtime,shop supplies,lube oil,lubricants,sealers,anti-freeze,Alter elements and labor performed by parties other than an authorized Autocar dealer or authorized repair facility. P. ADDITIONAL COMPONENTS: Accessories, components or parts that are not installed by an authorized Autocar dealer or authorized repair facility. Pagi2of 2 AWO 05004 Rest 000 2020 On-Highway Chassis Warranty CRANE CARRIER COMPANY Chassis Warranty Statement CRANE CARRIER COMPANY ("Manufacturer") warrants each new Crane Carrier sold by it or any of its authorized distributors to be free from defects in material or wori<manship under normal use, and in Crane Carrier Company approved service, as follows: Its obligation under this warranty is limited to the repairing or replacing, as hereinafter provided, at its option, any part or parts of said carrier found to the Manufacturer's satisfaction to be defective upon examination by the Manufacturer,provided that such part or parts shall be returned freight prepaid to the Manufacturer's factory upon request and providing: 1. Such parts are other than Major Component Parts, and have failed within twelve (12) months unlimited miles or 2,000 hours,whichever first occurs after delivery of such carrier, or 2. Such parts are Major Component Parts that have failed within the time and mileage period after delivery specified in the Major Components Parts Warranty Schedule. The repair or replacement of defective parts other than Major Component Parts will be made without charge for parts or labor when made at a Crane Carrier authorized Warranty Repair Station. Before any claim for the cost of replacement parts installed elsewhere than at an authorized Warranty Repair Station may be made under this warranty, prior notification of the need for the repairs must be given to the Manufacturer's Service Department In Tulsa, Oklahoma, and prior approval given by said Service Department. The repair or replacement of Major Component Parts will be made in accordance with the Major Component Warranty Schedule herein. The term"Major Component Parts,"as used above, means clutches, (except facings), steering gears,radiators, frame rails and cross members. The Warranty shall not apply to any carrier which has been subjected to misuse, negligence, accident, or which shall have been altered or repaired outside the factory, without prior Factory Service Department approval, which alteration or repair in the Manufacturer's judgment, affected the carrier's stability or reliability. Nor does it apply to normal maintenance services (such as engine tune-up, fuel system cleaning, adjustments, wheel alignment and balancing,brake and clutch adjustments)or the replacement of service items(filter elements,fluids or lubricants, and friction facings)made in connection with such maintenance services. The Manufacturer makes no warranty whatever with respect to engines, transmissions, axles, tires, starting devices, alternators, batteries, power take-offs, hoists, mixers, bodies, winches or other such trade accessories by other manufacturers, and passes on to the purchaser any and all separate warranties made by the respective manufacturers thereof. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF THE MANUFACTURER. MANUFACTURER SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES. THE MANUFACTURER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF A NEW CRANE CARRIER. THE WARRANTY SHALL NOT APPLY TO USED CARRIERS IN ANY WAY. Exclusion of Design Improvements Crane Carrier Company has a continuous testing, evaluation and design improvement program which periodically results in design changes and improvements. Crane Carrier Company reserves the right to make design changes or Improvements without imposing any obligation to Install these changes on the carrier vehicles previously delivered. Engine and Transmission Controls and Settings You are cautioned about the hazards of tampering with the engine controls, transmission controls, and related systems in your new carrier,as such tampering is a violation of Federal and State laws. The Manufacturer's standard specifications are set to meet current emission laws. In