Agreement - H&E

ls © CHANDLER
WS arizona

City Clerk Document No.

City Council Meeting Date:_May 13, 2021

CITY OF CHANDLER PURCHASE AGREEMENT
STREET SWEEPER
CITY OF CHANDLER AGREEMENT NO. ST1-929-4308/CHNO0248T/T029601X

THIS AGREEMENT (Agreement) is made and entered into by and between the City of Chandler, an
Arizona municipal corporation (City), and H&E Equipment Services, Inc. a Delaware corporation
(Contractor), (City and Contractor may individually be referred to as Party and collectively referred
to as Parties), made , 2021 (Effective Date).

RECITALS

A. City proposes to purchase street sweepers as more fully described in Exhibit A, which is attached
to and made a part of this Agreement by this reference.

B, Contractor is ready, willing, and able to provide the goods or services described in Exhibit A for
the compensation and fees set forth and as described in Exhibit B, which is attached to and made a
part of this Agreement by this reference.

C. City desires to contract with the Contractor to provide these goods or services under the terms
and conditions set forth in this Agreement.

AGREEMENT

NOW, THEREFORE, in consideration of the premises and the mutual promises contained in this
Agreement, City and Contractor agree as follows:

SECTION 1: DEFINITIONS

For purposes of this Agreement, the following definitions apply:

Agreement means the legal agreement executed between the City and the Contractor
City means the City of Chandler, Arizona

Contractor means the individual, partnership, or corporation named in the Agreement
Days means calendar days

May, Should means something that is not mandatory but permissible

Shall, Will, Must means a mandatory requirement

SECTION II: CONTRACTOR'S SERVICES

Contractor must perform in accordance with Exhibit A to the City's satisfaction within the terms and
conditions of this Agreement and within the care and skill that a person who provides similar goods

services In Chandler, Arizona exercises under similar conditions. All goods or services furnished by
Contractor under this Agreement must be performed ina skilled and workmanlike manner. Unless
authorized by the City in writing, all fixtures, furnishings, and equipment furnished by Contractor as
part of the goods or services under this Agreement must be new, or the latest model, and of the
most suitable grade and quality for the intended purpose of the goods or services.

SECTION Ill: PERIOD OF SERVICE
Contractor must perform in accordance with Exhibit A for the term of this Agreement.

Following execution of this Agreement by City, the Contractor will immediately commence work and
will complete all work described within 60 days from the date the Contractor Is notified to proceed.

SECTION IV: PAYMENT OF COMPENSATION AND FEES

Unless amended in writing by the Parties, Contractor's compensation and fees as more fully
described in Exhibit B for performance approved and accepted by the City under this Agreement
must not exceed $501,657.26, Contractor must submit requests for payment for goods or services
approved and accepted during the previous billing period and must include, as applicable, detailed
invoices and receipts, a narrative description of the tasks accomplished during the billing period, a
list of any deliverables submitted, and any subcontractor's or supplier's actual requests for payment
plus similar narrative and listing of their work, Payment for those goods or services negotiated as a
lump sum will be made in accordance with the percentage of the goods furnished or services
completed during the preceding billing period, Goods or services negotiated as a not-to-exceed fee
will be paid in accordance with the goods furnished or services completed during the preceding
month. All requests for payment must be submitted to the City for review and approval. The City will
make payment for approved and accepted goods or services within 30 days of the City’s receipt of
the request for payment, Contractor bears all responsibility and llabllity for any and all tax
obligations that result from Contractor's performance under this Agreement.

SECTION V: GENERAL CONDITIONS

51 Records/Audit, Records of the Contractor's direct personnel payroll, relmbursable expenses
pertaining to this Agreement and records of accounts between the City and Contractor must be kept
on the basis of generally accepted accounting principles and must be made available to the City and
its auditors for up to three years following the City's final acceptance of the goods or services under
this Agreement, The Clty, its authorized representative, or any federal agency, reserves the right to
audit Contractor's records to verlfy the accuracy and appropriateness of all cost and pricing data,
including data used to negotiate this Agreement and any amendments, The Clty reserves the right
to decrease the total amount of Agreement price or payments made under this Agreement or
request reimbursement from the Contractor following final contract payment on this Agreement ff,
upon audit of the Contractor's records, the audit discloses the Contractor has provided false,
misleading, or inaccurate cost and pricing data. The Contractor will include a similar provision in all
of its contracts with subcontractors providing goods or services under the Agreement Documerits to
ensure that the City, Its authorized representative, or the appropriate federal agency, has access to
the subcontractors’ records to verify the accuracy of all cost and pricing data, The City reserves the
right to decrease Contract price or payments made on thls Agreement or request reimbursement
from the Contractor following final payment on this Agreement if the above provision is not

included in subcontractor agreements, and one or more subcontractors refuse to allow the City to
audit their records to verify the accuracy and appropriateness of all cost and pricing data. If,
following an audit of this Agreement, the audit discloses the Contractor has provided false,
misleading, or inaccurate cost and pricing data, and the cost discrepancies exceed 1% of the total
Agreement billings, the Contractor will be liable for reimbursement of the reasonable, actual cost of
the audlt.

