6200239a Viking VH15KA362 ECS 15 6200239 156759 7

User Manual: Viking VH15KA362 ECS 15

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Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET January 16, 2009
PURCHASING OPERATIONS
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
CHANGE NOTICE NO. 4
TO
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF CONTRACTOR TELEPHONE (800) 624-2932
Keith Kraatz
Power Equipment Distribution, Inc.
69250 Burke Drive
Richmond, MI 48062 BUYER (517) 373-6535
kkraatz@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William Walsh (517) 373-6535
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD 3 Years From: April 15, 2006 To: March 31, 2010
TERMS SHIPMENT
Net 30 Days 15-45 Days – ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
THIS CONTRACT IS FOR USE BY LOCAL UNITS OF GOVERNMENT ONLY. ORDERS WILL BE
PLACED BY LOCAL UNITS OF GOVERNMENT AS REQUIRED.
NATURE OF CHANGE (S):
Effective January 15, 2009, the Contractor contact for this Contract is hereby CHANGED
to Keith Kraatz (800) 624-2932.
Effective January 15, 2009, this Contract is hereby EXTENDED to March 31, 2010, per
section 2.004 of the Terms and Conditions of the Contract.
The following prices are effective for 2009:
EXMARK MICHIGAN PRICING 2009
MODEL DESCRIPTION LIST $ DISCOUNT STATE $
Model Description
Metro 21" Walk Behind
MSHN21 21” 5.5 HP Honda. Self Prop. w/ Bag & Mulching System $ 1,542.00 28% $1,110.24
MSHN21B 21" 5.5 HP Honda Self-Prop. BBC w/Bag & Mulching System $ 1,664.00 28% $1,198.08
MPKA21 21" 6.0 HP Kaw. Hand Push w/Bag & Mulching System $ 1,198.00 28% $862.56
MSKA21 21” 6.0 HP Kaw. Self Prop. w/ Bag & Mulching System $ 1,309.00 28% $942.48
MSKA21B 21” 6.0 HP Kaw. Self Prop. BBC w/ Bag & Mulching System $ 1,431.00 28% $1,030.32
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE TWO
Model Description
Metro 26" Walk Behind
MS6KA26B 26" 6.0 HP Kawasaki Self Propelled-BBC $ 1,719.00 28% $1,237.68
Model Description
Metro 5-Speed Double Belt Drive
M15KA322P 32" 15 HP Kawasaki Twin - Pistol Grip Handles - Single B Belt $ 3,440.00 28% $2,476.80
M15KA362 36" 15 HP Kawasaki - Twin - ECS $ 3,773.00 28% $2,716.56
M15KA362P 36" 15 HP Kawasaki Twin - Pistol Grip Handles $ 3,773.00 28% $2,716.56
M15KA483 48" 15 HP Kawasaki - Twin - ECS $ 3,995.00 28% $2,876.40
M15KA483P 48" 15 HP Kawasaki - Twin - Pistol Grip Handles $ 3,995.00 28% $2,876.40
Model Description
Viking Hydro - All Models now with ECS(Enhanced Control System)
VH15KA362 36" 15 HP Kawasaki Twin $ 5,993.00 28% $4,314.96
VH15KA483 48" 15 HP Kawasaki Twin $ 6,215.00 28% $4,474.80
Model Description
Turf Tracer HP
THP15KA363 36" 15 HP Kawasaki Twin $ 6,659.00 28% $4,794.48
THP17KA483 48" 17 HP Kawasaki Twin $ 7,325.00 28% $5,274.00
THP19KAE483 48" 19 HP Kawasaki - Electric Start $ 7,847.00 28% $5,649.84
THP17KA523 52" 17 HP Kawasaki Twin $ 7,602.00 28% $5,473.44
THP19KAE523 52" 19 HP Kawasaki - Electric Start $ 8,091.00 28% $5,825.52
Model Description
Turf Tracer Hydro
TT20KCE Power Unit Only 20 HP Kohler Command - Elec Start $ 6,326.00 28% $4,554.72
TT23KAE Power Unit Only 23 HP Kawasaki Twin - Elec Start $ 6,881.00 28% $4,954.32
Model Description
Turf Tracer Decks
FMD524 52" Full Floating Mower Deck $ 2,441.00 28% $1,757.52
FMD604 60" Full Floating Mower Deck $ 2,552.00 28% $1,837.44
Model Description
Front Runner Power Unit
FR20KC Out-Front Zero Turn Power Unit Only 20 HP Kohler
Command $ 8,213.00 28% $5,913.36
FR23KC Out-Front Zero Turn Power Unit Only 23 HP Kohler
Command $ 9,323.00 28% $6,712.56
FR25KD Out-Front Zero Turn Power Unit Only 25 HP Kubota Diesel $ 13,596.00 28% $9,789.12
FR27KC Out-Front Zero Turn Power Unit Only 27 HP Kohler
Command $ 11,654.00 28% $8,390.88
FR31BV Out-Front Zero Turn Power Unit Only 31 HP Briggs
Vanguard $ 12,431.00 28% $8,950.32
Front Runner Decks
FR524 52" Full Floating Deck $ 2,885.00 28% $2,077.20
FR604 60" Full Floating Deck $ 2,774.00 28% $1,997.28
FR724 72" Full Floating Deck $ 2,996.00 28% $2,157.12
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE THREE
Model Description
Navigator Power Units
NAV20KC 20 HP Kohler Command Tractor Unit 9.5 bu. Collection
Hopper $ 11,099.00 28% $7,991.28
NAV27KC 27 HP Kohler Command Tractor Unit 9.5 bu. Collection
Hopper $ 12,209.00 28% $8,790.48
Navigator Decks
CD42CD 42" Center Discharge Cutting Deck w/h /d gear driven spindle
assy. $ 2,885.00 28% $2,077.20
CD48CD 48" Center Discharge Cutting Deck w/h /d gear driven spindle
assy. $ 2,996.00 28% $2,157.12
Model Description
Phazer
PHZ19KA343 34" 19HP Kawasaki V-Twin $ 6,659.00 28% $4,794.48
Model Description
Lazer Z HP Series
LHP19KA465 46" 19 HP Kawasaki - Twin - Platform Mower $ 8,324.00 28% $5,993.28
LHP23KA465 46" 23 HP Kawasaki - Twin - Platform Mower $ 8,879.00 28% $6,392.88
LHP19KA505 50" 19 HP Kawasaki - Twin - Platform Mower $ 8,435.00 28% $6,073.20
LHP23KA505 50" 23 HP Kawasaki Twin - Platform Mower $ 9,711.00 28% $6,991.92
LHP27KC505 50" 27 HP Kohler Command - Platform Mower $ 10,266.00 28% $7,391.52
LHP27KV523 52" 27 HP Kohler Command - Series 3 Deck $ 9,167.00 28% $6,600.24
LHP23KA565 56" 23 HP Kawasaki Twin - Platform Mower $ 9,989.00 28% $7,192.08
LHP27KC565 56" 27 HP Kohler Command - Platform Mower $ 10,655.00 28% $7,671.60
Model Description
Lazer Z - Advantage Series
LAS25KC604 60" 25 HP Kohler Command $ 9,933.00 28% $7,151.76
LAS28KA524 52" 28HP Kawasaki Twin $ 10,266.00 28% $7,391.52
LAS28KA604 60" 28HP Kawasaki Twin $ 10,544.00 28% $7,591.68
LAS28KA724 72" 28HP Kawasaki Twin $ 11,099.00 28% $7,991.28
Model Description
Lazer Z
LZ23KC605 60" 23 HP Kohler Command - Platform Mower - HD Air
Cleaner $ 10,322.00 28% $7,431.84
LZ27KC605 60" 27HP Kohler Command - Platform Mower - HD Air
Cleaner $ 11,709.00 28% $8,430.48
LZ31BV605 60" 31HP Briggs Vanguard - Platform Mower $ 12,209.00 28% $8,790.48
LZ28KA665 66" 28HP Kawasaki Twin - Platform Mower $ 11,210.00 28% $8,071.20
LZ31BV665 66" 31HP Briggs Vanguard - Platform Mower $ 12,431.00 28% $8,950.32
LZ31BV725 72" 31HP Briggs Vanguard - Platform Mower $ 12,764.00 28% $9,190.08
Model Description
Next Lazer Z - Advantage Series
LZAS20BV484 48" 20HP Briggs Vangaurd - UltraCut Deck $ 8,879.00 28% $6,392.88
LZAS20KC484 48" 20HP Kohler Command - UltraCut Deck $ 9,323.00 28% $6,712.56
LZAS23KC524 52" 23HP Kohler Command - UltraCut Deck $ 9,878.00 28% $7,112.16
LZAS27KC524 52" 27HP Kohler Command - UltraCut Deck $ 10,433.00 28% $7,511.76
LZAS25KC604 60" 25HP Kohler Command - UltraCut Deck $ 10,766.00 28% $7,751.52
LZAS27KC604 60" 27HP Kohler Command - UltraCut Deck $ 11,099.00 28% $7,991.28
LZAS26LKA604 60" 26HP Kawasaki Liquid Cool - UltraCut Deck $ 11,876.00 28% $8,550.72
LZAS29KA724 72" 29HP Kawasaki Twin - UltraCut Deck $ 11,876.00 28% $8,550.72
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE FOUR
Model Description
Next Lazer Z
LZZ23KC486 48" 23HP Kohler Command - 6 Series Deck $ 10,433.00 28% $7,511.76
LZZ23KA526 52" 23HP Kawasaki Twin - 6 Series Deck $ 10,988.00 28% $7,911.36
LZZ23KC526 52" 23HP Kohler Command - 6 Series Deck $ 10,766.00 28% $7,751.52
LZZ27KC526 52" 27HP Kohler Command - 6 Series Deck $ 11,210.00 28% $8,071.20
LZZ27KC606 60" 27HP Kohler Command - 6 Series Deck $ 11,987.00 28% $8,630.64
LZZ29KA606 60" 29HP Kawasaki Twin - 6 Series Deck $ 12,209.00 28% $8,790.48
LZZ34KA606 60" 34HP Kawasaki Twin - 6 Series Deck $ 12,875.00 28% $9,270.00
LZZ34KA726 72" 34HP Kawasaki Twin - 6 Series Deck $ 13,319.00 28% $9,589.68
Model Description
Lazer Z XS
LXS25KD605 60" 25 HP Kubota Diesel - Platform Mower $ 17,315.00 28% $12,466.80
LXS25KD665 66" 25 HP Kubota Diesel - Platform Mower $ 17,648.00 28% $12,706.56
LXS25KD725 72" 25 HP Kubota Diesel - Platform Mower $ 18,203.00 28% $13,106.16
LXS35BV605 60" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 14,762.00 28% $10,628.64
LXS35BV665 66" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 14,984.00 28% $10,788.48
LXS35BV725 72" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 15,539.00 28% $11,188.08
Model Description
Ultra Vac Collection System
Ultra Vac Material Collection Systems for Lazer Z & Lazer XS
UV60 Ultra Vac for 60" Lazer Z - Requires Drive Kit $ 2,799.00 20% $2,239.20
UVD60 Ultra Vac Quick Dump for 60" Lazer Z - Requires Drive Kit $ 3,099.00 20% $2,479.20
UV6672 Ultra Vac for 66" & 72" Lazer Z - Requires Drive Kit $ 2,799.00 20% $2,239.20
UVD6672 Ultra Vac Quick Dump for 66" & 72" Lazer Z - Requires Drive Kit $ 3,099.00 20% $2,479.20
Next Gen Lazer Ultra Vac Material Collection Systems
LZUV2B Ultra Vac for 48" & 52” NLZ - Requires Drive Kit $ 1,999.00 20% $1,599.20
LZUVQD7 Ultra Vac Quick Dischare for 48" & 52" NLZ - Requires Drive Kit $ 2,599.00 20% $2,079.20
LZUV3B Ultra Vac for 60" & 72” NLZ - Requires Drive Kit $ 2,899.00 20% $2,319.20
LZUVQD11 Ultra Vac Quick Dischare for 60" & 72" NLZ - Requires Drive Kit $ 3,099.00 20% $2,479.20
Model Description
Ultra Vac Drive Kits
103-5633 Front Weight Kit for ALL 2003 Lazer Z's wFoldable ROPS and
