Norms RFP with changes.pdf

Request for Proposals Pumper Vehicle

Upper McKenzie Rural Fire Protection District

56268 McKenzie Hwy McKenzie Bridge, OR 97413

This document is a Request for Proposal by Upper McKenzie Rural Fire Protection District for the purchase of – One (1) New, Commercial Chassis, Four (4) Door Pumper Fire Apparatus Each proposal must be submitted in a sealed envelope marked:

“Fire Apparatus Proposal” Upper McKenzie RFPD

Attn: Deputy Fire Chief Norm Michaels 56578 McKenzie Highway

McKenzie Bridge, OR 97413-9646

The proposals are due at the above address no later than March 7, 2022 at 1600.

Immediately thereafter, the proposals will be read with the Vendor names and prices announced. No other information will be presented nor an evaluation conducted at that time. Faxed proposals will not be accepted; hard copy written proposals are requested and must be mailed through USPS, sent by courier such as UPS or FEDEX, or hand delivered. (OAR 137-047-0260(2). Bidders are responsible to insure timely delivery.

Solicitation documents will be posted on Oregon Buys and may be reviewed at the Administrative Office at the above address from 10:00 to 4:00 by appointment.

Documents will be emailed or hard copy mailed as requested.

All proposals will be evaluated and scored according to the listed criteria, and the winning proposal selected.

All proposed specifications may be in an order that is convienent to the Deputy Chief Norm Michaels, email nmichaels2@yahoo.com is the contact point for any general questions regarding this Request for Proposal or the specifications in this Request for Proposal. Questions regarding this proposal should be submitted by email, mail, or phone (541) 570-5387. Questions should be directed to Norm Michaels no later than February 17, 2022.

RFP posted January 26, 2022

Questions due February 17, 2022

Proposals due March 7, 2022

Proposal Requirements

A. Proposer firm’s name, firm point of contact, address, telephone number and fax number B. Proposer firm’s experience in building and maintenance support for Commercial Fire pumper.

C. A minimum of three (3) references from customers for delivery of Commercial Fire Pumper, including both recent deliveries and deliveries 5 to 10 years prior.

D. Specifications of proposed Commercial Fire Pumper as outlined Note: Equivalent specifications to those listed in Attachment A can be submitted by the proposer and will be reviewed by the Upper McKenzie Rural Fire Protection District in evaluating the proposal. These equivalent specifications shall be clearly identified as such in the proposal. The Upper McKenzie RFPD has the final authority to determine which of these equivalent specifications are acceptable and which are not.

E. Facility in the Eugene/Springfield area certified by manufacturer and equipped to perform repair and warranty work on the Commercil Fire Pumper. A mobile repair facility that will respond to McKenzie Bridge is acceptable.

F. Proposed delivery date for the Commercial Fire Pumper to the Upper McKenzie RFPD in McKenzie Bridge, Oregon.

1. G. Each proposal shall include a price for the Pumper delivered to McKenzie Bridge, Oregon. The Upper McKenzie RFPD will accept a contract that requires down payments or prepayments that allow for a discount. If any prepayment is agreed to, a performance bond will be required

H. Exceptions to these specifications may be considered. It is the proposer’s responsibility to provide documentation that meets or exceeds the written specifications.

Final determination of acceptability will be at the discretion of Upper McKenzie RFPD.

All Exceptions are to be listed and explained in detail. Exception should list the corresponding page and paragraph in the description. Exceptions shall be in the same order as the specifications.

Other Requirements

A. All costs and expenses for preparing and submitting the proposal are the responsibility of the proposer and will not be reimbursed by Upper McKenzie RFPD Offeror submits the proposal at their own risk and expense.

B. Proposals may be withdrawn or modified any time prior to deadline for the submission. Withdrawals or modifications must be clearly identified and submitted in writing to Deputy Chief Norm Michaels, Upper McKenzie RFPD.

C. The Upper McKenzie RFPD may cancel the procurement or reject any or all proposals, in whole or in part, when the cancellation or rejection is in the best interest of the Upper McKenzie RFPD, as determined by the Upper McKenzie RFPD in accordance with ORS 279B.100.

