HomeMy WebLinkAbout2021-3068Contract # 2021-3068
Joseph Kloiber
From:
Sent:
To:
Subject:
From: Joseph Kloiber
Charlie Thompson
Monday, January 25, 2021 7:17 AM
Joseph Kloiber
RE: Fire Truck Purchase
Sent: Friday, January 22, 2021 4:12 PM
To: Charlie Thompson
Subject: Fire Truck Purchase
Importance: High
Charlie:
In order to pay MacQueen by the due date of 1/27/21 (15 days from the 1112120 invoice and purchase agreement date)
we will need pay by wire transfer. That's OK, since we wouldn't want to send a check that large in the mail anyway. We
have the wire instructions.
There are some steps I'd like to take to clarify the documentation for this transaction:
1) My understanding is that HGAC has a particular control procedure that ensures that the price MacQueen has
invoiced us is the price bid or negotiated under the master contract with HGAC. Can you please remind me
what that procedure is? If you don't recall, I can check with HGAC. If that procedure has an applicable
document we can add a copy of to our file, I would like to do that. (I believe you are correct here and I will reach
out to MacQueen for the details),If you note on top of the contract is does name HGAC next to the MacQueen
name. ConjaIRm 'P2on 4
I seem to recall that on a previous HGAC transaction, the vendor is supposed to request from HGAC what is
basically a purchase order or some similar type of authorization from HGAC that verifies the correct price under
the master contract. I may have the specifics conflated with something else, but that is the general gist of what
I'm trying to ask for here.
2) When this transaction was approved by the City Council at the 1/11/21 meeting, the actual motion and
resolution they passed were only worded to approve entering into the HGAC master contract. The language in
the motion and resolution did not expressly say anything about awarding the purchase to MacQueen. I see
two options for addressing this without going back to the Council again:
a. If MacQueen is the only vendor that can supply the City this vehicle under the HGAC master contract; or
(MacQueen is the only authorized vendor for Pierce in Minnesota, Wisconsin, North and uth Dakota)
You can't purchase this specific product even thru the HGAC thru any other vendor.
b. If the Council understood that the only reason they passed the resolution to enter into the HGAC master
contract, was to award the purchase to MacQueen. This seems reasonable, since the MacQueen
purchase agreement was attached to and referred to in the council letter explaining the resolution. (The
Council also understood this as I gave them a copy at the work session and also included the contract in
the Council packet when this went to them fqr approval). I explained the process specifically with them
so there would be no confusion.
Please let me know whether a or b or(both apply in this case.G'z�
3) Since there is such a long prepayment period for this purchase agreement, and since it even has a performance
bond included as part of the agreement, I'm going to give a copy of the purchase agreement to the City Clerk to
keep in the City Contracts file, and then just reference that internal contract number on the payment voucher
instead of attaching the purchase agreement to the payment voucher. This will make it a little more practical to
add to our copy of the MarQue-en Purchase Agreement the relevant portions of theKJUGAC master contras that I
_
will download from t GAC website.
Joe
Joseph Kloiber CPA ( Finance Director
City of Columbia Heights I Finance Department
100}: 59040`h Avenue NE I Columbia Heights, MN 55421
ikloiber@columbiaheightsmn.gov Direct: (763) 706-3627
100 Years of Columbia Heights Main: (763) 706-3600
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AGENDA SECTION CONSENT
MEETING DATE JANUARY 11,2021
CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER
ITEM:
Approve Contract with Houston -Galveston Area Council
DEPARTMENT: Fire
CITY MANAGER'S APPROVAL:
BY/DATE: Charlie Thompson January 11, 2021
BY/DATE: 1/8/21
CITY STRATEGY: 41; Safe Community
Additional Strategy? #7: Strong Infastructure/Public Services
SHORT TERM GOAL (IF APPLICABLE):
Additional Goal?
BACKGROUND: During the 2021 budget proposal in October of 2020, the Fire Chief proposed the purchase of
a new fire truck. The new truck will not replace any existing trucks but will be an addition to the fleet. The
current engine #2 will be placed in reserved status giving the fire department the additional resources it
requires during fire related events. The new truck will also assist in increasing the points given during an ISO
audit. In the proposal, the fire chief detailed the different types of trucks available and explained to the
Council and City Manager why he strongly recommended selecting a custom truck over the conventional style
trucks the departments has purchased in past years.
During the January 4, 2021 Council work session, the Fire Chief presented a detailed description of the new
truck which the fire department's truck committee has been designing for the past 12 months. The Chief again
detailed the difference between a custom fire truck and a conventional fire truck for the City Council. The Fire
Chief also discussed the Huston -Galveston Area Purchasing consortium the City has used in the past and made
the recommendation that we purchase this truck using the Huston -Galveston Area Purchasing Consortium. A
copy of the contract along with information about HGAC is included. The City attorney has reviewed the
contract.
RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2021-06, there being ample copies
available to the public.
Move to adopt Resolution 2021-06 Authorizing the City Manager to enter into a cooperative purchasing
contract with Houston -Galveston Area Council.
RESOLUTION NO. 2021-06
BEING A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE
HOUSTON-GALVESTON AREA COUNCIL
WHEREAS, The Houston -Galveston Area Council (H-GAC) is a regional planning commission and political
subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental
functions and services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which
it contracts with eligible entities under the Act; and
WHEREAS, the City of Columbia Heights has represented that it is an eligible entity under the Act and it desires
to contract with H-GAC on the terms set forth in the contract;
NOW, THEREFORE, BE IT RESOLVED, The City Manager is hereby authorized and directed to enter into a
cooperative purchasing program contract with the Houston -Galveston Area Council.
Passed this 11th day of January 2021.
Offered by: Murzyn, Jr.
Seconded by: Jacobs
Roll Call: All Ayes
m da Marquez Sim a, t&yor
Attest
2�z���
Nicole Tingley, City ler Council Secretary
INTEGRETITV • PRIDE • HONOR I EXCELLENCE • DUTY
COLUMBIA HEIGHTS
VI FIRE DEPARTMENT
825 41" Avenue NE , Columbia Heights, MN 55421 • 763-706-8150 fire@columbaiheightsmn.gov www.heightsfire.com
January 26, 2021
Houston -Galveston Area Council (H-GAC)
Cooperative Purchasing Program
3555 Timmons Lane, Suite 120
Houston, TX 77027
Dear H-GAC:
This letter is to serve as notice that we are contracting with MacQueen Equipment, Inc. dba MacQueen
Emergency Group for the purchase of a Pierce Enforcer pumper.
Details.
• H-GAC Contract #FS12-19-VC07
• Single axle
• Four -door tilt aluminum cab and body
• 1250 GPM mid -mounted pump
• Purchase price of $640,411
• Truck 436297
I would like to personally thank you for the work your purchasing cooperative performs. It simplifies the
purchase of complex items such as this pumper.
Best regards,
A
Charlie Thompson, Fire Chief
City of Columbia Heights
590 40th Ave NE
Columbia Heights, MN 55421
3/4/2021
HGACBuy Order Confirmation
ORDER CONFIRMATION
fff -' Buy
SNr DNARr PURCHASING SOt Uf10N
H-G gram
ORDER CONFIRMATION NUMBER: CC21-00555
ENTITY ISSUING PURCHASE ORDER
H-G. C. CONTRACTOR RECEIVING PURCHASE ORDER
Name of End City of Columbia Heights IMN1
User:
Name of H-GAC MacQueen Equipment, Inc. dba MacQueen Emergency Group
Contractor:
End User's ILC - 3103 , Legacy ID: 14-4173
Contractor's I.D. No.: 252
No.:
Purchase Order PURCHASE LETTER 01 26 2021
Mailing Address: 1125 71h SI, East
No.:
Delivery Contact: CHIEF CHARLIE THOMPSON
City, State, ZIP Code: St Paul, Minnesota , 55106
Email:
Sales Contact: GIB YAKESH
CTHOMPSON COLUMBIAHEIGHTSMN.GOV
Voice:
Email: GIB.YAKESH@MACQUEENGROUP.COM
763 286 7354
Voice: 612 839 6034
FAX:
Delivery Address: TO BE ARRANGED WITH VENDOR
FAX:
Delivery Date: 11/19/2021
Finance Vendor 0483
Number:
INSTRUCTIONS: This order confirmation issued by the H-GAC Cooperative Purchasing Program indicates the End User and the Contractor listed above have valid contracts
with H-GAC for the specified procurement and product numbers stated herein. Upon receipt of this document, the Contractor is authorized to proceed with the End User's
purchase and delivery in accordance with any requirements contained in the purchase order and/or attached documents. Any subsequent changes to the End User's purchase
order will also require submission of change order documents to H-GAC and to the Contractor.
