UI_Supp_5.docx

Department of General Services Procurement Division 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION

Contract (Mandatory) 1-22-23-21C Contract User Instructions, *Supplement 5*

Page 12 *2/5/2025* State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks, *, and deletions are enclosed in brackets, [].

MANDATORY

*Supplement 5* *(Incorporates Supplement 1-5)*

The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 11/19/2021) Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION

Mailing Address:

4600 S Apple Street Boise, ID 83716 Fax/Email:

Fax: (208) 376-6385 Email: mstocker@bmefire.com Contact Information:

BME Fire Trucks LLC Matt Stocker Phone: (208) 338-1444 Email: mstocker@bmefire.com

All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES

· Attachment A, Contract Pricing: updated to reflect a price increase*

· Contract has been extended to 7/19/2026* *2/5/2025*

· Cover page and Article 31 updated with new contract administrator 10/23/2024

· Article 37: updated language and included list of vetted forms and certifications 07/31/2024

· Cover page, Article 31: State Contract Administrator updated 1/25/2024

· Cover page, Article 31: State Contract Administrator updated

· Article 7, 38: specification versions updated and attachments added

· Attachment A, Contract Pricing: updated to reflect a price increase due to finalization of AS BUILT specifications; applies to all purchase orders starting 7/20/2022.

· Attachment B – Specification 4210-5617: updated to AS BUILT version

· Attachment F – Specification 4210-5617DWR: updated to AS BUILT version 8/18/2023

07/20/2022

All other terms and conditions remain the same.

TABLE OF CONTENTS

SCOPE

The State’s contract with BME Fire Trucks LLC (Contractor) provides Emergency Crew Transport (ECT) Vehicles at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-21C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of ECT vehicles to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

CONTRACT USAGE/RULES

State Departments

· The use of this contract is mandatory for the California Department of Forestry and Fire Protection (CAL FIRE). Use for all other State of California departments is optional, and dependent on whether the Contractor accepts the purchase order.

· State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.

· Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at pams@dgs.ca.gov.

· State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

Local Governmental Agencies

· Local governmental agency use of this contract is optional and dependent on whether the Contractor accepts the purchase order.

· Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

· Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.

· A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES

1. State Departments The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

Local Governmental Agencies For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to 1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION

There is no SB/DVBE off ramp associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE

Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS

All products offered are listed on Attachment A – Contract Pricing.

SPECIFICATIONS

All products listed on Attachment A, Contract Pricing, conform to:

· Attachment B – Specification 4210-5617 AS-BUILT, dated 4/5/2023

· Attachment AP-00-016568 COMPARTMENT

· Attachment AP-00-016568 DL HOOPS EXT

· Attachment AP-00-016568 ECT

· Attachment AP-00-017203 LADDER

· Attachment CP-00-042177 LADDER

· Attachment 810-5156 WATER TANK

· Attachment C – Specification 4210-5617EQ, dated 7/18/2022

· Attachment D – Specification Number 4210-5617LTR, dated 7/18/2022

· Attachment E – Specification 4210-5617LGT, dated 7/18/2022

· Attachment F – Specification 4210-5617DWR AS-BUILT, dated 4/17/2023

· Attachment G – Specification 4210-5617OPT, dated 7/18/2022

CUSTOMER SERVICE

The Contractor will have a customer service unit that is dedicated to this contract. The customer service unit provides office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

PRODUCT SUBSTITUTIONS

Product substitution shall be in accordance with the General Provisions (rev 11/19/21), Article 16 entitled “Substitutions”.

PROMOTIONAL PRICING

The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines, effective on the date of manufacturer’s public announcement.

PURCHASE EXECUTION

1. State Departments Std. 65 Purchase Documents State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:

· Agency Order Number (Purchase Order Number)

· Ordering Agency Name

· Agency Billing Code

· Purchasing Authority Number

· Leveraged Procurement Number (Contract Number)

· Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)

· Line Item number

· Quantity

· Unit of Measure

· Commodity Code Number

· Product Description

· Unit Price

· Extension Price

FI$CAL Purchase Documents State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.