D. The proposals shall be valid for sixty (60) days after this Request for Proposals closes.

E. Permissive Cooperative Procurements: Other contracting agencies are allowed to establish contracts or price agreements under the terms, conditions, and prices of any contract resulting from this Request for Proposals. Proposers shall agree to extend terms, conditions, and prices offered pursuant to this Request for Proposals to other contracting agencies, if awarded the contract. Other contracting agencies interested in purchasing through a permissive cooperative procurement comply in all respects with other notice and contracting requirements as set forth in ORS 279A.200 to ORS 279A.225.

F. Upper McKenzie RFPD will email any notices of Addenda to any interested party requesting the Request for Proposal and specifications package, as specified in OAR 137- 047-0430. Any addenda will also be posted to Oregon Buys.

G. The contractor or subcontractor shall possess an asbestos abatement license, if required under ORS 468.710.

H. Recycled Materials: Preference shall be given to materials and supplies manufactured from recycled materials, pursuant to ORS 279A.125(2) and recycled oil, pursuant to ORS 279B.240.

I. In the event that two or more proposals are identical in price, fitness, availability, and quality, award shall be made in accordance with OAR 137-047-0600(1)(b)(A). The criteria used is shown under section V.

J. In the event any proposer to whom a contract is awarded shall default in executing said formal contract the Upper McKenzie Rural Fire Protection District reserves the right to re-award the contract to another proposer.

K. Upper McKenzie Rural Fire Protection District shall hold the three highest scored proposals under consideration until the final award is made, provided that the Upper McKenzie Rural Fire Protection District shall award the contract within 60 days after the proposal opening date.

L. “Liquidated Damages”: The Vehicle purchase contract shall include a liquidated damages provision stipulating a certain date the vehicle will be delivered by the vendor.

If the vendor does not deliver the vehicle by the date stipulated, the vendor shall be responsible for one hundred dollars ($100) per day as liquidated damages, barring strikes, acts of God, or documented supply chain delays.

M. General Construction: The complete apparatus, assemblies, subassemblies, component parts and so on, shall be designed and constructed with due consideration to the nature and distribution of the load to be sustained and to the general character of the service to which the apparatus is to be subjected when placed in service.

N. Insurance Requirements: Each proposer must submit with the proposal a Certificate of Insurance listing the proposed manufacture’s product liability insurance coverage.

General Liability insurance shall be a minimum amount of five (5) million dollars.

Submitted certificate shall name the apparatus manufacturer, insurance company, policy number, and effective dates of the insurance policy.

O. Warranty: Proposer shall provide the Upper McKenzie Rural Fire Protection District with a list of its company’s warranties for the apparatus proposed, including length of time for repairs (from time of report) and repair costs incurred by the purchaser. A copy of the warranties for the chassis, pump, body, and water tank shall be furnished as part of each proposal.

P. PERFORMANCE AND ACCEPTANCE TESTS

The apparatus must comply with the following performance and acceptance test requirements upon delivery to the Upper McKenzie Rural Fire Protection District:

Pump test from draft. A certificate from an independent third party will be accepted.

A road test will be conducted with the apparatus fully loaded and a continuous run of ten

(10) miles or more will be made under all driving conditions, during which time the apparatus shall show no loss of power or overheating. The transmission drive shaft or shafts and rear axles shall run quietly and be free from abnormal vibration or noise throughout the operating range of the apparatus.

The service brakes shall be capable of stopping fully loaded vehicle in 35 feet at 20 mph on a level paved highway.

The apparatus fully loaded shall be capable of obtaining a speed of 55 mph highway with grade of 6% with the engine not exceeding its governed rpm (full load).

The apparatus must be capable of climbing an 18% grade.

The brakes must be capable of holding the apparatus on a street with an 18% grade.

Permission to keep or store the apparatus in any building owned or occupied by the purchaser during the test period shall not constitute acceptance. Insurance covering loss, theft, or liability shall remain the responsibility of the bidder until formal acceptance is completed.