FS12-19 FS19VC07 IERCE ENFORCER Each I 1.00 I $655,663.00 $655,663.0
HGAC Processing Fee: $2,000.0
Adjustments: $-17,252.0
Date Processed: Shantra Wilson
03/04/2021 AUTHORIZED H-GAC SIGNATURE GRAND TOTAL: $640,411.0
orderconfirmation.hgac.net/PurchaseOrder.aspx 1/2
3/4/2021
HGACBuy Order Confirmation
THE RPURCHASING
R lO
Fire Apparatus
Bunker Gear
Handheld Thermal Imaging Equipment L
SCBA's
Ambulance Type I, II, III Ambulance Remounts
Electronic Personnel Accountability System
Spreader/Cutter Tools
Radio Communication
Traffic Signal Preemption Equipment
Fire Rescue Saws
NATIOWIUE GOVERNMENT COOPERATIVE PURCIIASING PROGRAM
orderconfirmation.hgac.net/PurchaseOrder.aspx 212
fIouston-Galveston Area Council: Purchase Order Terms and Conditions
A. ACCEPTANCE
I. This Order is H-GAC's offer to purchase the goods and/or services described on the purchase order from Contractor. H-GAC's placement of this Order with Contractor is expressly conditioned
upon Contractor's acceptance of all the terms and conditions of purchase contained on or attached to this Order. H-GAC shall accept the item(s) on the twentieth (20) business day after the date of
receipt of the item(s) by H-GAC unless prior to the twentieth (201h) day, H-GAC's Procurement Program, or authorized designee delivers a notice to the Contractor stating the reason(s) why the
items have not been accepted.
2. Any additional or different terms and conditions which may appear in and communication from Contractor are hereby expressly objected to and shall not be effective or binding unless specifically
agreed to in writing by H-GAC's Procurement Program and no such additional or different terms or conditions in any printed form of Contractor shall become part of this order despite H-GAC's
acceptance of goods and/or services, unless such acceptance specifically recognizes and assents to their inclusions.
3. This Order contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. No
understandings, statements, promises or inducements contrary to the terms of this Order exist. This order cannot be changed or terminated orally.
B. MODIFICATION
Except as otherwise provided, this Order shall be subject to change, modification, or amendment only by the mutual written consent of the parties hereto.
C. IDENTIFICATION
All invoices, shipping notices, instructions, manuals and other written documents affecting this Order shall contain the applicable purchase order number. Packing lists shall be enclosed in each box or
package shipped pursuant to this Order, indicating the contents. Invoices will not be processed for payment until all items invoiced are received.
D. SHIPPING
All goods are to be shipped prepaid, F.O.B. Destination, unless otherwise agreed. Where H-GAC has so authorized in writing, goods may be shipped F.O.B. Origin, but Contractor shall prepay all
shipping charges, route the goods by the least expensive common carrier, or the carrier specified, and list charges as a separate item on Contractor's invoice. Each invoice for shipping charges shall be
accompanied by the original or a copy of the bill indicating that such charges have been paid. H-GAC reserves the right to reject C.O.D. shipments. Contractor shall not insure the goods for H-GAC's
account during shipment except upon H-GAC's written request, or where the shipping mode is parcel post.
E. DELIVERY
Time is of the essence, and this Order may be terminated if delivery is not made or services are not performed by the date specified. No change in the scheduled delivery date or performance will be
permitted without H-GAC's written consent. No acceptance of goods or services after the scheduled delivery date will waive H-GAC's rights with respect to such late delivery nor shall it be deemed as a
waiver of future compliance with the terms hereof:
F. FORCE MAJEURE
To the extent that either party shall be wholly or partially prevented from the performance within the term specified 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 maieure shall rest solely with
H-GAC.
G. INVOICES and PAYMENT
H-GAC's standard payment term is to pay thirty (30) days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tx.
Gov't. Code, Ch. 2251).
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Houston -Galveston Area Council: Purchase Order Terms and Conditions
If. FIRM PRICE
The price(s) specified on the face of the purchase order and/or the change order is firm, and may not be increased or supplemented on the contractor's invoice.
I. FISCAL FUNDING
H-GAC is a political subdivision of the State of Texas. H-GAC shall have the right, upon failure of the governing body of the Houston -Galveston Area Council, to appropriate finances to meet the terms
and obligation herein, and to terminate this Order as of the effective date of such lack of fiscal funding. 1-1-GAC agrees to include a request for funding f'or this Order in all budgets during the term
thereof.
J. TAXES
H-GAC is a government agency and is exempt from payment of Sales Tax. Unless the H-GAC Request for Quote Form or specifications specifically indicates otherwise, the price bid must be net
exclusive of the previously mentioned taxes.
K. LIENS, CLAIMS AND ENCUMBRANCES
Contractor warrants and represents that all the goods, when delivered hereunder, will be free and clear of all liens, claims and or encumbrances of every kind.
L. REJECTION
All goods purchased hereunder are subject to inspection and approval. In the event H-GAC rejects any item(s) the contractor shall have ten (10) days after receipt of notice of such rejection to replace
any item(s) with replacements which conform to this Order, at no additional cost to H-GAC. Goods rejected by H-GAC shall be held, transported and/or stored at contractor's sole expense. Contractor
shall promptly reimburse H-GAC for any such expenses.
M. TER:MINATION
By H-GAC for Convenience
The H-GAC Procurement Program may terminate this Order at any time upon thirty (30) calendar days notice in writing to the Contractor. Upon receipt of such notice, the Contractor shall, unless the
notice directs otherwise, discontinue all services in connection with the performance of the Order and shall proceed to cancel promptly all existing Orders insofar as such orders arc chargeable as soon as
practicable after the receipt of notice of termination, the Contractor shall submit a statement to the H-GAC Procurement Program showing in detail the services performed or items delivered under this
Order to date of termination. H-GAC agrees to compensate the Contractor for that portion of the prescribed charges for which the services were actually performed or items delivered under this Order
and not previously paid.
By H-GAC for Default by the Contractor:
In the event that the materials and/or services furnished by the Contractor do not conform to the standard set forth herein, or if the deliveries and servicing of this Order do not conform to the
requirements detailed herein, H-GAC through a written notice from the H-GAC Procurement Program to the Contractor describing such default may as its options:
1. Terminate the Order for default and H-GAC shall have no further obligation under the Order.
2. Allow the Contractor to cure default within a reasonable time as specified in the notice. H-GAC, at its sole option, may extend the proposed date of termination to a later date. If prior to the
proposed date of termination, the Contractor cures such default to H-GAC's satisfaction, then the proposed termination shall be ineffective. If the Contractor fails to cure such default prior to the
proposed date of termination, then H-GAC may terminate its performance under this Order as of such date and have no further obligation under the Order.
In the event of failure to deliver any or all of the items or to perform required services, H-GAC may cover its loss by reasonably procuring from another source the items not delivered or the services not
performed. The Contractor shall be responsible for and shall pay to H-GAC immediately upon demand the difference in price between that offered by the Contractor and that which 11-GAC was forced
to pay for covering the Contractor's failure to deliver or perform services.