Blanket Orders The use of blanket purchase orders against this statewide contract is not allowed.

Local Governmental Agencies Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER

The minimum order shall be one (1) ECT.

ORDERING PROCEDURE

Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:

· Email

· Facsimile

· U.S. Mail The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION

BME Fire Trucks LLC 4600 S Apple Street Boise, ID 83716 Facsimile:

(208) 376-6385 Email:

mstocker@bmefire.com

When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

Non-Cal Fire state and local agencies must contact the Contractor prior to submitting a purchase order for confirmation of whether or not the Contractor has the production capacity to accept the purchase order and, if applicable, the anticipated delivery date.

ORDER ACCEPTANCE

The Contractor shall accept orders from CAL FIRE. The Contractor shall not accept purchase documents for this contract that:

· Are incomplete

· Contain non-contract items

· Contain non-contract terms and conditions The Contractor must not refuse to accept orders from CAL FIRE for any other reason without written authorization from the State Contract Administrator.

Contractor may, but is not required to, accept purchase orders from non-CAL FIRE state or local agencies if production capacity allows in accordance with Section 16.B, Schedule.

ORDER RECEIPT CONFIRMATION

The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:

· Ordering agency name

· Agency order number (purchase order number)

· Purchase order total cost

· Anticipated delivery date

DELIVERY SCHEDULES

Delivery for orders placed against this contract shall be in accordance with the following:

1. Locations Deliveries are to be made (statewide) to the location specified on the individual purchase order.

Schedule

CAL FIRE

The first ECT vehicle (prototype for CAL FIRE) shall be completed within 270 calendar days after conclusion of the preconstruction conference and receipt of written approval of any changes from the preconstruction conference. After prototype acceptance, the Contractor shall be allowed a maximum of sixty (60) calendar days to deliver any remaining units at a rate of three (3) per month until completion of the Purchase Order.

For all Purchase Orders after Initial Purchase Order, Contractor is required to deliver the first unit within 270 calendar days after receipt of a Purchase Order from CAL FIRE. After the first unit acceptance, the Contractor shall be allowed a maximum of thirty (30) calendar days to deliver any remaining units at a rate of three (3) per month until completion of the Purchase Order.

Should the 270 day delivery deadline fall on a weekend or holiday, the delivery shall be made no later than the next business day.

Non-CAL FIRE Ordering Agencies Contractor will accept purchase orders from non-CAL FIRE ordering agencies when production capacity allows. If Contractor has available production capacity and does accept orders from non-CAL FIRE state or local agencies, delivery and inspection shall be negotiated between Contractor and ordering agency. Contractor is not required to accept purchase orders from non-CAL FIRE agencies if production capacity does not allow.

Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

Security Requirements Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

LIQUIDATED DAMAGES

The State shall incur actual damages should the Contractor fail to perform the work as required by the dates specified in Section 16.B, Schedule. The parties have agreed to late delivery charges, in the amount of $100.00 per unit per calendar day, including holidays. Exceptions to liquidated damages may include delays due to force majeure.

The Contractor will pay the State of California the amount stated above, per calendar day the work remains uncompleted or unaccepted by the State. The total late delivery charges assessed against the Contractor shall in no event exceed 25 percent of the total value of the entire purchase order. In the event such damages are not paid, the State may deduct the amount thereof from any monies due or that may become due to the Contractor.

FREE ON BOARD (F.O.B.) DESTINATION

All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SAFETY DATA SHEET

The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

QUALITY ASSURANCE PLAN

The Contractor shall prepare and submit a written Quality Assurance Plan (QAP) check list for each ECT vehicle under construction, as detailed below. This check list, by serial and job number, shall record the satisfactory completion of each of the operationally tested items or tasks during the construction phase. The written QAP shall include all steps, checkpoints, forms and other documentation included in the Contractor’s “Quality Control Program”. The QAP must be submitted to the CAL FIRE representatives during the preconstruction conference.