the event that engine controls/settings, transmission controls/settings, or related systems are changed or required emission decals are removed, you may be subject to legal penalties and denial of warranty coverage as provided in each manufacturer's warranty.Your new Crane Carrier has been built with components such as engines, transmissions and axles which have been manufactured by suppliers for Crane Carrier Company. You have the assurance of Crane Carrier Company, as a carrier vehicle manufacturer, that the design and installation of these components and their related combinations have been thoroughly reviewed and approved by each component manufacturer. Crane Carrier Company 1951 Reiser Ave.SE f New Philadelphia,OH 44663 "� • 2020 On-Highway Chassis Warranty CRANE CARRIER COMPANY &Ka 5,:.<.. ..y D4kw+.. In-Service Inspection The new Crane Carrier just delivered to you has been thoroughly inspected and adjusted by the Crane Carrier Factory prior to shipment. To assure your complete satisfaction and long life of your new carrier a Pre-Delivery In- Service Inspection is required,that will be performed by your Crane Carrier Distributor.Any other arrangements for a Pre-Delivery In-Service Inspection must be pre-approved and authorized by the Crane Carrier Service Department. The Pre-Delivery In-Service Inspection will be performed for you at no charge to you. After Completion of the"Pre-Delivery In-Service inspection" Your new carrier should be inspected daily by the operator and monthly by service technicians as outlined in the Crane Carrier Company Operation and Maintenance Manual to assure reliable service and to protect your warranty coverage. Crane Carriers are designed to give a long life of reliable service when operated properly and recommended maintenance schedules are followed. The life of vehicle components is directly dependent upon correct operation and timely maintenance inspections tailored to the work environment of your carrier. The recommended operating procedures are covered in the Operation and Maintenance Manual. If you have not received an Operation and Maintenance Manual with your new carrier, please contact the Crane Carrier Company Service Department. Service and Parts Manuals are provided for each carrier and should be received within six weeks of receiving the new carrier. It is the owners responsibility to fill out, sign and return the Warranty Registration card found on the inside back cover of the Warranty Registration booklet within 30 days receipt of the carrier. The registration card is pre-addressed and pre-paid postage is provided for your convenience. Failure to return the warranty registration card within 30 days will cause the warranty to start automatically 60 days from the date of shipment from Crane Carrier Company. Items Not Covered by Warranty Changes in adjustment resulting from normal use.This includes brakes and clutches, drive belts,wheel balance and axle alignment,clamps and controls. • Changes in adjustment resulting from normal use. This • Downtime and driver layover expense or other downtime includes brakes, drive belts, wheel balance, clamps and liabilities. controls. • Filter elements,including oil,fuel and water conditioner. • Brake and clutch lining replacement for normal wear or noise. • Contamination In the air,hydraulic or fuel systems. • Bulbs,fuses,mud flaps,reflectors or wiper blades. • Oil and grease for refill or make-up. • Vibration, squeaks, fitting and hose leaks, unusual noises, • Premium transportation costs for obtaining replacement loose bolts and hose and electrical connections are the result parts. of use and are not warrantable after 90 days from date canter • Telephone, telegraph, teletype and other communication is delivered by Crane Carrier. expense. • Wear out determined by manufacturer to not be premature. • Carrier towing charges or road service charges. • Damage from improper cleaning, storage or atmospheric • Unauthorized repairs(When Field Service Representative contamination. is not available, contact the Crane Carrier Salesman, • Deterioration of cab trim or paint including chipping or fading Distributor, or