5.2 Alteration in Character of Work, Whenever an alteration in the character of work results in a
substantial change in this Agreement, thereby materially increasing or decreasing the scope of
work, cost of goods, cost of performance, or Project schedule, the goods or services will be
performed as directed by the City. However, before any modified work is started, a written
amendment must be approved and executed by the City and the Contractor. Such amendment
must not be effective until approved by the City, Additions to, modifications, or deletions from this
Agreement as provided herein may be made, and the compensation to be paid to the Contractor
may accordingly be adjusted by mutual agreement of the Parties. it is distinctly understood and
agreed that no clam for extra work done or materials furnished by the Contractor will be allowed by
the Clty except as provided herein, nor must the Contractor do any work or furnish any materials
not covered by this Agreement unless such work is first authorized in writing. Any such work or
materials furnished by the Contractor without prior written authorization will be at Contractor's own
risk, cost, and expense, and Contractor hereby agrees that without written authorization Contractor
will make no claim for compensation for such work or matertals furnished,

5.3 Termination for Convenience. The City and the Contractor hereby agree to the full
performance of the covenants contained herein, except that the City reserves the right, at Its
discretion and without cause, to terminate or abandon any purchase or service provided for in
this Agreement, or abandon any portion of the Project for which the Contractor has performed,
In the event the City abandons or suspends the purchase or services, or any part of the
purchase or services as provided in this Agreement, the City will notify the Contractor in writing *
and immediately after receiving such notice, the Contractor must discontinue advancing the
work specified under this Agreement. Upon such termination, abandonment, or suspension,
the Contractor must deliver to the City all drawings, plans, specifications, special provisions,
estimates and other work entirely or partially completed, together with all unused materials
supplied by the City. The Contractor must appraise the goods or services Contractor has
completed and submit Contractor's appraisal to the City for evaluation. The City may inspect
the Contractor's goods or services to appraise the status completed, The Contractor will receive
compensation in full for goods provided or services performed to the date of such termination.
The fee will be paid In accordance with Section IV of this Agreement, and as mutually agreed
upon by the Contractor and the City. If there is no mutual agreement on payment, the final
determination will be made In accordance with the Disputes provision in this Agreement.
However, in no event may the payment exceed the payment set forth in this Agreement nor as
amended. in accordance with Alteration In Character of Work. The City will make the final
payment within 60 days after the Contractor has delivered the last of the partially completed
items and the Parties agree on the final payment, If the City is found to have improperly
terminated the Agreement for cause or default, the termination will be converted to a
termination for convenience in accordance with the provisions of this Agreement.

5,4 Termination for Cause. The City may terminate this Agreement for Cause upon the occurrence
of any one or more of the following events: in the event that (a) the Contractor fails to perform

pursuant to the terms of this Agreement, (b) the Contractor is adjudged a bankrupt or insolvent, (c)
the Contractor makes a general assignment for the benefit of creditors, (d) a trustee or receiver is
appointed for Contractor or for any of Contractor's property (e) the Contractor files a petition to
take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, (f) the
Contractor disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or (g) the Contractor fails to cure default within the time requested, Where Agreement
has been so terminated by City, the termination will not affect any rights of City against Contractor
then existing or which may thereafter accrue.

5,5 Indemnification. The Contractor (Indemnitor) must indemnify, defend, save and hold
harmless the City and its officers, officials, agents and employees (Indemnitee) from any and all
claims, actions, flabilities, damages, losses or expenses (Including court costs, attorneys' fees
and costs of claim processing, investigation and litigation) (Claims) caused or alleged to be
caused, in whole or in part, by the wrongful, negligent or willful acts, or errors or omissions of
the Contractor or any of its owners, officers, directors, agents, employees, or subcontractors in
connection with this Agreement. This indemnity includes any claim or amount arising out of or
recovered under workers' compensation law or on account of the failure of the Contractor to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court decree.
The Contractor must indemnify Indemnitee from and against any and ail Claims, except those
arising solely from Indemnitee's own negligent or willful acts or omissions. The Contractor Is
responsible for primary loss investigation, defense and judgment costs where this
indemnification applies. In consideration of the award of thls Agreement, the Contractor agrees
to waive all rights of subrogation against Indemnitee for losses arising from or related to this
Agreement. The obligations of the Contractor under this provision survive the termination or
expiration of this Agreement.

5.6 Insurance Requirements, Contractor must procure insurance under the terms and
conditions and for the amounts of coverage set forth in Exhibit C against claims that may arise
from or relate to performance of the work under this Agreement by Contractor and its agents,
representatives, employees, and subcontractors. Contractor and any subcontractors must
maintain this insurance until all of their obligations have been discharged, including any
warranty periods under thls Agreement. These insurance requirements are minimum
requirements for this Agreement and in no way (imit the indemnity covenants contained in this

_ Agreement. The City in no way warrants that the minimum limits stated in Exhibit C are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Agreement by the Contractor, the Contractor's agents, representatives,
employees, or subcontractors. Contractor is free to purchase such additional insurance as may
be determined necessary.

5.7 Cooperation and Further Documentation. The Contractor agrees to provide the City such
other duly executed documents as may be reasonably requested by the City to implement the
Intent of thls Agreement.

5.8 Notices. Unless otherwise provided, notice under this Agreement must be in writing and will
be deemed to have been duly given and received either (a) on the date of service if personally
served on the party to whom notice is to be given, or (b) on the date notice is sent If by
‘electronic mail, or (c) on the third day after the date of the postmark of deposit by first class
United States mail, registered or certified, postage prepaid and properly addressed as follows:

For the City For the Contractor

Name:_ Christina Pryor Name:_Lee Tonan

Title:_Purchasing Manager Title:_ Sweeper Sales

Address:_175 S. Arizona Ave. Address:_7500 Pecue Lane
Chandler, AZ 85225 Baton Rouge, LA 70809

Phone:_(480) 782 2403 Phone:_(702) 320 6261

Email christina, pryor@chandleraz.gov Email: ltonan@he-equipment.com

5,9 Successors_and Assigns, Clty and Contractor each bind Itself, its partners, successors,
assigns, and legal representatives to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other party in respect to all covenants of
this Agreement. Neither the City nor the Contractor may assign, sublet, or transfer its interest
in this Agreement without the written consent of the other party. In no event may any
contractual relation be created between any third party and the City.