This check list shall be made available for the ordering agency representative to review during construction of any vehicle and a completed copy, signed off by the project manager, shall be submitted to the ordering agency representative prior to the delivery of each unit. The Contractor shall make the final inspection and operation test of each completed vehicle, checking all service (lube, oil, air, water) requirements and servicing as necessary with OEM recommended lubricants, prior to notifying the ordering agency representative that a unit has been completed and is operationally ready. These certification tests shall consist of, but not be limited to, the inspection of all fabrication, construction and assemblies for details and completeness and proper operation of all accessories.

FINAL MANUFACTURER’S I.D. LABEL

A final stage manufacturer’s identification label shall be attached into each completed ECT cab on the driver’s side of the ECT. The label shall be in compliance with the Federal Code of Regulations, Title 49, Part 567 section 567.4 and 567.5 as applicable.

It is the responsibility of the final stage manufacturer to certify that each completed ECT meets all applicable safety standards of the National Highway Traffic Safety Administration and the California Bureau of Motor Carrier Safety as applicable. The final completed vehicle certification label is the responsibility of the final stage manufacturer.

INSPECTION

Inspections (Prototype only) The State representatives shall conduct inspection trips as described below. It shall be the Contractor’s responsibility to notify State representative thirty (30) working days in advance for scheduling of any inspections and/or prior to shipping of the completed vehicle. The scheduling of the required factory inspection trips will be discussed during the preconstruction conference. The cost of the inspection trips shall be covered by the Contractor and shall be provided at no cost to the State, as stated in section 23, Travel Expenses.

1. Midway Construction Inspection – Phase #1 Up to four (4) State representatives shall travel to the Contractor’s fabrication facility for the quality assurance progress inspection including plumbing and body build-up construction of CAL FIRE prototype.

2. Pre-delivery Inspection – Phase #2 After completion of the Prototype, the Contractor shall contact the State’s representative to schedule a Pre-delivery Inspection of the vehicle at the Contractor’s manufacturing facility. Up to four (4) State representatives shall travel to the Contractor’s fabrication facility for the pre-delivery inspection/tilt table testing for CAL FIRE prototype. Tilt Table Procedure for Measuring the Static Rollover Threshold for Heavy Trucks (SAE J2180) per NFPA 1906, Section 4.9.1 Vehicle Stability shall be required. The vehicle shall be able to be tilted to 27 degrees before lifting a front or rear tire.

The Pre-delivery Inspection is not the Acceptance Inspection. All items noted during the Pre-delivery Inspection shall be repaired, refinished, or replaced prior to the actual delivery. If items listed on the inspection list have not been repaired/replaced prior to delivery to the CAL FIRE facility, it shall be the State’s right to reject the vehicle at the time of delivery until all repairs have been successfully completed to the satisfaction of State. The State will try to identify everything possible in the Pre-delivery Inspection but does not guarantee that new items will not be found at the Final Acceptance Inspection.

3. Optional Inspection Trips Up to four (4) State representatives shall travel to the Contractor’s fabrication facility for two (2) randomly selected inspections to ensure contract compliance.

4. Repeat Inspection If an additional inspection is required by the Contractor or necessary because of Contractor scheduling, inspection rejections, or other Contractor related cases, such repeat inspection trip shall be at the expense of the Contractor at the rate as follows: $50.00 per hour (includes travel time) including all travel and transportation expenses in accordance with section 23, Travel Expenses. The hourly rate shall be for a minimum eight (8) hour day if overnight travel is required. All expense claims shall be calculated at actual costs incurred, with receipts furnished to the Contractor along with a reimbursement request/claim. The State department representative hourly inspection rate shall be deducted from the invoice for the prototype vehicle that requires a repeat inspection. A maximum of one (1) repeat inspection may be conducted.