Prior $ 199.00 20% $159.20
109-1167 Completing Kit Lazer Z 60" & Lazer Z XS 60" $ 149.00 20% $119.20
109-1168 Completing Kit Lazer Z 66" & 72" and Lazer Z XS 66" $ 199.00 20% $159.20
109-1169 Completing Kit Lazer Z 72" & Lazer Z XS 72" $ 199.00 20% $159.20
109-1193 Completing Kit Lazer Z XS & XP 60" $ 299.00 20% $239.20
109-1194 Completing Kit Lazer Z XS & XP 72" $ 249.00 20% $199.20
109-9622 Completing Kit Lazer Z 66" & 72" and Lazer Z XS 66" $ 99.00 20% $79.20
109-9623 Completing Kit Lazer Z 72" & Lazer Z XS 72" $ 99.00 20% $79.20
109-9624 Completing Kit Lazer Z XS & XP 60" $ 99.00 20% $79.20
109-9625 Completing Kit Lazer Z XS & XP 72" $ 99.00 20% $79.20
109-9626 Completing Kit Lazer Z 66" & 72" and Lazer Z XS 66" $ 99.00 20% $79.20
109-9627 Completing Kit Lazer Z 72" & Lazer Z XS 72" $ 99.00 20% $79.20
109-9628 Completing Kit Lazer Z XS & XP 60" $ 99.00 20% $79.20
109-9629 Completing Kit Lazer Z XS & XP 72" $ 99.00 20% $79.20
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE FIVE
Model Description
Mulching Kits
MK26 26" Mulching Kit for Metro 26" Mowers $ 79.00 20% $63.20
MK322 32” Mulching Kit for Metro Mowers & VH Mowers 102,000 and
up $ 199.00 20% $159.20
MK343 Mulch Kit 34" Phazer Units $ 199.00 20% $159.20
MK362 36” Mulching Kit for Metro, Viking and Viking Hydro
Mowers115,000 and up $ 199.00 20% $159.20
MK363Q 36” Mulching Kit for Turf Tracer HP and Metro HP Mowers $ 199.00 20% $159.20
MKNAV42 Mulch Kit 42" Navigator Units $ 279.00 20% $223.20
MK443Q 44” Mulching Kit for Lazer Z CT & HP Mowers $ 199.00 20% $159.20
MK465 46" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
MK483Q 48” Mulching Kit for Turf Tracer HP, (Metro & Metro HP, Viking
Hydro S/N 160000 & Above) and Lazer Z CT & HP Mowers $ 249.00 20% $199.20
MKNAV48 Mulch Kit 48" Navigator Units $ 279.00 20% $223.20
MK505 50" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
MK523Q 52" Mulching Kit for FMD 160,000 thru 319,999-Metro HP,
Viking Hydro, Turf Tracer HP & Lazer CT-Lazer HP 130,000 thru
599,999-Lazer Z 130,000 thru 259,999
$ 249.00 20% $199.20
MK524Q 52" Mulching Kit for Lazer Z Mowers S/N 260,000 thru 599,999-
FMD mowers (s/n 320,000 and up) and FR524 $ 249.00 20% $199.20
MK565 56" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
MK603Q 60" Mulching Kit for Lazer Z 130,000 thru 189,999-Lazer CT
600,000 and up-FMD 130,000 thru 319,000 $ 249.00 20% $199.20
MK604Q 60" Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer XS &
XP 260,000 thru 599,999-FMD Mowers 320,000 & above and
FR604
$ 249.00 20% $199.20
MK605 60" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
MK665 66" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
MK724Q 72” Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer XS &
XP 260,000 thru 599,999 and FR724 $ 249.00 20% $199.20
MK725 72" Mulching Kit for 600,000 and up $ 249.00 20% $199.20
Model Description
Accessories for Walk Behind Mowers
GC36MC Catcher 32", 36", 44", 48", 52" and 60" $ 299.00 20% $239.20
STANDON EZRider Stand On $ 499.00 20% $399.20
103-2637 Weight Kit f/all Intermediate Walk-Behind Units $ 129.00 20% $103.20
(two weights, 9.2# each)
109-5615 LazerLocker for Walk Behind Units $ 129.00 20% $103.20
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE SIX
Model Description
Accessories for Riding Mowers
LS SEAT NEW Lumbar Suspension w/Adjustment $ 549.00 20% $439.20
OCD01 Operator Control Discharge - Triton $ 279.00 20% $223.20
OCD02 Operator Control Discharge - Triton $ 279.00 20% $223.20
TC25 2.5 Gallon Trash Container (Nylon Mesh) Fits All Riders $ 59.00 20% $47.20
TC26 Trash Holder Kit $ 49.00 20% $39.20
1-641284 Cup Holder $ 29.00 20% $23.20
103-4754 NEW Comfort Ride Seat Suspension (CRSS) $ 249.00 20% $199.20
109-5614 LazerLocker for Riding Units $ 139.00 20% $111.20
109-9694 12Volt Adapter - NLZ $ 43.00 20% $34.40
116-0062 Comfort Ride Seat - NLZ $ 279.00 20% $223.20
116-0513 Sunshade Kit $ 199.00 20% $159.20
116-0750 Full Suspension Seat - NLZ $ 499.00 20% $399.20
116-0781 Light Kit ROPS $ 249.00 20% $199.20
Hitch Kit
109-9487 NLZ Hitch Kit $ 49.00 20% $39.20
1-651234 Lazer Z HP & CT Hitch Kit $ 89.00 20% $71.20
1-631665 Lazer Z Hitch Kit $ 79.00 20% $63.20
103-9565 Lazer Z XP and XS Hitch Kit $ 99.00 20% $79.20
Deck Lift Assist
103-0149 Deck Lift Assist for Lazer Z 52", 60" , 72" & Lazer XP 319,999
and below $ 149.00 20% $119.20
103-8593 Deck lift assist for all Lazer AS also Lazer Z, XS, XP 320,000 and
Up $ 99.00 20% $79.20
Model Description
TURF STRIPING KITS
109-5080 Fits 72" NLZ $ 249.00 20% $199.20
109-5081 Fits 48",52" & 60" NLZ $ 249.00 20% $199.20
STR605 Fits 56" & 60" Lazer Z 600,000 and up $ 379.00 20% $303.20
STR665-725 Fits 66" & 72" Lazer Z 600,000 and up $ 379.00 20% $303.20
STRFMD Fits FMD Decks 523,524,603,604 on Turf Tracer Hydros $ 379.00 20% $303.20
STRHPW36 E-Z Striper Kit Fits 36" TTHP & MHP Units $ 379.00 20% $303.20
STRHPW48 E-Z Striper Kit Fits 48" & 52" TTHP & MHP Units $ 379.00 20% $303.20
STRLZ60 E-Z Striper Kit Fits Lazer Z 60" Units 599,999 and below and All
Lazer Z AS 60" models $ 379.00 20% $303.20
STRLZ60XP E-Z Striper Kit Fits Lazer Z XS & XP 60" Units 599,999 and
below $ 379.00 20% $303.20
STRLZ72 E-Z Striper Kit Fits Lazer Z & Lazer Z XS & XP 72" Units
599,999 and below $ 379.00 20% $303.20
Model Description
FrontRunner Accessories
FRLKIT Light Kit, two 35 halogen bulbs and wiring harness. Fits all
FrontRunner units $ 249.00 20% $199.20
FRCRSS Front Runner Seat $ 279.00 20% $223.20
Snow Accessories
FRSBFRM01 Front Runner Sub Frame $ 442.00 20% $353.60
FRSBLD64 64" Snow Blower $ 699.00 20% $559.20
Collection Systems
FRUVD Collection System $ 2,799.00 20% $2,239.20
FRCK524 52" Completing Kit $ 129.00 20% $103.20
FRCK604 60" Completing Kit $ 129.00 20% $103.20
FRCK724 72" Completing Kit $ 129.00 20% $103.20
CONTRACT #071B6200239
CHANGE NOTICE #4 - PAGE SEVEN
Model Description
Navigator Accessories
103-9005 Dual SP Rear Caster Kit $ 199.00 20% $159.20
103-9007 Narrow Drive Tires Kit $ 299.00 20% $239.20
109-5458 Fill Reduction Kit $ 89.00 20% $71.20
FRPSNAV Navigator ROPS $ 499.00 20% $399.20
NAVLKIT Light Kit $ 279.00 20% $223.20
NAVSUBFRM01 Sub Frame $ 999.00 20% $799.20
NAVSBLWR44 44" Snow Blower $ 2,399.00 20% $1,919.20
NAVSBLD48 48" Snow Blade $ 499.00 20% $399.20
Model Description
Phazer Accessories
AS34 Anti-scalp roller kit for 34" Phazer Units ( 2 rollers per kit ) $ 69.00 20% $55.20
GC3444 Side Bagger for 34" & 44" Units $ 349.00 20% $279.20
MK343 Mulch Kit 34" Units $ 199.00 20% $159.20
MK443Q Mulch Kit 44" Units $ 199.00 20% $159.20
109-3760 Phazer Hitch Kit $ 69.00 20% $55.20
All other specifications, prices, terms, and conditions remain the same.
AUTHORITY/REASON:
Per Contractor agreement (fax dated 1/14/09), and DMB/Purchasing Operations’ approval.
CURRENT AUTHORIZED SPEND LIMIT REMAINS: $ 0.00
Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET June 20, 2008
PURCHASING OPERATIONS
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
CHANGE NOTICE NO. 3
TO
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF VENDOR TELEPHONE (800) 624-2932
Beverly DeVriendt
Power Equipment Distribution, Inc.
69250 Burke Drive
Richmond, MI 48062 BUYER (517) 373-6535
Bdevriendt@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William Walsh (517) 373-6535
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD 3 Years From: April 15, 2006 To: March 31, 2009
TERMS SHIPMENT
Net 30 Days 15-45 Days – ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
THIS CONTRACT IS FOR USE BY LOCAL UNITS OF GOVERNMENT ONLY. ORDERS
WILL BE PLACED BY LOCAL UNITS OF GOVERNMENT AS REQUIRED.
NATURE OF CHANGE (S):
Please Note the following Changes:
1. State Administrative Fee address for checks and reports has been changed to the
following:
Department of Management and Budget
Financial Services – Cashier Unit
Lewis Cass Building
320 South Walnut Street
P.O. Box 30681
Lansing, MI 48909
Make all checks payable to: State of Michigan
All other specifications, prices, terms, and conditions remain the same.
AUTHORITY/REASON:
Per DMB Purchasing Operations
INCREASE: $0.00
TOTAL ESTIMATED CONTRACT VALUE REMAINS: $ 0.00
Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET December 13, 2007
PURCHASING OPERATIONS
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
CHANGE NOTICE NO. 2
TO
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF VENDOR TELEPHONE (800) 624-2932
Beverly DeVriendt
Power Equipment Distribution, Inc. VENDOR NUMBER/MAIL CODE
69250 Burke Drive
Richmond, MI 48062 BUYER (517) 373-6535
Bdevriendt@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William Walsh (517) 373-6535
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD 3 Years From: April 15, 2006 To: March 31, 2009
TERMS SHIPMENT
Net 30 Days 15-45 Days – ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
THIS CONTRACT IS FOR USE BY LOCAL UNITS OF GOVERNMENT ONLY. ORDERS
WILL BE PLACED BY LOCAL UNITS OF GOVERNMENT AS REQUIRED.