5.10 Disputes. In any dispute arising out of an Interpretation of this Agreement or the duties
required not disposed of by agreement between the Contractor and the City, the final
determination at the administrative level will be made by the Clty Purchasing and Materials
Manager.

5.11 Completeness and Accuracy of Contractor's Work. The Contractor must be responsible for
the completeness and accuracy of Contractor's services, data, and other work prepared or
compiled under Contractor's obligation under this Agreement and must correct, at Contractor's
expense, all willful or negligent errors, omissions, or acts that may be discovered. The fact that
the City has accepted or approved the Contractor's work will in no way relieve the Contractor of
any of Contractor's responsibilities.

5.12 Withholding Payment. The City reserves the right to withhold funds from the Contractor's
payments up to the amount equal to the claims the City may have against the Contractor until
such time that a settlement on those claims has been reached.

5.13 City's Right of Cancellation, The Parties acknowledge that this Agreement is subject to
cancellation by the City under the provisions of Section 38-511, Arizona Revised Statutes
(ARS),

5,14 Independent Contractor. For this Agreement the Contractor constitutes an independent
contractor, Any provisions In this Agreement that may appear to give the City the right to direct
the Contractor as to the details of accomplishing the work or to exercise a measure of control
over the work means that the Contractor must follow the wishes of the City as to the results of
the work only. These results must comply with all applicable laws and ordinances.

5.15 Project Staffing. Prior to the start of any work under this Agreement, the Contractor must
assign to the City the key personnel that will be Involved in furnishing goods or performing
services prescribed in the Agreement. The City may acknowledge its acceptance of such
personnel to furnish goods or perform services under this Agreement, At any time hereafter
that the Contractor desires to change key personnel while performing under the Agreement,
the Contractor must submit the qualifications of the new personnel to the City for prior

approval. The Contractor will maintain an adequate and competent staff of qualified persons,
as may be determined by the City, throughout the performance of this Agreement to ensure
acceptable and timely completion of the Scope of Work, If the City objects, with reasonable
cause, to any of the Contractor's staff, the Contractor must take prompt corrective action
acceptable to the City and, if required, remove such personnel from the Project and replace
with new personnel agreed to by the City.

5.16 Subcontractors, Prior to beginning the work, the Contractor must furnish the City for
approval the names of subcontractors to be used under this Agreement. Any subsequent
changes are subject to the City's written prior approval.

5.17 Force Maleure. If either party is delayed or prevented from the performance of any act
required under this Agreement by reason of acts of God or other cause beyond the control and
without fault of the Party (financial inability excepted), performance of that act may be excused,
but only for the period of the delay, if the Party provides written notice to the other Party
within ten days of such act. The time for performance of the act may be extended for a period
equivalent to the perlod of delay from the date written notice is received by the other Party.

5.18 Compliance with Laws. Contractor understands, acknowledges, and agrees to comply with
the Americans with Disabilities Act, the Immigration Reform and Control Act of 1986 and the
Drug Free Workplace Act of 1989, All services perfarmed by Contractor must also comply with
all applicable City of Chandler codes, ordinances, and requirements. Contractor agrees to
permit the City to verify Contractor's compliance.

5.19 No israel Boycott. By entering into this Agreement, Contractor certifies that Contractor Is
not currently engaged In, and agrees for the duration of the Agreement, not to engage In a
boycott of Israel as defined by state statute.

5,20 Legal Worker Requirements. A.R.S. § 41-4401 prohibits the City from awarding a contract
to any contractor who fails, or whose subcontractors fall, to comply with A.R,S, 5 23-214(A).
Therefore, Contractor agrees Contractor and each subcontractor it uses warrants their
compliance with all federal Immigration laws and regulations that relate to their employees and
their compliance withS 23-214, subsection A. A breach of this warranty will be deemed a
material breach of the Agreement and may be subject to penalties up to and Including
termination of the Agreement. City retains the legal right to inspect the papers of any
Contractor's or subcontractors employee who provides goods or services under this
Agreement to ensure that the Contractor and subcontractors comply with the warranty under
this provision,

5.21 Lawful Presence Requirement, A.RS. §§ 1-501 and 1-502 prohibit the Clty from awarding a
contract to any natural person who cannot establish that such person is lawfully present in the
United States. To establish lawful presence, a person must produce qualifying identification
and sign a City-provided affidavit affirming that the Identification provided Is genuine, This
requirement will be imposed at the time of contract award. This requirement does not apply to
business organizations such as corporations, partnerships, or limited liability companies.

5,22 Coyenant Against Contingent Fees. Contractor warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding

for a commission, percentage, brokerage, or contingent fee, and that no member of the
Chandler City Council, or any City employee has any interest, financlally, or otherwise, In
Contractor's firm. For breach or violation of this warrant, the City may annul this Agreement
without liability or, at its discretion, to deduct from the Agreement price or consideration, the
full amount of such commission, percentage, brokerage, or contingent fee.

5.23 Non-Waiver Provision. The failure of either Party to enforce any of the provisions of this
Agreement or to require performance of the other Party of any of the provisions hereof must
not be construed to be a walver of such provisions, nor must it affect the validity of this
Agreement or any part thereof, or the right of either Party to thereafter enforce each and every
provision.