If additional inspection trips are desired by the CAL FIRE representative, those trips will be at no cost to the Contractor.

Inspections After Completion of Prototype

1. CAL FIRE Inspections For all units after the prototype, every fourth unit produced will be held and inspected at the Contractor’s facility prior to final delivery. All travel expenses will be covered by the Contractor for a maximum of two (2) ordering agency representatives, as stated in section 23, Travel Expenses.

Any items that needed repair during inspection will be repaired satisfactorily at the Contractor’s facility prior to delivery.

2. All Ordering Agencies For all units after completion of the Prototype, ordering agencies may request an inspection at the Contractor’s facility. All travel costs for inspections shall be negotiated by the Contractor and the ordering agency.

TRAVEL EXPENSES

All travel and transportation expenses for the State representatives for the required preconstruction conference and all inspection trips, including out of state travel, shall be arranged and pre-paid by the Contractor. The travel and transportation expenses shall be arranged from Sacramento, CA to the Contractor’s manufacturing facility and return. Transportation expenses consist of the charges for commercial carrier fares, lodging, meals, rental vehicles including fuel, private or State vehicle mileage per mile, overnight and day parking for State or privately owned vehicles, bridge or road tolls, taxi/ride share/street car fares, and all other charges essential for transportation.

When air travel is used, the State department representative personnel shall use Sacramento International Airport. Claims for transportation by the scheduled airlines shall be allowed at the lowest fare available in conformity with the regular published tariffs for scheduled airlines in effect on the date the flight originated.

Travel expenses shall be allowed in accordance with current CalHR travel expense and per diem rates that can be found at: http://www.calhr.ca.gov/pages/search.aspx?k=travel%20rates#k=travel%20and%20per%20diem%20rates.

FINAL ACCEPTANCE

The delivery location for CAL FIRE is as follows: CAL FIRE Mobile Equipment Facility, 5950 Chiles Road, Davis, CA 95618. Other ordering agencies’ locations will vary. The completed vehicle as presented to the ordering agency representative for the “final” acceptance shall be cleaned, internally and externally (freshly washed and chamois), and delivered full of fuel. The final acceptance and operational check shall be accomplished within thirty (30) calendar days by the ordering agency representative after delivery.

This inspection shall include: Specification compliance, workmanship, appearance, proper operation of all components and systems, re-inspection of items/repairs noted during the pre-delivery inspection, and that all documents and manuals are present. In the event that deficiencies were not corrected and/or additional deficiencies are detected, the vehicle shall be rejected and the Contractor shall be required to make the necessary repairs, adjustments or replacements within fifteen (15) calendar days. Upon completion of any repairs, replacements or adjustments and the return of the vehicle to the ordering agency designated facility, re-inspection and acceptance will be completed within five (5) working days.

If the Contractor receives written notice that the vehicle is not acceptable, the vehicle shipped to the purchase order destination shall be removed within seven (7) calendar days. If the Contractor fails to remove said vehicle from the ordering agency’s facilities within the specified period, the ordering agency may forward said vehicle to the Contractor’s repair center by common carrier at the Contractor’s expense and risk.

Payment and/or commencement of a discount period (if applicable) shall not be made until all defects are corrected and the vehicle is accepted. The Contractor shall be responsible for any and all costs associated with returning a rejected vehicle to their designated repair center and return to the ordering agency.

Completion of the final acceptance and operational check by the ordering agency department representative shall in no way release the Contractor from satisfying the requirements of the contract, specifications, or warranty.

Additional inspections may be required if quality or production issues arise. All travel expenses will be covered by the Contractor for a maximum of two (2) ordering agency representatives, as stated in section 23, Travel Expenses.

IN-SERVICE NOTIFICATION

Vehicles delivered to the State facility might not be placed into service immediately upon final acceptance. The “In-Service” date shall be no longer than ninety (90) days after final acceptance. The State representative shall notify the Contractor in writing of the actual in-service date and mileage.