NATURE OF CHANGE(S):
Effective December 6, 2007, the following prices are effective for this Contract:
EXMARK MICHIGAN PRICING 2008
MODEL DESCRIPTION LIST $ DISCOUNT STATE $
METRO 21" WALK BEHIND MOWERS
MSHN21 21” 5.5 HP Honda. Self Prop. w/ Bag & Mulching System $ 1,475.00 28% $1,062.00
MSHN21B 21" 5.5 HP Honda Self-Prop. BBC w/Bag & Mulching
System $ 1,586.00 28% $1,141.92
MPKA21 21" 6.0 HP Kaw. Hand Push w/Bag & Mulching System $ 1,142.00 28% $822.24
MSKA21 21” 6.0 HP Kaw. Self Prop. w/ Bag & Mulching System $ 1,253.00 28% $902.16
MSKA21B 21” 6.0 HP Kaw. Self Prop. BBC w/ Bag & Mulching
System $ 1,364.00 28% $982.08
METRO 26" WALK BEHIND MOWERS
MS6KA26B 26" 6.0 HP Kawasaki Self Propelled-BBC $ 1,719.00 28% $1,237.68
CONTRACT NO. 071B6200239
CHANGE NOTICE NO. 2
PAGE TWO
METRO-5 SPEED WALK BEHIND MOWERS
M15KA322P 32" 15 HP Kawasaki Twin - Pistol Grip Handles - Single B
Belt $ 2,996.00 28% $2,157.12
M15KA362 36" 15 HP Kawasaki - Twin - ECS $ 3,329.00 28% $2,396.88
M15KA362P 36" 15 HP Kawasaki Twin - Pistol Grip Handles $ 3,329.00 28% $2,396.88
M15KA483 48" 15 HP Kawasaki - Twin - ECS $ 3,551.00 28% $2,556.72
M15KA483P 48" 15 HP Kawasaki - Twin - Pistol Grip Handles $ 3,551.00 28% $2,556.72
VIKING HYDRO WALK BEHIND MOWERS
VH15KA362 36" 15 HP Kawasaki Twin $ 5,327.00 28% $3,835.44
VH15KA483 48" 15 HP Kawasaki Twin $ 5,549.00 28% $3,995.28
TURF TRACER HP WALK BEHIND MOWERS
THP15KA363 36" 15 HP Kawasaki Twin $ 5,771.00 28% $4,155.12
THP17KA483 48" 17 HP Kawasaki Twin $ 6,437.00 28% $4,634.64
THP19KAE483 48" 19 HP Kawasaki - Electric Start $ 6,881.00 28% $4,954.32
THP17KA523 52" 17 HP Kawasaki Twin $ 6,659.00 28% $4,794.48
THP19KAE523 52" 19 HP Kawasaki - Electric Start $ 7,103.00 28% $5,114.16
TURF TRACER HYDRO WALK BEHIND MOWERS
TT20KCE Power Unit Only 20 HP Kohler Command-ES $ 5,549.00 28% $3,995.28
TT23KAE Power Unit Only 23 HP Kawasaki Twin - Elec Start $ 5,993.00 28% $4,314.96
TURF TRACER DECKS
FMD524 52" Full Floating Mower Deck $ 2,041.00 28% $1,469.52
FMD604 60" Full Floating Mower Deck $ 2,152.00 28% $1,549.44
FRONTRUNNER RIDING MOWER
FR23KC Out-Front Zero Turn Power Unit Only 23 HP Kohler
Command $ 9,323.00 28% $6,712.56
FR25KD Out-Front Zero Turn Power Unit Only 25 HP Kubota
Diesel $ 13,596.00 28% $9,789.12
FR27KC Out-Front Zero Turn Power Unit Only 27 HP Kohler
Command $ 10,423.00 28% $7,504.56
FR31BV Out-Front Zero Turn Power Unit Only 31 HP Briggs
Vanguard $ 10,988.00 28% $7,911.36
FRONTRUNNER DECKS
FR524 52" Full Floating Deck $ 2,496.00 28% $1,797.12
FR604 60" Full Floating Deck $ 2,607.00 28% $1,877.04
FR724 72" Full Floating Deck $ 2,829.00 28% $2,036.88
NAVIGATOR RIDING MOWER
NAV20KC 20 HP Kohler Command Tractor Unit 9.5 bu. Collection
Hopper $ 9,545.00 28% $6,872.40
NAV27KC 27 HP Kohler Command Tractor Unit 9.5 bu. Collection
Hopper $ 10,544.00 28% $7,591.68
NAVIGATOR DECKS
CD42CD 42" Center Discharge Cutting Deck w/h /d gear driven
spindle assy. $ 2,496.00 28% $1,797.12
CD48CD 48" Center Discharge Cutting Deck w/h /d gear driven
spindle assy. $ 2,607.00 28% $1,877.04
PHAZER
PHZ19KA343 34" 19HP Kawasaki V-Twin $ 5,771.00 28% $4,155.12
LAZER CT RIDING MOWERS
LCT18BV483 48" 18 HP Briggs Vanguard - V-Twin $ 6,792.00 28% $4,890.24
LCT21BV523 52" 21 HP Briggs Vanguard - V-Twin $ 7,358.00 28% $5,297.76
LCT23BV603 60" 23 HP Briggs Vanguard - V-Twin $ 7,935.00 28% $5,713.20
CONTRACT NO. 071B6200239
CHANGE NOTICE NO. 2
PAGE THREE
LAZER HP RIDING MOWERS
LHP19KA465 46" 19 HP Kawasaki - Twin - Platform Mower $ 7,769.00 28% $5,593.68
LHP23KA465 46" 23 HP Kawasaki - Twin - Platform Mower $ 8,879.00 28% $6,392.88
LHP23KA505 50" 23 HP Kawasaki Twin - Platform Mower $ 9,212.00 28% $6,632.64
LHP27KC505 50" 27 HP Kohler Command - Platform Mower $ 9,767.00 28% $7,032.24
LHP23KC523 52" 23 HP Kohler Command - Series 3 Deck $ 8,102.00 28% $5,833.44
LHP23KA565 56" 23 HP Kawasaki Twin - Platform Mower $ 9,545.00 28% $6,872.40
LHP27KC565 56" 27 HP Kohler Command - Platform Mower $ 10,100.00 28% $7,272.00
LAZER Z RIDING MOWERS
LAS25KC604 60" 25 HP Kohler Command $ 9,323.00 28% $6,712.56
LAS28KA524 52" 28HP Kawasaki Twin $ 9,656.00 28% $6,952.32
LAS28KA604 60" 28HP Kawasaki Twin $ 9,989.00 28% $7,192.08
LAS28KA724 72" 28HP Kawasaki Twin $ 10,433.00 28% $7,511.76
LZ27KC604 60" 27HP Kohler Command - Ultra Cut Deck - HD Air
Cleaner $ 10,988.00 28% $7,911.36
LZ27KC605 60" 27HP Kohler Command - Platform Mower - HD Air
Cleaner $ 10,988.00 28% $7,911.36
LZ28KA605 60" 28HP Kawasaki Twin - Platform Mower $ 11,099.00 28% $7,991.28
LZ28KC605 60" 28HP Kohler EFI - Platform Mower $ 11,654.00 28% $8,390.88
LZ31BV605 60" 31HP Briggs Vanguard - Platform Mower $ 11,432.00 28% $8,231.04
LZ31BV665 66" 31HP Briggs Vanguard - Platform Mower $ 11,654.00 28% $8,390.88
LZ31BV725 72" 31HP Briggs Vanguard - Platform Mower $ 11,987.00 28% $8,630.64
LAZER XS RIDING MOWERS
LXS25KD605 60" 25 HP Kubota Diesel - Platform Mower $ 14,762.00 28% $10,628.64
LXS25KD665 66" 25 HP Kubota Diesel - Platform Mower $ 14,873.00 28% $10,708.56
LXS25KD725 72" 25 HP Kubota Diesel - Platform Mower $ 15,428.00 28% $11,108.16
LXS29LKA605 60" 29 HP Kawasaki - Liquid Cooled - Digital Fuel
Injection - Platform Mower $ 13,874.00 28% $9,989.28
LXS29LKA725 72" 29 HP Kawasaki - Liquid Cooled - Digital Fuel
Injection - Platform Mower $ 14,429.00 28% $10,388.88
LXS35BV605 60" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 12,875.00 28% $9,270.00
LXS35BV665 66" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 12,986.00 28% $9,349.92
LXS35BV725 72" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 13,541.00 28% $9,749.52
ULTRA VAC'S
LCTUV Ultra Vac Collection System for 48” & 52" & 60" Lazer CT $ 1,109.00 28% $798.48
LHPUV4448 Ultra Vac Collection System for 44” & 48” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD4448 Quick Discharge Ultra Vac Coll. System for 44” & 48” Lazer Z
HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LHPUV4650 Ultra Vac Collection System for 46” & 50” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD4650 Quick Discharge Ultra Vac Coll. System for 46” & 50” Lazer Z
HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LHPUV5256 Ultra Vac Collection System for 52" & 56” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD5256 Quick Discharge Ultra Vac Collection System for 52" & 56”
Lazer Z HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LZUV52 Ultra Vac Collection System for 52” Lazer Z AS - Requires
Drive Kit $ 1,664.00 28% $1,198.08
UV60 Ultra Vac for 60" Lazer Z - Requires Drive Kit $ 2,663.00 28% $1,917.36
UVD60 Ultra Vac Quick Dump for 60" Lazer Z - Requires Drive Kit $ 2,996.00 28% $2,157.12
UV6672 Ultra Vac for 66" & 72" Lazer Z - Requires Drive Kit $ 2,663.00 28% $1,917.36
UVD6672 Ultra Vac Quick Dump for 66" & 72" Lazer Z - Requires Drive
Kit $ 2,996.00 28% $2,157.12
CONTRACT NO. 071B6200239
CHANGE NOTICE NO. 2
PAGE FOUR
ULTRA VAC'S DRIVE KIT'S
103-1314 Drive Kit for 48" Lazer Z HP Serial # 203377 & Above $ 109.00 20% $87.20
103-1315 Drive Kit for 44” Lazer Z HP $ 109.00 20% $87.20
103-1317 Drive Kit for 52” Lazer Z HP $ 109.00 20% $87.20
103-2997 Drive Kit for 52" Full Size Lazer Z $ 299.00 20% $239.20
103-5629 Front Weight Kit f/ALL LHP's Equipped w/Foldable ROPS $ 149.00 20% $119.20
103-5633 Front Weight Kit for ALL 2003 Lazer Z's wFoldable ROPS
and Prior $ 179.00 20% $143.20
103-7416 Drive Kit for 52" Lazer Z Serial 510000 & Above w/weights $ 299.00 20% $239.20
103-7419 Kit to mount UV60/72C or UVD60/72C to Lazer Z below
510000 $ 69.00 20% $55.20
103-7420 Kit to mount UV60C or UVD60C to Lazer XP $ 199.00 20% $159.20
103-7876 Kit to mount UV60C or UVD60C to Lazer XS $ 79.00 20% $63.20
109-1013 Completing Kit Lazer HP 46" $ 129.00 20% $103.20
109-1014 Completing Kit Lazer HP 50" $ 129.00 20% $103.20
109-1015 Completing Kit Lazer HP 56" $ 129.00 20% $103.20
109-1167 Completing Kit Lazer Z 60" & Lazer Z XS 60" $ 129.00 20% $103.20
109-1168 Completing Kit Lazer Z 66" & 72" and Lazer Z XS 66" $ 129.00 20% $103.20
109-1169 Completing Kit Lazer Z 72" & Lazer Z XS 72" $ 129.00 20% $103.20
109-1179 Completing Kit Lazer Z 604 Deck $ 199.00 20% $159.20
109-1185 Completing Kit Lazer HP 52" $ 199.00 20% $159.20
109-1189 Completing Kit Lazer Z 604 Deck $ 199.00 20% $159.20
109-1191 Completing Kit Lazer Z 72" $ 199.00 20% $159.20
109-1193 Completing Kit Lazer Z XS & XP 60" $ 199.00 20% $159.20
109-1194 Completing Kit Lazer Z XS & XP 72" $ 199.00 20% $159.20
109-1267 Completing Kit Lazer Z CT 44" & 48" $ 99.00 20% $79.20
109-1268 Completing Kit Phazer Z 44" $ 99.00 20% $79.20
109-1269 Completing Kit Lazer Z CT 52" $ 99.00 20% $79.20
109-2203 Floor Weight ( Lazer ZXS - LC Only ) $ 69.00 20% $55.20
109-2691 Park Brake Kit (required on all LCTUV Ultra Vac's) $ 121.00 20% $96.80
FRONTRUNNER ACCESSORIES
BLT24 24 x 12 x 12 Bar Lug Tires w/Rims Set (Includes Left & Right
Hand Tires) $ 275.00 20% $220.00
FRDTWA Dual Tail Wheel Assembly $ 349.00 20% $279.20
FRDTWK Dual Tail Wheel Kit $ 449.00 20% $359.20
FRSTWA Single Tail Wheel Mounting Bracket $ 99.00 20% $79.20
FRSTWK Single Tail Wheel Kit $ 229.00 20% $183.20
FRLKIT Light Kit, two 35 halogen bulbs and wiring harness. Fits all
Front Runner units $ 199.00 20% $159.20
FRCRSS Front Runner Seat $ 249.00 20% $199.20
109-4600 Front Runner Floor Pan Extender $ 49.00 20% $39.20
FRSBFRM01 Front Runner Sub Frame $ 417.00 20% $333.60
FRRBRM60 60" Broom $ 2,999.00 20% $2,399.20
FRSBLWR54 54" Snow Blower $ 2,499.00 20% $1,999.20
FRSBLD64 64" Snow Blower $ 599.00 20% $479.20
FRUVD Collection System $ 2,399.00 20% $1,919.20
FRCK524 52" Completing Kit $ 99.00 20% $79.20
FRCK604 60" Completing Kit $ 99.00 20% $79.20
FRCK724 72" Completing Kit $ 99.00 20% $79.20
CONTRACT NO. 071B6200239
CHANGE NOTICE NO. 2
PAGE FIVE
NAVIGATOR ACCESSORIES
103-9005 Dual SP Rear Caster Kit $ 199.00 20% $159.20
103-9007 Narrow Drive Tires Kit $ 249.00 20% $199.20
109-5458 Fill Reduction Kit $ 89.00 20% $71.20
FRPSNAV Navigator ROPS $ 399.00 20% $319.20
NAVLKIT Light Kit $ 199.00 20% $159.20
NAVSUBFRM0
1 Sub Frame $ 930.00 20% $744.00
NAVSBLWR44 44" Snow Blower $ 2,200.00 20% $1,760.00
NAVSBLD48 48" Snow Blade $ 465.00 20% $372.00
PHAZER ACCESSORIES
AS34 Anti-scalp roller kit for 34" Phazer Units ( 2 rollers per kit ) $ 59.00 20% $47.20