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Houston -Galveston Area Council: Purchase Order Terms and Conditions
N.DEFAULT
H-GAC may, subject to paragraph "M" by written notice of default to Contractor, cancel the whole, or any part, of this Order or exercise any other remedy provided H-GAC of goods by law or in equity
including any remedy under the Uniform Commercial Code, in any of the following circumstances:
1. If Contractor fails to make delivery of the goods or to perform the services within the time specified or any extension thereof;
2. If, in H-GAC's good faith judgment, the contractor fails to perform any of the other provisions of this Order or fails to cure such failed performance within a period often (10) days, or such longer
period as H-GAC may authorize in writing after receipt of notice from H-GAC specifying such failure;
3. If Contractor is in breach of any of the terms or conditions of this Order; or
4. If Contractor becomes insolvent or makes an assignment for the benefit of creditors, or if there shall be instituted by or against Contractor any proceeding under bankruptcy, reorganization,
arrangement or readjustment of debt or insolvency law of any jurisdiction or f'or the appointment or a trustee in respect to any of Contractor's property and such proceeding is not dismissed or cured
within sixty (60) days.
U. REMEDIES
Not by the way of limitation, the remedies of the parties include:
1. If H-GAC cancels this Order in whole or in part as provided in paragraph "M", H-GAC may procure, upon such terms and in such manner, as H-GAC may deem appropriate, the goods or services
similar to those cancelled and Contractor shall be liable to 11-GAC for any excess costs, incidental or consequential damages for such similar supplies of services provided that Contractor shall
continue the performance of this Order to the extent not called under the provisions of this Order.
2. The rights and remedies of H-GAC provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law under this Order.
3. The failure of H-GAC to insist upon strict performance of any of the terms of this Order or to exercise any rights hereunder shall not be construed as a waiver of H-GAC's rights.
4. The Contractor may be excused fi-om performance under this Order provided the Contractor notifies H-GAC within ten (10) days of discovery of any of the below named events:
a. Acts of God, or of public enemy, acts of the government with lawful jurisdiction over Contractor in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, freight embargoes and unusually severe weather.
b. The Contractor's failure to perform is caused by default of a supplier of sub -contractor and if such default arises out of causes beyond the control of both the Contractor and the supplier or sub-
contractor and without the fault or recognition of either of them, provided that the contractor agrees to make a concerted effort to obtain supplies or services from other sources in time to meet
required delivery schedule(s), if such events or causes names above cause a supplier default.
P. WARRANTIES
Contractor warrants that each item delivered will ( I ) be new (unless otherwise specified on the face of the purchase order, change order or specifications), free from liens and defects in design, materials,
workmanship and defects in title (including any defect in the contractor's right to sell a patented or copyrighted product or to use a patented process), (2) conform in all respects to the terms of the
purchase order, change order or specifications, and (3) be of the best quality, if no specific quality is established in the specification(s). If within one (l ) year from the date of acceptance by H-GAC, it
appears that an item, or any commercial unit thereof, does not conform to these warranties, and the H-GAC Procurement Program notifies the contractor within a reasonable amount of time after
discovery, the contractor shall correct such nonconformity to the satisfaction of the H-GAC Procurement Program at the contractor's expense.
Should this occur, H-GAC may revoke acceptance, and purchase substitute item's correcting the nonconformity. The cost of the substitute item(s) correcting any nonconforming item(s) shall be borne by
the contractor. Additionally, the contractor shall transfer to the H-GAC any manufacturer's warranty that it has for the item(s).
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Houston -Galveston Area Council: Purchase Order Terms and Conditions
O. SUCCESSORS AND ASSIGNS
This Order shall bind and benefit the respective parties and their legal successors, and shall not be assignable, in whole or in part, by any party hereto without first obtaining the written consent of the
other party. This provision is not intended to limit the Contractor's ability to assign receivables under this Order, but applies to performance of the Order. Nothing herein shall be construed as creating
any personal liability on the part of any agent of H-GAC.
R. QUALITY STANDARDS
If a special brand is listed in this Order, the goods being purchased must meet the standard for quality, performance, and use of such brand. If Contractor is willing to supply an equivalent to the
designated special brand, it must provide H-GAC with descriptive literature identifying its brand, including the quality, performance and specifications.
S. INSPECTION AND QUALITY CONTROL.
All items furnished under this order shall be subject to inspection and tests. To the extent practicable inspection may be made at any time and place, including the period of manufacture and prior to
acceptance.
1'. INFRINGEMENTS
Contractor warrants that H-GAC's purchase, installation, and/or use of the goods covered hereby will not result in any claim of infringement, or actual infringement of any patent, trademark, copyright,
franchise, or other intellectual property right. Contractor shall indemnify and hold H-GAC harmless from and against all claims, losses, expenses, damages, causes of action and liabilities of every kind
and nature, including without limitation, reasonable attorney's fee (without waiver of Contractor's obligation to indemnify H-GAC hereunder), arising from or out of any breach of the foregoing
warranties and representations.
U. RISK OF LOSS
Regardless of F.O.B. Point, Contractor agrees to bear all risk of loss, injury, or destruction of goods and materials ordered herein which occur prior to acceptance by H-GAC. No such loss, injury or
destruction shall release Contractor from any obligations hereunder.
1. Contractor shall indemnify and hold H-GAC harmless from and against all claims, demands, losses, expenses, damages, causes of action and liabilities of every kind and nature including, without
limitation, reasonable attorney's fees and costs, without waiver of Contractors obligation to indemnify H-GAC hereunder arising fi-om or out of any alleged breach of any Contractor's obligations or
warranties hereunder or from other acts or omissions of Contractor, its directors. Officer's, agents, representatives, employees and sub -contractors, however caused, instituted by persons who
purchase from H-GAC or use product purchased from Contractor.
2. Contractor is solely liable for its employees, agents, contractors or sub -contractors and their actions while on H-GAC's premises and the Contractor indemnifies and will protect H-GAC from all
losses, claims, expenses, and damages arising from or out of the presence or activity of Contractor's employees while on H-GAC premises.
V. EQUAL EMPLOYMENT OPPORTUNITY
Contractor will be required to comply with all applicable Equal Employment Opportunity laws and regulations.
W. TITLE VI REQUIREMENTS
Contractor will be required to comply with all requirements imposed by Title VI of the Civil Rights Acts of 1964 (49 U.S.C. Section 2000d), the Regulations of DOT issued hereunder (49 C.F.R. part
21), and the assurances by H-GAC thereto.
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Houston -Galveston Area Council: Purchase Order Terms and Conditions
X. CONFLICT OF INTEREST
Chapter 176 of the Texas Local Government Code requires contractors and consultants seeking to do business 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 at the Texas Ethics Commission website
https://www.cthics.statc.tx.us/forms/CIQ.pdf'. H-GAC officers include its Board of Directors and Executive Director, who are listed on this wcbsitc. The CIQ must be completed and filed with a bid;
request for quote or proposal response, if an employment or business relationship defined in the law exists.
V. ADVERTISING
No advertising or publicity matter having or containing any reference to H-GAC or any of its staff members shall be made by Contractor or anyone on Contractor's behalf unless Contractor has the
written consent of H-GAC.
Z. I.AV1'
This order is made subject to the Constitution and laws of the State of Texas. The laws of the State of Texas shall govern this Order and the venue of any action brought hereunder may be bid in or
transferred to the State of Texas.
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Ak, MACQUEEN
r EMERGENCY
EM-111
PURCHASE AGREEMENT — SINGLE UNIT HGAC
This Purchase Agreement (together with all attachments referenced herein, the "Agreement"), made and entered
into by and between MacQueen Equipment, LLC., as Delaware corporation DBA MacQueen Emergency
("MacQueen"), and The City of Columbia Heights ("Customer") a Minnesota municipality is effective as of the date
specified in Section 3 hereof.