the Crane Carrier Service Department). • Required maintenance and maintenance items. Noise Emissions Warranty Crane Carrier Company warrants to the first person who purchases this vehicle for purposes other than resale and to each subsequent purchaser that this vehicle as manufactured by Crane Carrier Company, was designed, built and equipped to conform at the time It left Crane Carrier Company's control with all applicable U.S. EPA noise control regulations. This warranty covers the vehicle as designed,built and equipped by Crane Carrier Company,and is not limited to any particular part, component or system of the vehicle manufactured by Crane Carrier Company. Defects in the design, assembly or in any part, component, or system of the vehicle as manufactured by Crane Carrier Company,which,at the time it left Crane Carrier Company's control, caused noise emissions to exceed Federal standards, are covered by this warranty for the life of this vehicle. Crane Carrier Company * 1951 Reiser Ave.SE New Philadelphia,OH 44663 2020 16/0,-", _e___C__ CRANE CARRIER COMPANY On-Highway Chassis Warranty Chassis Warranty Statement CRANE CARRIER COMPANY ("Manufacturer") warrants each new Crane Carrier sold by it or any of its authorized distributors to be free from defects in material or workmanship under normal use, and in Crane Carrier Company approved service, as follows: Its obligation under this warranty is limited to the repairing or replacing, as hereinafter provided, at its option, any part or parts of said carrier found to the Manufacturer's satisfaction to be defective upon examination by the Manufacturer,provided that such part or parts shall be returned freight prepaid to the Manufacturer's factory upon request and providing: 1. Such parts are other than Major Component Parts, and have failed within twelve(12)months unlimited miles or 2,000 hours,whichever first occurs after delivery of such carrier,or 2. Such parts are Major Component Parts that have failed within the time and mileage period after delivery specified in the Major Components Parts Warranty Schedule, The repair or replacement of defective parts other than Major Component Parts will be made without charge for parts or labor when made ata Crane Carrier authorized Warranty Repair Station.Before any claim for the cost of replacement parts installed elsewhere than at an authorized Warranty Repair Station may be made under this warranty, prior notification of the need for the repairs must be given to the Manufacturer's Service Department in Tulsa, Oklahoma, and prior approval given by said Service Department. The repair or replacement of Major Component Parts will be made in accordance with the Major Component Warranty Schedule herein. The term "Major Component Parts," as used above, means clutches,(except facings),steering gears,radiators,frame rails and cross members.The Warranty shall not apply to any carrier which has been subjected to misuse, negligence, accident, or which shall have been altered or repaired outside the factory,without prior Factory Service Department approval,which alteration or repair in the Manufacturer's judgment, affected the carrier's stability or reliability. Nor does it apply to normal maintenance services(such as engine tune-up,fuel system cleaning,adjustments,wheel alignment and balancing,brake and clutch adjustments) or the replacement of service items (filter elements, fluids or lubricants, and friction facings) made in . connection with such maintenance services. The Manufacturer makes no warranty whatever with respect to engines, transmissions, axles, tires, starting devices, alternators, batteries, power take-offs, hoists, mixers, bodies, winches or other such trade accessories by other manufacturers,and passes on to the purchaser any and all separate warranties made by the respective manufacturers thereof. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION OR LIABILITY ON THE PART OF THE MANUFACTURER. MANUFACTURER SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES.THE MANUFACTURER NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF A NEW CRANE CARRIER.THE WARRANTY SHALL NOT APPLY TO USED CARRIERS IN ANY WAY. Exclusion of Design Improvements Crane Carrier Company has a continuous testing, evaluation and design improvement program which periodically results in design changes and improvements. Crane Carrier Company reserves the right to make design changes or improvements without imposing any obligation to install these changes on the carrier vehicles previously delivered. Engine and Transmission Controls and Settings You are cautioned about the hazards of tampering with the engine controls,transmission controls,and related systems in your new carrier, as such tampering is a violation of Federal and State laws, The Manufacturer's standard specifications are set to meet current emission laws. In the event that engine controls/settings, transmission controls/settings, or related systems are changed or required emission decals are removed, you may be subject to legal penalties and denial of warranty coverage as provided in each manufacturer's warranty.Your new Crane Carrier has been built with components such as engines,transmissions and axles which have been manufactured by suppliers for Crane Carrier Company. You have the assurance of Crane Carrier Company, as a carrier vehicle manufacturer, <:CCCo 200 CRANE CARRIER COMPANY o:c Sua2 that the design and installation of these components and their related combinations have been thoroughly reviewed and approved by each component manufacturer. Crane Carrier Company+ 1951 Reiser Ave. Si New Philadelphia,OH 44663 On-Highway Chassis Warranty In-Service Inspection The new Crane Carrier just delivered to you has been thoroughly inspected and adjusted by the Crane Carrier Factory prior to shipment. To assure your complete satisfaction and long life of your new carrier a Pre-Delivery InService Inspection is required, that will be performed by your Crane Carrier Distributor. Any other arrangements for a Pre- Delivery In-Service Inspection must be pre-approved and authorized by the Crane Carrier Service Department. The Pre-Delivery In-Service Inspection will be performed for you at no charge to you. After Completion of the"Pre-Delivery In-Service Inspection" Your new carrier should be inspected daily by the operator and monthly by service technicians as outlined in the Crane Carrier Company Operation and Maintenance Manual to assure reliable service and to protect your warranty coverage. Crane Carriers are designed to give a long life of reliable service when operated properly and recommended maintenance schedules are followed.The life of vehicle components is directly dependent upon correct operation and timely maintenance inspections tailored to the work environment of your carrier. The recommended operating procedures are covered in the Operation and Maintenance Manual. If you have not received an Operation and Maintenance Manual with your new carrier, please contact the Crane Carrier Company Service Department. Service and Parts Manuals are provided for each carrier and should be received within six weeks of receiving the new carrier. It is the owners responsibility to rill out, sign and return the Warranty Registration card found on the inside back cover of the Warranty Registration booklet within 30 days receipt of the carrier. The registration card is pre-addressed and pre-paid postage is provided for your convenience. Failure to return the warranty registration card within 30 days will cause the warranty to start automatically 60 days from the date of shipment from Crane Carrier Company. Items Not Covered by Warranty Changes in adjustment resulting from normal use.This includes brakes and clutches,drive belts,wheel balance and axle alignment, clamps and controls. Noise Emissions Warranty • Downtime and driver layover expense or other downtime • Changes in adjustment resulting from normal use.This includes liabilities. brakes,drive belts,wheel balance,clamps and controls. • Filter elements,including oil,fuel and water conditioner. • Brake and clutch lining replacement for normal wear or noise. • Contamination in the air,hydraulic or fuel systems. • Bulbs,fuses,mud flaps,reflectors or wiper blades. • Oil and grease for refill or