5.24 Disclosure of Information Adverse to the City’s Interests. To evaluate and avoid potential
conflicts of interest, the Contractor must provide written notice to the City, as set forth in this
Section, of any work or services performed by the Contractor for third parties that may involve
of be associated with any real property or personal property owned or leased by the City. Such
notice must be given seven business days prior to commencement of the services by the
Contractor for a third party, or seven business days prior to an adverse actlon as defined
below. Written notice and disclosure must be sent to the City's Purchasing and Materials
Manager. An adverse action under this Agreement includes, but is not Ilmited to: (a) using data
as defined in the Agreement acquired in connection with this Agreement to assist a third party
in pursuing administrative or judicial action against the City; or (b) testifying or providing
evidence on behalf of any person In connection with an administrative or judicial action against
the City; or (c) using data to produce income for the Contractor or its employees independently
of performing the services under this Agreement, without the prior written consent of the City.
Contractor represents that except for those persons, entities, and projects identified to the City,
the services performed by the Contractor under this Agreement are not expected to create an
interest with any person, entity, or third party project that Is or may be adverse to the City's
interests. Contractor's failure to provide a written notice and disclosure of the information as
set forth in this Section constitute a material breach of this Agreement.

5,25 Data Confidentiality and Data Security, As used in the Agreement, data means all
information, whether written or verbal, Including plans, photographs, studies, investigations, audits,
analyses, samples, reports, calculations, internal memos, meeting minutes, data field notes, work
product, proposals, correspondence and any other similar documents or Information prepared by,
obtained by, or transmitted to the Contractor or its subcontractors in the performance of this
Agreement. The Parties agree that all data, regardless of form, including originals, images, and
reproductions, prepared by, obtained by, or transmitted to the Contractor or Its subcontractors in
connection with the Contractor's or its subcontractor’s performance of this Agreement is
confidential and proprietary information belonging to the City. Except as specifically provided in this
Agreement, Contractor or its subcontractors must not divulge data to any third party without the
City's prior written consent, Contractor or Its subcontractors must not use the data for any purposes
except to perform the services required under this Agreement. These prohibitions do not apply to
the following data provided to the Contractor or its subcontractors have first given the required
notice to the City: (a) data which was known to the Contractor or its subcontractors prior to Its
performance under thls Agreement unless such data was acquired in connection with work
performed for the City; or (b) data which was acquired by the Contractor or its subcontractors in its
performance under this Agreement and which was disclosed to the Contractor or Its subcontractors

by a third party, who to the best of the Contractor's or its subcontractors knowledge and bellef, had
the legal right to make such disclosure and the Contractor or its subcontractors are not otherwise
required to hold such data in confidence; or (c) data which is required to be disclosed by virtue of
law, regulation, or court order, to which the Contractor or its subcontractors are subject. In the
event the Contractor or its subcontractors are required or requested to disclose data to a third
party, or any other information to which the Contractor or its subcontractors became privy as a
result of any other contract with the City, the Contractor must first notify the City as set forth in this
Section of the request or demand for the data. The Contractor or its subcontractors must give the
City sufficient facts so that the City can be given an opportunity to first give Its consent or take such
action that the City may deem appropriate to protect such data or other information from
disclosure, Unless prohibited by law, within ten calendar days after completion or termination of
services under this Agreement, the Contractor or its subcontractors must promptly deliver, as set
forth in this Section, a copy of all data to the City, All data must continue to be subject to the
confidentiality agreements of this Agreement. Contractor or its subcontractors assume all liability to
maintain the confidentiality of the data In its possession and agrees to compensate the City if any of
the provisions -of this Section are violated by the Contractor, its employees, agents or
subcontractors. Solely for the purposes of seeking injunctive relief, it is agreed that a breach of this
Section must be deemed to cause irreparable harm that justifies injunctive relief in court,
Contractor agrees that the requirements of this Section must be incorporated into all subcontracts
entered into by Contractor. A violation of this Section may result in immediate termination of this
Agreement without notice.

5.26 Personal identifying Information-Data Security. Personal Identifying information, financial
account information, or restricted City information, whether electronic format or hard copy,
must be secured and protected at all times by Contractor and any of its subcontractors. At a
minimum, Contractor must encrypt or password-protect electronic files. This includes data
saved to laptop computers, computerized devices, or removable storage devices. When
personal identifying information, financial account information, or restricted City information,
regardless of its format, is no longer necessary, the information must be redacted or destroyed
through appropriate and secure methods that ensure the information cannot be viewed,
accessed, or reconstructed. In the event that data collected or obtained by Contractor or Its
subcontractors in connection with this Agreement |s believed to have been compromised,
Contractor or its subcontractors must immediately notify the City contact. Contractor agrees to
reimburse the City for any costs Incurred by the City to Investigate potential breaches of this
data and, where applicable, the cost of notifying individuals who may be Impacted by the
breach, Contractor agrees that the requirements of this Section must be incorporated into all
subcontracts entered into by Contractor, It is further agreed that a violation of this Section
must be deemed to cause irreparable harm that justifies injunctive relief in court, A violation of
this Section may result in immediate termination of this Agreement without notice, The
obligations of Contractor or its subcontractors under this Section must survive the termination
of this Agreement. ,

5.27 jurisdiction and Venue. This Agreement is made under, and must be construed in
accordance with and governed by the laws of the State of Arizona without regard to the
conflicts or choice of law provisions thereof, Any action to enforce any provision of this
Agreement or to obtain any remedy with respect hereto must be brought in the courts located
in Maricopa County, Arizona, and for this purpose, each Party hereby expressly and Irrevocably
consents to the jurisdiction and venue of such court.

5.28 Survival. All warranties, representations, and indemnifications by the Contractor must
survive the completion or termination of this Agreement,

5.29 Modification. Except as expressly provided herein to the contrary, no supplement,
modification, or amendment of any term of this Agreement will be deemed binding or effective
untess in writing and signed by the Parties.