Q. FAILURE TO MEET TEST REQUIREMENTS

In the event the apparatus fails to meet the test requirements of these specifications on the first trials, second trials may be made at the option of the vendor within thirty (30) days of the date of the first trials. Such trials shall be final and conclusive and failure to comply with these requirements shall be cause for rejection. Failure to comply with changes the purchaser may consider necessary to conform to any clause of the specifications within thirty (30) days after notice is given to the vendor of such necessary changes shall also be cause for rejection of the apparatus. Permission to keep or store the apparatus in any building owned or occupied by the purchaser or its use by the purchaser during the above specified period with the permission of the vendor shall not constitute acceptance.

R. SPECIFICATION PROPOSAL REQUIREMENTS

Vendors must submit a detailed proposal. Sufficient information must be provided to allow for a thorough evaluation and comparison of proposal to the specifications.

Vendors must also indicate if their proposal complies on each ITEM (PARAGRAPH) specified. EXCEPTIONS WILL BE ALLOWED IF THEY ARE EQUAL TO OR

SUPERIOR TO THAT SPECIFIED AND PROVIDED THEY ARE LISTED AND

FULLY EXPLAINED ON A SEPARATE SHEET. If the specifications cannot be met due to the discontinuance of a component by the manufacturer, alternative components may be proposed by the vendor. The Upper McKenzie Rural Fire Protection District has the final authority to determine which of these equivalent specifications are acceptable and which are not.

S. BRAND NAMES/ EQUIVALENCY

Brand names have been used within these specifications as comparators and the words “or equivalent” should be added. Exceptions will be allowed if they are equal to or superior to that specified and provided they are listed and fully explained by the vendor on a separate page. Please note however, that the determination as to equivalency is within the sole discretion of the Upper McKenzie Rural Fire Protection District after a review of the equivalent equipment specified. Such a review shall include consideration of compatibility with existing equipment, maintenance requirements, suitability for Upper McKenzie Rural Fire Protection District’s needs, and previous experience, if any, by the Upper McKenzie Rural Fire Protection District or other governmental entities with such equipment.

It is the Upper McKenzie Rural Fire Protection District’s understanding that all specified brand names are standard, cataloged, manufactured items, or “off the shelf” items and that no proprietary or sole source items have been specified. If a vendor has a particular issue with any specified brand name, vendors are encouraged to identify that issue and bring it to the Upper McKenzie Rural Fire Protection District’s attention prior to submission of proposal.

T. OREGON LAW

All vendors shall submit to the jurisdiction of Oregon State courts for the purpose of any litigation arising form the specifications and contract documents, including, but not limited to, claims for property damage, warranty and breach of contract. The specifications, proposals, and all contract documents shall be construed under Oregon State Laws.

U. Anticipated Schedule:

January 26, 2022 Request for Proposal Advertised

March 7, 2022 RFP closes

March 23, 2022 Notice of Intent to Award Contract (approximate)

April 27, 2022 Contract awarded by the Upper McKenzie Rural Fire Protection District Board (approximate)

V. Proposal submittals include:

1. Bid Form

2. Non-Collusion Affidavit

3. Reference Form

4. Parts and Repair Facility Location Form

5. Manufacturer’s response to specifications and additional material provided by manufacturer.

6. Proposed Contract Form

Proposal Selection Criteria: Each proposal will be compared to the RFP and a higher number of points assigned to proposals that most closely match or exceed RFP requirements in the following categories:

Category Points

a. Proposer’s Experience in building Pumper, including references from at least three (3) recent Pumper and Tender customers

b. Purchase price for Pumper 50

c. Service: manufacturer certified maintenance / repair capability, and warranty support

d. Compliance with specifications in RFP 40

e. Delivery date offered 10

f. Warranty Provisions 20

TOTAL 160

Solicitation Protests:

Solicitation protests shall be made and responded to in accordance with OAR 137-047- 0730.

