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HomeMy WebLinkAbout249-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 249-25 File Number: 2025-2142 A RESOLUTION TO APPROVE THE PURCHASE OF AN FP5 ASPHALT POTHOLE PATCH TRUCK FROM HOUSTON FREIGHTLINER, INC., PURSUANT TO A HGAC COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $276,449.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT OR DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of an FP5 Asphalt Pothole Patch truck from Houston Freightliner, Inc., pursuant to a HGAC Cooperative purchasing contract, in the amount of $276,449.00, plus any applicable surcharges, freight or delivery fees up to 10% of the original purchase price. PASSED and APPROVED on November 4, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2142 MEETING OF NOVEMBER 4, 2025 TO: Mayor Rawn and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: TRANSPORTATION ASPHALT PATCH TRUCK REPLACEMENT THROUGH HOUSTON FREIGHTLINER, INC. RECOMMENDATION: A RESOLUTION TO APPROVE THE PURCHASE OF A BERGKAMP FP5 POTHOLE PATCH TRUCK IN THE AMOUNT OF $276,449 THROUGH THE HGAC COOPERATIVE CONTRACT (PW10-25) PLUS ANY APPLICABLE SURCHARGES, FREIGHT OR DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE. BACKGROUND: Asset 9181 (TRAN_F013) is a 2014 Kenworth T370 with a Bergkamp asphalt pothole patch body with 15/15 points. DISCUSSION: Asset 9181 is utilized for the ongoing maintenance and repairs of our city roads infrastructure. It also assists our water sewer department with road repairs after water line repairs that involve roads needing to be repaired after water leaks. Fleet Operations recommends the on-time replacement of this asset, so both departments maintain reliable equipment for infrastructure repairs within the city. BUDGET/STAFF IMPACT: This is a budgeted FY25 replacement that we have held onto well past 15 points through ongoing on-time preventative maintenance and repairs. Fleet Operations will have fully collected on its replacement before the new vehicle arrives. ATTACHMENTS: 3. Staff Review Form, 4. Bergkamp Inc.- Quote, 5. Bergkamp Inc.-Attachment A, 4. Bergkamp Inc.-Cooperative Purchasing Agreement, 5. HGAC List Price before Discount, 6. HGAC List Price after Discount, 7. Additional Information - Asphalt Pothole Patch Truck Resolution Change, 8. Additional Information - City of Fayetteville M2-106 Bergkamp Patcher Proposal 10-16-25, 9. Additional Information - HGAC City of Fayetteville M2 w Bergkamp FP5 10-16-25 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2142 A RESOLUTION TO APPROVE THE PURCHASE OF AN FP5 ASPHALT POTHOLE PATCH TRUCK FROM HOUSTON FREIGHTLINER, INC., PURSUANT TO A HGAC COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $276,449.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT OR DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of an FP5 Asphalt Pothole Patch truck from Houston Freightliner, Inc., pursuant to a HGAC Cooperative purchasing contract, in the amount of $276,449.00, plus any applicable surcharges, freight or delivery fees up to 10% of the original purchase price. City of Fayetteville Staff Review Form 2025-2142 Item ID 11/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Ross Jackson 10/15/2025 FLEET OPERATIONS (770) Submitted By Submitted Date Division / Department Action Recommendation: A RESOLUTION TO APPROVE THE PURCHASE OF A BERGKAMP FP5 PATCH TRUCK IN THE AMOUNT OF $276,449 THROUGH THE HGAC COOPERATIVE CONTRACT SM2004A PLUS ANY APPLICABLE SURCHARGES, FREIGHT OR DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE. Budget Impact: 9700.770.1920-5802.00 SHOP Account Number Fund 97001 FLEET REPLACEMENT VEHICLES Project Number Project Title Budgeted Item?Yes Total Amended Budget $10,878,231.00 Expenses (Actual+Encum)$4,129,030.41 Available Budget $6,749,200.59 Does item have a direct cost?Yes Item Cost $276,449.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $6,472,751.59 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: 10/14/2025 City of Fayetteville, AR: I am pleased to submit my quotation covering the Bergkamp FP5 Flameless Patcher as described in the attached specification with the following features: Hydraulically driven Auger with dual motors Agitator with hydraulic motor Spoils bins side and rear \All material tanks on Service Platform, ladder, climb assist handles Hydraulically operated hopper doors Oversized storage with two locking doors Conspicuity Marking, Paint Color of Choice (Omaha Orange, Charcoal) Twin Cleaning Fluid Wands (platform mounted and rear mounted for cleaning tools) LED Lighting on machine One Year Warranty (Extended warranty options are available) On site training by factory trained technician $109,500.00 Plus these options: Bomag Model 55WE on a reinforced hydraulic litt platform 12,700.00 Air Tack System Compressed Air for proper cleaning repair area 11,325.00 Stanley Pavement Breaker Model BR67. Line on hose reel 8,800.00 Arrow board –10Lights 2,000.00 Pedestal mounted Strobe Light 1,100.00 Professional Mounting unit on customer’s truck at Bergkamp’s factory. 8,000.00 Swing Auger Attachment 15,600.00 2 x Night Work Lights 1,400/00 Cone holder 320.00 Delivery to Fayetteville, AR 2,244.00 Total for FP5 with options shown above $172,989.00 2026 Freightliner cab and chassis as described in attached $103,460,00 Total $276,449.00 Page 2 Offer for City of Fayetteville, AR Please refer to copy of FP5 warranty attached to email STANDARD 12 MONTH WARRANTY PLUS 12 MONTHS $ 5,382.00 STANDARD 12 MONTH WARRANTY PLUS 24 MONTHS $ 7,260.00 STANDARD 12 MONTH WARRANTY PLUS 36 MONTHS $12,254.00 STANDARD 12 MONTH WARRANTY PLUS 48 MONTHS $17,730.00 Freightliner Med Duty M2 106 Standard Coverage 2yr / unlimited mi chassis coverage 2yr / 250k mi Engine coverage 3yr / unlimited mi transmission coverage This offer is based on HGAC Contract Pricing.(Currently PW10-25) FP5 Pricing shall remain in effect until November 18, 2025 2026 Truck pricing shall remain in effect until November 18 2025 Projected delivery is 150 days from date of purchase order Or 60 days after receipt of truck, whichever is the last event to occur. Thank you for your interest in our company and its products and we would be honored to serve your City in the future. Best Regards Jennifer A Straus Jennifer A. Straus Territory Manager Attachment A Bergkamp Incorporated Public Works Equipment Contract No.: PW10-25 Manufacturer Item Description HGACBuy Discount Off List Bergkamp Inc.Bergkamp base models equipment 2025 as listed on Bergkamp's PW10-25 Response Aug 2025 10% Bergkamp Inc.Bergkamp options equipment 2025 as listed on Bergkamp's PW10-25 Response Aug 2025 List Page 1 of 27 Houston-Galveston Area Council P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Bergkamp, Inc. Agreement MASTER GENERAL PROVISIONS This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Bergkamp, Inc., hereinafter referred to as the Contractor, having its principal place of business at 3040 Emulsion Drive, Salina, KS, 67401, Kansas, United States. WITNESSETH: WHEREAS, Houston-Galveston Area Council hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement; NOW, THEREFORE, Houston-Galveston Area Council and the Contractor do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Contractor warrants and assures Houston-Galveston Area Council that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish Houston-Galveston Area Council with satisfactory proof of its compliance therewith. ARTICLE 3: PUBLIC INFORMATION Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will Page 2 of 27 request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process. ARTICLE 4: INDEPENDENT CONTRACTOR The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of Houston-Galveston Area Council or the Contractor. No provision of this Master Agreement or act of Houston- Galveston Area Council in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of Houston-Galveston Area Council, the State of Texas, or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom. ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade. ARTICLE 6: SUSPENSION AND DEBARMENT Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 1989 Comp. p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Pursuant to the Federal Rule above, Respondent certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous. ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below: Page 3 of 27 1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists; 2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; 5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/prime-subcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency. Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was considered in a procurement transaction, etc. ARTICLE 8: SCOPE OF SERVICES The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement. ARTICLE 9: PERFORMANCE PERIOD This Master Agreement shall be performed during the period which begins 01-Oct-2025 and ends 30-Sep-2029. All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement. ARTICLE 10: PAYMENT OR FUNDING Payment provisions under this Master Agreement are outlined in the Special Provisions. H- GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract. ARTICLE 11: PAYMENT FOR WORK The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice. Page 4 of 27 ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer. ARTICLE 13: REPORTING REQUIREMENTS If the Contractor fails to submit to Houston-Galveston Area Council in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, Houston-Galveston Area Council may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. Houston-Galveston Area Council has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with Houston-Galveston Area Council. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement. ARTICLE 14: INSURANCE Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions. ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of Houston-Galveston Area Council. The Contractor acknowledges that Houston-Galveston Area Council is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, Houston-Galveston Area Council shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations. ARTICLE 16: AUDIT Notwithstanding any other audit requirement, Houston-Galveston Area Council reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the Houston-Galveston Area Council local government audit staff, a certified public accountant firm, or other auditors designated by Houston-Galveston Area Council and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the Houston-Galveston Area Council for any findings that result in monetary obligations to Houston-Galveston Area Council. ARTICLE 17: TAX EXEMPT STATUS H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to Page 5 of 27 determine the applicability of any taxes to an order and act accordingly. Exemption certificates will be provided upon request. ARTICLE 18: EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to Houston-Galveston Area Council under this Master Agreement. Houston-Galveston Area Council, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by Houston-Galveston Area Council. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H- GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements. ARTICLE 19: RETENTION OF RECORDS The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved. ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service. H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded. ARTICLE 21: CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically Page 6 of 27 incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation. B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein. C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC. ARTICLE 22: CONTRACT ITEM CHANGES A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers. C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers. D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval. ARTICLE 23: CONTRACT PRICE ADJUSTMENTS Price Decreases Page 7 of 27 If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing. Price Increase Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section. Price Changes Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer. Requesting Price Increase/Required Documentation Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, james.glover@h- Page 8 of 27 gac.com. Review/Approval of Requests If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request. ARTICLE 24: DELIVERIES AND SHIPPING TERMS The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order. Unless otherwise addressed, the following requirements shall apply: a. Title to goods, and responsibility and liability for loss and/or damage in shipping pass to End User at the delivery destination after receipt and acceptance have taken place. Cost of shipping/delivery shall be paid by End User unless otherwise agreed to by Contractor. If Contractor will be paying for shipping/delivery, shipping terms must be "F.O.B. Destination, Freight Prepaid". If End User will be paying for shipping/delivery, shipping terms must be “F.O.B. Destination – Freight Collect”. b. The details for the application and calculation of shipping and delivery charges must be stated in the Response on Form E. Any freight, shipping or delivery charged to End User will be prepaid and added to the invoice, and will be clearly shown an any Contract Pricing Worksheet or other quote presented to the End User. ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS) There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor. ARTICLE 26: MANUALS Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered. ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, Page 9 of 27 are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval. ARTICLE 28: WARRANTIES, SALES, AND SERVICE Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty. Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party. ARTICLE 29: TERMINATION PROCEDURES The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default. Houston-Galveston Area Council will not pay for any expenses incurred after the termination date of the contract. A. Convenience Houston-Galveston Area Council may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever Houston-Galveston Area Council determines that for any reason such termination is in the best interest of Houston-Galveston Area Council, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to Houston-Galveston Area Council via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from Houston-Galveston Area Council. B. Default Houston-Galveston Area Council may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by Houston-Galveston Area Council in writing) after receiving written notice by certified mail of default from Houston-Galveston Area Council. (3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Page 10 of 27 Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User. ARTICLE 30: SEVERABILITY Houston-Galveston Area Council and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect. ARTICLE 31: FORCE MAJEURE To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with Houston-Galveston Area Council. ARTICLE 32: CONFLICT OF INTEREST No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement. A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists. B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H- GAC. ARTICLE 33: FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient Page 11 of 27 wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Page 12 of 27 Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 35: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds Houston-Galveston Area Council should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Houston-Galveston Area Council must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with Houston-Galveston Area Council to provide all required certifications and other documentation needed to show compliance. ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the Houston-Galveston Area Council, the State of Texas, and the acts and regulations of any related state or federal agency. The Contractor agrees to promptly notify Houston-Galveston Area Council of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty- four (24) hours of knowledge thereof. Contractor shall notify Houston-Galveston Area Council of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from Houston-Galveston Area Council, if any, shall be reported to local law enforcement agencies and Houston-Galveston Area Council within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with Houston-Galveston Area Council, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents. The Contractor shall notify Houston-Galveston Area Council of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement. ARTICLE 37: INDEMNIFICATION AND RECOVERY Houston-Galveston Area Council’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will Houston-Galveston Area Council be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other Page 13 of 27 incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless Houston-Galveston Area Council, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify Houston- Galveston Area Council of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement. ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify Houston-Galveston Area Council, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by Houston-Galveston Area Council, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement. ARTICLE 39: TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement. ARTICLE 40: JOINT WORK PRODUCT This Master Agreement is the joint work product of Houston-Galveston Area Council and the Contractor. This Master Agreement has been negotiated by Houston-Galveston Area Council and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party. ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. Page 14 of 27 ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. ARTICLE 43: DISCRIMINATION Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination. These include, but are not limited to: a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age; e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and j) The requirements of any other nondiscrimination statute(s) that may apply to the application. ARTICLE 44: DRUG FREE WORKPLACE Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable. For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy. ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions. ARTICLE 46: WARRANTY AND COPYRIGHT Page 15 of 27 Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming. ARTICLE 47: DATA HANDLING AND SECURITY It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables. ARTICLE 48: DISPUTES All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of Houston-Galveston Area Council or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of Houston-Galveston Area Council. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision. ARTICLE 49: CHOICE OF LAW: VENUE This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify Houston-Galveston Area Council of such disputes. ARTICLE 50: ORDER OF PRIORITY In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments. ARTICLE 51: WHOLE MASTER AGREEMENT Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties. ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) Page 16 of 27 In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406. Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant. ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements. Page 17 of 27 SIGNATURES: Houston-Galveston Area Council and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by: Bergkamp, Inc. Signature Name Title Date Houston-Galveston Area Council Signature Name Chuck Wemple Title Executive Director Date Jimmy Kendrick Director of Sales 13-Oct-2025 05-Oct-2025 Page 18 of 27 MASTER SPECIAL PROVISIONS Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. Incorporated by attachment, as part of the whole Master Agreement, Houston-Galveston Area Council and the Contractor do, hereby agree to the Master Special Provisions as follows: ARTICLE 1: BIDS/PROPOSALS INCORPORATED In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal. ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”) Houston-Galveston Area Council acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current Houston-Galveston Area Council Master Agreement. Houston-Galveston Area Council’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with Houston-Galveston Area Council. Contractor affirms that termination of its Master Agreement with Houston-Galveston Area Council for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable Houston-Galveston Area Council order processing charges will be due and payable to Houston-Galveston Area Council on any EUAs, surviving termination of this Master Agreement between Houston-Galveston Area Council and Contractor. ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE Contractor shall provide its most favorable pricing and terms to Houston-Galveston Area Council, as follows. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to Houston-Galveston Area Council on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to Houston-Galveston Area Council, Contractor shall notify Houston-Galveston Area Council within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to Houston-Galveston Area Council and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. Houston- Galveston Area Council shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was Page 19 of 27 charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify Houston-Galveston Area Council in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. Houston- Galveston Area Council, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between Houston-Galveston Area Council and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to Houston-Galveston Area Council and the CUSTOMER/END USER. EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to academic institutions, or the Federal Government and its agencies. ARTICLE 4: PARTY LIABILITY Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by Houston-Galveston Area Council, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement. ARTICLE 5: GOVERNING LAW & VENUE Contractor and Houston-Galveston Area Council agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify Houston- Galveston Area Council of such disputes. ARTICLE 6: SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. Houston-Galveston Area Council will invoice Contractor for the applicable order processing charge when Houston-Galveston Area Council receives notification of a CUSTOMER/END USER order. Contractor shall remit to Houston-Galveston Area Council the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to Houston-Galveston Area Council, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to Houston-Galveston Area Council. Further, Contractor agrees to encourage entities who are not members of Houston-Galveston Area Council’s Cooperative Purchasing Program to execute an Houston-Galveston Area Council Interlocal Master Agreement. Houston-Galveston Area Council reserves the right to take Page 20 of 27 appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to Houston- Galveston Area Council. In no event shall Houston-Galveston Area Council have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to Houston-Galveston Area Council any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor. ARTICLE 7: LIQUIDATED DAMAGES Contractor and Houston-Galveston Area Council agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages. ARTICLE 8: INSURANCE Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums: a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to Houston-Galveston Area Council. d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period. e. Original Insurance Certificates must be furnished to Houston-Galveston Area Council on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by Houston-Galveston Area Council, a separate insurance certificate must be submitted for each such party. Page 21 of 27 g. Houston-Galveston Area Council reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy. ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS Houston-Galveston Area Council’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order. ARTICLE 10: ORDER PROCESSING CHARGE H-GAC will apply an Order Processing Charge for each sale done through the H- GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge. ARTICLE 11: CHANGE OF STATUS Contractor shall immediately notify Houston-Galveston Area Council, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise Houston-Galveston Area Council if this Master Agreement shall be affected in any way by such change. Houston-Galveston Area Council shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement. ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following: a. Be new, unused, and not refurbished. b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace. c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery. Such accessories Page 22 of 27 shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery. d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials. f. Be available for inspection at any time prior to or after procurement. ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to Houston-Galveston Area Council upon request. ARTICLE 14: INSPECTION/TESTING All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor. ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: a. CUSTOMER/END USER Name b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number d. Purchase Order Date e. Product/Service dollar amount f. HGACBuy Order Processing Charge amount ARTICLE 16: BACKGROUND CHECKS Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER. ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION Page 23 of 27 As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020) Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the Page 24 of 27 simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items. ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement. ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects) With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. ARTICLE 22: DOMESTIC PREFERENCE In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance. ARTICLE 23: TITLE VI REQUIREMENTS H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Page 25 of 27 ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision. ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and will remain in compliance during the term of the Contract. ARTICLE 26: PREVAILING WAGE Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5. ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. Page 26 of 27 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract. ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify 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 must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier, up to the CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti- Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. Page 27 of 27 3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15. ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance 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 (Pub. L. 94-163, 89 Stat. 871). Attachment A Bergkamp Incorporated Public Works Equipment Contract No.: PW10-25 Manufacturer Item Description HGACBuy Discount Off List Bergkamp Inc.Bergkamp base models equipment 2025 as listed on Bergkamp's PW10-25 Response Aug 2025 10% Bergkamp Inc.Bergkamp options equipment 2025 as listed on Bergkamp's PW10-25 Response Aug 2025 List 5. Equipment Categories This is a new solicitation that includes equipment previously included on the following HGACBuy contracts: SM10-20 Street Maintenance Equipment and EM06-19 Earth Moving Equipment. SM10-20 and EM06-19 will expire on September 30, 2025, and will no longer be solicited. The resulting contract from this solicitation, PW10-25, will replace those expiring contracts and will be a four-year contract beginning on or around October 1, 2025. This is an indefinite quantity/indefinite delivery offerings contract – The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation. 5.1. Categories of Equipment This Solicitation is divided into separate but related Categories, for ease of evaluation and proposal responses. Respondents are advised to offer a wide array, or offerings of products/services for the equipment category proposal. When submitting a response, Respondent may choose to give a response on any of the categories or all. No additional weighted value will be given to a respondent who responds to more than one or all categories listed. A. Earth Moving and Excavation Equipment Articulated Dumps Backhoes Bulldozers Excavators Motor Graders Scrapers Trenchers Wheel Loaders Skid Steer Loaders Multi-task tractors B. Roadway and Street Construction/Maintenance Equipment Compactors Concrete Mixers & Pumps Material Handlers Road and Paving Equipment Rollers Bridge Repair Equipment Brushes/Brooms Chip Spreaders Asphalt Distributors & Patchers Road Profilers & Milling Machines Paint and Marking Equipment Portable Roadway Signage and Message Boards C. Roadway and Street Snow and Ice Removal Equipment Snow Plows (self-propelled and mountable blades and wings) Snow Blowers (self-propelled and mountable) Snow Brushes (towable and mountable) Snow Melters Spreaders and Sprayers (de-icing and anti-icing) D. Maintenance and Service Plans E. Parts This description of equipment is not meant to be limiting. Rather, we are interested in securing Suppliers that can provide a broad range of equipment related to these categories of equipment. This solicitation does not include equipment currently available on HGACBuy contracts AR03- 25 Airport Runway Snow Removal Equipment and Related Services, GR01-20 Grounds & Turf Equipment, CM02-21 Portable Construction and Maintenance Equipment, RH04-25 Refuse Handling Equipment, SW04-20 Sweeping Equipment, and SC06-24, and SC06-24A Sewer/Storm Water, Hydro-Excavating Equipment and Related Services. 5.2. Manuals and Equipment Specifications Respondent must supply at the time of delivery, at least one complete owner's manual (the price of which shall be included in Respondent’s pricing) and any applicable operations and service documentation covering the completed products as delivered and accepted. Respondent must supply the following information with their response: Technical Specifications which clearly show all the standard features and capabilities of the equipment in the response listing. 5.3. General Requirements Safety decals must be affixed at operator stations and hazardous areas. All equipment must include the manufacturer’s standard warranty (minimum one year/1000 hours). Compliance with Federal and Texas state safety, health, and noise regulations is mandatory. All necessary components must be included to ensure fully operational equipment. Units must be assembled, adjusted, and ready for operation upon delivery. 5.4. Final Contract Deliverables Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information: Customer Name and address HGACBuy confirmation number Product/Service purchased Customer Purchase Order Number Purchase Order Date Product/Service dollar amount HGACBuy Order Processing Charge amount Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate. 5.5. Pricing and Freight Please reference Section 10.1.4 for required format and description of acceptable pricing and freight. Signatures Job Title: Executive Director Company: Houston-Galveston Area Council Job Title: Director of Sales Company: Bergkamp, Inc. eSign Audit Trail File name: Bergkamp__Inc._Cooperative_Purchasing_Agreement.pdf Document ID: 47711aa6-3411-4dd7-beb8-9bb4aa1bcf39 Status: Completed Document History Signed by Jimmy Kendrick 13-Oct-2025 13:08.21 UTC Location: Hattiesburg, MS 39402, United States 104.177.128.92 Viewed by Jimmy Kendrick 13-Oct-2025 13:06.26 UTC Location: Hattiesburg, MS 39402, United States 104.177.128.92 Viewed by Jimmy Kendrick 13-Oct-2025 13:06.25 UTC Location: WA , United States 104.47.73.254 Viewed by Jimmy Kendrick 07-Oct-2025 16:43.48 UTC Location: Wichita, KS 67226, United States 70.167.61.190 Viewed by Jimmy Kendrick 07-Oct-2025 16:43.47 UTC Location: Boydton, VA 23917, United States 104.47.74.126 Signed by Charles Wemple 05-Oct-2025 10:29.51 UTC Location: Houston, TX 77080, United States 174.203.1.252 Viewed by Charles Wemple 05-Oct-2025 10:29.29 UTC Location: Houston, TX 77080, United States 174.203.1.252 Started by Barbara Jones (barbara.jones@h-gac.com) 01-Oct-2025 18:40.52 UTC Location: Richmond, TX 77469, United States 108.80.101.18 Signed by Charles Wemple on 05-Oct-2025 Signed by Jimmy Kendrick on 13-Oct-2025 HGACBuy Solicitation: PW10-25 Response Price List Respondent: PW10-25 Bergkamp Inc.Description Discount shown on separate price list for HGAC end users Bergkamp List Price before 10% discount to HGAC Customers Please see separate list for customer pricing This completed form must be submitted in its original Excel format (no PDF) All price lists