GC3444 Side Bagger for 34" & 44" Units $ 299.00 20% $239.20
MK343 Mulch Kit 34" Units $ 159.00 20% $127.20
MK443Q Mulch Kit 44" Units $ 159.00 20% $127.20
109-3760 Phazer Hitch Kit $ 69.00 20% $55.20
ACCESSORIE
S
GC36MC Catcher 32", 36", 44", 48", 52" and 60" $ 299.00 20% $239.20
STANDON EZRider Stand On $ 399.00 20% $319.20
103-2637 Weight Kit f/all Intermediate Walk-Behind Units $ 109.00 20% $87.20
109-5615 LazerLocker for Walk Behind Units $ 129.00 20% $103.20
ARKIT Arm Rest Kit for Lazer CT $ 99.00 20% $79.20
FRPSLKIT Light Kit - Fits all riders with foldable ROPS $ 199.00 20% $159.20
FRPSSHADE Sunshade - Fits all riders with foldable ROPS $ 299.00 20% $239.20
LCTSB Lazer CT 56" Pivoting Snow Blade $ 399.00 20% $319.20
LS SEAT NEW Lumbar Suspension w/Adjustment $ 549.00 20% $439.20
OCD01 Operator Control Discharge - Triton $ 279.00 20% $223.20
TC25 2.5 Gallon Trash Container (Nylon Mesh) Fits All Riders $ 49.00 20% $39.20
1-641284 Cup Holder $ 19.00 20% $15.20
103-4754 NEW Comfort Ride Seat Suspension (CRSS) $ 249.00 20% $199.20
109-5614 LazerLocker for Riding Units $ 139.00 20% $111.20
ACCESSORIES - DECK LIFTS
103-0149 Deck Lift Assist for Lazer Z 52", 60" , 72" & Lazer XP
319,999 and below $ 99.00 20% $79.20
103-8593 Deck lift assist for all Lazer AS also Lazer Z, XS, XP 320,000
and Up $ 99.00 20% $79.20
ACCESSORIES - HITCH KITS
1-651234 Lazer Z HP & CT Hitch Kit $ 69.00 20% $55.20
1-631665 Lazer Z Hitch Kit $ 69.00 20% $55.20
103-9565 Lazer Z XP and XS Hitch Kit $ 99.00 20% $79.20
MULCH KIT'S
MK26 26" Mulching Kit for Metro 26" Mowers $ 69.00 20% $55.20
MK322 32” Mulching Kit for Metro Mowers & VH Mowers 102,000
and up $ 159.00 20% $127.20
MK343 Mulch Kit 34" Phazer Units $ 159.00 20% $127.20
MK362 36” Mulching Kit for Metro, Viking and Viking Hydro
Mowers115,000 and up $ 159.00 20% $127.20
MK363Q 36” Mulching Kit for Turf Tracer HP and Metro HP Mowers $ 159.00 20% $127.20
MKNAV42 Mulch Kit 42" Navigator Units $ 199.00 20% $159.20
MK443Q 44” Mulching Kit for Lazer Z CT & HP Mowers $ 159.00 20% $127.20
MK465 46" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
CONTRACT NO. 071B6200239
CHANGE NOTICE NO. 2
PAGE SIX
MK483Q 48” Mulching Kit for Turf Tracer HP, (Metro & Metro HP,
Viking Hydro S/N 160000 & Above) and Lazer Z CT & HP
Mowers
$ 179.00 20% $143.20
MKNAV48 Mulch Kit 48" Navigator Units $ 199.00 20% $159.20
MK505 50" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK523Q 52" Mulching Kit for FMD 160,000 thru 319,999-Metro HP,
Viking Hydro, Turf Tracer HP & Lazer CT-Lazer HP 130,000
thru 599,999-Lazer Z 130,000 thru 259,999
$ 179.00 20% $143.20
MK524Q 52" Mulching Kit for Lazer Z Mowers S/N 260,000 thru
599,999-FMD mowers (s/n 320,000 and up) and FR524 $ 179.00 20% $143.20
MK565 56" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK603Q 60" Mulching Kit for Lazer Z 130,000 thru 189,999-Lazer CT
600,000 and up-FMD 130,000 thru 319,000 $ 179.00 20% $143.20
MK604Q 60" Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer XS
& XP 260,000 thru 599,999-FMD Mowers 320,000 & above
and FR604
$ 179.00 20% $143.20
MK605 60" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK665 66" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK724Q 72” Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer XS
& XP 260,000 thru 599,999 and FR724 $ 179.00 20% $143.20
MK725 72" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
STRIPER
KIT'S
STR605 Fits 56" & 60" Lazer Z 600,000 and up $ 299.00 20% $239.20
STR665-725 Fits 66" & 72" Lazer Z 600,000 and up $ 299.00 20% $239.20
STRFMD Fits FMD Decks 523,524,603,604 on Turf Tracer Hydros $ 299.00 20% $239.20
STRHPW36 E-Z Striper Kit Fits 36" TTHP & MHP Units $ 299.00 20% $239.20
STRHPW48 E-Z Striper Kit Fits 48" & 52" TTHP & MHP Units $ 299.00 20% $239.20
STRLHP44 E-Z Striper Kit Fits Lazer Z CT & HP 44" Units $ 299.00 20% $239.20
STRLHP48 E-Z Striper Kit Fits Lazer Z CT & HP 48" Units $ 299.00 20% $239.20
STRLHP5 Fits 46"- 50"- 56" Lazer HP & Lazer Z $ 299.00 20% $239.20
STRLHP52 E-Z Striper Kit Fits Lazer Z CT & HP 52" Units $ 299.00 20% $239.20
STRLZ52 E-Z Striper Kit Fits Lazer Z & Lazer Z AS 52" Units $ 299.00 20% $239.20
STRLZ60 E-Z Striper Kit Fits Lazer Z 60" Units 599,999 and below and
All Lazer Z AS 60" models $ 299.00 20% $239.20
STRLZ60XP E-Z Striper Kit Fits Lazer Z XS & XP 60" Units 599,999 and
below $ 299.00 20% $239.20
STRLZ72 E-Z Striper Kit Fits Lazer Z & Lazer Z XS & XP 72" Units
599,999 and below $ 299.00 20% $239.20
All other Terms, Conditions and Pricing not noted above shall remain the same.
AUTHORITY/REASON: Per e-mail request from Keith Kraatz, Power Equipment Distributors
dated 12/5/07.
INCREASE: $0.00
TOTAL ESTIMATED CONTRACT VALUE REMAINS: $ 0.00
Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET February 9, 2007
PURCHASING OPERATIONS
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
CHANGE NOTICE NO. 1
TO
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF VENDOR TELEPHONE (800) 624-2932
Power Equipment Distribution, Inc. Beverly DeVriendt
69250 Burke Drive VENDOR NUMBER/MAIL
CODE
Richmond, MI 48062
BUYER (517) 373-6535
Email: Bdevriendt@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William Walsh (517) 373-6535
CS138#
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD 3
Years From: April 15, 2006 To: March 31, 2009
TERMS SHIPMENT
Net 30 Days
15-45 Days –ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
THIS CONTRACT IS FOR USE BY LOCAL UNITS OF GOVERNMENT ONLY. ORDERS
WILL BE PLACED BY LOCAL UNITS OF GOVERNMENT AS REQUIRED.
NATURE OF CHANGE(S):
Effective February 9, 2007, the following prices are effective for this Contract:
EXMARK MICHIGAN PRICING 2007
MODEL DESCRIPTION LIST $ DISCOUNT STATE $
METRO 21" WALK
BEHIND MOWERS
MSHN21 21” 5.5 HP Honda. Self Prop. w/ Bag & Mulching System $ 1,442.00 28% $1,038.24
MSHN21B 21" 5.5 HP Honda Self-Prop. BBC w/Bag & Mulching
System $ 1,553.00 28% $1,118.16
MPKA21 21" 6.0 HP Kaw. Hand Push w/Bag & Mulching System $ 1,109.00 28% $798.48
MSKA21 21” 6.0 HP Kaw. Self Prop. w/ Bag & Mulching System $ 1,220.00 28% $878.40
MSKA21B 21” 6.0 HP Kaw. Self Prop. BBC w/ Bag & Mulching
System $ 1,331.00 28% $958.32
METRO 26" WALK
BEHIND MOWERS
MSKA26B 26" 6.0 HP Kawasaki Self-Propelled BBC $ 1,664.00 28% $1,198.08
METRO-5 SPEED
WALK BEHIND
MOWERS
M15KA322P 32" 15 HP Kawasaki Twin - Pistol Grip Handles - Single
B Belt $ 2,885.00 28% $2,077.20
M15KA362 36" 15 HP Kawasaki - Twin – ECS $ 3,218.00 28% $2,316.96
M15KA362P 36" 15 HP Kawasaki Twin - Pistol Grip Handles $ 3,218.00 28% $2,316.96
M15KA483 48" 15 HP Kawasaki - Twin – ECS $ 3,440.00 28% $2,476.80
M15KA483P 48" 15 HP Kawasaki - Twin - Pistol Grip Handles $ 3,440.00 28% $2,476.80
VIKING HYDRO
WALK BEHIND
MOWERS
VH15KA362 36" 15 HP Kawasaki Twin $ 5,105.00 28% $3,675.60
VH15KA483 48" 15 HP Kawasaki Twin $ 5,327.00 28% $3,835.44
TURF TRACER HP
WALK BEHIND
MOWERS
THP15KA363 36" 15 HP Kawasaki Twin $ 5,549.00 28% $3,995.28
THP17KA483 48" 17 HP Kawasaki Twin $ 6,215.00 28% $4,474.80
THP19KAE483 48" 19 HP Kawasaki - Electric Start $ 6,659.00 28% $4,794.48
THP17KA523 52" 17 HP Kawasaki Twin $ 6,437.00 28% $4,634.64
THP19KAE523 52" 19 HP Kawasaki - Electric Start $ 6,992.00 28% $5,034.24
TURF TRACER
HYDRO WALK
BEHIND MOWERS
TT23KAE Power Unit Only 23 HP Kawasaki Twin – Elec Start $ 5,882.00 28% $4,235.04
TURF TRACER
DECKS
FMD524 52" Full Floating Mower Deck $ 1,997.00 28% $1,437.84
FMD604 60" Full Floating Mower Deck $ 2,108.00 28% $1,517.76
FRONTRUNNER
RIDING MOWER
FR23KC Out-Front Zero Turn Power Unit Only 23 HP Kohler
Command $ 9,101.00 28% $6,552.72
FR25KD Out-Front Zero Turn Power Unit Only 25 HP Kubota
Diesel $ 13,319.00 28% $9,589.68
FR27KC Out-Front Zero Turn Power Unit Only 27 HP Kohler
Command $ 10,211.00 28% $7,351.92
FR31BV Out-Front Zero Turn Power Unit Only 31 HP Briggs
Vanguard $ 10,766.00 28% $7,751.52
FRONTRUNNER
DECKS
FR524 52" Full Floating Deck $ 2,441.00 28% $1,757.52
FR604 60" Full Floating Deck $ 2,552.00 28% $1,837.44
FR724 72" Full Floating Deck $ 2,774.00 28% $1,997.28
NAVIGATOR
RIDING MOWER
NAV20KC 20 HP Kohler Command 9.5 bu. Collection Hopper-
Tractor Unit Only $ 9,323.00 28% $6,712.56
NAV27KC 27 HP Kohler Command 9.5 bu. Collection Hopper-
Tractor Unit Only $ 10,433.00 28% $7,511.76
NAVIGATOR
DECKS
CD42CD 42" Center Discharge Cutting Deck w/H/D/ Gear Driven
Spindle Assy. $ 2,441.00 28% $1,757.52
CD48CD 48" Center Discharge Cutting Deck w/H/D/ Gear Driven
Spindle Assy. $ 2,552.00 28% $1,837.44
PHAZER
PHZ19KA343 34" 19HP Kawasaki V-Twin $ 5,549.00 28% $3,995.28
LAZER CT RIDING
MOWERS
LCT18BV483 48" 18 HP Briggs Vanguard - V-Twin $ 6,659.00 28% $4,794.48
LCT21BV523 52" 21 HP Briggs Vanguard - V-Twin $ 7,214.00 28% $5,194.08
LCT23BV603 60" 23 HP Briggs Vanguard - V-Twin $ 7,547.00 28% $5,433.84
LAZER HP RIDING
MOWERS
LHP19KA465 46" 19 HP Kawasaki - Twin - Platform Mower $ 7,769.00 28% $5,593.68
LHP23KA465 46" 23 HP Kawasaki - Twin - Platform Mower $ 8,657.00 28% $6,233.04
LHP19KA505 50" 19 HP Kawasaki Twin - Platform Mower $ 8,435.00 28% $6,073.20
LHP23KA505 50" 23 HP Kawasaki Twin - Platform Mower $ 8,990.00 28% $6,472.80
LHP27KC505 50" 27 HP Kohler Command - Platform Mower $ 9,545.00 28% $6,872.40
LHP23KA565 56" 23 HP Kawasaki Twin - Platform Mower $ 9,323.00 28% $6,712.56
LHP27KC565 56" 27 HP Kohler Command - Platform Mower $ 9,878.00 28% $7,112.16
LAZER Z RIDING
MOWERS
LAS25KC604 60" 25 HP Kohler Command $ 9,212.00 28% $6,632.64
LAS28KA524 52" 28HP Kawasaki Twin $ 9,434.00 28% $6,792.48
LAS28KA604 60" 28HP Kawasaki Twin $ 9,767.00 28% $7,032.24
LAS28KA724 72" 28HP Kawasaki Twin $ 10,211.00 28% $7,351.92
LZ23KC605 60" 23 HP Kohler Command - Platform Mower - HD Air
Cleaner $ 10,322.00 28% $7,431.84
LZ27KC605 60" 27HP Kohler Command - Platform Mower - HD Air
Cleaner $ 10,766.00 28% $7,751.52
LZ28KA605 60" 28HP Kawasaki Twin - Platform Mower $ 10,766.00 28% $7,751.52
LZ28KA665 66" 28HP Kawasaki Twin - Platform Mower $ 11,210.00 28% $8,071.20
LZ31BV605 60" 31HP Briggs Vanguard - Platform Mower $ 11,210.00 28% $8,071.20
LZ31BV665 66" 31HP Briggs Vanguard - Platform Mower $ 11,432.00 28% $8,231.04
LZ31BV725 72" 31HP Briggs Vanguard - Platform Mower $ 11,765.00 28% $8,470.80
LAZER Z (EFI)
RIDING MOWERS