Complaint Process:

Any proposer who has submitted a proposal to the Upper McKenzie Rural Fire Protection District and who is adversely affected by the Upper McKenzie Rural Fire Protection District’s contract award to another Proposer, has seven (7) days after issuance of the Notice of Intent to Award the contract to submit a written protest of the award to the agency. Such right to protest shall conform to the requirements of OAR 137-047-0740 and specify the grounds upon which the protest is based.

An adversely affected bidder must exhaust all avenues of administrative review and relief before seeking judicial review of the Upper McKenzie Rural Fire Protection District’s Proposal award or contract selection. Concerns must be submitted to:

Deputy Fire Chief Norm Michaels

56578 Mckenzie Highway McKenzie Bridge, OR 97413

(541) 570-5387 nmichaels2@yahoo.com

Pumper Specifications

I. GENERAL

1. Bids are requested for one (1) commercial fire pumper, with a 5 person 4 door cab.

The apparatus shall meet the requirements of National Fire Protection Association (NFPA) 1901, Standard for Automotive Fire Apparatus current edition in all respects for use as a pumper fire apparatus

2. Some items in the specifications may exceed NFPA standards and will be considered minimum for compliance

3. The bid price must remain valid for a period of sixty (60) days from the date of bid opening

A. Intent of Specifications

1. It is the intent of this specification to describe the essential minimum requirements for construction and performance of the apparatus and associate equipment. Items not described in this specification for construction or performance, or in NFPA1901 may be accepted as the standard of the bidder who shall be solely responsible for the design, construction and performance of apparatus and equipment.

2. The unit shall comply with all Federal, State, ICC and DOT regulations, standards and laws relating to commercial vehicles as well as to fire apparatus. The unit shall be able to pass an Oregon State Motor vehicle inspection for commercial vehicles.

3. Any error, omission, or inconsistency that is identified by the bidder shall be listed as such in the exceptions and a proposal to meet the intent of the specifications shall be listed

4. Each bid must be accompanied by a set of detailed contractor's specifications consisting of a detailed description of the apparatus and equipment proposed. All bid proposal specifications must be in the same sequence as the advertised specification for ease of comparison. These specifications shall include size, location, type, and model of all component parts being furnished. Detailed information shall be provided on the materials used to construct all facets of the apparatus body. Any bidder who fails to submit detailed construction specifications, or who photo copies and submits these specifications as their own construction details will be considered non-responsive and shall render their proposal ineligible for award. No exception.

5. It shall be the responsibility of the bidder to assure that their proposal arrives at the location and time indicated. Late proposals will not be considered. No exception.

B. Bid Order

1. All bidders may organize their respective bid specifications in any order that meets the vendors standards

C. Exceptions

1. All Exception no matter how minor shall be spelled out in detail. All exceptions shall reference page and paragraph of the RFP and be in the same order as the RFP specifications.

D. Mandatory and Optional Work

1. All items listed in the specifications are to be considered mandatory except items under the “options” heading E. Payment Terms

1. The Upper McKenzie RFPD will accept a contract that requires down payments or prepayments that allow for a discount. If any prepayment is agreed to, a performance bond will be required.

2. If prepayment is not made, payment will be made when the vehicle is delivered.

II. CHASSIS AND BODY

1. The body may be aluminum, stainless steel, or steel.

2. A full description including grade, thickness, and tensile strength of the proposed material for body construction must be included with the bid.

3. The finished vehicle will need to fit within the existing bay, and should be about 31.5 feet overall length with a height of about 9 feet and a body width of about 8 feet. The bay door opening is 12 feet wide by 11 feet tall.

4. The vehicle will have positions for a minimum of 5 firefighters within the cab. Three seats will have integrated SCBA storage.

5. The motor will be large enough to allow the vehicle to ascend a 6% grade at 55 mph when fully loaded. This is likely to be about 360 hp and 1150 ft lbs torque.

6. The transmission will be an automatic.

7. The vehicle must have a means to slow the vehicle to safe speeds on an 8% down grade using engine braking and transmission braking.