referenced on this form must be included separately, in their entirety, with Respodent's uploaded offer PW10-25 Bergkamp Inc.Bergkamp FP5 Flameless Patcher 10%$125,925 Options for the Bergkamp FP5 Flameless Patcher Factory Mounting $9,200 Handling Fee when Bergkamp purchases truck for Customer $4,600 Pressurized Tack Tank -80 Gallons $13,023 Pressurized Tack Tank 120 Gallons $15,151 Add for Abrasion Resistant coating Auger/Agitator $2,438 Swing Auger Attachment $17,940 Add for Abrasion Resistant coatings on Swing Auger $920 Wacker Packer Model WP1550 A (W) mounted on hydraulic lift platform $8,280 Bomag Model 55WE Roller mounted on reinforced hydraulic lift platorm $14,605 Stanley Pavement Breakers BR 45, 67& 89 lines on retractable reel under fender $10,120 Air Tack Lines on Retractable Hose Reel $2,070 Pivot Tack Arm $5,635 Add for stainless water tank upgrade $1,064 Add for stainless cleaning fluid tank upgrade $1,419 Cleaning Fluid Line on retractable reel $1,823 Propane Torch $1,265 Propane Torch with line on reel $2,357 In Pave Telematics $12,765 Flush mounted LED Lighting $2,313 Able 2 10 Light Arrowboard $2,300 30 x 60 15 LED Light Arrowbaord $4,715 2 Line Message Board $14,835 42 inch LED Arrow Stick $1,610 LED Warning Light Kit $2,760 Single Front Pedestal Mounted Strobe $1,265 Dual Front Mounted Strobes $2,415 Dual Rear Mounted Strobes $1,380 Side LED Flashers $793 Dual Rear LED Flashers $949 Dual Rear LED Work Lights $1,610 Single Cone Holder $368 Dual Cone Holders $730 Single Mounted Bumper Cone holeder $368 Dual Mounted Bumper Cone Holders $730 360 Degree Camera System $12,937 Back Up Camera $3,082 Intercom System Add on for Back up camera $776 Rear Tool Holder $345 30 Gallon Water Tank $1,639 30 Gallon Cleaning Fluid Tank $1,639 Grill Lights (flashers)$2,972 Driver's side tool box $3,777 Service Platform Extension $5,270 Tool Corral $4,166 Wheel Chocks $833 Drip Pan $750 InCab Hopper Door Control $3,527 Asphalt Lute Holder $356 Standard 12 month warranty plus 12 moths $5,980 Standard 12 month warranty plus 24 months $8,067 Standard 12 month warranty plus 36 months $13,616 Standard 12 month warranty plus 48 months $19,699 B Fit Visit $4,094 Bfit Air Fare $778 PW10-25 Bergkamp Inc Bergkamp SP5E Spray Patcher $250,309 Options for the Bergkamp SP5E Spray Patcher In Pave Telematics Included in base price Tarp with InCab controls Included in base price Mounting $9,200 Handling Fee when Bergkamp provides truck $4,600 Offset if single auger is requested in lieu of standard duble augers ($8,366)( 15 Light LED Arrow Board $5,865 Dual Front Strobes $2,300 Single Front LED Strobe $2,300 Dual Rear LED Strobes $1,437 Side LED Flashers $2,127 Boom LED Work Lights $977 Boom Flashers $2,185 Compartment & Platform LED Work Lights $2,530 Rear LED Work Lights $742 Cone Holder $374 360 degree Camera System $14,835 Back Up Camera $3,191 Back up Alarm $1,419 Spare Parts Kit $1,419 standard 12 month warranty plus 12 months $5,980 Standard 12 moth warranty plus 24 moanths $8,067 Standard 12 month warranty plus 36 months $13,616 Standard 12 month warranty plus 48 moths $19,699 B Fit Visit $4,094 B Fit Air Fare $778 BERGKAMP SLURRY EQUIPMENT & SPREADER BOXES Bergkamp Inc. PW10-25 Bergkamp Inc M310 Slurry Paver 10%$385,000 Options for the Bergkamp M310 Slurry Paver Mounting $8,452 Stainless Steel Emulsion Tank $12,650 Stainless Water Tank $12,650 Carbide Pugmil Paddle Tips $5,692 Steel Gate $8,510 Arm Tarp $7,509 Front Water Load System $9,530 25,000 LB Pintle Hitch $7,015 Box Width Sensor Kit $1,322 Calibration Kit $7,475 M1E4 Continuous Paver 10%$1,097,100 Options for the Bergkamp M1E4 Stainless Steel Emulsion Tank $11,960 Stainless Steel Water Tank $11,960 Lime Mineral Filler Included in base price Peristaltic Additive System Included in base price Dual Additive System Included in base price Carbide Pugmil Paddle Tips $5,692 Back Up Camera $719 Generator and Work Lights Package $10,465 Box Wdth Sensor Kit $3,594 Calibration Kit $7,475 Bergkamp Spreader Boxes compatible with Slurry Pavers 10% Rutfilling Box RB5 $26,795 Rutfilling Box RB6 $26,795 Variable Width Spreader Boxes VSB 813 $65,550 Box Width Sensor $3,234 Box width Sensor Paver Retrofit $1,190 VSB914 $66,240 Box Width Sensor $3,594 Box width Sensor Paver Retrofit $1,322 VSB1015 $79,350 Box Width Sensor $3,594 Box width Sensor Paver Retrofit $1,322 VSB 1115 $95,450 Box width Sensor $3,234 Box width sensor paver Retrofit $1,190 Slurry Seal Spreader Boxes compatible with Pavers and Mastic Applicators SLB14 $20,240 Single Auger Kit $4,083 Dual Auger Kit $8,165 High Wear Skids $1,419 SLB16 $18,768 Single Auger Kit $4,083 Dual Auger Kit $8,165 High Wear Skids $1,419 MAXX G 2000 gallon $226,740 MAXXG 3000 gallon $234,600 Back Up Camera for both Models $1,782 PW10-25 Bergkamp Inc LB12 Live Bottom Bodies - Flowboy $102,545 Mounting Included Tarp for LB12 Included PTO/Wet Kit $10,477 LB15 Live Bottom Bodies - Flowboy $107,962 Mounting Included Tarp for LB15 Included PTO/Wet Kit $10,477 LB19 Live Bottom Bodies - Flowboy $119,916 Mounting Included Tarp for LB19 Included PTO/Wet Kit $10,477 NJ DEPT TREASURY INTERNAL USE ONLY Bergkamp Price List Bergkamp Price List FP5 Flameless All In One Patcher Body Only HGAC Contract PW10-25 Effective 10/1/25 to 9/30/26 Program Pricing in US Dollars Bergkamp List Price HGAC Price-10% off list Base Patcher Body Price >> Mounting Charge Is Included <<$128,266 $115,440 Standard Equipment X 2nd Auger Motor for Higher Torque Standard Standard Variable Flow, pressure compensating hydraulic pump with hydraulic driven generator Standard Standard Six Full Length heating elements in two assemblies C Asphalt Chute Standard Standard X Dual Wand Cleaning Fluid System Standard Standard X Cleaning Fluid Tank - 15 Gallon Standard Standard X LED Lighting on Machine Standard Standard Overnight Power Standard Standard X Standard Colors: Charcoal Gray; Bergkamp Orange; Yellow mp Orange Standard Standard Equipment Start Up Training Conducted At Agency's Location Standard Standard X Large front work platform, right side and rear spoils bins, insulated steel bi fold hopper doors Standard Standard X Published and Unpublished options - HGAC Contract SM10-20 O Unpublished - Bomag Roller Model 55WE mounted onto a reinforced hydraulic lift platform $14,111 $12,700 C Pavement Breaker on a Hose Reel (Either 67# or 45#)$10,261 $9,235 80 Gallon Cylindrical Heated (Pressurized Tack Tank with wand)d Tank with wand $13,250 $11,926 C Propane Torch - 200K BTU; 20# Cylinder; 31' hose $1,251 $1,126 Arrow Board - Able 2, 10 Light, Incandescent $2,361 $2,125 Strobe Light - Single Front; LED $1,294 $1,165 Unpublished Night Work Lights $1,555 $1,400 Swing Auger Attachment $18,191 $16,372 Cone Holder $355 $320 Factory mounting of unit at Bergkamp Factory $9,317 $8,386 O Unpublished - Night Work Lights $3,133 $2,820 Delivery Delivery -Mileage rate $4.44 ~Price of Chassis is NOT included in above pricing for the FP5 Pothole Patcher. Chassis is selected by the buyer in accordance with Bergkamp required specs to accommodate the patcher body. Bergkamp Price List Spray Injection Patcher SP Series Body Only HGAC Amended Pricing Contract SM10-20 Street Maintenance Equipment Pricing to take effect 10/1/2022 Program Pricing in US Dollars Bergkamp List Price HGAC 10% off list Base Patcher Body Pricing >> Mounting Charge Included >>$245,200 $220,670 Standard Equipment X SP5E Dual Hopper Dual Auger Standard Standard C Front Mounted In Cab Controls Standard Standard X Variable Air System Standard Standard X 3-Way Emulsion Pump Standard Standard 10 Light LED Arrowboard Standard Standard X LED Lighting on Machine 6 Standard Standard Overnight/Non-Working Hours Emulsion Heater Standard Standard Standard Color: Bergkamp Orange Standard Standard Mounting on Customer's Truck Standard Standard Strobe Light - Single Front; LED Standard Standard Equipment Start Up Training Conducted At Agency's Location Standard Standard InPave™- New installation InPave with one year cellular service (Available in US only)Standard Standard BFIT - One Visit Included Standard Standard X Options- SP5 Spray Patcher Manual retractable hopper tarp $4,748 $4,273 360 degree camera system $15,077 $13,570 Back up Camera w/ Night Vision & Sound $3,237 $2,913 Delivery X Delivery Mileage Rate $4.44 ~Price of