1. Definitions
a. "Product" means the fire apparatus and any associated equipment furnished for the Customer by
MacQueen, pursuant to the specifications.
b. "Specifications" means the general specifications, technical specifications, orientation, and testing
requirements for the Product contained in the MacQueen Proposal for the Product prepared in response to
the Customer's request for proposal.
c. "MacQueen Proposal" means the proposal provided by MacQueen attached as Exhibit C prepared in
response to the Customer's request for proposal.
d. "Delivery" means the date MacQueen is prepared to make physical possession of the Product available to
the Customer.
2. Purpose
This Agreement sets forth the terms and conditions of MacQueen's sale of the Product to the Customer.
3. Term of Agreement
This Agreement will become effective on the date it is signed and approved by MacQueen's authorized
representative pursuant to Section 20 hereof ("Effective Date") and, unless earlier terminated pursuant to the
terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase
Price.
4. Purchase and Payment
The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of
$656,953 ("Purchase Price"). Prices are in US Funds.
S. Agreement Changes
The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the
Products by delivering a change order to MacQueen; provided, however, that any such change order must be
in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the
feasibility of such change ("Change Order"). Within seven (7) business days of receipt of a Change Order,
MacQueen will inform the Customer in writing of thefeasibility of the Change Order, the earliest possible
implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from
such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order.
MacQueen shall not be liable to the Customer for any delay in performance or Delivery arising from any such
lAMACQUEEN
\\v EMERGENCY
Change Order. A Change Order is only effective when counter signed by MacQueen's authorized
representative.
Cancellation/Termination
In the event this Agreement is cancelled or terminated by a party before completion, MacQueen may charge
a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10%ofthe
Purchase Price after order is accepted and entered by MacQueen; (b) 20% of the Purchase Price after
completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The
cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering
and into manufacturing. MacQueen endeavors to mitigate any such costs through the sale of such Product to
another purchaser; however, Customer shall remain liable for the difference between the Purchase Price and,
if applicable, the sale price obtained by MacQueen upon sale of the Product to another purchaser, plus any
costs incurred by MacQueen to conduct any such sale.
7. Delivery, Inspection, and Acceptance
Delivery
Delivery of the Product is scheduled to be within ten and one half (10.5) months of the Effective Date of this
Agreement. Risk of loss shall pass to Customer upon Delivery. Delivery shall be made, and title shall pass upon
Customer's complete fulfillment of its obligations arising under Section 4 hereof.
Inspection and Acceptance
Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial
conformance to the material Specifications, and in the event of substantial non-conformance to the material
Specifications to furnish MacQueen with written notice sufficient to permit MacQueen to evaluate such non-
conformance ("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall
be remedied by MacQueen within thirty (30) days from the Notice of Defect. In the event MacQueen does not
receive a Notice of Defect within fifteen (15) days of Delivery, Product will be deemed to be in conformance
with Specifications and Accepted by Customer.
B. Notice
Any required or permitted notices hereunder must be given in writing at the address of each party set forth
below, or to such other address as either party may substitute by written notice to the other in the manner
contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail,
return receipt requested, postage prepaid; or nationally recognized private express courier:
MacQueen Equipment, LLC
1125 7th Street East
St. Paul, MN 55106
City of Columbia Heights
590 401h Ave NE
Columbia Heights, MN 55421
9. Standard Warranty
The equipment sold herein will be manufactured by Pierce Manufacturing, Inc. and any warranties are
attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved
in writing by Pierce's authorized representative and MacQueen.
Ak\ MACQUEEN
\'Wl EMERGENCY
Disclaimer
Other than as expressly set forth in this agreement, neither Pierce, its Parent Company, Affiliates,
Subsidiaries, Licensors, suppliers, distributors, dealers, including without limitation, MacQueen Equipment,
LLC, or other respective officers, directors, employees, shareholders, agents or representatives, make any
express or implied warranties with respect to the products provided hereunder or otherwise regarding this
agreement, whether oral or written, express, implied, or statutory, Without limiting the foregoing, any
implied warrantyagainst infringement, and the implied warranty of condition of fitness for a particular
purpose are expressly excluded and disclaimed. Statements made by sales representatives or in promotional
materials do not constitute warranties.
Exclusions of Incidental and Consequential Damages
In no event shall MacQueen be liable for consequential, incidental or punitive damages incurred by Customer
or any third party in connection with any matter arising out of or relating to this Agreement, or the breach
thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability,
statutory liability, indemnity, whether resulting from non -delivery or from MacQueen's own negligence, or
otherwise.
10. Insurance
MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best:
Commercial General Liability Insurance:
Products/Completed Operations Aggregate: $ 2,000,000
Each Occurrence: $ 2,000,000
Umbrella/Excess Liability Insurance:
Aggregate: $ 5,000,000
Each Occurrence: $ 5,000,000
The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance
with the coverages listed above.
11. Indemnity
The Customer shall indemnify, defend and hold harmless MacQueen, its officers, employees, dealers, agents
or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or
expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all
property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's
purchase, installation or use of goods sold or supplied by MacQueen which are not caused by the sole
negligence of MacQueen or Pierce.
12. Force Majeure
MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to
causes which are beyond MacQueen's control which make MacQueen's performance impracticable, including
but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions,
earthquakes, accidents, any act of government, acts of God or the public enemy or terrorism.
13. Default
The occurrence of one or more of the following shall constitute a default under this Agreement:
AMACQUEEN
EMERGENCY
(a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations
under this Agreement; (b) MacQueen fails to perform any of its obligations under this Agreement; (c) either
party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation
made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the
Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or
(f) the Customer is in default or has breached any other contract or agreement with MacQueen.
14. Relationship of Parties
Neither party is a partner, employee, agent, or joint venture of or with the other.
15. Assignment
Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior
written approval of the other party.
16. Governing Law; Jurisdiction
Without regard to any conflict of law's provisions, this Agreement is to be governed by and under the laws of
the state of Minnesota.
17. Facsimile Signatures
The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures.
18. Entire Agreement
This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different
terms proposed by the Customer shall not be applicable, unless accepted in writing by MacQueen's authorized
representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and
signed by MacQueen's authorized representative.
19. Conflict
In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen
Proposal shall control. In the event there is a conflict between the MacQueen Proposal and this Agreement,
the MacQueen Proposal shall control.
20. Signatures
This Agreement is not effective unless and until it is approved, signed and dated by MacQueen's authorized
representative.
Accepted and Agreed to:
MACQUEEN EQUIPMENT, LLC
Signature:
Name: Daniel Corcoran
Title: District Sales Manager
Date: January 5th, 2021
CUSTOMER: City of Columbia Heights
r
Signature: r »J -` w
Name:
Title:_au�o�
Date: 1- 1
MACQUEEN
r EMERGENCY
EXHIBIT A — PURCHASE DETAIL FORM
MacQueen Equipment, LLC
1125 7th Street East
St. Paul, MN 55106
Customer Name: City of Columbia Heights Date: January 51h, 2021
Quantity Chassis Type Body Type Price per Unit
1 2021 Pierce Impel Chassis 152" 2nd Gen $ 656,953
Alluminum PUmoer
Applicable Discounts:
Customer has agreed to make 100%full pre -payment and accept all discounts detailed in exhibit C
Warranty Period: 1-year bumper -to -bumper, other warranties as detailed in full bid proposal submitted to the
Fire Chief on 1-5-2021
Orientation Requirements: MacQueen representative will conduct an apparatus orientation with the department
as agreed upon between the fire chief and district sales manager
Other Matters:
• $3,500 customer contingency fund included for build changes and loose equipment mounting
• A performance bond, issued by a surety company, will be provided and is included in the total price
This contract is available for municipal corporations and others to utilize with the option of adding or deleting any
available options, including chassis models. Any addition or deletion may affect the unit price.
Payment Terms
Full payment due N15 from contract signing. See full details in Exhibit C.
[NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements
through a financial institution acceptable to MacQueen.] All taxes, excises and levies that MacQueen may be
required to pay or collect by reason of any present or future law or by any governmental authority based upon the
sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by
MacQueen to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All
delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any
increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly.