8. The vehicle will have landlines for air and battery charger, to be located on the driver side of the vehicle. The vehicle will have a battery charger/conditioner that is connected to the 110 volt land line to keep the batteries in good condition. The electric landline will also be used to charge batteries while in the station. A minimum of four (4 )110 volt outlets will be installed in specified compartments to charge batteries.

A. Paint

1. The vehicle will be a yellow green color, FLNA 6051 or equivalent.

B. Wheels

1. Wheels will be painted steel, the same color as the body.

C. Ladders

1. The vehicle will have an electric (or hydraulic) ladder rack for mounting (1) 24 foot extension ladder, one (1) 14 foot roof ladder, and one (1) 10 foot attic ladder.

D. Pike poles

1. The vehicle will have storage for 2 pike poles, one each of 6 foot and 10 foot lengths.

E. Hose beds

1. The vehicle will have a hose bed to store approximately 2000 feet of 3 inch hose.

2. The vehicle will have a pre-connect hose bed to hold 200 feet of 2.5 inch hose to be pulled from the rear of the vehicle, parallel to the length of the vehicle.

3. There will be two hose bed dividers in the main hose bed, to provide for the 2.5 inch pre-connect and for dividing the 3 inch hose.

4. The vehicle will have 2 cross lays with pre-connects for 1.75 inch hose, capable of holding 200 feet each.

5. The vehicle will have storage for 2 lengths of large diameter suction hose.

III. DISCHARGES AND PRE-CONNECTS

A. Water suction and discharge

1. All suction and discharge openings will have cover caps or plugs.

2. All fittings will be NST/NH thread.

3. The vehicle will have:

a. Two large diameter (6 inch) suction ports, one on each side of the vehicle.

b. Two 2.5 inch suction ports with valves, one on each side of the vehicle.

c. Two pre-connect discharges in the cross lay pre-connect hose bed for 1.5 inch hose.

d. Three - 2.5 inch discharges, one on each side of the vehicle and one at the right rear to supply the 2.5 inch pre-connect. Each of these will have a 45 degree elbow.

e. Top mount deluge with nozzle.

f. Hose reel capable of holding 200 feet of 1 inch semi rigid booster hose.

g. Each discharge shall be supplied with a 3/4” bleeder valve assembly. The bleeder valves shall allow water to be drained from the gauge pressure line to prevent freezing of the line and to drain water and relieve pressure from the discharge plumbing. The drains shall be controlled with valves on the pump operator panel

IV. GAUGES

A. Panel Gauge Readings

1. The pump module main and discharge gauges shall be English.

B. Water Level Gauge

1. An LED Water Tank Level Gauge shall be provided. The gauge shall be located on the pump operator panel.

C. Foam Level Gauge

1. An LED Foam Tank Level Gauge shall be provided. The gauge shall be located on the pump operator panel.

V. ELECTRICAL SYSTEMS

A. Vehicle Data Recorder and Occupant Seating Indicator

1. A vehicle data recorder system shall be provided to comply with NFPA 1901edition

2. Electrical equipment installed by the apparatus manufacturer shall conform to current automotive electrical system standard, the latest Federal DOT standards, and the requirements of the applicable NFPA Apparatus Standard.

B. Compartment Interior Lighting

1. There shall be lights provided to illuminate the body compartments in accordance with

NFPA.

2. All compartment lighting shall be wired to a master switch in the cab and each compartment’s lights shall be activated through the door ajar indicator switch.

3. Ground lights with clear lenses shall be provided to illuminate the ground area below the rear body and pump module area in accordance with NFPA requirements.

4. The ground lights shall be activated with the work lights switch in the cab once the park brake is set.

C. Work Light Package

1. Lighting shall be provided in work areas in compliance with NFPA.

2. Scene lighting shall be provided: two (2) at rear of body and one (1) telescoping at forward area of the hose bed that can be directed.