LZ28KC605 60" 28HP Kohler Command (EFI) - Platform Mower - HD
Air Cleaner $ 12,209.00 28% $8,790.48
LZ28KC665 66" 28HP Kohler Command (EFI) - Platform Mower - HD
Air Cleaner $ 12,431.00 28% $8,950.32
LAZER XS RIDING
MOWERS
LXS25KD605 60" 25 HP Kubota Diesel - Platform Mower $ 14,429.00 28% $10,388.88
LXS25KD665 66" 25 HP Kubota Diesel - Platform Mower $ 14,651.00 28% $10,548.72
LXS25KD725 72" 25 HP Kubota Diesel - Platform Mower $ 14,984.00 28% $10,788.48
LXS29LKA605 60" 29 HP Kawasaki - Liquid Cooled - Digital Fuel
Injection - Platform Mower $ 13,541.00 28% $9,749.52
LXS29LKA665 66" 29 HP Kawasaki - Liquid Cooled - Digital Fuel
Injection - Platform Mower $ 13,763.00 28% $9,909.36
LXS29LKA725 72" 29 HP Kawasaki - Liquid Cooled - Digital Fuel
Injection - Platform Mower $ 14,096.00 28% $10,149.12
LXS35BV605 60" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 12,653.00 28% $9,110.16
LXS35BV665 66" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 12,875.00 28% $9,270.00
LXS35BV725 72" 35HP Briggs Vanguard 2-Cylinder - Platform Mower $ 13,208.00 28% $9,509.76
ULTRA VAC'S
LCTUV Ultra Vac Collection System for 48” & 52" & 60" Lazer
CT $ 1,109.00 28% $798.48
LHPUV4448 Ultra Vac Collection System for 44” & 48” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD4448 Quick Discharge Ultra Vac Coll. System for 44” & 48”
Lazer Z HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LHPUV4650 Ultra Vac Collection System for 46” & 50” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD4650 Quick Discharge Ultra Vac Coll. System for 46” & 50”
Lazer Z HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LHPUV5256 Ultra Vac Collection System for 52" & 56” Lazer Z HP -
Requires Drive Kit $ 1,664.00 28% $1,198.08
LHPUVD5256 Quick Discharge Ultra Vac Collection System for 52" &
56” Lazer Z HP - Requires Drive Kit $ 2,219.00 28% $1,597.68
LZUV52 Ultra Vac Collection System for 52” Lazer Z AS -
Requires Drive Kit $ 1,664.00 28% $1,198.08
UV60 Ultra Vac for 60" Lazer Z - Requires Drive Kit $ 2,663.00 28% $1,917.36
UVD60 Ultra Vac Quick Dump for 60" Lazer Z - Requires Drive
Kit $ 2,996.00 28% $2,157.12
UV6672 Ultra Vac for 66" & 72" Lazer Z - Requires Drive Kit $ 2,663.00 28% $1,917.36
UVD6672 Ultra Vac Quick Dump for 66" & 72" Lazer Z - Requires
Drive Kit $ 2,996.00 28% $2,157.12
ULTRA VAC'S
DRIVE KIT'S
103-1314 Drive Kit for 48" Lazer Z HP Serial # 203377 & Above $ 109.00 20% $87.20
103-1315 Drive Kit for 44” Lazer Z HP $ 109.00 20% $87.20
103-1317 Drive Kit for 52” Lazer Z HP $ 109.00 20% $87.20
103-2997 Drive Kit for 52" Full Size Lazer Z $ 299.00 20% $239.20
103-5629 Front Weight Kit f/ALL LHP's Equipped w/Foldable
ROPS $ 149.00 20% $119.20
103-5633 Front Weight Kit for ALL 2003 Lazer Z's wFoldable
ROPS and Prior $ 179.00 20% $143.20
103-7416 Drive Kit for 52" Lazer Z Serial 510000 & Above
w/weights $ 299.00 20% $239.20
103-7419 Kit to mount UV60/72C or UVD60/72C to Lazer Z below
510000 $ 69.00 20% $55.20
103-7420 Kit to mount UV60C or UVD60C to Lazer XP $ 199.00 20% $159.20
103-7876 Kit to mount UV60C or UVD60C to Lazer XS $ 79.00 20% $63.20
109-1013 Completing Kit Lazer HP 46" $ 129.00 20% $103.20
109-1014 Completing Kit Lazer HP 50" $ 129.00 20% $103.20
109-1015 Completing Kit Lazer HP 56" $ 129.00 20% $103.20
109-1167 Completing Kit Lazer Z 60" & Lazer Z XS 60" $ 129.00 20% $103.20
109-1168 Completing Kit Lazer Z 66" & 72" and Lazer Z XS 66" $ 129.00 20% $103.20
109-1169 Completing Kit Lazer Z 72" & Lazer Z XS 72" $ 129.00 20% $103.20
109-1179 Completing Kit Lazer Z 604 Deck $ 199.00 20% $159.20
109-1185 Completing Kit Lazer HP 52" $ 199.00 20% $159.20
109-1189 Completing Kit Lazer Z 604 Deck $ 199.00 20% $159.20
109-1191 Completing Kit Lazer Z 72" $ 199.00 20% $159.20
109-1193 Completing Kit Lazer Z XS & XP 60" $ 199.00 20% $159.20
109-1194 Completing Kit Lazer Z XS & XP 72" $ 199.00 20% $159.20
109-1267 Completing Kit Lazer Z CT 44" & 48" $ 99.00 20% $79.20
109-1268 Completing Kit Phazer Z 44" $ 99.00 20% $79.20
109-1269 Completing Kit Lazer Z CT 52" $ 99.00 20% $79.20
109-2203 Floor Weight ( Lazer ZXS - LC Only ) $ 69.00 20% $55.20
109-2691 Park Brake Kit (required on all LCTUV Ultra Vac's) $ 121.00 20% $96.80
FRONTRUNNER
ACCESSORIES
BLT24 24 x 12 x 12 Bar Lug Tires w/Rims Set (Includes Left &
Right Hand Tires) $ 275.00 20% $220.00
FRDTWA Dual Tail Wheel Assembly $ 349.00 20% $279.20
FRDTWK Dual Tail Wheel Kit $ 449.00 20% $359.20
FRSTWA Single Tail Wheel Mounting Bracket $ 99.00 20% $79.20
FRSTWK Single Tail Wheel Kit $ 229.00 20% $183.20
FRLKIT Light Kit, two 35 halogen bulbs and wiring harness. Fits
all FrontRunner units $ 199.00 20% $159.20
FRCRSS Front Runner Seat $ 249.00 20% $199.20
109-4600 Front Runner Floor Pan Extender $ 49.00 20% $39.20
FRUVD Collection System $ 2,399.00 20% $1,919.20
FRCK524 52" Completing Kit $ 99.00 20% $79.20
FRCK604 60" Completing Kit $ 99.00 20% $79.20
FRCK724 72" Completing Kit $ 99.00 20% $79.20
FRSBFRM01 Front Runner Sub Frame $ 417.00 20% $333.60
FRRBRM60 60" Broom $ 2,399.00 20% $1,919.20
FRSBLWR54 54" Snow Blower $ 2,499.00 20% $1,999.20
FRSBLD64 64" Snow Blower $ 599.00 20% $479.20
109-1535 Actuator for FR Blower and Broom $ 170.00 20% $136.00
NAVIGATOR
ACCESSORIES
103-9005 Dual SP Rear Caster Kit $ 199.00 20% $159.20
103-9007 Narrow Drive Tires Kit $ 249.00 20% $199.20
FRPSNAV Navigator ROPS $ 399.00 20% $319.20
NAVLKIT Light Kit $ 199.00 20% $159.20
NAVSUBFRM01 Sub Frame $ 930.00 20% $744.00
NAVSBLWR44 44" Snow Blower $ 2,200.00 20% $1,760.00
NAVSBLD48 48" Snow Blade $ 465.00 20% $372.00
PHAZER
ACCESSORIES
AS34 Anti-scalp roller kit for 34" Phazer Units ( 2 rollers per kit
) $ 59.00 20% $47.20
GC3444 Side Bagger for 34" & 44" Units $ 299.00 20% $239.20
MK343 Mulch Kit 34" Units $ 159.00 20% $127.20
MK443 Mulch Kit 44" Units $ 159.00 20% $127.20
109-3760 Phazer Hitch Kit $ 69.00 20% $55.20
ACCESSORIES
GC36MC Catcher 32", 36", 44", 48", 52" and 60" $ 299.00 20% $239.20
STANDON EZRider Stand On $ 399.00 20% $319.20
103-2637 Weight Kit f/all Intermediate Walk-Behind Units $ 109.00 20% $87.20
ARKIT Arm Rest Kit for Lazer CT $ 99.00 20% $79.20
FRPSLKIT Light Kit - Fits all riders with foldable ROPS $ 199.00 20% $159.20
FRPSSHADE Sunshade - Fits all riders with foldable ROPS $ 299.00 20% $239.20
LCTSB Lazer CT 56" Pivoting Snow Blade $ 399.00 20% $319.20
LS SEAT NEW Lumbar Suspension w/Adjustment $ 549.00 20% $439.20
OCD01 Operator Control Discharge – Triton $ 349.00 20% $279.20
TC25 2.5 Gallon Trash Container (Nylon Mesh) Fits All Riders $ 49.00 20% $39.20
1-641284 Cup Holder $ 19.00 20% $15.20
103-4754 NEW Comfort Ride Seat Suspension (CRSS) $ 249.00 20% $199.20
ACCESSORIES -
DECK LIFTS
103-4192 Deck lift assist for Lazer CT models $ 79.00 20% $63.20
103-1675 Deck lift assist for Lazer Z HP $ 109.00 20% $87.20
103-0149 Deck Lift Assist for Lazer Z 52", 60" , 72" & Lazer XP
319,999 and below $ 99.00 20% $79.20
103-8593 Deck lift assist for all Lazer AS also Lazer Z, XS, XP
320,000 and Up $ 99.00 20% $79.20
ACCESSORIES -
HITCH KITS
109-3760 Phazer Z Hitch Kit $ 69.00 20% $55.20
1-651234 Lazer Z HP & CT Hitch Kit $ 69.00 20% $55.20
1-631665 Lazer Z Hitch Kit $ 69.00 20% $55.20
103-9565 Lazer Z XP and XS Hitch Kit $ 99.00 20% $79.20
MULCH KIT'S
MK26 26" Mulching Kit for Metro 26" Mowers $ 69.00 20% $55.20
MK322 32” Mulching Kit for Metro Mowers & VH Mowers $ 159.00 20% $127.20
102,000 and up
MK343 Mulch Kit 34" Phazer Units $ 159.00 20% $127.20
MK362 36” Mulching Kit for Metro, Viking and Viking Hydro
Mowers115,000 and up $ 159.00 20% $127.20
MK363Q 36” Mulching Kit for Turf Tracer HP and Metro HP
Mowers $ 159.00 20% $127.20
MKNAV42 Mulch Kit 42" Navigator Units $ 199.00 20% $159.20
MK443 Mulch Kit 44" Phazer Units $ 159.00 20% $127.20
MK443Q 44” Mulching Kit for Lazer Z CT & HP Mowers $ 159.00 20% $127.20
MK465 46" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK483Q
48” Mulching Kit for Turf Tracer HP, (Metro & Metro HP,
Viking Hydro S/N 160000 & Above) and Lazer Z CT &
HP Mowers $ 179.00 20% $143.20
MKNAV48 Mulch Kit 48" Navigator Units $ 199.00 20% $159.20
MK505 50" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK523Q
52" Mulching Kit for FMD 160,000 thru 319,999-Metro
HP, Viking Hydro, Turf Tracer HP & Lazer CT-Lazer HP
130,000 thru 599,999-Lazer Z 130,000 thru 259,999 $ 179.00 20% $143.20
MK524Q 52" Mulching Kit for Lazer Z Mowers S/N 260,000 thru
599,999-FMD mowers (s/n 320,000 and up) and FR524 $ 179.00 20% $143.20
MK565 56" Mulching Kit for 600,000 and up $ 179.00 20% $143.20
MK603Q 60" Mulching Kit for Lazer Z 130,000 thru 189,999-Lazer
CT 600,000 and up-FMD 130,000 thru 319,000 $ 199.00 20% $159.20
MK604Q
60" Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer
XS & XP 260,000 thru 599,999-FMD Mowers 320,000 &
above and FR604 $ 199.00 20% $159.20
MK605 60" Mulching Kit for 600,000 and up $ 199.00 20% $159.20
MK665 66" Mulching Kit for 600,000 and up $ 199.00 20% $159.20
MK724Q 72” Mulching Kit for Lazer Z 190,000 thru 599,999-Lazer
XS & XP 260,000 thru 599,999 and FR724 $ 199.00 20% $159.20
MK725 72" Mulching Kit for 600,000 and up $ 199.00 20% $159.20
STRIPER KIT'S
STR605 Fits 56" & 60" Lazer Z 600,000 and up $ 299.00 20% $239.20
STR665-725 Fits 66" & 72" Lazer Z 600,000 and up $ 299.00 20% $239.20
STRFMD Fits FMD Decks 523,524,603,604 on Turf Tracer Hydros $ 299.00 20% $239.20
STRHPW36 E-Z Striper Kit Fits 36" TTHP & MHP Units $ 299.00 20% $239.20
STRHPW48 E-Z Striper Kit Fits 48" & 52" TTHP & MHP Units $ 299.00 20% $239.20
STRLHP44 E-Z Striper Kit Fits Lazer Z CT & HP 44" Units $ 299.00 20% $239.20
STRLHP48 E-Z Striper Kit Fits Lazer Z CT & HP 48" Units $ 299.00 20% $239.20
STRLHP5 Fits 46"- 50"- 56" Lazer HP & Lazer Z $ 299.00 20% $239.20
STRLHP52 E-Z Striper Kit Fits Lazer Z CT & HP 52" Units $ 299.00 20% $239.20
STRLZ52 E-Z Striper Kit Fits Lazer Z & Lazer Z AS 52" Units $ 299.00 20% $239.20
STRLZ60 E-Z Striper Kit Fits Lazer Z 60" Units 599,999 and below
and All Lazer Z AS 60" models $ 299.00 20% $239.20
STRLZ60XP E-Z Striper Kit Fits Lazer Z XS & XP 60" Units 599,999
and below $ 299.00 20% $239.20
STRLZ72 E-Z Striper Kit Fits Lazer Z & Lazer Z XS & XP 72" Units
599,999 and below $ 299.00 20% $239.20
All other terms and conditions not noted above shall remain the same.