make-up. • Vibration,squeaks,fitting and hose leaks,unusual noises,loose • Premium transportation costs for obtaining replacement bolts and hose and electrical connections are the result of use parts. and are not warrantable after 90 days from date carrier is . Telephone, telegraph, teletype and other communication delivered by Crane Carrier. expense. • Wear out determined by manufacturer to not be premature. • Carrier towing charges or road service charges. • Damage from improper cleaning, storage or atmospheric • Unauthorized repairs(When Field Service Representative contamination. is not available, contact the Crane Carrier Salesman, • Deterioration of cab trim or paint including chipping or fading. Distributor,or the Crane Carrier Service Department). • Required maintenance and maintenance items. Crane Carrier Company warrants to the first person who purchases this vehicle for purposes other than resale and to each subsequent purchaser that this vehicle as manufactured by Crane Carrier Company, was designed, built and equipped to conform at the time it left Crane Carrier Company's control with all applicable U.S. EPA noise control regulations. This warranty covers the vehicle as designed, built and equipped by Crane Carrier Company,and is not limited to any particular part, component or system of the vehicle manufactured by Crane Carrier Company. Defects in the design, assembly or In any part, component, or system of the vehicle as manufactured by Crane Carrier Company, which, at ?, L'ELOCI7Y TRUCK CENTERS 11/26/18 9899 W Roosevelt St. Tolleson, AZ 85353 Freightliner of AZ, LLC Organizational Chart Tolleson,AZ • Cory Thompson-Truck Sales • Tim Noeding-General Sales Manager • Jim Elkins-Service Manager • Emmett Davis-Shop Foreman Chandler,AZ • Jim Ross-Truck Sales • Mark Bruncie-Service Manager Tucson,AZ • Cory Thompson-Truck Sales • Justin Godfrey-Service Manager Flagstaff,AZ • Jim Ross-Truck Sales • Jimmy Gomez-Service Manager Nogales,AZ • Oscar Gonzales-Parts Manager CA WHITTIER I FONTANA I CARSON I HESPERIA I ONTARIO I OXNARD I SAN www.VelocityTruckCenters.com DIEGO AZ TOLLESON I CHANDLER I TUCSON I FLAGSTAFF I NOGALES ficrr,t.rnr,hrii") �ma iii s J ® < �► i•msenbauer al 1 CI}.SAL* � 'H {l�`k�tAV1R.!D{Z5� ?YTl n: 1'F 'I. J+•+K'•J�i,.f - ? Ir off, NON-TRANSFERABLE TOLLESON BUSINESS AND PROFESSIONAL LICENSE @;4 CITY OF TOLLESON 9555 WEST VAN BUREN a TOLLESON, AZ 85353 na 3' N-RR(ZOlo - LICENSE NO. YEAR IDENTIFICATION NO. BILLING ADDRESS 0000002173 2018 FREIGHTLINER OF ARIZONA F' ATTN: CLAUDIA LOZANO 2429 PECK RD 4 WHITTIER, CA 90601 7) BUSINESS ADDRESS THIS LICENSE EXPIRES DECEMBER 31,2018 ISSUE DATE: Feb 01,2018 FREIGHTLINER OF ARIZONA 9899 W ROOSEVELT ST EXPIRATION DATE: 12/31x2018 TOLLESON, AZ 85353 LICENSE FEE 60.00 PAYMENTS 60.00 BALANCE 0.00 >t� CODE JOiCTYPE OF BUSINESS .` TRUCK SALES/SERVICE 4 / I LS.7 R1! P STE t_ICFNSE ✓ • . THORIZI SI N PO tE Qv ODt951DAIIT "OIGt_ximife`— 73E®101431 ,' =',�,,.-aii.i,l-r- m_ `ekm—f 6J, _._- ' FREIGHTLINER dr auk QLerttttcatc.... spe Presented to .r `- t, r Cory Thompson . In recognition for the successful completion of Freightliner's Masters Professional Sales Certification 4 1 - if • . r. A rigorous curriculum of product training and continuing education instruction leading to sales excellence and customer satisfaction. 1. ' ` - -. : Certified for Years ( SALES t, iiiiiii, TRAINING , 1111111 W. ,,..., ... , -,___, e;._ -i,, A:11,,....., ,_-•\.._./..._. - i .--- 1. ; J 4 " Vice President/Sales/Frei liner Trucks Sales Training Mdager/ eightliner Trucks r---- - • iii ), { __ Certtft of Rtbiebemettt- - -"- Presented to f -=_ Tim Noeding T 1 .: , In recognition for the successful completion of Freighdiner's Sales Manager Certification if- ____ �..__._. A rigorous curriculum of product and leadership training leading to jo ; sales management excellence and customer satisfaction. !`-__ II Illirill ?M C_—. -, ,A - _fit > __1 1 :. . _. .. "'w" M - _ -.....-......•• 'l .� 0 `t�• 4' f .wr. Certified for Years 2010, 2015, 2016 & 2018 L` Vice President/Sales/Freigh er Trucks Sales Training Freightliner Trucks SALES :. -- TRAINING ----\ / • rii --- - - - (FREIGHTLINER-1h . . —7, lc T FIMMr . .mac- y-. / / ertca e of 4j F — a::, : i Presented to e- .