5.30 Severability. If any provision of this Agreement or the application to any person or
circumstance may be invalid, illegal or unenforceable to any extent, the remainder of this
Agreement and the application will not be affected and will be enforceable to the fullest extent
permitted by law.

5.31 integration. This Agreement contains the full agreement of the Parties. Any prior or
contemporaneous written or oral agreement between the Parties regarding the subject matter
is merged and superseded,

5.32 Time_is_of the Essence. Time of each of the terms, covenants, and conditions of this
Agreement is hereby expressly mace of the essence.

5,33 Date of Performance. If the date of performance of any obligation or the last day of any
time period provided for should fall on a Saturday, Sunday, or holiday for the City, the
obligation will be due and owing, and the time period will expire, on the first day after which Is
not a Saturday, Sunday or legal City hollday. Except as may otherwise be set forth In this
Agreement, any performance provided for herein will be timely made if completed no later
than 5:00 p.m. (Chandler time) on the day of performance.

5.34 Third Party Beneficiary. Nothing under this Agreement will be construed to give any rights
or benefits in the Agreement to anyone other than the City and the Contractor, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of City and the Contractor and not for the benefit of any other party.

5,35 Conflict in Language. All work performed must conform to all applicable City of Chandler
codes, ordinances, and requirements as outlined in this Agreement. If there Is a conflict in
interpretation between provisions in this Agreement and those in the Exhibits, the provisions in
this Agreement prevail.

5,36 Document/Information Release. Docurnents and materials released to the Contractor,
which are Identified by the City as sensitive and confidentlal, are the City’s property. The
document/material rust be issued by and returned to the City upon completion of the services
under this Agreement. Contractor’s secondary distribution, disclosure, copying, or duplication
in any manner is prehibited without the City’s prior written approval. The document/material
must be kept secure at all times, This directive applies to all City documents, whether in
photographic, printed, or electronic data format.

5,37 Exhibits. The following exhibits are made a part of this Agreement and are incorporated by
reference:

Exhibit A - Project Description/Scope of Work f
Exhibit B - Compensation and Fees

Exhibit C - Insurance Requirements

Exhibit D - Federal Documents

5.38 Special Conditions. As part of the goods furnished or the services Contractor provides
under this Agreement, Contractor agrees to comply with and fully perform the spectal terms
and conditions set forth in Exhibit D, which is attached to and made a part of this Agreement.

5.39 Cooperative Use of Agreement. In addition to the City of Chandler and with approval of
the Contractor, this Agreement may be extended for use by other municipalities, school
districts and government agencies of the State. Any such usage by other entities must be in
accordance with the ordinance, charter and/or procurement rules and regulations of the
respective political entity.

If required to provide services on a school district property at least five times during a month,
Contractor will submit a full set of fingerprints to the school of each person or employee who
may provide such service. The District will conduct a fingerprint check in accordance with A.R.S,
41-1750 and Public Law 92-544 of all Contractors, subcontractors or vendors and thelr
employees for which fingerprints are submitted to the District, Additionally, the Contractor will
comply with the governing body fingerprinting policies of each individual school district/public
entity, Contractor, sub-contractors, vendors and their employees will not provide services on
school district properties until authorized by the District.

Orders placed by other agencies and payment thereof will be the sole responsibility of that
agency, The City will not be responsible for any disputes arising out of transactions made by
other agencies who utilize this Agreement,

5.40 Non-Discrimination and Anti-Harassment Laws, Contractor must comply with all
applicable City, state, and federal non-discrimination and anti-harassment laws, rules, and
regulations. .

5,41 Licenses _and Permits, Beginning with the Effective Date and for the full term of this
Agreement, Contractor must maintain all applicable City, state, and federal licenses and
permits required to fully perform Contractor's services under this Agreement.

5.42 Warranties. Unless otherwise provided in Exhibit D, the Contractor must furnish a one-
year warranty on all work and services performed under this Agreement. Contractor must
furnish, or cause to be furnished, a two-year warranty on ail fixtures, furnishings, and
equipment furnished by Contractor, subcontractors, or suppliers under this Agreement. Any
defects.in design, workmanship, or materials that do not comply with this Agreement must be
corrected by Contractor (Including, but not limited to, all parts and labor) at Contractor's sole
cost and expense. All written warranties and redlines for as-built conditions must be delivered
to the City on or before the City's final acceptance of Contractor's services under this
Agreement.

5.43 Liens, The Contractor warrants that the materials supplied under this Agreement are free of
liens and will remain free of liens.

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5,44 Quality, Unless otherwise modified elsewhere In these terms and conditions, the Contractor
warrants that, for one year after acceptance by the City of the materials, they will be (a) of a quality
to pass without objection in the trade under the Agreement description, (b). fit for the intended
purposes for which the materials are used, (c) within the variations permitted by the Agreement and
are of even kind, quantity, and quality within each unit and among all units, (d) adequately
contained, packaged and marked as the Agreement may require, and (e) conform to the
Contractor’s written promises or affirmations of fact.

5.45 Fitness. The Contractor warrants that any material supplied to City will fully conform to all
requirements of the Agreement and all the Contractor's representations, and will be fit for all
purposes and uses required by the Agreement.

5,46 Inspection/Testing. The warranties set forth in the Agreement are not affected by the City's
inspection or testing of or payment for the materials by the City.

5.47 Packing and Shipping. The Contractor will be responsible for industry standard packing, which
conforms to requirements of carrier's tariffs and Interstate Commerce Commission (ICC)
regulations. Containers must be clearly marked as to lot number, destination, address, and
purchase order number.