Delinquent payments shall be subject to a carrying charge of 1.5 percent (1.5%) per month or such lesser amount
permitted by law. MacQueen will not be required to accept payment other than as set forth in this Agreement.
However, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with
material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase
Price until such time that MacQueen substantially remedies the nonconformance with material Specifications, but
no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may
withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after
Delivery. MacQueen shall have and retain a purchase money security interest in all goods and products now or
hereafter sold to the Customer by MacQueen or any of its affiliated companies to secure payment of the Purchase
Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or
MACQUEEN
r EMERGENCY
liability now or hereafter incurred or owing by the Customer to MacQueen, MacQueen shall have and may exercise
all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the
state of Minnesota.
THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS
DATED AS OF January 511, 2021 BETWEEN MACQUEEN AND the City of Columbia Heights WHICH TERMS AND
CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH
EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR
SUPPLEMENTED BY MACQUEEN HEREIN.
EXHIBIT B - WARRANTY
LIMITED WARRANTY
Limited Warranty Terms and Disclaimer
Pierce warrants that all new and unused goods furnished by Pierce are free from defect in workmanship and
material as of the time and place of delivery by Pierce in accordance with its Standard Limited Warranty in effect at
the date of contract formation and stated below. Pierce's obligation under this Limited Warranty is subject to the
following qualifications: a) Pierce or its authorized Dealer shall have been notified of such claimed defect within
thirty (30) days of its discovery or such later date as is specified in the Standard limited Warranty; b) the vehicle
shall have been subject only to proper use normal for similar vehicles; and c) it shall have been regularly
maintained and serviced in accordance with the Manufacturer's Service Manual. No defective part may be
returned to the factory without Pierce's prior written consent, or that of our authorized representative. Any
return must be with transportation prepaid, which may be refunded at the discretion of Pierce. The Standard
Limited Warranty for the goods is incorporated herein by reference. It is the exclusive warranty given by Pierce.
PIERCE HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, notwithstanding any
knowledge
of Pierce regarding the use or uses intended to be made of goods, proposed changes or additions to goods, or any
assistance or suggestions that may have been made by Pierce personnel.
STANDARD LIMITED WARRANTY
Base Warranties
• One (1) year basic limited warranty — all
• One (1) year standard Pierce Fire and Rescue Service Center limited warranty — chassis, cab, apparatus
body
• One (1) year standard Pierce Fire and Rescue Service Center limited warranty — paint
• Ninety (90) day standard Pierce Fire and Rescue Service Center limited warranty — parts serviced or
repaired
• Six (6) month basic parts limited warranty
Chassis and Cab Warranties
• Three (3) year chassis limited warranty — Velocity and Impel
• Ten (10) year standard cab structural integrity limited warranty — all
• Fifty (50) year chassis frame rail & Crossmember lifetime structural integrity limited warranty - Velocity
and Impel chassis
MACOUEEN
r EMERGENCY
Body Structural Integrity Warranties
• Ten (10) year standard body structural integrity limited warranty - all aerial, pumpers, tankers, elliptical,
dryside
Paint and Graphics Warranties
• One (1) year graphics fading and deterioration (vinyl, painted, reflective, gold)
• Three (3) year standard Goldstar/Gold Leaf lamination limited warranty
• Ten (10) year standard prorated paint/corrosion warranty - trucks shipped after Jan 1, 2004
Component Warranties
• Three (3) year tak4 front suspension limited warranty
• Three (3) year material and workmanship aerial hydraulic system seals
• Fifty-four (54) month material and workmanship camera system
• Five (5) year material and workmanship Command Zone electronics
• Five (5) year material and workmanship foam system control head
• Six (6) year PUC pump limited warranty
• Ten (10) year standard stainless -steel plumbing - piping and weldments
A\ MACQUEEN
r EMERGENCY
EXHIBIT C - PROPOSAL
January 51h 2021
RE: Proposal for the City of Columbia Heights
MacQueen Emergency, ("MacQueen"), the licensed and authorized dealer for Pierce Manufacturing Inc. ("Pierce")
in the States of Minnesota, North Dakota, South Dakota, Nebraska and Missouri, is pleased to provide the
following proposal for one (1) 2021 Pierce Impel Chassis, 152" Aluminum Body, 2nd Gen Pumper. This proposal is
based on the accompanying proposal specifications, which are tailored to meet your needs. The proposal pricing is
based on current HGAC (Houston Galveston Area Council) F512-19 contract pricing and includes the fees
associated with an HGAC purchase.
Description
Details
Details
Initials Indicating
Acceatance
List Price
$ 702,857
Strategic Customer Discount
$ (38,836)
HGAC Discount
$ (7,968)
HGAC Sales Price
$ 656,053
Inlcudes $2000 HGAC fee
Chassis pre -payment discount
$ (10,148)
Full Pre -pay (interest) discount
$ (7,104)
Performance Bond
$1,610
Provided by a Surety company
Total
$ 640,411
Due N20 from contract signing - Includes
discounts and performance bond
• To take advantage of all prepayment discounts, the total of $640,411 must be paid within fifteen (15) days
of purchase order or contract signing issued to MacQueen.
• The proposal pricing includes the delivery cost from Appleton, WI.
• Included in this price are travel expenses for three (3) of your personnel to travel to our factory for
preconstruction, mid -construction inspection and final inspection.
• Delivery time for the proposed unit will be within ten and one half (10.5) months from the date of order
which will be the date a Purchase Agreement is executed between Buyer and MacQueen in substantially
the form attached hereto as Exhibit 1.
• This proposal is valid until January 31", 2021.
• Tax is excluded from this proposal. In the event the purchasing organization is not exempt from Sales
Taxes or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it
is the duty of the purchasing organization to pay all taxes due.
Balance of sales price is due upon delivery. Payment must be remitted to MacQueen.
Any changes to the original specification will be invoiced or credited as a separate transaction from the
original proposal.
A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after
the payment is due for the first thirty (30) days. The late fee then increases to .044% per day until the payment
is received. In the event of a Prepayment received after the due date above, the discount will be reduced by
same percentages above increasing the cost of the apparatus.
F3
AMACOUEEN
EMERGENCY
In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated by the City of
Columbia Heights before completion, MacQueen may charge a cancellation fee. The following charge schedule
based on costs incurred may be applied:
a. 10% of the Purchase Price after order is accepted and entered by Pierce;
b. 20% of the Purchase Price after completion of the approval drawings;
c. 30% of the Purchase Price upon any material requisition.
The cancellation fee may increase accordingly as costs are incurred as the order progresses through engineering
and into manufacturing. MacQueen endeavors to mitigate any such costs through the sale of such product to
another purchaser; however, the customer shall remain liable for the difference between the purchase price and,
if applicable, the sale price obtained by MacQueen upon sale of the product to another purchaser, plus any costs
incurred by MacQueen to conduct such sale.
To ensure the above stated terms and conditions are understood and adhered to, MacQueen requires an
authorized individual from the purchasing organization to sign and date this proposal and include it with any
purchase order.
Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by
the City of Columbia Heights. The terms and acceptance of this proposal will be governed by the laws of the state
of Minnesota. Venue of any claim regarding this proposal will lie in the county Customer is located.
No additional terms or conditions will be binding upon MacQueen unless agreed to in writing and signed by a duly
authorized officer of MacQueen.
Sincerely,
MACQUEEN EMERGENCY
By Daniel Corcoran
I, _.9, `y V G 1 ,. '. 1, the authorized representative of the City of Columbia Heights, agree to
purchase one (1) 421 Pierce Impel Chassis, 152" Aluminum Body, 2nd Gen Pumper and agree to the terms of this
proposal.