� Jim Ross 1 1 - - -'' In recognition for the successful completion of Freightliner's i Masters Professional Sales Certification , ;�—' A rigorous curriculum of product training and continuing education instruction leadingto sales excellence.and customer satisfaction. .. � � it rr. ..• i_'"' J P' 7 �r.'I;I �r_ Yy_ Certified for Years '' 2015 2016, 2017 & 2018 �, Iv- Dill WI SALES Y`}J�p��=+?J TRAINING Will WI Lir- j V __... 0.. • Vice President/Sales/Frei -ner Trucks Sales Training Maka4ai.ffeightliner Trucks DAIMLER Daimler Trucks North America Chris Abarca District Manager Freightliner Trucks November 26, 2018 Arizona Department of Administration State Procurement Office 100 N. 15'h Ave. Suite 402 Phoenix, AZ. 85007 Dear State Procurement Office,: This letter will certify that Freightliner of Arizona LLC is our approved franchised dealer for the State of Arizona. They are authorized to sell, service and provide aftermarket parts for Freightliner Trucks and Detroit Engines. If you have any questions,please let me know,my contact information is below. Thank you. Regards, \\,) \'•\,k\ Chris Abarca District Manager !Munk•,Trucks Norlb Aeenaa l l 1. 4555 N Channel Ave Coil,Hr)9 Ibrlk,nd OR 97?17 209469-7609 Phone V r 6-2u0-0601 Fax A Daimler Company r.hn;aLuc,,Adannler coni KIMBLE' MANUFACTURING CCC Hines COMPANY • 11/21/18 To whom it may concern: Subject: Freightliner of Arizona. Freightliner of Arizona, LLC is an authorized Sale,Service and Parts dealer for the Crane Carrier Company. Their primary area of responsibility is the State of Arizona. If you need any further information please contact me. Bill Boyle Regional Sales Manager—Western Region 918-430-4837 bboyle@crane carrier.com CGCG!j CRANE CARRIER COMPANY A Hlnar Corporat on Company 1951 Reiser Ave. SE New Philadelphia, OH 44663 O 918.836.1651 www.cranecarrier.com rAuTocAR 6744/lGrfl //-� November 27,2018 As of today's date, Freightliner of Arizona,LLC located at 9899 W. Roosevelt Street,Tolleson, AZ 85353 is an authorized Autocar, LLC distributor, Regards, Charles Christy Vice President, Channel Development Autocar, LLC • 4680 Pinson Valley Pkwy, Centelpoint,AL 35215 Office:765:439.1837 DAIMLER VIA Email: bfavvre@vvgtnuck.COM Daimler Trucks North America,LLC Bruce MacWhirter Director Distribution Operations Daimler Trucks North Arrerica, LLC 2477 Deerfield Drive Fort Mill,SC 29715 (803)578-3308 Bruce.MacWhirter@Dairrier.com November 26, 2018 Bradley Charles Fauvre,President Freightliner of Arizona, LLC 9899 W. Roosevelt Street Tolleson,AZ 85353 Dear Mr. Fauvre: This letter will serve as official verification that Freightliner of Arizona, LLC is doing business as: Freightliner of Arizona 9899 W. Roosevelt Street,Tolleson, AZ Western Star—Full Service Freightliner of Arizona 1230 S. Akimel Lane, Chandler, AZ Western Star—Full Service Freightliner of Arizona 5650 E. Travel Plaza Way,Tucson,AZ Western Star—Full Service Freightliner of Arizona 4201 E.Huntington Drive, Flagstaff,AZ Western Star—Service and Parts Velocity Truck and Trailer Parts 2651 N Grand Ave.,Nogales,AZ Western Star—Parts Only The locations listed above are authorized Western Star Trucks dealers. They are authorized to sell new Western Star Trucks in addition to sales of replacement parts and performance of warranty service for Western Star Trucks. Freightliner of Arizona, LLC became an authorized Western Star Dealer on March 31,2015. Sincerely, ISA Vu. a,tJVJ Bruce MacWhirter Director Distribution Operations- Daimler Trucks North America LLC cc: Michelle Derbyshire-Business Development Manager gr Shepherd e INSURANCE ''°' ' November 19,2018 Re: Freightliner of Arizona,LLC—5-C Supplemental Insurance To Whom It May Concern: This letter is to confirm that the above insured can meet the requirements outlined In BPM000228. If you have questions or need anything else, please let us know. I can be reached at 317-573-3050. Thank you, Matthew Smith,CRM Shepherd Insurance,LLC 111 Congressional Boulevard,Suite 100,Carmel,IN 46032-5638 I T 317.846.5554 I F 317.846.5444 I shepherdins,com