5,48 Delivery. All prices are F.0.8. Destination and include all delivery and unloading at the
specified destinations. The Contractor will retain title and control of all goods until they are
delivered and accepted by the City. All risk of transportation and all related charges will be the
responsibllity of the Contractor. All claims for visible or concealed damage will be filed by the
Contractor. The City will notify the Contractor promptly of any damaged goods and will assist the
Contractor in arranging for inspection.

5,49 Risk of Loss, The Contractor will bear all loss of conforming material covered under this
Agreement until received by authorized personnel at the location designated in the purchase order
or Agreement, Mere receipt does not constitute final acceptance, The risk of loss for
nonconforming materials will remain with the Contractor regardless of receipt.

5,50 Current Products, All products offered in response to this solicitation will be in current and
ongoing production; will have been formally announced for general marketing purposes; will be a
model or type currently functioning in a user (paying customer) environment and capable of
meeting or exceeding all specifications and requirements set forth in the City’s solicitation.

5.51 Annual Usage Report. Upon request, the Contractor-will furnish to the City an annual usage
report delineating the acquisition activity governed by the Agreement. The format of the report will
be approved by the City and will disclose the quantity and the dollar value of each agreement item
by Individual purchasing unit.

5,52 Catalogs/Agreement Price Listing. As applicable, the Contractor will furnish to all requesting
departments catalogs at no cost, which will outline agreement prices.

5.53 Emergency Purchases, City reserves the rights to purchase from other sources those
items, which are required on an emergency basis and cannot be supplied immediately by the

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Contractor,

5.54 Non-Exclusive Agreement. This agreement is for the sole convenience of the City of
Chander. The City reserves the right to obtain like goods or services from another source when
necessary.

5.55 Budget Approval Into Next Fiscal Year, This Agreement will commence on the Effective Date

and continue in full force and effect until it is terminated or expires in accordance with the
provisions of this Agreement, The Parties recognize that the continuation of this Agreement after
the close of the City's fiscal year, which ends on June 30 of each year, is subject to the City Counctl's
approval of a budget that includes an appropriation for this item as an expenditure, The City does
not represent that this budget item will be actually adopted. This determination is solely made by
the City Council at the time Council adopts the budget.

This Agreement shall be In full force and effect only when it has been approved and executed
by the duly authorized City officials,

FOR THE CITY FOR THE CONTRACTOR
By: By: Ff. -
¥ Y Frapfkie Wyryt
Its: Mayor its: Director of Risk and Compliance Management

APPROVED AS TO FORM:

By:
City Attorney WwW)

ATTEST:

By:

City Clerk

42

EXHIBIT A
SPECIFICATIONS

CONTRACTOR'S OBLIGATIONS
14, The Contractor will deliver vehicles to City Fleet Services located at 975 East Armstrong

Way,

2. The Contractor will deliver vehicles within 60 days of order,

3. The Contractor will participate in a pre-build meeting with City representatives upon
request.

4, The Contractor will provide unlimited hours of operator training through the life of the
equipment.

5. The Contractor will provide service training with certification for 4 City employees at its
training school in Waco, TX. Travel and lodging costs will be paid by the Contractor.

VEHICLE SPECIFICATIONS
The street sweepers will meet the following specifications.

ACCEPTED DEVIATIONS FROM
1. CHASSIS ENGINE SPECIFICATIONS

A, | Engine shall be an electronic inline 6-cylinder diesel and
be turbo-charged. Engine shall also be capable of using |
Diesel exhaust fluid additive D.E.F and meet all applicable |
emission requirements enforce at the time of
manufacture,

B, | Horsepower rating shall be minimum 200 horse power,

The alr cleaner shall be a rail mounted heavy-duty two-
stage air cleaner.

D, | Front tow devices providing secure attachment point for
vehicle recovery and tow operations shall be Included,

F, | Exhaust can port elther vertical or horizontal and shall be
on the left side of the vehicle.

2. SWEEPER AUXILIARY ENGINE

A, | Able to check all fluids safely without having to lift a
hopper or start the engine without checking fluids first, to
access these items and to have a step/ ladder platform
system allowing access safely around the engine.

B. | Power unit shall be a diesel fueled, 4cyl, liquid cooled,
charge air-cooled, electronic, final tier 4 emission engine,
engine displacement shall not be less than 275 cublc inch
developing not less than 74 HP,

C. | Unit shall share batteries with chassis engine.

D. | Engine controls shall be located Inside cab.

E, | 12 volt ignition, electric start and minimum 90AMP
alternator.

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Spin on replacement type oil filter remote mounted for
easy access,

Engine shall be equipped with a radlator fan, auxiliary
drive, and engine mounted exhaust filter.

Unit shall have a fuel/water separator and fuel filter

remote mounted for easy access,

Air cleaner shall be dry type with a pre cleaner and have a
restrictlon Indicator,

HYDRAULIC SYSTEM

Hydraulic system to be functional thru auxiliary diesel tier
4 emission engine (74 horsepower minimum at 2200
RPM).

Hydraulic oil reservotr shall be equipped with an on tank
combination temperature and level sight gauge. A shut off
valve shall be provided to prevent fluid flow from the
reservoir when hoses or other devices are disconnected
for maintenance.

The hydraulic system shall be engineered to maintain
hydraulic oll temperatures at or below 180 degrees while
operating in ambient temperatures up to 120 degrees.

The entire return oll supply shall pass through a 10-
micron return filter.

The hydraulic pump shall be gear driven from auxillary
engine 8GPM (30 Ipm) flow rate.

The sweeper hydraulic system shall have a high temp
shutdown system,

4

TRANSMISSION

Allison (or equal) automatic transmission engineered to
meet thls vehicle's specified application.