D. Pump Module Lighting Package - Side Mount

1. Pump panel lighting shall be provided for a side mount pump module in accordance with NFPA.

2. The lights shall be activated by the work light switch in the cab or on the panel when the park brake is set.

E. Emergency lighting, Siren and Speaker Package

1. An emergency lighting, siren and speaker package shall be provided in compliance with NFPA. Lights will be LED.

2. The speaker shall meet current NFPA 1901 requirements.

3. An air horn will be provided.

VI. Cab and Body Reflective Striping.

1. A straight reflective stripe, 10” minimum in width, shall be applied horizontally around the cab.

2. A reflective band will be placed on the interior of the cab doors per NFPA 1901.

3. The rear of the vehicle will have diagonal reflective striping per NFPA 1901 and body to comply with NFPA 1901.

VII. Compartments

1. The desire is to have full compartments on each side of the vehicle. This will necessitate an electric or hydraulic ladder rack that swings up/down.

2. Compartments will have shelf tracks to provide the opportunity to locate shelves at variable positions within the compartment. The engineers compartment will have an adjustable height pull out shelf above the floor of the compartment. Adjustable height shelves will be provided for 3 other compartments, to be designated, plus a generator shelf.

3. The vehicle will have a slide out shelf capable of holding a 3 kw generator, prewired with pigtail and wiring to energize the tower lights if the tower lights do not operate from the 12 V system. Electricity for power tools and fans will come from the generator outlets.

4. The compartments will have swing doors – we do NOT want rollup doors.

VIII. Pump

1. The vehicle will have a 1250 GPM single stage centrifugal pump with anodes installed to reduce corrosion.

A. Plumbing

1. Plumbing will be hot dipped galvanized or stainless steel.

B. Pump Certification

1. The pump, when dry, shall be capable of taking suction and discharging water in accordance with certification requirements. The pump shall be tested by an independent third-party testing service. The conditions of the pump test shall be as outlined by certification requirements.

2. A test plate, installed at the pump panel, shall provide the rated discharges and pressures together with the speed of the engine as determined by the certification test and the no-load governed speed of the engine.

3. A Certificate of Inspection certifying performance of the pump and all related components shall be provided at time of delivery. Additional certification documents shall include, but not be limited to: Certificate of Hydrostatic Test, Electrical System Performance Test, Manufacturer`s Record of Pumper Construction, and Certificate of Pump Performance from the pump manufacturer.

B. Test Plugs

1. Two (2) test plugs shall be pump panel-mounted for third party testing of vacuum and pressures of the pump.

IX. Water tank

1. The vehicle will have a 1000 gallon (nominal) water storage tank, made of “poly” and appropriately baffled.

X. Foam

1. The vehicle will have a foam proportioner and a foam tank of about 30 gallon capacity. The system will be set up to provide foam to the two cross lay pre-connects, the hose reel, and to one driver side 2.5 inch discharge.

XI. Options UMRFPD requests separate bids on the following options:

1. Automatic chains (On-Spot or equivalent)

2. Two (2) Ziamatic Folding wheel chocks, mounted, on the driver side.

3. In cab intercom headsets with interfact ot radio. Radio will be provided and installed by Upper McKenzie RFPD.

XII. SUPPORT, DELIVERY, INSPECTIONS AND MANUALS

A. Manuals - Operator, Service, Parts

1. Three (3) copies of all operator, service, and parts manuals shall be supplied at the time of delivery. Two of those copies may be in electronic format (flash drive, CD- ROM, or other acceptable media). The manuals shall include the following information:

2. Operating instructions, descriptions, specifications, and ratings of the cab, chassis, body, installed components, and auxiliary systems

3. Warnings and cautions pertaining to the operation and maintenance of the fire apparatus and fire fighting systems.

4. Charts, tables, checklists, and illustrations relating to lubrication, cleaning, troubleshooting, diagnostics, and inspections.

5. Instructions regarding the frequency and procedure for recommended maintenance.

6. Maintenance instructions for the repair and replacement of installed components.

7. Parts listing with descriptions and illustrations for identification.

8. Warranty descriptions and coverage.

9. The CD-ROM shall incorporate a navigation page with electronic links to the operator`s manual, service manual, parts manual, and warranty information, as well as instructions on how to use the manual. Each copy shall include a table of contents with links to the specified documents or illustrations.