Chassis is NOT included in above pricing for the SP Series Pothole Patcher Chassis is selected by the buyer in accordance with Bergkamp required specs to accommodate the patcher body. Additional Information Received Date Received: MM/DD/YYYY Time: 00:00 (AM/PM) From: Name & Title To: Name & Title Agenda Meeting Date: MM/DD/YYYY Civic Clerk Number: Ex. 2025-994 Forwarded to City Attorney’s Office and Department Head 10/27/2025 3:52 PM Blake Pennington, Senior Assistant City Attorney City Council 10/28/2025 2025-2142 Received from City Attorney's Office with Dept. Head included. RESOLUTION NO. ______ A RESOLUTION TO APPROVE THE PURCHASE OF AN FP5 ASPHALT POTHOLE PATCH TRUCK FROM HOUSTON FREIGHTLINER, INC., PURSUANT TO AN HGAC COOPERATIVE PURCHASING CONTRACT, IN THE AMOUNT OF $276,449.00, PLUS ANY APPLICABLE SURCHARGES, FREIGHT OR DELIVERY FEES UP TO 10% OF THE ORIGINAL PURCHASE PRICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of an FP5 Asphalt Pothole Patch truck from Houston Freightliner, Inc., pursuant to an HGAC Cooperative purchasing contract, in the amount of $276,449.00, plus any applicable surcharges, freight or delivery fees up to 10% of the original purchase price. Additional Information Received Date Received: MM/DD/YYYY Time: 00:00 (AM/PM) From: Name & Title To: Name & Title Agenda Meeting Date: MM/DD/YYYY Civic Clerk Number: Ex. 2025-994 Forwarded to City Attorney’s Office and Department Head 10/28/2025 4:09 PM Blake Pennington, Senior Assistant City Attorney City Clerk's Office 11/04/2025 2025-2142 Received from City Attorney's Office with Dept. Head included in email. 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Houston Freightliner, Sterling and Western Star Adam Neuse Freightliner M2 106 Plus A proposal for Prepared by October 16, 2025 Components shown may not reflect all spec'd options and are not to scale Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 1 of 1 11:37 AM City of Fayetteville 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star S P E C I F I C A T I O N P R O P O S A L Data Code Weight Front Weight RearDescription Price Level PRL-30M M2 PRL-30M (EFF:MY27 ORDERS) Data Version DRL-009 SPECPRO21 DATA RELEASE VER 009 Vehicle Configuration 001-172 5,709 3,450M2 106 PLUS CONVENTIONAL CHASSIS 004-227 2027 MODEL YEAR SPECIFIED 002-004 SET BACK AXLE - TRUCK 019-004 STRAIGHT TRUCK PROVISION, NON-TOWING 003-001 LH PRIMARY STEERING LOCATION General Service AA1-002 TRUCK CONFIGURATION AA6-002 DOMICILED, USA 50 STATES (EPA CLEAN IDLE LABEL OR NO CLEAN IDLE REQUIRED) 99D-027 EPA CLEAN IDLE LABEL - (INCLUDES 6X4 INCH LABEL ON LOWER FORWARD OF DRIVER DOOR) A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE A84-1GM GOVERNMENT BUSINESS SEGMENT AA4-002 LIQUID BULK COMMODITY AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8% EXPECTED GRADE AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE 995-091 MEDIUM TRUCK WARRANTY A66-99D EXPECTED FRONT AXLE(S) LOAD 12000.0 lbs Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 1 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription A68-99D EXPECTED REAR DRIVE AXLE(S) LOAD 23000.0 lbs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 35000.0 lbs Truck Service AA3-003 TANK BODY AF3-1J8 BERGKAMP INC. AF7-99D EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME "XX" INCHES 32.0 in Engine 101-21V CUM B6.7 260 HP @ 2400 RPM, 2600 GOV, 660 LB-FT @ 1600 RPM Electronic Parameters 79A-075 75 MPH ROAD SPEED LIMIT 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79P-007 PTO RPM WITH CRUISE SET SWITCH - 1100 RPM 79Q-007 PTO RPM WITH CRUISE RESUME SWITCH - 1100 RPM 79U-007 PTO GOVERNOR RAMP RATE - 250 RPM PER SECOND 79V-001 FUEL DOSING OF AFTERTREATMENT ENABLED IN PTO MODE-CLEANS HYDROCARBONS AT HIGH TEMPERATURES ONLY 79W-025 CRUISE CONTROL BUTTON PTO CONTROL AND ONE REMOTE PTO SPEED 79X-001 PTO SPEED 1 SETTING - 700 RPMN 80G-002 PTO MINIMUM RPM - 700N 80J-001 REGEN INHIBIT SPEED THRESHOLD - 0 MPH 80N-004 MAXIMUM ENGINE RPM = 1400 ON VSS FAILURE 80S-018 PTO 1, WITH SWITCH, TEM SUPPLIED REQUEST AND INTERLOCKS, WITH PTO CONNECTIONS, NO FACTORY INTERLOCKS EA8-010 ENG PROT ON LOW COOLANT LEVEL - ENABLE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 2 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription Engine Equipment 99C-024 EPA 2010/GHG 2024 CONFIGURATION 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL MOUNTED DONALDSON AIR CLEANER 124-1D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-205 (2) DTNA GENUINE, FLOODED STARTING, MIN 1900CCA, 350RC, THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED 281-001 STANDARD BATTERY JUMPERS 282-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON-POLISHED BATTERY BOX COVER 293-058 2NON-ESSENTIAL POSITIVE LOAD DISCONNECT, IN CAB CONTROL SWITCH MOUNTED OUTBOARD OF DRIVER SEAT 295-029 2POSITIVE AND NEGATIVE POSTS FOR JUMPSTART LOCATED ON FRAME NEXT TO STARTER 306-015 2PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3 VOLTS FOR DESIGNATED CIRCUITS 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 108-002 STANDARD MECHANICAL AIR COMPRESSOR GOVERNOR 131-013 AIR COMPRESSOR DISCHARGE LINE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-076 20CUMMINS ENGINE INTEGRAL BRAKE WITH VARIABLE GEOMETRY TURBO ON/OFF 016-1C3 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 3 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 28F-014 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND VIRTUAL REGENERATION REQUEST SWITCH IN CLUSTER 239-001 STANDARD EXHAUST SYSTEM LENGTH 237-052 RH STANDARD HORIZONTAL TAILPIPE 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 242-998 -10NO MUFFLER/TAILPIPE SHIELD 273-058 AIR POWERED ON/OFF ENGINE FAN CLUTCH 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER 118-001 FULL FLOW OIL FILTER 120-998 -10NO COOLANT FILTER 266-100 700 SQUARE INCH ALUMINUM RADIATOR 103-039 ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES 270-016 RADIATOR DRAIN VALVE 168-002 LOWER RADIATOR GUARD 134-001 ALUMINUM FLYWHEEL HOUSING 132-004 ELECTRIC GRID AIR INTAKE WARMER Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 4 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 155-057 DELCO 12V 29MT STARTER WITH INTEGRATED MAGNETIC SWITCH Transmission 342-584 200 60ALLISON 3500 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission Equipment 343-339 ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV 84B-012 ALLISON VOCATIONAL RATING FOR ON/OFF HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E-000 PRIMARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84F-000 SECONDARY SHIFT SCHEDULE RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84H-000 SECONDARY SHIFT SPEED RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84J-000 ENGINE BRAKE RANGE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84K-000 ENGINE BRAKE RANGE ALTERNATE PRESELECT RECOMMENDED BY DTNA AND ALLISON, THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84N-011 NEUTRAL AT STOP ENABLED 84U-000 DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES 85E-011 MAXIMUM ENGINE SPEED FOR PTO ENGAGEMENT 1000 RPM 85F-074 MAXIMUM ENGINE SPEED FOR PTO OPERATION 4000 RPM Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 5 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 85H-159 MAXIMUM OUTPUT SPEED FOR PTO OPERATION 4000 RPM - ALLISON 5TH GEN TRANSMISSIONS 353-075 QUICKFIT BODY LIGHTING CONNECTOR AT END OF FRAME, WITH CAP 34C-011 ELECTRONIC TRANSMISSION WIRING TO CUSTOMER INTERFACE CONNECTOR 362-2JT 50CUSTOMER INSTALLED CHELSEA 281 SERIES PTO 363-002 PTO MOUNTING, RH SIDE OF MAIN TRANSMISSION ALLISON & EATON FULLER 341-018 MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013 370-015 15WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 ATF-SYNTHETIC AUTOMATIC TRANSMISSION FLUID Front Axle and Equipment 400-1A6 DETROIT DA-F-12.0-3 12,000# FF1 71.5 KPI/3.74 DROP SINGLE FRONT AXLE 402-020 MERITOR 15X4 Q+ CAM FRONT BRAKES 403-002 NON-ASBESTOS FRONT BRAKE LINING 419-023 CONMET CAST IRON FRONT BRAKE DRUMS 409-006 FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES 405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS 536-050 TRW THP-60 POWER STEERING 539-003 POWER STEERING PUMP Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 6 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 534-015 2 