AUTHORITY/REASON:
Per e-mail from Keith Kraatz, Power Equipment Distributors dated 1/12/07.
TOTAL ESTIMATED CONTRACT VALUE REMAINS: $0.00
Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET April 20, 2006
ACQUISITION SERVICES
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
NOTICE
OF
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF VENDOR TELEPHONE: (800) 624-2932
Beverly DeVriendt
Power Equipment Distributors, Inc. VENDOR NUMBER/MAIL CODE
69250 Burke Drive
Richmond, MI 48062 BUYER/CA (517) 373-6535
Email: Bdevriendt@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William C. Walsh (517) 373-6535
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD: 3 Years From: April 15, 2006 To: March 31, 2009
TERMS SHIPMENT
Net 30 Days 15-45 Days - ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
The terms and conditions of this Contract are attached.
Estimated Contract Value: $0.00
Form No. DMB 234 (Rev. 1/96)
AUTHORITY: Act 431 of 1984
COMPLETION: Required
PENALTY: Contract will not be executed unless form is filed
STATE OF MICHIGAN
DEPARTMENT OF MANAGEMENT AND BUDGET
ACQUISITION SERVICES
P.O. BOX 30026, LANSING, MI 48909
OR
530 W. ALLEGAN, LANSING, MI 48933
CONTRACT NO. 071B6200239
between
THE STATE OF MICHIGAN
and
NAME & ADDRESS OF VENDOR TELEPHONE: (800) 624-2932
Beverly DeVriendt
Power Equipment Distributors, Inc. VENDOR NUMBER/MAIL CODE
69250 Burke Drive
Richmond, MI 48062 BUYER/CA (517) 373-6535
Email: Bdevriendt@powereqp.com William C. Walsh, CPPB
Contract Compliance Inspector: William C. Walsh (517) 373-6535
Exmark Turf Products – Local Units of Government
CONTRACT PERIOD: 3 Years From: April 15, 2006 To: March 31, 2009
TERMS SHIPMENT
Net 30 Days 15-45 Days - ARO
F.O.B. SHIPPED FROM
Delivered Richmond, MI
MINIMUM DELIVERY REQUIREMENTS
One Unit
MISCELLANEOUS INFORMATION:
The terms and conditions of this Contract are attached.
Estimated Contract Value: $0.00
THIS IS NOT AN ORDER: THIS CONTRACT AGREEMENT IS FOR USE BY LOCAL UNITS OF
GOVERNMENT ONLY FOR THE PURCHASE OF EXMARK BRAND TURF EQUIPMENT. ORDERS
WILL BE PLACED BY LOCAL UNITS OF GOVERNMENT AS REQUIRED. LOCAL UNITS OF
GOVERNMENT MUST NOTE THE ABOVE CONTRACT NUMBER ON ALL ORDERS PLACED WITH
THE EXMARK DISTRIBUTORS.
FOR THE VENDOR:
FOR THE STATE:
Power Equipment Distributors, Inc.
Firm Name Signature
William C. Walsh, CPPB, Buyer Manager
Authorized Agent Signature Name/Title
Beverly DeVriendt Commodities Division, Purchasing
Operations
Authorized Agent (Print or Type) Title
Date Date
Contract No. 071B6200239
Exmark Turf Equipment
Article1 – Statement of Work (SOW)...................................................................................................................................1
1.0 Introduction ...................................................................................................................................................1
1.001 DEFINING DOCUMENT...............................................................................................................1
1.002 PROJECT TITLE AND DESCRIPTION .......................................................................................1
1.003 PROJECT CONTROL-RESERVED.............................................................................................1
1.004 COMMENCEMENT OF WORK....................................................................................................1
1.1 Product Quality..............................................................................................................................................1
1.101 SPECIFICATIONS........................................................................................................................1
1.102 RESERVED ..................................................................................................................................1
1.103 RESERVED ..................................................................................................................................1
1.104 WARRANTY FOR PRODUCTS OR SERVICES .........................................................................1
1.2 Service Capabilities.......................................................................................................................................1
1.201 CUSTOMER SERVICE/ORDERING............................................................................................1
1.202 TRAINING.....................................................................................................................................2
1.203 REPORTING-RESERVED ...........................................................................................................2
1.204 SPECIAL PROGRAMS-RESERVED...........................................................................................2
1.205 RESERVED ..................................................................................................................................2
1.3 Delivery Capabilities......................................................................................................................................2
1.301 TIME FRAMES .............................................................................................................................2
1.302 MINIMUM ORDER........................................................................................................................2
1.303 PACKAGING-RESERVED...........................................................................................................2
1.304 PALLETIZING-RESERVED .........................................................................................................2
1.305 DELIVERY TERM.........................................................................................................................2
1.306 RESERVED ..................................................................................................................................2
1.4 Project Price..................................................................................................................................................2
1.401 PRICING.......................................................................................................................................2
1.402 QUICK PAYMENT TERMS-RESERVED.....................................................................................2
1.403 PRICE TERM................................................................................................................................3
1.5 Quantity term-RESERVED............................................................................................................................3
1.6 Other Terms and Conditions Needed for this Contract - RESERVED .........................................................3
Article 2 – General Terms and Conditions .........................................................................................................................4
2.0 Introduction ...................................................................................................................................................4
2.001 GENERAL PURPOSE..................................................................................................................4
2.002 ISSUING OFFICE AND CONTRACT ADMINISTRATOR ...........................................................4
2.003 NOTICE ........................................................................................................................................4
2.004 CONTRACT TERM ......................................................................................................................4
2.005 GOVERNING LAW.......................................................................................................................5
2.006 APPLICABLE STATUTES...........................................................................................................5
2.007 RELATIONSHIP OF THE PARTIES............................................................................................5
2.008 HEADINGS...................................................................................................................................6
2.009 MERGER ......................................................................................................................................6
2.010 SEVERABILITY............................................................................................................................6
2.011 SURVIVORSHIP...........................................................................................................................6
2.012 NO WAIVER OF DEFAULT .........................................................................................................6
2.013 PURCHASE ORDERS-RESERVED............................................................................................6
2.1 Vendor/Contractor Obligations......................................................................................................................6
2.101 ACCOUNTING RECORDS ..........................................................................................................6
2.102 NOTIFICATION OF OWNERSHIP...............................................................................................6
2.103 SOFTWARE COMPLIANCE-RESERVED...................................................................................7
2.104 RESERVED ..................................................................................................................................7
2.105 PERFORMANCE AND RELIABILITY EVALUATION (PARE)-RESERVED ..............................7
2.106 PREVAILING WAGE-RESERVED...............................................................................................7
2.107 PAYROLL AND BASIC RECORDS-RESERVED .......................................................................7
2.108 COMPETITION IN SUB-CONTRACTING.................................................................................... 7
2.109 CALL CENTER DISCLOSURE-RESERVED...............................................................................7
2.2 Contract Performance...................................................................................................................................7
2.201 TIME IS OF THE ESSENCE-RESERVED ...................................................................................7
Contract No. 071B6200239
2.202 CONTRACT PAYMENT SCHEDULE .......................................................................................... 7
2.203 POSSIBLE PROGRESS PAYMENTS-RESERVED....................................................................7
2.204 STATE ADMINISTRATIVE FEE ..................................................................................................7
2.205 ELECTRONIC PAYMENT AVAILABILITY-RESERVED.............................................................8
2.206 MiDEAL PROGRAM ....................................................................................................................8
2.3 Contract Rights and Obligations ...................................................................................................................8
2.301 INCURRING COSTS....................................................................................................................8
2.302 CONTRACTOR RESPONSIBILITIES..........................................................................................8
2.303 ASSIGNMENT AND DELEGATION ............................................................................................8
2.304 TAXES..........................................................................................................................................9
2.305 INDEMNIFICATION......................................................................................................................9
2.306 LIMITATION OF LIABILITY.......................................................................................................11
2.307 CONTRACT DISTRIBUTION.....................................................................................................11
2.308 FORM, FUNCTION, AND UTILITY-RESERVED.......................................................................11
2.309 ASSIGNMENT OF ANTITRUST CAUSE OF ACTION..............................................................11
2.310 LIABILITY INSURANCE ............................................................................................................12
2.311 WORKPLACE SAFETY.............................................................................................................14
2.312 WORKPLACE DISCRIMINATION .............................................................................................14
2.313 RESERVED ................................................................................................................................15
2.314 WEBSITE INCORPORATION....................................................................................................15
2.4 Contract Review and Evaluation.................................................................................................................15
2.401 CONTRACT COMPLIANCE INSPECTOR-RESERVED ...........................................................15
2.402 PERFORMANCE REVIEWS......................................................................................................15
2.403 AUDIT OF CONTRACT COMPLIANCE/ RECORDS AND INSPECTIONS..............................15
2.5 Quality and Warranties................................................................................................................................15
2.501 PROHIBITED PRODUCTS-RESERVED ...................................................................................15
2.502 QUALITY ASSURANCE-RESERVED.......................................................................................15
2.503 INSPECTION..............................................................................................................................16
2.504 GENERAL WARRANTIES (goods)...........................................................................................16
2.505 CONTRACTOR WARRANTIES-RESERVED............................................................................16
2.506 STAFF-RESERVED ...................................................................................................................16
2.507 RESERVED ................................................................................................................................16
2.508 EQUIPMENT WARRANTY-RESERVED ...................................................................................16
2.509 RESERVED ................................................................................................................................16
2.6 Breach of Contract ......................................................................................................................................16
2.601 BREACH DEFINED....................................................................................................................16
2.602 NOTICE AND THE RIGHT TO CURE........................................................................................16
2.603 EXCUSABLE FAILURE.............................................................................................................17
2.7 Remedies ....................................................................................................................................................17
2.701 CANCELLATION........................................................................................................................17
2.702 RIGHTS UPON CANCELLATION .............................................................................................18
2.703 LIQUIDATED DAMAGES-RESERVED .....................................................................................19
2.704 STOP WORK-RESERVED.........................................................................................................19
2.705 SUSPENSION OF WORK-RESERVED.....................................................................................19
2.8 Changes, Modifications, and Amendments ................................................................................................19
2.801 APPROVALS..............................................................................................................................19
2.802 TIME EXTENTIONS ...................................................................................................................19
2.803 MODIFICATION..........................................................................................................................19
2.804 AUDIT AND RECORDS UPON MODIFICATION......................................................................19
2.805 CHANGES..................................................................................................................................20
NOTE: ITEMS NOTED AS RESERVED DO NOT PERTAIN TO THIS CONTRACT.
Attachments:
Item Listing/Pricing Page (7 Pages)
Contract No. 071B6200239
1
Article1 – Statement of Work (SOW)
1.0 Introduction
1.001 DEFINING DOCUMENT
This document contains or incorporates defined requirements, the specifications and scope of work, and all
contractual terms and conditions.