Transmission to have oll filter and magnetic drain plug.

CAB EXTERIOR

Conventional cab only ~ no cab overs accepted.

Doorfignition locks to be keyed alike, Four keys shall be
provided.

Two large West Coast type (Moto Mirror or equal) mirrors
with both upper and lower convex mirrors, mounted on
each side of vehicle, The mirrors shall be adjustable by
electric motors with controller on the central control
panel in the cab,

Manually adjustable round convex mirrors, minimum
eight inches In diameter, on a stable mount on or near
each front corner of the hood. Mirrors shall be positioned
to provide the operator with a view of the gutter brooms.

14

Cab to have left and right hand exterlor grab handles to
provide stabllity for the operator when entering and
exiting the cab. :

Both doors having power windows with separate switches
located on the center console/dash from the cab and
chassis manufacture only. :

CAB INTERIOR,

Heater, defroster, and air conditioner with recirculation
switch included. Factory Installed OEM only, Cab air
conditloner shall be suitable for the high ambient
temperatures experlenced In Arizona desert summer
conditions. It shall be the highest capacity available from
the cab/chassis manufacturer,

Both seats to be cloth covered. No inserts or slip covers
acceptable, Both seats must be hi-back air-suspenslon
seats with arm rest,

Three point seat belts with retractors Included,

Left hand and right hand dash mounted cup hoiders
included.

Dome light with 3-way switch activated by left and right-
hand doors included.

AM/FM radio with Bluetooth included.

interior insulation must provide cab noise level less than
eighty-five (85) decibels during operation, Finish of the
materials shall be heavy duty vinyl. Thermal insulation
shall be engineered, designed and installed to significantly
reduce the workload of environmental systems (A/C,
heater, etc.),

7.

FRONT AXLE & SUSPENSION

Front axle shall be rated 10,000 Ibs. or greater as
determined by the manufacturer for the application.

Bo

Steering radlus shall not exceed 19,5 feet.

Curb to curb: 45.7 feet

Front suspension to have shock absorbers, leaf spring.

Front axle oll seals included,

Front brake dust shlelds included

mem Opa

Power steer|ng shall be Included for both driving
positions.

REAR AXLE & SUSPENSION

Drive axle shall be rated 21,000 Ibs, or greater and shall
be geared to provide travel speed of 62 MPH (minimum).
If 2-speed axle is needed to achleve that, It is acceptable.
Magnetic draln plug shall be installed In the differential.

415

B, | Rear axle oil seals Included.
9. BRAKE SYSTEM EQUIPMENT

A. | Brakes must be air brake system. No hydraulic brake
system accepted,

B, | All alr reservoirs to have air tank drain valve pull cables.
Quick connect/ Schrader alr valves to charge air tanks
remotely included. Location to be determined prior to
build.

40, HOPPER

A. | The hopper shall have a volumetric capacity of not less
than 7 cubic yards and minimum useable capacity of 6.0
cubic yards,

B, | Dumping shall be to the rear of the sweeper.

Cc. | A hopper that is a fixed position hopper with no lift
mechanics is preferred,

D. | Hopper shail have a rear facing door with hydraulics to
oper/close,

E, | Operator shall be capable of operating dumping controls
Internal and external of the cab, System shall have a
separate auxiliary motor for this function,

F. | Hopper dump height minimum 36°,

G, | The floor hopper dump angle to be minimum 22 degrees
with a raker bar, Preferred but not limited to.

H. | Hopper door shall seal to maintain an alr tight seal.

1. | Hopper shall have minimum of 1 inspection access door
on the sides of the hopper.

J. Hopper shall have a replaceable bolt in abrasion wear
system on the suction inlet side of the hopper.

K. Unit with an aluminum blower wheel to prevent rust and
with sealed lifetime lube antl-friction bearings ts
preferred,

11. MAIN PICKUP HEAD

A, | Maln pickup head shall be hydraulically lifted and lowered
with in-cab controls.

B, | Pickup head length shall be minimum of 86” made of all

steel construction,

16

Dual chambered with blast orifice, Adjustable and
replaceable bolt in blast orifice flange.

Pickup head shall have an adjustable spring balanced
system.

Pickup head shail have minimum 14" dlameter flexible
rubber reinforced suction hose and a 14” diameter
flexible rubber reinforced pressure hose. Minimum 3/8”
thick wall construction. Tubes shall be free from rubbing
or making contact with any other objects during
lift/lowering/operating,

Pickup head area shall be a minimum of 2600 square
inches.

Pickup head shall have an alr pressure bleeder door with
in-cab controls and gauge.

Pickup head shall have carbide type skids- nothing else
accepted, The skids shall be replaceable by bolt on
application and adjustable,

Pickup head shall have replaceable bolt in abrasion wear
protection in the suction tube,

Pickup head capable of operating in forward and reverse
direction.

Pickup head with a front skirt curtain lifter operated by
hydraulics or pneumatic and controlled In cab by a switch
on the sweeper console is preferred,

Broom mounted at the rear of the pickup head and shall
be fully enclosed,

Control of broom rotation and positioning shall be
accomplished by in cab controls on the sweeper console,

Broom shall be driven hydraulically.

Broom pattern shail be easlly adjustable by mechanisms
on the top of the pick up head.

Broom width shall be minimum of 78” and 12” diameter.

12,

GUTTER BROOMS

Dual gutter brooms shall be minimum 42" diameter,
vertical digger type for removing debris from gutter area,

47

Broom platter shall be capable of mounting a steel bristle
filled, four (4) -segment type.

Gutter brooms must be direct hydraulic drive non-
reversible motor.