Signature Date
TRAVELERS
Travelers Casualty and Surety Company of America
1 Tower Square
Hartford, CT 06183
PERFORMANCE AND PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, MacQueen Emergency Group
1125 East 7th Street, St. Paul, MN 55106
(hereinafter called Principal), as Principal and Travelers Casualty and Surety Company of Amedca a corporation
organized and existing under the laws of the State of CT with its principal office in the City
of Hartford , (hereinafter called Surety) as Surety are held and firmly bound unto
City of Columbia Heights
(hereinafter called the Owner) and to all persons who furnish labor or material directly to the Principal for use in
the prosecution of the work hereinafter named, in the just and full sum of Six Hundred Fifty Six
Thousand Nine Hundred Fifty Three Dollars and 00/100 Dollars (s656,953.00 1
to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, and their
respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 26tb
day of January, 2021 , for —One 1 Pierce Impel Pumper
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein..
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal
shall fully indemnify the Owner from and against any failure on his/her part faithfully to perform the obligations
imposed upon himther under the terms of said contract free and clear of all liens arising out of claims for labor
and material entering into the work, and if the said Principal shall pay all persons who shall have furnished labor
or material directly to the Principal for use in the prosecution of the aforesaid work, each of which said persons
shall have a direct right of action on this instrument in his/her own name and for his/her own benefit, subject,
however, to the Owner's priority, then this obligation to be void; otherwise to remain in full force and effect.
PROVIDED, HOWEVER, that no action, suit or proceeding shall be had or maintained against the Surety on
this instrument unless the same be brought or instituted and process served upon the Surety within two years
after completion of the work mentioned in said contract, whether such work be completed by the Principal,
Surety or Owner; but if there is any maintenance or warranty period provided in the contract for which said
Surety is liable, an action for such maintenance or warranty may be brought within two years from the expiration
of said maintenance or warranty period, but not afterwards.
IN WITNESS WHEREOF the said Principal and Surety have signed and sealed this instrument this 27th _
day of January 2021 MacQueen Emency Grou
r
Wi ess: Principal
Witness: Ca y Hutson
Y "Q
C61?/CIu.4L /N i�y�lrc�'✓F+PT 5�9�E_!
By: r
Sarah DeYoung
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
Farmington Casualty Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul
Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Sarah DeYoung of Milwaukee, WI ,
their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings
obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, including the following
bond:
Surety Bond No.: 107367718 Principal: MacQueen Emergency Group
OR Obligee: City of Columbia Heights
Project Description: One (1) Pierce Impel Pumper
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 6th day of May,
2019.
ey,w * ? 1, Na.'[ i i
COW
ap
State of Connecticut By:
obert L. Raney enior Vice President
City of Hartford ss.
On this the 6th day of May, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of
the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf
of said Companies by himself as a duly authorized officer. ,y
IN WITNESS WHEREOF, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021
01
RbTNA
ru�o
Anne P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,
which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and
revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if
required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one
or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any
Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified
by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to
which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this 27th day of January, 2021. 624r144 L IV
pP�su���'
SIX
•+� un�
�`yS * �s"+rC' ��,+° evin E. Hughes, Assis ant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorney -in -Fact and the detalls of the bond to which this Power of Attorney is attached.
FEDERAL EXCISE TAX EXEMPTION CERTIFICATE
Customer Number 5111268
For use by States and local governments (section 4221(a)(4) of the Internal Revenue Code)
The undersigned hereby states that he/she is authorized to execute this certificate and in the accompanying order or on the
reverse side hereof for all orders placed by the purchaser for a period of 12 calendar quarters from the date below are purchased
from Pierce Manufacturing, Inc. for the exclusive use of:
Columbia Heights Fire Department
(Fire Department's Governmental Name)
of City of Columbia Heights, Minnesota
(State, Territory, Political Subdivision or District of Columbia)
It is understood that the exemption from tax in the case of sales of articles under this Exemption Certificate to the States, etc. is
limited to the state of articles purchased for their exclusive use and it is agreed that if articles purchased tax-free under this
Exemption Certificate are used otherwise or are sold to employees or others, such fact must be reported to the manufacturer of
the articles covered by the Certificate. It is also understood that the fraudulent use of this certificate for the purpose to secure
exemption will be subject to the undersigned and all guilty parties to a fine of not more than $10,000 or to imprisonment for not
more than five years, or both, together with costs of prosecution.
Under penalties of perjury I declare that I hava esamined this exemption certificate and to the best of my knowledge and belief it is
true, correct and complete. _ /
Signature of Finance/�7�aoa�
Authorized Individual Joseph Kloiber Title Director Date `� l
MACQUEEN
r EMERGENCY
PAYMENT METHOD INSTRUCTIONS
Electronic Payment (Preferred Option):
In order to avoid delays in the receipt and/or application of your remittance, we recommend you forward all
payments electronically as follows:
Wire: �\
Old National Bank ABA Number: 086300012
1360 Duckwood Dr. Account Name: MacQueen Equipment LLC DBA MacQueen Emergency Grou\A
Eagan, MN 55123 Account Number:'=*399
ACH:
Old National Bank ABA Number: 086300012
1360 Duckwood Dr. Account Name: MacQueen Equipment LLC DBA MacQueen Emergency Group
Eagan, MN 55123 Account Number: 105264399
Notes:
• Bring a copy of your insurance binder/coverage, if you are driving the apparatus home.
• Reference the invoice number(s) or job number you are paying for on all remittances.
• Contact: Accounts Receivable at 651-645-5726
Part of the MacQueen Equipment Group
www.macqueengroup.com
i
Ship To: SAME AS BELOW
Invoice To: CITY OF COLUMBIA HEIGHTS
590 40Th Ave Ne
Columbia Heights MN 55421
MacQueen Emergency
14607 Felton Court Suite 109
Apple Valley, MN 55124
800-832-6417
PLEASE REMIT TO:
MacQueen Emergency
1125 7th Street E
St Paul, MN 55106