WEIGHT CERTIFICATE

Upon the delivery of each ECT the Contractor must provide a certified weight certificate showing the total “Tare” weight for each ECT that is delivered. Weight documents from a certified scale shall also show actual loading on the front axle, rear axle, and overall vehicle (when applicable with water tank full but without personnel, equipment and hose).

VEHICLE REGISTRATION

Registration for each completed ECT vehicle with California Department of Motor Vehicles (DMV) shall be completed by the ordering agency. At the time of delivery for each completed ECT vehicle, the Contractor shall provide the following:

· Bill of Sale/Application for Registration.

· Invoice for Unit built.

· Manufacturer’s Certificate of Origin (MCO) or Manufacturer’s Statement of Origin (MSO)

· Certified Weight Certificate for each group (Tare Weight), see section 26, Weight Certificate.

· Emission Control Certification (if such separate Certification is required by DMV).

VEHICLE MANUALS

· Initial Manual Upon delivery of the first completed ECT vehicle, the Contractor shall furnish one (1) electronic master version of “as built” electrical and plumbing schematics, complete component and parts lists, serial numbers, line setting tickets (or equal), maintenance requirements, etc. A separate schematic of the chassis OEM wiring shall be included. This information shall be furnished to CAL FIRE in a print ready PDF to match the CAL FIRE 6804 “Green Book” Manual on a USB drive. CAL FIRE must be able to add information or “write” to the drive. CAL FIRE shall furnish the Contractor with a sample for proper layout and formatting of the manual during the preconstruction conference. Upon CAL FIRE representative acceptance of the Contractor’s supplied information and format, the CAL FIRE representative shall approve the printing of the pamphlet.

· After Initial Delivery In addition, with each ECT vehicle delivery, the Contractor shall supply two (2) each ECT vehicle “Green Book” manuals for their respective completed ECT vehicle. The manuals shall be 8 ½” X 11” binders and shall consist of copies of all service and operator manuals including all information required in the CAL FIRE 6804. Each binder shall include an USB drive containing the complete binder. One (1) binder shall be labeled “DO NOT REMOVE FROM ECT” and enclosed in a “zippered” case; the other shall be labeled “Shop Copy”.

WARRANTY

Below is a description of required warranty items.

(Whichever occurs first)

Speaker- 2 Years

1. General Warranty

· The Contractor shall warrant each new vehicle manufactured or assembled to be free from any structural defects in material and workmanship for a minimum period of ten (10) years from the date that the vehicle is placed in service by the State.

· For specified items or components from other manufacturers whose warranties have different time limitations, the component manufacturer warranty will be the warranty enforced. In the event the component manufacturer is unable to fulfill its warranty obligations, the Contractor shall assume the warranty obligations for the component’s original warranty timeframe.

· The warranty period for each vehicle, including components from other manufacturers that carry different time limitations, shall start with the in-service date of the vehicle, not the date of the component manufacture and shall be the responsibility of the Contractor until those warranty periods expire.

· Exclusions from the warranty shall include parts or components becoming defective as a result of misuse, negligence, accident, failure to provide routine maintenance, or normal wear and tear items. Warranty certificates and/or cards shall be supplied for each individual vehicle. CAL FIRE’s preventive maintenance program shall be considered sufficient to meet all warranty requirements.

· Warranty issues during the ten (10) year general warranty or component warranty periods shall be at the Contractor’s expense. The Contractor shall repair or replace any defective part or materials at no cost to the ordering agency during these time frames. The Contractor may dispatch a traveling mechanic to perform minor warranty repairs. The use of a traveling mechanic in the performance of minor repairs does not relieve the Contractor from the provision of the five (5) required parts and repair facilities noted in section 30, Service and Parts. Traveling mechanics are to be used to minimize out of service time only, not substitute as a parts and repair facility.