1.002 PROJECT TITLE AND DESCRIPTION
This Contract is to provide Terms, Conditions and Pricing for Local Units of Government for the procurement
of Exmark Brand Turf Equipment.
1.003 PROJECT CONTROL-RESERVED
1.004 COMMENCEMENT OF WORK
Contractor shall show acceptance of this agreement by signing both copies of this Contract and returning it
to the Contract Administrator. Contractor shall not proceed with performance of the work to be done under
this agreement, including the purchase of necessary materials, until both parties have signed this
agreement to show acceptance of its terms.
1.1 Product Quality
1.101 SPECIFICATIONS
Specifications for particular models may be obtained from the distributor. See the attached 7 pages for
pricing schedule.
1.102 RESERVED
1.103 RESERVED
1.104 WARRANTY FOR PRODUCTS OR SERVICES
The warranty for products or services procured under this Contract shall be the standard warranty offered by
the manufacturer.
1.2 Service Capabilities
1.201 CUSTOMER SERVICE/ORDERING
Orders for products may be placed by telephone, fax or e-mail.
President: Beverly DeVriendt
Telephone: (800) 624-2932 Ext. 1485
Fax: (800) 562-1956
E-mail: bdevriendt@powereqp.com
Cell Phone: (586) 255-1394
The sales representative for this Contract is Dave Haeck
Telephone: (800) 624-2932
Fax: (800) 562-1956
E-mail: dhaeck@powereqp.com
Contract No. 071B6200239
2
Sales Manager: Dave Bomers
Telephone: (800) 624-2932
Fax: (800) 562-1956
E-mail: dbomers@powereqp.com
Cell Phone: (989) 277-8275
1.202 TRAINING
Operator training and safety is provided by the Contractor upon delivery of product.
1.203 REPORTING
Contractor shall provide quarterly and yearly sales reports of all equipment procured under this Contract.
Report shall provide the minimum information:
Dealer Name
Municipality Purchasing Equipment
Amount of sale
% Off Sale
1.204 SPECIAL PROGRAMS-RESERVED
1.205 RESERVED
1.3 Delivery Capabilities
1.301 TIME FRAMES
Deliveries shall be within 15-45 calendar days after receipt of order.
1.302 MINIMUM ORDER
There is no minimum order for this Contract.
1.303 PACKAGING-RESERVED
1.304 PALLETIZING-RESERVED
1.305 DELIVERY TERM
Prices shall be "F.O.B. Delivered".
1.306 RESERVED
1.4 Project Price
1.401 PRICING
Power Equipment Dist. Inc. and it’s dealers extends to the State Of Michigan and authorized agencies a
discount of 28% from the most current published list price of all Exmark Manufacturing Inc. brand Lawn
Mowing Equipment and Ultra Vac vacuum attachments and a discount of 20% from the most current
published list price of all Ultra Vac drive kits and Exmark branded equipment accessories.
1.402 QUICK PAYMENT TERMS-RESERVED
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1.403 PRICE TERM
Prices quoted are the maximum for a period of 365 days from the date the Contract becomes effective.
Prices are subject to change at the end of each 365-day period. Such changes shall be based on changes
in actual costs incurred. Documentation of such changes must be provided with the request for price
change in order to substantiate any requested change. Purchasing reserves the right to consider various
pertinent information sources to evaluate price increase requests (such as the CPI and PPI, US City
Average, as published by the US Department of Labor, Bureau of Labor Statistics). Purchasing also
reserves the right to consider other information related to special economic and/or industry circumstances,
when evaluating a price change request. Changes may be either increases or decreases, and may be
requested by either party. Approved changes shall be firm for the remainder of the Contract period unless
further revised at the end of the next 365-day period.
Requests for price changes shall be RECEIVED IN WRITING AT LEAST TEN DAYS PRIOR TO THEIR
EFFECTIVE DATE, and are subject to written acceptance before becoming effective. In the event new
prices are not acceptable, the CONTRACT may be cancelled. The continued payment of any charges due
after September 30th of any fiscal year will be subject to the availability of an appropriation for this purpose.
1.5 Quantity term-RESERVED
1.6 Other Terms and Conditions Needed for this Contract - RESERVED
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Article 2 – General Terms and Conditions
2.0 Introduction
2.001 GENERAL PURPOSE
The Contract is for ExmarkTurf Products for Local Units of Government.
2.002 ISSUING OFFICE AND CONTRACT ADMINISTRATOR
The Contract is issued by Purchasing Operations, State of Michigan, Department of Management and
Budget, hereinafter known as Purchasing, for Local Units of Government.
Purchasing is the sole point of contact in the State with regard to all procurement and contractual matters
relating to the commodities and/or services described herein. Purchasing is the only office authorized to
negotiate, change, modify, amend, alter, clarify, etc., the specifications, terms, and conditions of the Contract.
Purchasing will remain the SOLE POINT OF CONTACT throughout the procurement process.
Contractor proceeds at its own risk if it takes negotiation, changes, modification, alterations,
amendments, clarification, etc., of the specifications, terms, or conditions of the contract from any
individual or office other than Purchasing and the listed contract administrator
All communications covering this procurement must be addressed to contract administrator indicated below:
Department of Management and Budget
Purchasing
Attn: William C. Walsh, CPPB
2nd Floor, Mason Building
P.O. Box 30026
Lansing, Michigan 48909
(517) 373-6535
walshw@michigan.gov
2.003 NOTICE
Any notice given to a party under this Contract must be written and shall be deemed effective, if addressed to
such party as addressed below upon (i) delivery, if hand delivered; (ii) receipt of a confirmed transmission by
facsimile if a copy of the notice is sent by another means specified in this section; (iii) the third (3rd) Business
Day after being sent by U.S. mail, postage pre-paid, return receipt requested; or (iv) the next Business Day
after being sent by a nationally recognized overnight express courier with a reliable tracking system.
2.004 CONTRACT TERM
The term of this Contract will be for three (3) years and will commence with the issuance of a Contract. This
will be approximately April 15, 2006 through March 31, 2009.
Option. The State reserves the right to exercise two (2) one-year options, at the sole option of the
State. Contractor performance, quality of products, price, cost savings, and the contractor’s ability to
deliver on time are some of the criteria that will be used as a basis for any decision by Purchasing to
exercise an option year.
Extension. At the sole option of the State, the contract may also be extended. Contractor
performance, quality of products, price, cost savings, and the contractor’s ability to deliver on time are
some of the criteria that will be used as a basis for any decision by Purchasing to exercise an option
year.
Written notice will be provided to the Contractor within thirty (30) days, provided that the State gives the
Contractor a preliminary written notice of its intent to extend at least sixty (60) days before the contract
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expires. The preliminary notice does not commit the State to an extension. If the State exercises this option,
the extended contract shall be considered to include this option clause.
2.005 GOVERNING LAW
This Contract shall in all respects be governed by, and construed in accordance with, the laws of the State of
Michigan. By signing this agreement, Contractor consents to personal jurisdiction in the state of Michigan.
Any dispute arising herein shall be resolved in the State of Michigan.
2.006 APPLICABLE STATUTES
The following statutes, rules, and laws are applicable to the performance of this Contract; some statutes are
reflected in the clauses of this Contract. This list is NOT exhaustive.
MI Uniform Commercial Code (MIUCC) MCL 440. (All sections unless otherwise altered by agreement)
MI OSHA MCL §§ 408.1001 – 408.1094
Freedom of Information Act (FIOA) MCL §§ 15.231, et seq.
Natural Resources and Environmental Protection Act MCL §§ 324.101, et seq.
MI Consumer Protection Act MCL §§ 445.901 – 445.922
Laws relating to wages, payments of wages, and fringe benefits on state projects MCL §§ 408.551 –
408.558, 408.471 – 408.490, 1965 PA 390.
Department of Civil Service Rules and regulations
Elliot Larsen Civil Rights Act MCL §§ 37.2201, et seq.
Persons with disabilities Civil Rights Act MCL §§ 37.1101, et seq.
MCL §§ 423.321, et seq.
MCL § 18.1264 (law regarding debarment)
Davis-Bacon Act (DBA) 40 USCU §§ 276(a), et seq.
Contract Work Hours and Safety Standards Act (CWHSAA) 40 USCS § 327, et seq.
Business Opportunity Act for Persons with Disabilities MCL §§ 450.791 – 450.795
Rules and regulations of the Environmental Protection Agency
Internal Revenue Code
Rules and regulations of the Equal Employment Opportunity Commission (EEOC)
The Civil Rights Act of 1964, USCS Chapter 42
Title VII, 42 USCS §§ 2000e et seq.
The Americans with Disabilities Act (ADA), 42 USCS §§ 12101 et seq.
The Age Discrimination in Employment Act of 1967 (ADEA), 29 USCS §§ 621, 623 et seq.
The Old Workers Benefit and Protection Act of 1990 (OWBPA), 29 USCS §§ 626, et seq.
The Family Medical Leave Act of 1993 (FMLA), 29 USC §§ 651 et seq.
The Fair Labor Standards Act (FLSA), 29 USC §§ 201 et seq.
Pollution Prevention Act of 1990 (PPA) 42 U.S.C. §13106
Sherman Act, 15 U.S.C.S. § 1 et seq.
Robinson-Patman Act, 15 U.S.C.S. § 13 et. seq.
Clayton Act, 15 U.S.C.S. § 14 et seq.
2.007 RELATIONSHIP OF THE PARTIES
The relationship between the State and the Contractor is that of client and independent Contractor. No
agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed to be
an employee, agent, or servant of the State for any reason. The Contractor will be solely and entirely
responsible for its acts and the acts of its agents, employees, servants and subcontractors during the
performance of this Contract.
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2.008 HEADINGS
Captions and headings used in this Contract are for information and organization purposes. Captions and
headings, including inaccurate references, do not, in any way, define or limit the requirements or terms and
conditions of this Contract.
2.009 MERGER
This document constitutes the complete, final, and exclusive agreement between the parties. All other prior
writings and negotiations are ineffective.
2.010 SEVERABILITY
Each provision of this Contract shall be deemed to be severable from all other provisions of this Contract and,
if one or more of the provisions of this Contract shall be declared invalid, the remaining provisions of this
Contract shall remain in full force and effect.
2.011 SURVIVORSHIP
Any provisions of this Contract that impose continuing obligations on the parties including, but not limited to
the Contractor’s indemnity and other obligations shall survive the expiration or cancellation of this Contract for
any reason.
2.012 NO WAIVER OF DEFAULT
The failure of a party to insist upon strict adherence to any term of this Contract shall not be considered a
waiver or deprive the party of the right thereafter to insist upon strict adherence to that term or any other term
of this Contract.
2.013 PURCHASE ORDERS-RESERVED
2.1 Vendor/Contractor Obligations
2.101 ACCOUNTING RECORDS
The Contractor and all subcontractors shall maintain all pertinent financial and accounting records and
evidence pertaining to this Contract in accordance with generally accepted principles of accounting and other
procedures specified by the State of Michigan. Financial and accounting records shall be made available,
upon request, to the State of Michigan, its designees, or the Michigan Auditor General at any time during the
Contract period and any extension thereof, and for three years from expiration date and final payment on this
Contract or extension thereof.
2.102 NOTIFICATION OF OWNERSHIP
The Contractor shall make the following notifications in writing:
1. When the Contractor becomes aware that a change in its ownership or officers has occurred, or is
certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting
records, the Contractor shall notify Purchasing within 30 days.
2. The Contractor shall also notify the Purchasing within 30 days whenever changes to asset valuations or
any other cost changes have occurred or are certain to occur as a result of a change in ownership or
officers.
The Contractor shall:
1. Maintain current, accurate, and complete inventory records of assets and their costs;
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2. Provide Purchasing or designated representative ready access to the records upon request;
3. Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or
amortization, and remaining useful lives are identified accurately before and after each of the
Contractor's ownership or officer changes; and
4. Retain and continue to maintain depreciation and amortization schedules based on the asset records
maintained before each Contractor ownership or officer change.
2.103 SOFTWARE COMPLIANCE-RESERVED
2.104 RESERVED
2.105 PERFORMANCE AND RELIABILITY EVALUATION (PARE)-RESERVED
2.106 PREVAILING WAGE-RESERVED
2.107 PAYROLL AND BASIC RECORDS-RESERVED
2.108 COMPETITION IN SUB-CONTRACTING
The Contractor shall select subcontractors (including suppliers) on a competitive basis to the maximum
practical extent consistent with the objectives and requirements of this Contract.
2.109 CALL CENTER DISCLOSURE-RESERVED
2.2 Contract Performance
2.201 TIME IS OF THE ESSENCE-RESERVED
2.202 CONTRACT PAYMENT SCHEDULE
Payments shall be made by Local Units of Government. The State of Michigan shall not be liable for any
purchases made under this Contract.
2.203 POSSIBLE PROGRESS PAYMENTS-RESERVED
2.204 STATE ADMINISTRATIVE FEE
The Contractor must collect an Administrative Fee on the sales transacted under this Contract. The
Contractor must remit the Administrative Fee in U.S. dollars within thirty (30) days after the end of the
quarterly sales reporting period. The Administrative Fee equals 2% of the total quarterly sales reported.