651-645-5726 • 800-832-6417
Branch
06 - APPLE VALLEY MN
Date
Time
Page
12/15/2021
6:58:10 (0)
1
Account No
Phone No
Inv No 01
COLUM001
7637063600
�E00159
Ship Via
Purchase Order
IMPEL PUMPER
Tax ID No
Salesperson
DAN CORCORAN
151
EQUIPMENT INVOICE
Description Amount
Stock #: C035005 Serial #: 36297
New 2021 PI PUMPER -IMPEL
New 2021 PIERCE IMPEL PUMPER
CONTRACT PRICE $656,053.00
PERFORMANCE BOND $1,610.00
PREPAYMENT DISCOUNT ($17,252.00)
CHANGE ORDER 5/13/21 $8,882.67
-----------------------------------
TOTAL PURCHASE $649,293.67
Miscellaneous Charges/Credits
-----------------------------
-----------------------------
PRE-PAYMENT Qty: 1 Price: 640411.00
New 2021 PIERCE IMPEL PUMPER
VIN 4PIBAAFF3MA023769
JOB 36297
CERTFICATE OF ORIGIN/MSO INFO:
CITY OF COLUMBIA HEIGHTS
590 40th AVE., NE
COLUMBIA HEIGHTS, MN 55421
ATTN: KELLI BOURGEOIS, CITY MANAGER
Subtotal:
TOTAL DUE:
x
649293.67
640411.00-
Received By
8882.67
8882.67
Date
VisitUs0n/ine
www. macqueengroup. co
lAMACQUEEN
\\r EMERGENCY
Columbia Heights Fire Department - Pre -Construction Change Order
Job # 36297
5/10/2021
Change
Option
Description
Feature
Old Feature Text
New Feature Text
Quant
Customer
Comments
Type
Code
Price
Mirrors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rml
Deleted
0521669
Convex
1
$ (1.000.67)
Minors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rmt
Added
0590424
Convex, Black
1
$ 1,030.43
Steps, 4-Door Cab, Dual, 2" Larger Middle and Bottom
Deleted
0606691
Steps, ImpNel
1
$ 11288 38)
Handrail, Exterior, Hansen, Knurled. Alum, Black, 4-Door
Added
0770192
Cab
1
$ 187.25
Deleted
0002140
Fenders, S/S on Cab
1
$ t867 70)
Added
0541830
Crowns, Front Fender, Rubber, AXTNEUIMP
1
$ 504.78
cover and
mounting legs to
0741239
be painted white as
Paint Color, A/C
provided by the
cover to be painted to
Changed
HVAC, Impel/Velocity FIR, CARE
Condenser
NC manufacturer
match the cab roof
1
$
three (3) infinitely
adjustable shelves
two (2) infinitely
0782151
Cabinet, Forward Facing, IRS, 21 W x 51 H x 14 D, Web,
with a 0.75" up-
adjustable shelves with a
Changed
ImpNel
Shelf/Tray, Cabinet
turned lip
1.25" up -turned lip
1
$ t 4e.21
Added
0543991
Bracket, Air Bottle, Hands -Free II, Cab Seats
5
$ 4,325.39
driver and
0611681
Switching, Cab, Membrane, ImpeVVelocity/Quantum, Dash
Location, Emerg
passenger side
Changed
CF, AXT W iFi MUX
Sw Pnls
overhead
driver side overhead
1
$ ,1 310 8c,
Added
0039777
Switch, Second, Emergency Master, PS
1
$ 504.81
Deleted
0530951
Location, Bat Chrg Ind, DS Behind Cab Door
1
$ 104 89)
Location, Bat Chrg Ind, Display Through Window Behind
Added
0537512
Driver Seat
1
$ 189.07
Bezels, Win, (2) M6 Chrome Pierce, For mtg (4) Win M6
Deleted
0556842
lights
1
$ ,h5237i
Added
0794744
Bezels, Win, (2) M6 Black Pierce, For mtg (4) Win M6 lights
1
$ 513.29
Changed
0790483
Light, Visor, HiViz LED, FT-MB-33 =", 42.44" long
Qty,
01
01
0
$ 5.57
painted parts of the
light housing and
painted parts of the light
0790483
Color, Lt Housing
brackets to be
housing and brackets to
Changed
Light, Visor, HiViz LED, FT-MB-33= ", 42.44" long
HIVIZ
white
be painted job color
1
$ 471.39
light(s) to include
light(s) to include black
white bezel and
optic holders, black
0736731
Color, Lt Housing
chrome optic
bezels and black fixture
Changed
Lights, HiViz FT-GESM LED 1st
HiViz
holder
body
1
$ 11.13
light(s) to include
light(s) to include black
white bezel and
optic holders, black
0736729
Color, Lt Housing
chrome optic
bezels and black fixture
Changed
Lights, HiViz FT-GESM LED 2nd
HiViz
holder
body
1
$ 11.13
painted parts of the
light housing and
painted parts of the light
0773313
Color, Lt Housing
brackets to be
housing and brackets to
Changed
Lights, HiViz FT-MB-2.18" LED, 1st
HiViz
white
be black
1
$ 5.57
painted parts of the
light housing and
painted parts of the light
0773312
Color, Lt Housing
brackets to be
housing and brackets to
Changed
Lights, HiViz FT-MB-2.18 ' ' LED, 2nd
HiViz
white
be black
1
$ 5.57
chrome trim and
0743346
chrome optic
black trim and black optic
Changed
Lights, Rear Scene, HiViz FT-GSMJR ", Surface Mt
Color, Trim
holder(s)
holder(s)
2
$ 26.48
Deleted
0002224
Scuffplates, S/S At Cab Door Jambs, 4-Door Cab
1
$ t 789 51 )
Deleted
0784811
Fender Crowns, Rear, Stainless, w/Removable Liner
1
$ t957 33 )
Added
0784809
Fender Crowns, Rear, Rubber, w/Removable Liner
1
$ 506.77
Shelves, Adj. 500 lb Capacity, Full Width/Depth, Predefined
Changed
0600350
Locations
City, Shelf
06
5
-1
$ i212 73
Tray, 215 lb, TiltISlide-Out, 50 Deg, Double Tray,For SCBA
Deleted
0767212
Mounting,4 Packs,CARE
1
$ ;1 50S 96,
Tray, 215 Ib, TiltISlide-Out, 30 Deg, Adj, Predefined
Added
0709692
Locations
1
$ 793.13
Deleted
0004016
Rub Rail, Aluminum Extruded, Side of Body
1
$
Added
0057300
Rub Rail, 2.00" High Rubber, Side of Body
1
$ 608.88
Deleted
0626229
Handrails, Side Pump Panels, Per Print
1
$
Handrails, Side Pump Panels, Per Print, Hansen Knurled
Added
0778411
Alum Tubing, Black
1
$ 409.82
Door Finish, Fender
Changed
0636301
Compt, Extinguisher (2) in Fender Panel, Triangular Door
Compt
polished
painted
1
$ 109.25
Door Finish, Fender
Changed
0657522
Compt, Air Bottle, Triple, Fender Panel
Compt
polished
painted
2
$ 218.51
Holder, Air Bottle, Zico Model UH-5-30-3-SF, Location
Changed
0740924
Feature
City, Bracket
06
01
-5
$ i 1 048.871
Deleted
0004361
Tubes, Alum, Pike Pole Storage
2
$ 376 -2,
Added
0058193
Tubes, Alum, Pike Pole Storage, Spcl Notch, NY PP Head
2
$ 504.79
Activation, Water
Changed
0757359
Gauge, Water Level, Class 1, Remote Module Driver
Level G
I pump is in gear
1 battery switch is on
1
$ 106.42
lA� MACQUEEN
\r EMERGENCY
Changed
0750438
Water Level Gauge, Win PSTANK2, LED 1-Light, 4-Level
Activation, Water
Level G
pump is in gear
battery switch is on
2
$ 212.85
Deleted
0541056
Control, Elec Siren, Horn Ring, Default Siren Operation
1
? S7 3
Added
0076156
Control, Elec Siren, Head Only
1
$ -
Deleted
0016080
Siren, Federal Q213
1
$ i4.242.1 7)
Added
0630276
Siren, Federal 02B, Black
1
$ 4,850.73
Deleted
0780350
Receptacle Strip, 15A 120V 6-Place, Interior Cab
1
S , 352 33-,
Added
1 0780360
Receptacle Strip, 20A 120V 6-Place, Interior Cab
1
$ 439.95
Deleted
0004146
Handrail, Rear, Below Hose Bed, Full Width
1
$
Added
0773289
Handrail, Rear, Below Hose Bed, Full Width, Hansen
Tubing, Black
1
$ 349.99
Deleted
0004126
Handrails, Beavertail, Standard
1
$ 0.00
Added
0778409
Handrails, Beavertail, Standard, Hansen Tubing, Knurled
Aluminum, Black
1
$ 246.50
Deleted
0003245
Axle Hub Covers w/center hole, S/S, Front Axle
1
$ (1 18 33,
Deleted
0019625
Wheels, Rear, Alcoa, 22.50" x8.25", Aluminum, Hub Pilot,
Single
1
$ ,4 073 3i
Added
0654806
Wheels, Rear, Accuride, 22.50" x 8.25", Steel, Hub Pilot,
Single
1
$ 948.73
Added
0693793
Paint, Rear Wheels, SingleA)de
1
$ 461.83
Deleted
0582936
Tires, Front, Goodyear, G289 WHA, 315/80R22.50, 20 ply
1
$ (2.891 64:.
Added
0677584
Tires, Front, Goodyear, G296 MSA, 385/65R22.50, 18 ply,
Fire Service Load Rating
1
$ 3,084.23
Added
0604672
Wheels, Front, Accuride, 22.50" x 12.25", Steel, Hub Pilot
1
$ 1,620.50
Deleted
0019575
Wheels, Front, Alcoa, 22.50" x 9.00', Aluminum, Hub Pilot
1
S 12 5'?9 65!.