10. The CD must be formatted in such a manner as to allow not only the printing of the entire manual, but also the cutting, pasting, or copying of individual documents to other electronic media, such as electronic mail, memos, and the like.

11. A find feature shall be included to allow for searches by text or by part number.

12. These electronic manuals shall be accessible from any computer operating system capable of supporting portable document format (PDF) or word processing format.

Permanent copies of all pertinent data shall be kept on file at both the local dealership and at the manufacturer`s location.

13. NOTE: Engine overhaul, engine parts, transmission overhaul, and transmission parts manuals are not required.

B. Training

1. The selected awardee will provide training on the operation of the engine and on the basic maintenance needs within 30 days of delivery. The date to be negotiated between parties.

Proposal Form

Proposing Company __________________________________________________

Name: _____________________________________________________________

Address: ___________________________________________________________

Telephone: _________________________________________________________

Fax: ______________________________________________________________

Email: _____________________________________________________________

Contact Name: ______________________________________________________

Cost of Proposal _______________________________________________.

I am/am not (cross out inapplicable choice) a resident proposer as defined in ORS 279.A120. If not a resident proposer, my residence state is ___________________.

Non-Discrimination: Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, a woman, or emerging small business enterprise certified under ORS 200.055.

Submitted by: ________________________________________________

(name) (title)

(signed) (date)

Upper McKenzie RFPD Commercial FIRE APPARATUS CONTRACT

Based upon the proposal submitted, the Upper McKenzie Rural Fire Protection Distrcit and (Vendor), hereby enter into a contract for the purchase of a fire apparatus in accordance with the specifications and proposals provided. The date of proposed delivery is the day of , . All terms of the following documents are hereby incorporated into this Contract, by reference, and Vendor agrees to comply with each:

(1) Request for Proposal

(2) Proposal Form

(3) Vendoras proposal

(4) Non-collusion Proposal Certification

(5) Proposer’s Certification

(6) Bid Specifications

(7) Information Supplied by Manufacturer Oregon Public Contracting Requirements. Vendor shall comply with all applicable Oregon Public Contracting requirements, as more particularly set forth in Exhibit B, attached hereto and incorporated herein by this reference.

Indemnification. Vendor agrees to defend and indemnify the Upper McKenzie Rural Fire Protection District for any suits, claims or damages incurred due to Upper McKenzie Rural Fire Protection District’s use of any patented process, device or article forming a part of the apparatus or any appliance furnished under this contract.

Arbitration. If any disputes, disagreements, or controversies arise between the parties pertaining to the interpretation, validity, or enforcement of this Agreement, the parties shall, upon the request of Upper McKenzie Rural Fire Protection District, submit such dispute to binding arbitration. Arbitration shall be requested by delivering to the other party a written request for arbitration. Within five (5) days of receipt of such request, the parties shall select a mutually agreeable arbitrator and designate mutually agreeable rules of arbitration. If the parties cannot agree upon an arbitrator within five (5) days, an arbitrator may be appointed by the presiding judge of the Lane County Circuit Court, upon the request of either party submitted in accordance with ORS 36.310. If the parties have not designated mutually agreeable rules of arbitration at such time as the arbitrator is appointed, the arbitrator shall adopt rules for the arbitration. The arbitrator’s decision shall be binding upon the parties.

Litigation Expenses. In any litigation or arbitration between the parties arising from or in any way pertaining to the interpretation or enforcement of this Contract, including any action for rescission of this Contract, the prevailing party shall be entitled to recover, as a part of any arbitration award or judgment, that party's costs and reasonable attorney's fees incurred in connection with such proceeding, at hearing or trial and on appeal.

Applicable Law. This Contract shall be construed in accordance with Oregon law.