Each gutter broom shall have adjustment for bristle
contact pattern and wear.

Dual gutter broom sweepIng path must be minimum 10
feet.

Each gutter broom shall additionally incorporate an
electric or hydraulic actuated tilt capability of minimum 18
degrees, remotely controlled from the operators seat to
allow instant adjustment for debris removal from deep
gutters (such as those resulting from multiple overlays of
blacktop).

F

A center deflector shall be provided to direct debris
thrown by the gutter brooms into the path of the pick-up
head. The deflector shall be positioned under the
sweeper and in between the gutter brooms.

Gutter brooms shall be free-floating and adjustable for
broom pressure and wear, complete with side oscillation.

Gutter brooms shall be hydraulically ralsed and lowered
from the cab.

13.

DUST CONTROL SYSTEM

Awater spray supplied by a belt driven piston water
pump off the auxillary engine is preferred.

Water pump shall provide a flow rate and operating
pressure that fully supplies all systems needed to achieve
sweeper compliance with PM10 guidelines and the unit
shall be certifled and fall under the guidelines of the
South Coast Air Quality Management District (South Coast
AQMD) rule 1186 current list of certlfled/approved street
sweepers,

Water tank capacity not less than 220 gallons and shail be
constructed of polyethylene for strength and corroston
resistance.

A minimum 20-foot long flexible fire hydrant fill hose shall
be provided with a 2.5" NH female swivel coupling to fill
water tank, Storage mount for the hydrant fill hose
included,

Water system must be filtered by a minimum 80-micron
cleanable filter located between tank and water pump.
For ease of cleaning, water filter must be at ground level.

An adequate number of spray nozzles to achleve sweeper
compliance with PM10 guidelines (must be certified) shall
be located at each gutter broom,

Each water function shall have its own Independent on/off

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cab controlled solenold valve,

Low water safety shut off with in cab audible and visual
indicator in cab,

Water flow from the reservoir must be controlled by a
shut off valve with an accessible water strainer. The
reservoir must be equipped with removable manhole
covers for tank clean out.

14.

OPERATING CONTROLS

Sweeper shall be equipped with dual power steering and
controls for left or right hand operations. Single center
mounted steering is not acceptable. Factory Installed dual
power steering only. Dual steering installed by the
sweeper manufacturer Is not acceptable.

Must have tilt steering for all driving positions.

Chassis must have cruise control with switch mounted on
chassis center console panel to provide easy access for
both steering positions,

ignition switch must be dash mounted located to provide
easy access for both steering positions.

Cab must have separate gauge sets for all steering
positions.

Right -hand steering position shall have the following
gauge set as a minimum: primary and secondary alr
pressure, engine coolant temperature, electronic
speedometer with odometer and hour meter, electronic
tachometer, engine oil pressure, transmission
temperature, fuel level and voltmeter.

Left-hand steering position shall have the standard gauge
set provided by the chassis manufacturer.

Chassis must have a left hand/right hand steering selector
switch mounted on chassis center console panel.

Sweeping console must be ergonomic In design to provide
safe easy visibility and control of all sweeping functions
and displays, from either right or left driving positions and
not be Intrusive in size so as not to restrict mobility or
visibility of operator,

Console controls must be primarily rocker & toggle
switches, soft touch screens or touch pads are unknot
acceptable, Independent switches with pilot Iight for
operating left gutter broom, left gutter broom tilt, left
gutter broom rotation, right gutter broom, right gutter
broom tit, right gutter broom rotation, pick-up head
talse/lower must be Included, All switches must be Ilghted
and have labels for easy identification.

Sweeping console must have a water pump shut off
switch. Independent water control switches for left gutter
broom, right gutter broom, hopper water and transition

18

water must be Included, Sweeper must be capable of
continuous dry sweeping with no internal damage to
pump and spray system.

Console must have a single switch (1) for controlling both
cab mounted beacon and rear mounted beacon.

Console must have warning light for low water level and
water level gauge.

All main electrical system circuits must be separately
protected at control console by re-settable circuit
breakers.

15

ELECTRICAL SYSTEM

All wires shall be number coded for ease of identification.

Sweeper shall contain a minimurn of two (2) amber, three
hundred and sixty degree (360°) LED beacons, Beacons
shall be mounted on top of the cab in the front area of
the sweeper and upper rear area of the sweeper.
Beacons shall have brush guard OR similar protection
from tree limbs. Beacons shall be mounted In such a
manner as to have a MINIMUM of one (1) beacon visible
to on-coming traffic from any direction, Beacons shall be
controlled by one switch that is clearly labeled and shall
have a pilot ight to indicate the beacons are operating.
‘The switch shall be on the center dash console located to
provide easy access for both steering positions.

Vehicle shall contain a minimum of eight (8) work lights.
All must be LED type and a minimum of four inches In
diameter.

Bumper lights: Minimum two (2) one on the left end and
one on tight end of front bumper, and shall be controlled
by one switch.

Gutter broom lights! Minimum two (2) one light to be
mounted over each gutter broom and shall be controlled
by independent left and right switches.

Rear work lights: MInimum two (2) one on the upper feft
corner and one on upper right corner and shall be
controlled by one switch.

Pick-up head lights: Minimum two (2) one on each side of
the frame rail or body to illuminate the pick-up head to be
able to see debris in front of the head. Controlled on Its
own switch in the cab or combined Into gutter broom
lights switch.

Work light mounts shall be adjustable to allow alming at
the intended work area. Guards shall be provided to
protect work lights from damage by tree limbs or simllar
hazards, Work light switches shall be clearly labeled and
shall have a pllot light to indicate the light(s) are

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