Added
0693798
Paint, Front Wheels
Paint, Wheels
powder coat paint #101b1
1
$ 229.58
Added
0566101
Recess, Dash Panel, Officer Side, Vel/Imp
1
$ 590.96
Added
0622531
Mounting Provisions, 3/16" Alum, Full Engine Tunnel, Color,
Vel/Imp
1
$ 478.29
Added
0767635
Wiring, Spare, 4.8 A 12V DC, USB Termination, Kussmaul
091-219-5 Sw Pni 1 st
1
$ 244.06
Deleted
0559690
Paint, Two Tone, Cab and Body, w/shield, Custom Cab
1
$ i2 444.82)
Added
0644555
Paint, Two Tone, Cab and Body, w/Shield, Metallic Upper
Only
1
$ 4,044.91
Deleted
0606697
Air Horns, (2) Grover, In Bumper
1
$ 1 281 77)
Added
0769032
Air Horns, (2) Grover, In Bumper, Painted Black
1
$ 1,830.13
Added
0723365
Starting Sw, Truck Engine Powered Gen, Cab, IRS PP
IRS Pump Panel
1
$ 424.34
Deleted
0071054
Remote Start, Hydraulic Generator, PTO and Field - SAME
SWITCH
1
$ ,1%3629)
Added
0660435
Coaling, Top Flange, Front Bumper, Outside Exterior, Rhino
Lining, Black
1
$ 406.23
Added
0594533
Paint, Grille, Mesh Only, AXTNeVimp/DCF/SFR/Enf
101 black
1
$ 162.07
Deleted
0123176
Grille, Bright Finished, Front of Cab, ImpelNelocity
1
$ 1 4 37 59;
Added
0745128
Grille, Painted, Color, Front of Cab, Impel
101 black
1
$ 285.32
Deleted
0123625
Bumper, 19" Extended, ImpNel
1
,3 C30 13`,
Added
0606460
Bumper, 19" Extended, Painted, Reinforced, ImpNel
1
$ 2,632.19
Deleted
0650791
Control, Mach Siren, Steering Wheel Sw, PS Foot Sw
1
$:1h, 16 i
Added
0748282
Control Mach Siren, Ft Sw LS
1
$ 153.14
Added
0748281
Control Mach Siren, Ft Sw RS
1
$ 153.14
Deleted
0544129
Reflective Band, 1"-6"-l"
1
$ 483 641
Added
0770011
Reflective Band, 1" Vinyl-6" Refl-1"Vinyl, w/Borders, 0.75"
Voids (Sam Bass)
1
$ 831.00
Deleted
0686426
Lettering, Gold Leaf, 3.00", (61.80)
1
$ 1 609.13,
Added
0685688
Lettering, Printed Effect Gold Leaf, 3.00", (61-80)
1
$ 1,077.31
Deleted
0686202
Lettering, Gold Leaf, 10.00", Each
City, Lettering
04
4
S �.531 01
Deleted
0684182
Emblem, Maltese Cross, Reflective, 21"-23", Pair
1
i822 99j
Added
0632731
Emblem, "Honoring America's Bravest" w/Helmet, Printed
Effect GL/L, Std, Pair
1
$ 594.12
Added
0685593
Lettering, Printed Effect Gold Leaf, 4.00", Each
Qty, Lettering
12
12
$ 318.73
Added
0685544
Lettering, Printed Effect Gold Leaf, 8.00", Each
Qty, Lettering
02
2
1 $ 133.79
Added
0686040
Lettering, Reflective, 2.00", (21-40)
1
$ 460.40
Deleted
0079341
Jog, In Reflective Stripe "Hockey Sfick"
1
S ,253 6,1)
Added
0082587
Folded Ribbon in Reflective Stripe, Pair With Air Brushing
1
$ 552.45
Added
0683338
Emblem, Reflective, Per Dept. Submittal, Each
LS1, RS1
2
$ 698.56
Added
0695610
Emblem, Reflective, Per Dept. Submittal, Each
B1
1
$ 324.21
Added
0512024
Stripe, Reflective, Chevron/Inverted "V", On Front Bumper
1
$ 448.60
Changed
0667942
Door, Half -Height, Impel FR 4-Door Cab, Raised Roof
Cab, Exterior Door
Handle, Finish
black/black
1
$ 137.97
Deleted
0780484
Headlights, Rect LED, HiViz FT-06.41Kff,
AXT/DCF/Enf/Imp/SabNel
1
$ i2.650.88 i
Added
0724853
Headlights, Rect LED, HiViz FT-4X6.4KIT,
AXT/DCF/Enf/Imp/SabNel, Trim
headlight houising and
headlight trim to be
painted black
1
$ 3,301.90
Deleted
0540460
Light, Front Zone, Win M6'C LED, Clear Lens, 41ts Q Bezel
1
$ (2 073 14)
Added
0746525
Light, Front Zone, Win M6" LED, 41ts Q Bezel
1
$ 2,658.34
Deleted
0601306
Speaker, (1) Win, SA315P, w/Pierce Polished Stainless
Steel Grille, 100 watt
1
$ 723 90?
Added
0776000
Speaker, (1) Win, SA315P, w/Pierce Black Painted Grille,
100 watt
1
$ 745.61
Added
0026604
Deluge Mount, Bolt Flange, Reinforced for Hi -
Riser/DeckMaster
1
$ 365.36
Deleted
0527034
Trim, S/S Band, Across Cab Face, Rect Lights, Impel
1
$ i 1 731 02 )
AA MACQUEEN
V EMERGENCY
0751195
painted black stainless
Added
Trim, S/S, Rect Headlights, Painted, VEUIMP
Turnsignal Covers
steel comer covers
1
$ 528.52
Seat, Officer, Pierce PS6, Premium, Air Ride, High Back,
Deleted
0696996
Safety
1
$ 11 t21 80)
Added
0696994
Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Safety
1
$ 1,449.73
Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium,
Deleted
0122182
Hi -Back, Safety
1
Seat, Rear Facing C/C, DS Outboard, Pierce PS6, Premium,
Added
0122183
SCBA, Safety
1
$ 2,166.18
Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium,
Deleted
0122185
Hi -Back, Safety
1
$ i1.ti95.5.3;
Seat, Rear Facing C/C, PS Outboard, Pierce PS6, Premium,
Added
0122186
SCBA, Safety
1
$ 2,166.18
Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium,
Deleted
0122742
Hi -Back, Safety
1
$ ;903 84
Seat, Forward Facing C/C, Center, (2) Pierce PS6, Premium,
Added
0122744
SCBA, Safety
1
$ 1,845.11
0735880
Color, Line-X, Per
Added
Steps, 4-Door Full Tiff Cab, Line-X Step Wells, ImpNel
Item
black
1
$ 1,019.60
Receptacle, 15120A 1 r 3- r, up, 1st,
middle, back wall of PS
Added
0781579
Interior Cab
ems cabinet
1
$ 366.28
painted one (1) color to
Color, Roll -up Door,
an anodized satin
match the lower portion of
Changed
0692746
Door, Gortite, Rollup, Rear Compartment
Gortite
finish
the body
1
$ 180.55
Location, Door
RS1, RS2, RS3, LS1,
Added
0637421
Trim, Rollup Door, Painted Door Color, Gortite
Accessory
LS2, LS3, B1
7
$ 1,229.85
Size, Dept Seal,
Changed
0683338
Emblem, Reflective, Per Dept. Submittal, Each
Reflect
22.00" - 24.00"
30.00" - 32.00"
2
$ 197.42
Deleted
0636301
Compt, Extinguisher (2) in Fender Panel, Triangular Door
1
$ 276.13 )
Changed
0657522
Compt, Air Bottle, Triple, Fender Panel
City, Air Bottle Comp
2
3
1
$ 1,306.85
TOTAL
$ 8,882.67
By signing this form, 1 do hereby authorize the representing Pierce Dealer to coordinate the changes, additions, and deletions listed on the proceeding page(s) for the prices listed on each
change made. I understand and agree that any additions or changes that were not part of the original contract may adversely Impact the scheduled completion of the apparatus. If the
scheduled completion is affected, the Pierce authorized Dealer will notify you of such a change at the time this change is presented. I understand and agree that once this change request is
Customer Signatu e:
Sales Representative Daniel J Corcoran
Signature:
Date: 5/13/2021