Consent to Jurisdiction. The parties hereby consent to jurisdiction of the Lane County Circuit Court, Lane County, Oregon, over all legal matters pertaining to this Contract including, but not limited to, its enforcement or interpretation.

Assignment. No assignment, delegation or subcontracting of any right, obligation or duty under this contract is allowed without the prior written consent of the other party.

Entire Agreement. This Contract constitutes the entire agreement of the parties. No modification of this Contract shall be binding unless reduced to writing and signed by both parties.

Severability. If any part, term or clause of this contract is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining provisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and in force as if the contract did not contain the particular part, term or clause held to be unenforceable.

Read and Understood. Each party indicates that it has completely read all such documents and agrees that they are to be incorporated herein and to be followed by all parties. Payment is to be made upon receipt and acceptance of a fire apparatus that complies with all specifications, unless otherwise specifically detailing in contract documents.

DATED this day of , _______.

By:___________________________________

VENDOR:

Title:____________________________

By:_____________________________

Board of Directors Title:____________________________

NONCOLLUSION AFFIDAVIT

STATE OF OREGON ) Upper McKenzie Rural Fire Protection District

) ss.

County of Lane ) Fire Apparatus

I state that I am ______________________ of _______________________ and that I am authorized to sign this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this proposal.

I state that:

(1) The price(s) and amount of this proposal have been arrived at independently and without consultation, communication or agreement with any other Vendor, proposer or potential proposer, except as disclosed.

(2) Neither the price(s) nor the amount of this proposal, and neither the approximate price(s) nor approximate amount of this proposal, have been discussed with any other Vendor, proposer or potential bidder, except as disclosed.

(3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this proposal, or to submit any intentionally high or non-competitive proposal or other form of complementary proposal.

(4) The proposal of my Firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive proposal.

(5) , its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described.

I state that understands and acknowledges that the above representations are material and important, and will be relied on by the Upper McKenzie Rural Fire Protection District in awarding the contract(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Upper McKenzie Rural Fire Protection District of the true facts relating to the submission of proposals for this contract.

Name of Company:____________________

Position:____________________________

SIGNED AND SWORN to before me this day of , .

Notary Public

PROPOSER'S CERTIFICATION REGARDING STATUS

The _____________________________ (Firm) hereby certifies that it is not included on the Commissioner of Bureau of Labor & Industries, State of Oregon, list of persons or firms currently debarred for violations of various public contracts and contracting laws.

The Firm has been in business for ________ years. The primary location of the factory where the apparatus is to be manufactured is:

The manufacturer has been building fire apparatus for years. The following are recently delivered and similarly designed apparatus sold in the northwest:

1.

2.

3.

4.

5.

The local repair facility for warranty work is:______________________________________________________________________

By:__________________________________

Title:_________________________________

Date:_________________________________

ORS CHAPTERS 279B AND 279C REQUIREMENTS

FOR THE PURCHASE OF GOODS

(1) Vendor shall pay promptly, as due, all persons supplying labor or materials for the prosecution of the work provided for in the contract, and shall be responsible for such payment of all persons supplying such labor or material to any Sub-Vendor.

(2) Vendor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Vendor or Sub-Vendor incurred in the performance of the contract.

(3) Vendor shall not permit any lien or claim to be filed or prosecuted against the Upper McKenzie Rural Fire Protection District on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.

(4) Vendor and any Sub-Vendor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.617.

(5) Vendor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to employees of such Vendor, of all sums which the Vendor agrees to pay for such services and all monies and sums which the Vendor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.

(6) The Vendor must give notice to employees who work on this contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work.

(7) All subject employers working under the Vendor either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.

(8) All sums due the State Unemployment Compensation Fund from the Vendor or any Sub-Vendor in connection with the performance of the contract shall be promptly so paid.

(9) The contract may be canceled at the election of Upper McKenzie Rural Fire Protection District for any willful failure on the part of Vendor to faithfully perform the contract according to its terms.

(10) Vendor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385.

(11) Vendor certifies that it has not discriminated against minorities, women or emerging small business enterprises in obtaining any required sub -Vendors.