· If it is necessary for an ordering agency representative to deliver the vehicle to the Contractor’s authorized Northern or Southern California repair facility, the Contractor must notify ordering agency representative within twenty-four (24) hours after the vehicle is delivered with an estimate of repair down time. The Contractor shall be responsible for any and all OEM-installed chassis components that fail prematurely or are damaged from improper installation or construction by the vehicle manufacturer.

· CAL FIRE owned vehicles shall be maintained and serviced by a State journey level repair technician in accordance with manufacturer’s guidelines. Repair technicians performing routine service and emergency repairs during the Contractor’s or subcontractor’s warranty period shall not void any warranties.

2. CAL FIRE In-Shop Warranty Repairs After delivery and during the ten (10) year warranty period, if the Contractor is unable to provide warranty repairs in a timely manner, supply parts, or requests to have CAL FIRE perform in-shop warranty repairs, the Contractor agrees to reimburse CAL FIRE for any and all labor costs and replacement parts charges associated with any authorized CAL FIRE In-Shop Warranty Repair.

Upon Contractor notice and in an effort to keep vehicle down time to a minimum, during emergency conditions and due to the remote location of various CAL FIRE facilities

(e. g. “Fire Season”), CAL FIRE reserves the right (after notifying the Contractor) to proceed with any emergency repair of Contractor responsibility. Contractor pre-approval shall be obtained by CAL FIRE prior to any work being done that exceeds three (3) hours. CAL FIRE’s preventive maintenance program shall be considered sufficient to meet all warranty requirements.

3. CAL FIRE In-Shop Warranty Agreement When equipment is purchased for/by CAL FIRE, the Contractor shall enter into an In-Shop Warranty Agreement. The terms of the In-Shop Warranty Agreement for this equipment are as follows:

· Labor rate charged by CAL FIRE will be $130.00 per hour

· Warranty claims will be processed on a CAL FIRE Work Order unless the Contractor furnishes their standard warranty form.

· Contractor’s flat rate time schedules shall be used as a guide for In-Shop Warranty repair time. If a Contractor’s flat rate time schedule is not available, CAL FIRE will use the time that is recorded on CAL FIRE work order.

· Replacement parts ordered from the Contractor will be available within five (5) working days from the date of notification, whether the order is made by telephone or in writing.

· Replaced parts will be held sixty (60) days for inspection by the Contractor.

· OEM’s parts will be used as replacement parts or, if OEM parts are not available, after-market parts of equal or better quality will be utilized.

· Copies of invoices for all parts will be provided to the Contractor.

CAL FIRE will contact the Contractor for authorization to perform In-Shop Warranty repairs as stated in this agreement. Only under extreme emergency conditions will In-Shop Warranty be performed without prior authorization. If CAL FIRE decides that the State will not perform the warranty work, the Contractor shall pick up the unit within forty-eight (48) hours of notification, written or verbal.

The In-Shop Warranty Agreement shall remain in effect until all conditions of the warranties in this State of California specification and in the OEM’s warranty expire.

4. Air Conditioning Warranty The air conditioning system shall be provided with a four (4) year unlimited mileage warranty that covers all components, including but not limited to workmanship, chaffed or broken electrical harnesses, hoses, and loss of refrigerant.

5. Cab and Chassis Warranty The commercial OEM cab and chassis manufacturer's published warranty shall be for a minimum period of twelve (12) months or 12,000 miles, whichever occurs first. The warranty period will commence when each completed vehicle is placed in field service by the ordering agency.

Additional OEM warranty periods that reflect the cab and chassis as being used in the Fire Service must be applied.

Prior to final acceptance by the State, the vehicle manufacturer shall be responsible for any OEM cab and chassis required service work, warranty repairs, or break downs while in-route to the designated final FOB delivery point.

After ordering agency’s final acceptance of the completed unit from the vehicle manufacturer, it shall be the ordering agency’s responsibility to facilitate any cab and chassis warranty repairs with the Contractor.

6. Potable Drinking Water Container The potable water tank shall have a lifetime warranty. All potable water tanks installed shall be warranted against improper installation and modification for a lifetime period. It will be the responsibility of the Contractor to remove, replace/repair, and install as necessary.