QUART SEE THROUGH POWER STEERING RESERVOIR 40T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LUBE Front Suspension 620-1F0 4212,000# DUAL TAPERLEAF FRONT SUSPENSION 619-005 MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS Rear Axle and Equipment 420-1GK 30DETROIT DA-RS-23.0-4 23,000# R-SERIES SINGLE REAR AXLE 421-614 6.14 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-073 MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE WITH HALF ROUND YOKES 452-001 DRIVER CONTROLLED TRACTION DIFFERENTIAL - SINGLE REAR AXLE 878-018 (1) DRIVER CONTROLLED DIFFERENTIAL LOCK REAR VALVE FOR SINGLE DRIVE AXLE 87B-014 INDICATOR LIGHT AND BUZZER FOR EACH DIFFERENTIAL LOCKOUT SWITCH, ENGAGE <5 MPH, DISENGAGE >25 MPH 423-020 MERITOR 16.5X7 Q+ CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING 434-011 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) 451-001 -10CAST IRON OUTBOARD REAR BRAKE DRUMS 440-006 REAR OIL SEALS 426-100 WABCO TRISTOP D LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-002 MERITOR AUTOMATIC REAR SLACK ADJUSTERS 41T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 7 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription Rear Suspension 622-1MJ 11023,000# 52 INCH VARIABLE RATE MULTI-LEAF SPRING REAR SUSPENSION WITH LEAF SPRING HELPER 621-001 SPRING SUSPENSION - NO AXLE SPACERS 431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP 439-001 40REAR SHOCK ABSORBERS - ONE AXLE Pusher / Tag Equipment 429-998 NO PUSHER/TAG BRAKE DUST SHIELDS Brake System 018-002 AIR BRAKE PACKAGE 490-100 WABCO 4S/4M ABS 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-088 WABCO SYSTEM SAVER HP WITH INTEGRAL AIR GOVERNOR AND HEATER 479-015 AIR DRYER FRAME MOUNTED 460-001 STEEL AIR BRAKE RESERVOIRS 477-001 PULL CABLE ON WET TANK, PETCOCK DRAIN VALVES ON ALL OTHER AIR TANKS Trailer Connections 481-998 NO TRAILER AIR HOSE 476-998 NO AIR HOSE HANGER Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 8 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 310-998 NO TRAILER ELECTRICAL CABLE Wheelbase & Frame 545-492 4925MM (194 INCH) WHEELBASE 546-122 120 608.0MM X 89.0MM X 261MM STEEL FRAME (0.31X3.50X10.28 INCH) 140KSI 552-134 1050MM (41 INCH) REAR FRAME OVERHANG 55W-004 10 -50FRAME OVERHANG RANGE: 41 INCH TO 50 INCH AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 128.35 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) 125.35 in AE4-99D CALC'D FRAME LENGTH - OVERALL 274.17 in FSS-0LH CALCULATED FRAME SPACE LH SIDE 98.69 in FSS-0RH CALCULATED FRAME SPACE RH SIDE 94.88 in AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE 0.0 in 553-001 SQUARE END OF FRAME 550-001 FRONT CLOSING CROSSMEMBER 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER 561-001 STANDARD CROSSMEMBER BACK OF TRANSMISSION 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) 572-001 STANDARD REARMOST CROSSMEMBER 565-001 STANDARD SUSPENSION CROSSMEMBER Chassis Equipment 556-1AP 30THREE-PIECE 14 INCH PAINTED STEEL BUMPER WITH COLLAPSIBLE ENDS 558-001 15FRONT TOW HOOKS - FRAME MOUNTED 574-001 BUMPER MOUNTING FOR SINGLE LICENSE PLATE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 9 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 585-998 NO MUDFLAP BRACKETS 590-998 NO REAR MUDFLAPS 586-024 FENDER AND FRONT OF HOOD MOUNTED FRONT MUDFLAPS 551-007 GRADE 8 THREADED HEX HEADED FRAME FASTENERS 44Z-002 EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE Fifth Wheel 578-998 NO FIFTH WHEEL Fuel Tanks 204-215 2050 GALLON/189 LITER SHORT RECTANGULAR ALUMINUM FUEL TANK - LH 218-005 RECTANGULAR FUEL TANK(S) 215-005 PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH PAINTED BANDS 212-007 FUEL TANK(S) FORWARD 664-001 PLAIN STEP FINISH 205-001 FUEL TANK CAP(S) 122-1J2 -5DETROIT FUEL/WATER SEPARATOR WITH WATER IN FUEL SENSOR AND HAND PRIMER 216-020 EQUIFLO INBOARD FUEL SYSTEM 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Tires 093-13H 24CONTINENTAL HS3+ ECO PLUS 11R22.5 16 PLY RADIAL FRONT TIRES 094-12P 92CONTINENTAL HDR2+ 11R22.5 14 PLY RADIAL REAR TIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS 450-060 CONMET PRESET PLUS PREMIUM IRON REAR HUBS Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 10 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription Wheels 502-753 10MAXION WHEELS 91262 22.5X8.25 10-HUB PILOT 6.20 INSET 5-HAND STEEL DISC FRONT WHEELS 505-753 20MAXION WHEELS 91262 22.5X8.25 10-HUB PILOT 5-HAND STEEL DISC REAR WHEELS 496-011 FRONT WHEEL MOUNTING NUTS 497-011 REAR WHEEL MOUNTING NUTS Cab Exterior 829-071 106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 650-008 AIR CAB MOUNTING 648-002 NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE 678-001 LH AND RH GRAB HANDLES 646-045 MOLD-IN COLOR GRILLE 65X-011 MOLD-IN COLOR HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD 690-016 5CAB FLOOR, TOE BOARD AND FIREWALL HEAT SHIELD 726-002 DUAL ELECTRIC HORNS 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-075 LED LOW BEAM AND HIGH BEAM HEADLIGHTS 302-047 LED AERODYNAMIC MARKER LIGHTS 311-001 DAYTIME RUNNING LIGHTS 294-090 -5OMIT STOP/TAIL/BACKUP LIGHTS AND PROVIDE WIRING FOR COMBINED STOP/TURN LIGHTS TO FOUR FEET BEYOND END OF FRAME 300-015 STANDARD FRONT TURN SIGNAL LAMPS 744-1BK DUAL WEST COAST MOLDED-IN COLOR HEATED MIRRORS WITH LH AND RH REMOTE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 11 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 797-001 DOOR MOUNTED MIRRORS 796-001 102 INCH EQUIPMENT WIDTH 743-1AP LH AND RH 8 INCH MOLDED-IN COLOR CONVEX MIRRORS M0UNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS 677-016 DUAL LEVEL CAB ENTRY STEPS ON BOTH SIDES 768-043 63X14 INCH TINTED REAR WINDOW 661-003 TINTED DOOR GLASS LH AND RH WITH TINTED NON- OPERATING WING WINDOWS 654-011 RH AND LH ELECTRIC POWERED WINDOWS 663-013 1-PIECE SOLAR GREEN GLASS WINDSHELD 659-019 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED Cab Interior 055-019 RUGGED TRIM PACKAGE 707-107 GRAY & CARBON VINYL INTERIOR "RUGGED" 70K-020 CARBON WITH PREMIUM GUNMETAL ACCENT (RUGGED) 706-013 MOLDED DOOR PANEL 708-013 MOLDED PLASTIC DOOR PANEL 772-006 BLACK MATS WITH SINGLE INSULATION 785-026 (1)DASH MOUNTED 12V POWER OUTLET, (1)DASH MOUNTED DUAL USB-C OUTLET 691-001 FORWARD ROOF MOUNTED CONSOLE 693-019 LH AND RH DOOR STORAGE POCKETS INTEGRATED INTO MOLDED DOOR PANELS 738-021 DIGITAL ALARM CLOCK IN DRIVER DISPLAY 742-007 (2) CUP HOLDERS LH AND RH DASH Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 12 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 680-029 M2/SD DASH 720-002 52-1/2 LB. FIRE EXTINGUISHER 700-002 HEATER, DEFROSTER AND AIR CONDITIONER 701-001 STANDARD HVAC DUCTING 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-015 STANDARD HEATER PLUMBING 130-041 VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR 702-002 BINARY CONTROL, R-134A 739-034 PREMIUM INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-1B3 STANDARD LED CAB LIGHTING 787-004 2REMOTE KEYLESS ENTRY AND 2 TRANSMITTERS 657-001 DOOR LOCKS AND IGNITION SWITCH KEYED THE SAME 78G-004 KEY QUANTITY OF 4 655-005 LH AND RH ELECTRIC DOOR LOCKS 740-998 -20 -15NO MATTRESS 722-028 10TRIANGULAR REFLECTORS KIT WITHOUT FLARES SHIPPED LOOSE IN CAB 756-338 30BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 760-338 25 10BASIC ISRINGHAUSEN HIGH BACK AIR SUSPENSION PASSENGER SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 759-002 4INBOARD DRIVER AND PASSENGER SEAT ARMRESTS Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 13 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-143 RUGGED CLOTH BLACK WITH GRAY DRIVER SEAT 761-143 RUGGED CLOTH BLACK WITH GRAY PASSENGER SEAT 763-101 BLACK SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 540-044 4-SPOKE 18 INCH (450MM) BLACK STEERING WHEEL WITH SWITCHES 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls 106-002 ELECTRONIC ACCELERATOR CONTROL 732-998 NO INSTRUMENT PANEL-DRIVER 734-025 CONFIGURABLE UPPER PANEL WITH INTEGRATED LOWER STORAGE 87L-005 ENGINE REMOTE INTERFACE WITHOUT INTERLOCKS 870-002 BRIGHT ARGENT FINISH GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-001 DUAL NEEDLE PRIMARY AND SECONDARY AIR PRESSURE GAUGE 198-025 INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 721-001 397 DB BACKUP ALARM 149-015 ELECTRONIC CRUISE CONTROL WITH CONTROLS ON STEERING WHEEL SPOKES 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 157-007 MANUAL REMOTE ENGINE STOP/START WITH PTO RE- ENGAGE 811-044 PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT COLOR DISPLAY 81B-003 DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER DISPLAY Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 14 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 160-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-073 ENGINE REMOTE INTERFACE FOR REMOTE THROTTLE 48H-001 QUICKFIT POWERTRAIN INTERFACE CONNECTOR LOCATED BETWEEN SEATS WITH CAPS 48C-003 QUICKFIT PROGRAMMABLE INTERFACE CONNECTOR(S) UNDER CAB WITH CAP 163-014 ENGINE REMOTE INTERFACE CONNECTOR AT POWERTRAIN INTERFACE CONNECTOR 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 864-022 DIGITAL TRANSMISSION OIL TEMPERATURE IN DRIVER DISPLAY 867-004 ELECTRONIC OUTSIDE TEMPERATURE SENSOR DISPLAY IN DRIVER MESSAGE CENTER 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-123 PTO CONTROLS FOR ENHANCED VEHICLE ELECTRIC/ELECTRONIC ARCHITECTURE 736-998 NO OBSTACLE DETECTION SYSTEM 72J-998 NO DR ASSIST SYSTEM 73H-998 NO CAMERA/VIDEO/IMAGING SYSTEM 49B-998 NO VEHICLE STABILITY ADVISOR OR CONTROL 73B-998 NO LANE DEPARTURE WARNING SYSTEM 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 679-998 NO OVERHEAD INSTRUMENT PANEL 35M-010 101 QUICKFIT PROGRAMABLE MODULE (QPM/XMC) 1U1-002 TOP OF DASH RAM MOUNT WITHOUT POWER OR GROUND, FOR CUSTOMER FURNISHED DEVICE 746-143 7" B-PANEL INTERACTIVE TOUCHSCREEN DISPLAY RADIO W/ USB-C, APPLE CARPLAY, ANDROID AUTO, BLUETOOTH/AM/FM/SXM/WB, WITH MICROPHONE Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 15 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-998 NO AM/FM RADIO ANTENNA 749-998 NO CB RADIO MOUNTING PROVISION 75W-002 SHARKFIN MULTI-BAND ANTENNA, RIGHT HAND BIAS ROOF MOUNTING LOCATION: AM/FM/WEATHERBAND, WIFI/BLUETOOTH, SDAR/SIRIUSXM, GNSS/GPS 78C-003 INTEROPERABLE SDAR ANTENNA 74D-006 STANDARD RADIO WIRING WITH STEERING WHEEL CONTROLS 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR 812-001 ELECTRONIC 3000 RPM TACHOMETER 813-1C8 DETROIT CONNECT PLATFORM HARDWARE 8D1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES 6TS-005 TMC RP1226 ACCESSORY CONNECTOR LOCATED BEHIND PASSENGER SIDE REMOVEABLE DASH PANEL 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP 329-113 FOUR EXTRA HARDWIRED SWITCHES IN DASH, ROUTE TO UNDER CAB, CAPPED 4C1-012 HARDWIRE SWITCH #1,ON/OFF LATCHING, 30 AMPS BATTERY POWER 4C2-012 HARDWIRE SWITCH #2,ON/OFF LATCHING, 30 AMPS BATTERY POWER 4C3-018 HARDWIRE SWITCH #3, ON/OFF LATCHING, 20 AMPS BATTERY POWER 4C4-016 HARDWIRE SWITCH #4, ON/OFF LATCHING, 20 AMPS IGNITION POWER 81Y-006 PRE-TRIP INSPECTION FEATURE FOR EXTERIOR LAMPS AND SERVICE BRAKES 264-033 STEERING WHEEL MOUNTED ELECTRIC HORN CONTROL Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 16 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Data Code Weight Front Weight RearDescription 883-998 NO TRAILER HAND CONTROL BRAKE VALVE 842-006 DIGITAL TURBO AIR PRESSURE IN DRIVER DISPLAY 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY 304-030 ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR OPTIONAL FOG/ROAD LAMPS 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR 299-020 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, HEADLAMP FLASH, WASH/WIPE/INTERMITTENT 298-046 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH 40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY 87T-998 NO WRG/SW-OPTL #2,CHAS,AIR Design 065-000 PAINT: ONE SOLID COLOR Color 980-5F6 CAB COLOR A: L0006EY WHITE ELITE EY 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 962-972 POWDER WHITE (N0006EA) FRONT WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) 966-972 POWDER WHITE (N0006EA) REAR WHEELS/RIMS (PKWHT21, TKWHT21, W, TW) 964-3A1 BUMPER PAINT: N0001EA BLACK ELITE SS 963-003 STANDARD E COAT/UNDERCOATING Certification / Compliance 996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Sales Programs NO SALES PROGRAMS HAVE BEEN SELECTED Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 17 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star Weight Summary Weight Rear Total Weight Weight Front Factory Weight+10112 lbs3795 lbs6317 lbs Total Weight+6317 lbs 3795 lbs 10112 lbs Other Factory Charges PMV-024 GHG24 SURCHARGE - CUMMINS RD1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES RD3-998 NO SAFETY EVENT VIEWER RAG-020 CUMMINS TARIFF CHARGE - $205 PAT-025 STEEL, ALUMINUM, AND CHINA TARIFF IMPACT FEE 108/114 SD AND M2 106/112 R27-001 MY27 ESCALATOR P73-2FT STANDARD DESTINATION CHARGE (**) Prices shown do not include taxes, fees, etc… "Net Equipment Selling Price" is located on the Quotation Details Proposal Report. (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. (+) Weights Shown are estimates only. If weight is critical, contact Customer Application Engineering. Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 18 of 18 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star DIMENSIONS VEHICLE SPECIFICATIONS SUMMARY - DIMENSIONS Model M2106 Wheelbase (545)4925MM (194 INCH) WHEELBASE Rear Frame Overhang (552)1050MM (41 INCH) REAR FRAME OVERHANG Fifth Wheel (578)NO FIFTH WHEEL Mounting Location (577)NO FIFTH WHEEL LOCATION Maximum Forward Position (in)0 Maximum Rearward Position (in)0 Amount of Slide Travel (in)0 Slide Increment (in)0 Desired Slide Position (in)0.0 Cab Size (829)106 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper (682)NO SLEEPER BOX/SLEEPERCAB Exhaust System (016)RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH HORIZONTAL TAILPIPE Cab to Body Clearance (in)3.0 Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 1 of 2 11:37 AM 12802 CROSBY FREEWAY Prepared by: Adam Neuse Houston, TX 77049 Phone : Houston Freightliner, Sterling and Western Star TABLE SUMMARY - DIMENSIONS Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. Bergkamp Patcher Application Version 12.0.501 Data Version PRL-30M.009 10/16/2025 Page 2 of 2 11:37 AM Additional Information Received Date Received: MM/DD/YYYY Time: 00:00 (AM/PM) From: Name & Title To: Name & Title Agenda Meeting Date: MM/DD/YYYY Civic Clerk Number: Ex. 2025-994 Forwarded to City Attorney’s Office and Department Head 10/28/2025 4:09 PM Blake Pennington, Senior Assistant City Attorney City Clerk's Office 11/04/2025 2025-2142 Received from City Attorney's Office with Dept. Head included in email. Contract No.:HT06-20 Date Prepared:10/16/2025 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:D5 Description: 88483 Cost Cost 3302 159 5033 191 235 359 654 33 688 449 150 69 551 56 91 172989 140 215 Subtotal B: 185364 Cost Cost 150 300 420 0 500 Subtotal C: 1370 1% 1 275217 =Subtotal D: 275217 Subtotal E: 1500 Cost Cost 3375 -3643 Subtotal F: -268 276449 Positive and Negative Jump Starts Mtd on Frame Next to Starter 8.0MM X 89.0MM X 261MM STEEL FRAME Basic High Back Air Susp Pass Seat Adjustable Steering Column 194" Wheelbase AM/FM/WB CD/MP3 with Sirius XM RS-23-160 23,000 LB REAR AXLE B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) adam.neuse@houstonfreightliner.com E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) Description Back Up Alarm QUICKFIT BODY LIGHTING CONNECTOR AT EOG For this transaction the percentage is: Driver Controlled Differential Lock (One Axle) LED LOW BEAM AND HIGH BEAM HEADLIGHTS Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) Bergkamp FP5 Patch Truck BodyAir Cab Mounts CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only M2-106, Conventional Cab, SBFA, SRA (PRL-20M) A. Product Item Base Unit Price Per Contractor's H-GAC Contract: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Fayetteville Houston Freightliner Adam Neuse 713-580-8148 G. Total Purchase Price (D+E+F): Delivery Date: NEUTRAL AT STOP ENABLED Subtotal From Additional Sheet(s): Quantity Ordered: F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: DiscountFreightliner Standard Destination Charge Description B6.7 260 HP 660 LB FT TQ ENGINE Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description Basic High Back Air Driver Seat Battery Disconnect MTD LH of Driver Seat 3500 RDS AUTOMATIC TRANSMISSION Dual West Coast Mirrors w/LH-RH Remote Subtotal From Additional Sheet(s): Front Tow Hooks Premium Cab Insulation 13,300 LB TAPERLEAF FRONT SUSPENSION