The warranty for section 29.1, General Warranty shall apply to this section but shall have a lifetime warranty period.

7. Vehicle Wiring Warranty All electrical wiring installed or manufactured by the final stage manufacturer shall be warranted against improper construction, installation, to be free of pinched, chaffed, or broken wires and any unforeseen damage caused to the OEM chassis electrical system for a period of ten (10) years.

8. Emergency Lighting Warranty A five (5) year manufacturer’s warranty on the LED emergency warning lights shall be provided.

9. Audible Warning Control Warranty A five (5) year manufacturer’s warranty on the siren control and a two (2) year manufacturer’s warranty on the speaker shall be provided.

10. Paint Finish Warranty The finish paint on the unit will be provided with a five (5) year paint finish guarantee for the following items: peeling, bubbling, or delaminating of the topcoat or other layers of paint, cracking or checking, loss of gloss caused by defective materials or improper application.

SERVICE AND PARTS

During the ten (10) year warranty period, an adequate stock of repair parts must be readily available. Replacement parts shall be made available to ordering agency representative within a seventy-two (72) hour time limit from the date of the order, whether the order is made by telephone or in writing. Freight or transportation costs for parts are the responsibility of the Contractor and the use of overnight delivery is required when a unit is out of service due to needed parts.

The Contractor shall be the main point of contact for all warranty issues and shall facilitate any necessary contact between the ordering agency and the OEM/manufacturer. If an ordering agency’s vehicle needs repair, the ordering agency representative will contact the following:

CONTRACT ADMINISTRATION

Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Attn: Robb Parkison 707 Third Street, 2nd Floor, MS 201 West Sacramento, CA 95605 BME Fire Trucks LLC Attn: Matt Stocker 4600 S Apple Street Boise, ID 83716

INVOICING

Ordering agencies may require separate invoicing, as specified by each ordering agency. Invoices will contain the following information:

· Contractor’s name, address and telephone number

· Leveraged Procurement Agreement Number (Contract Number)

· Agency order number (purchase order number)

· Item and commodity code number

· Quantity purchased

· Contract price and extension

· State sales and/or use tax

· Prompt payment discounts/cash discounts, if applicable

· Totals for each order

PAYMENT

1. Terms Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

CAL-Card Use Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

State Financial Marketplace State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

Payee Data Record Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed.

CALIFORNIA SELLER’S PERMIT

The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov. State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

RECYCLED CONTENT

State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form for the Contractor is attached (Attachment H).

SB/DVBE PARTICIPATION

There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATIONS

DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

· GenAI Disclosure & Factsheet (STD 1000)

· Bidder Declaration Form (GSPD 05-105)

· DVBE Declaration Form (DGS-PD 843)

· Darfur Contracting Act Form

· California Civil Rights Certification Form

· Iran Contracting Act Certification

· Russian Sanctions Agreement

· Federal Debarment

State departments should make a notation of this within their procurement file.

ATTACHMENTS

*Attachment A – Contract Pricing, Supplement 5* Attachment B – Specification 4210-5617, AS-BUILT, dated 4/5/2023, Supplement 1

· Attachment AP-00-016568 COMPARTMENT

· Attachment AP-00-016568 DL HOOPS EXT

· Attachment AP-00-016568 ECT

· Attachment AP-00-017203 LADDER

· Attachment CP-00-042177 LADDER

· Attachment 810-5156 WATER TANK Attachment C – Specification 4210-5617EQ, dated 7/18/2022 Attachment D – Specification 4210-5617LTR, dated 7/18/2022 Attachment E – Specification 4210-5617LGT, dated 7/18/2022 Attachment F – Specification 4210-5617DWR, AS-BUILT, dated 4/17/2023, Supplement 1 Attachment G – Specification 4210-5617OPT, dated 7/18/2022 Attachment H – Postconsumer Content Certification Workbook image1.jpeg