Contractor must include the Administrative Fee in their prices.
The Contractor must remit any monies due as a result of the closeout report at the time the closeout report is
submitted to Purchasing Operations.
The Contractor must pay the Administrative Fee collected by check. To ensure the payment is credited
properly, the Contractor must identify the check as an "Administrative Fee" and include the following
information with the payment:
Applicable State BPO Number, report amount(s), and reporting period covered.
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Contractor must forward the check to the following address:
Department of Management & Budget
Financial Services/Cashier Unit
P.O. Box 30681
Lansing, MI 48909-8181
Please make check payable to: Treasurer, State of Michigan
2.205 ELECTRONIC PAYMENT AVAILABILITY-RESERVED
2.206 MiDEAL PROGRAM
Act Number 431 of the Public Acts of 1984 permits the State of Michigan, Department of Management
and Budget, to provide purchasing services to any city, village, county, township, school district,
intermediate school district, nonprofit hospital, institution of higher learning, or community or junior
colleges. As a result of the enactment of this legislation, the MiDEAL Program has been developed. This
program extends the use of State contracts to program members. The Stateal agency must enter into an
agreement with the State of Michigan to become authorized to participate, thus ensuring that local units of
State secure a greater return for the expenditure of public funds. It is the policy of Purchasing, Department
of Management and Budget, that the final approval to utilize any such Contract in this manner must come
from the Contract vendor.
In such cases, Contract vendors supply merchandise at the established State of Michigan Contract prices
and terms. Inasmuch as these are non-State agencies, all purchase orders will be submitted by, invoices will
be billed to, and the authorized MiDEAL member on a direct and individual basis in accordance with Contract
terms will remit payment.
2.3 Contract Rights and Obligations
2.301 INCURRING COSTS
The State of Michigan is not liable for any cost incurred by the Contractor prior to signing of this Contract.
The State fiscal year is October 1st through September 30th. The Contractor should realize that payments in
any given fiscal year are contingent upon enactment of legislative appropriations. Total liability of the State is
limited to terms and conditions of the Contract.
2.302 CONTRACTOR RESPONSIBILITIES
The Contractor will be required to assume responsibility for all contractual activities, whether or not that
Contractor performs them. Further, the State will consider the Contractor to be the sole point of contact with
regard to contractual matters, including payment of any and all charges resulting from this Contract. If any
part of the work is to be subcontracted, this Contract must include a list of subcontractors, including firm
name and address, contact person and a complete description of work to be subcontracted. The State
reserves the right to approve subcontractors and to require the Contractor to replace subcontractors found to
be unacceptable. The Contractor is totally responsible for adherence by the subcontractor to all provisions of
this Contract. Any change in subcontractors must be approved by the State, in writing, prior to such change.
2.303 ASSIGNMENT AND DELEGATION
The Contractor shall not have the right to assign this Contract, to assign its rights under this Contract, or
delegate any of its duties or obligations under this Contract to any other party (whether by operation of law or
otherwise), without the prior written consent of the State. Any purported assignment in violation of this
Section shall be null and void. Further, the Contractor may not assign the right to receive money due under
this Contract without the prior written consent of the Director of Purchasing Operations.
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The Contractor shall not delegate any duties or obligations under this Contract to a subcontractor other than
a subcontractor named and approved in the bid unless the Director of Purchasing Operations has given
written consent to the delegation.
2.304 TAXES
Sales Tax: For purchases made directly by the State of Michigan, the State is exempt from State and Local
Sales Tax. Prices shall not include such taxes. Exemption Certificates for State Sales Tax will be furnished
upon request.
Federal Excise Tax: The State of Michigan may be exempt for Federal Excise Tax, or such taxes may be
reimbursable, if articles purchased under this Contract are used for the State’s exclusive use. Certificates
exclusive use for the purposes of substantiating a tax-free, or tax-reimbursable sale will be sent to the
Contractor upon request. If a sale is tax exempt or tax reimbursable under the Internal Revenue Code, prices
shall not include the Federal Excise Tax.
The State’s Tax Exempt Certification is available for vendor viewing upon request to the Contract
Administrator.
2.305 INDEMNIFICATION
General Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the
State, its departments, divisions, agencies, sections, commissions, officers, employees and agents,
from and against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all
related costs and expenses (including reasonable attorneys' fees and disbursements and costs of
investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with
any of the following:
1. Any claim, demand, action, citation or legal proceeding against the State, its employees and
agents arising out of or resulting from (1) the product provided or (2) performance of the work,
duties, responsibilities, actions or omissions of the Contractor or any of its subcontractors under
this Contract.
2. Any claim, demand, action, citation or legal proceeding against the State, its employees and
agents arising out of or resulting from a breach by the Contractor of any representation or
warranty made by the Contractor in the Contract;
3. Any claim, demand, action, citation or legal proceeding against the State, its employees and
agents arising out of or related to occurrences that the Contractor is required to insure against as
provided for in this Contract;
4. Any claim, demand, action, citation or legal proceeding against the State, its employees and
agents arising out of or resulting from the death or bodily injury of any person, or the damage,
loss or destruction of any real or tangible personal property, in connection with the performance
of services by the Contractor, by any of its subcontractors, by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable; provided,
however, that this indemnification obligation shall not apply to the extent, if any, that such death,
bodily injury or property damage is caused solely by the negligence or reckless or intentional
wrongful conduct of the State;
5. Any claim, demand, action, citation or legal proceeding against the State, its employees and
agents which results from an act or omission of the Contractor or any of its subcontractors in its
or their capacity as an employer of a person.
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Patent/Copyright Infringement Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the
State, its employees and agents from and against all losses, liabilities, damages (including taxes), and
all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of
investigation, litigation, settlement, judgments, interest and penalties) incurred in connection with any
action or proceeding threatened or brought against the State to the extent that such action or
proceeding is based on a claim that any piece of equipment, software, commodity or service supplied
by the Contractor or its subcontractors, or the operation of such equipment, software, commodity or
service, or the use or reproduction of any documentation provided with such equipment, software,
commodity or service infringes any United States or foreign patent, copyright, trade secret or other
proprietary right of any person or entity, which right is enforceable under the laws of the United States.
In addition, should the equipment, software, commodity, or service, or the operation thereof, become or
in the Contractor's opinion be likely to become the subject of a claim of infringement, the Contractor
shall at the Contractor's sole expense (i) procure for the State the right to continue using the
equipment, software, commodity or service or, if such option is not reasonably available to the
Contractor, (ii) replace or modify the same with equipment, software, commodity or service of
equivalent function and performance so that it becomes non-infringing, or, if such option is not
reasonably available to Contractor, (iii) accept its return by the State with appropriate credits to the
State against the Contractor's charges and reimburse the State for any losses or costs incurred as a
consequence of the State ceasing its use and returning it.
Code Indemnification
To the extent permitted by law, the Contractor shall indemnify, defend and hold harmless the State
from any claim, loss, or expense arising from Contractor’s breach of the No Surreptitious Code
Warranty.
Indemnification Obligation Not Limited
In any and all claims against the State of Michigan, or any of its agents or employees, by any employee
of the Contractor or any of its subcontractors, the indemnification obligation under the Contract shall not
be limited in any way by the amount or type of damages, compensation or benefits payable by or for
the Contractor or any of its subcontractors under worker's disability compensation acts, disability
benefits acts, or other employee benefits acts. This indemnification clause is intended to be
comprehensive. Any overlap in sub clauses, or the fact that greater specificity is provided as to some
categories of risk, is not intended to limit the scope of indemnification under any other sub clause.
Continuation of Indemnification Obligation
The duty to indemnify will continue in full force and affect not withstanding the expiration or early
termination of the Contract with respect to any claims based on facts or conditions, which occurred
prior to termination.
Indemnification Procedures
The procedures set forth below shall apply to all indemnity obligations under this Contract.
(a) After receipt by the State of notice of the action or proceeding involving a claim in respect of
which it will seek indemnification, the State shall promptly notify Contractor of such claim in
writing and take or assist Contractor in taking, as the case may be, any reasonable action to
avoid the imposition of a default judgment against Contractor. No failure to so notify Contractor
shall relieve Contractor of its indemnification obligations except to the extent that Contractor can
demonstrate damages attributable to such failure. Within ten (10) days following receipt of
written notice from the State relating to any claim, Contractor shall notify the State in writing
whether Contractor agrees to assume control of the defense and settlement of that claim (a
“Notice of Election”). After notifying Contractor of a claim and prior to the State receiving
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Contractor’s Notice of Election, the State shall be entitled to defend against the claim, at
Contractor’s expense, and Contractor will be responsible for any reasonable costs incurred by
the State in defending against the claim during such period.
(b) If Contractor delivers a Notice of Election relating to any claim: (i) the State shall be entitled to
participate in the defense of such claim and to employ counsel at its own expense to assist in the
handling of such claim and to monitor and advise the State about the status and progress of the
Defense; (ii) Contractor shall, at the request of the State, demonstrate to the reasonable
satisfaction of the State, Contractor’s financial ability to carry out its defense and indemnity
obligations under this Contract; (iii) Contractor shall periodically advise the State about the status
and progress of the defense and shall obtain the prior written approval of the State before
entering into any settlement of such claim or ceasing to defend against such claim and (iv) to the
extent that any principles of Michigan Stateal or public law may be involved or challenged, the
State shall have the right, at its own expense, to control the defense of that portion of such claim
involving the principles of Michigan Stateal or public law. Notwithstanding the foregoing, the
State may retain control of the defense and settlement of a claim by written notice to Contractor
given within ten (10) days after the State’s receipt of Contractor’ s information requested by the
State pursuant to clause (ii) of this paragraph if the State determines that Contractor has failed to
demonstrate to the reasonable satisfaction of the State Contractor’s financial ability to carry out
its defense and indemnity obligations under this Section. Any litigation activity on behalf of the
State of Michigan, or any of its subdivisions pursuant to this Section, must be coordinated with
the Department of Attorney General. In the event the insurer’s attorney represents the State
pursuant to this Section, the insurer’s attorney may be required to be designated as a Special
Assistant Attorney General by the Attorney General of the State of Michigan.
(c) If Contractor does not deliver a Notice of Election relating to any claim of which it is notified by
the State as provided above, the State shall have the right to defend the claim in such manner as
it may deem appropriate, at the cost and expense of Contractor. If it is determined that the claim
was one against which Contractor was required to indemnify the State, upon request of the State,
Contractor shall promptly reimburse the State for all such reasonable costs and expenses.
2.306 LIMITATION OF LIABILITY
Except as set forth herein, neither the Contractor nor the State shall be liable to the other party for indirect or
consequential damages, even if such party has been advised of the possibility of such damages. Such
limitation as to indirect or consequential damages shall not apply to claims for infringement of United States
patent, copyright, trademarks or trade secrets; to claims for personal injury or damage to property caused by
the gross negligence or willful misconduct of the Contractor; to claims covered by other specific provisions of
this Contract calling for liquidated damages; to Contractor’s indemnification obligations (2.305); or to court
costs or attorney’s fees awarded by a court in addition to damages after litigation based on this Contract.
The State’s liability for damages to the Contractor shall be limited to the value of this Contract.
2.307 CONTRACT DISTRIBUTION
Purchasing shall retain the sole right of Contract distribution to all State agencies and local units of State
unless other arrangements are authorized by Purchasing.
2.308 FORM, FUNCTION, AND UTILITY-RESERVED
2.309 ASSIGNMENT OF ANTITRUST CAUSE OF ACTION
For and in consideration of the opportunity to submit a quotation and other good and valuable consideration,
the bidder hereby assigns, sells and transfers to the State of Michigan all rights, title and interest in and to all
causes of action it may have under the antitrust laws of the United States or this State for price fixing, which
causes of action have accrued prior to the date of payment and which relate solely to the particular goods,
commodities, or services purchased or procured by this State pursuant to this transaction.
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2.310 LIABILITY INSURANCE
A. Insurance
The Contractor is required to provide proof of the minimum levels of insurance coverage as indicated
below. The purpose of this coverage shall be to protect the State from claims which may arise out of
or result from the Contractor’s performance of services under the terms of this Contract, whether such
services are performed by the Contractor, or by any subcontractor, or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts they may be liable.
The Contractor waives all rights against the State of Michigan, its departments, divisions, agencies,
offices, commissions, officers, employees and agents for recovery of damages to the extent these
damages are covered by the insurance policies the Contractor is required to maintain pursuant to this
Contract.
All insurance coverage provided relative to this Contract/Purchase Order is PRIMARY and NON-
CONTRIBUTING to any comparable liability insurance (including self-insurances) carried by the State.
The insurance shall be written for not less than any minimum coverage specified in this Contract or
required by law, whichever is greater.
The insurers selected by Contractor shall have an A.M. Best rating of A or better, or as otherwise
approved in writing by the State, or if such ratings are no longer available, with a comparable rating
from a recognized insurance rating agency. Companies that have been approved to do business in
the State shall issue all policies of insurance required in this Contract.
See www.michigan.gov/cis
Where specific limits are shown, they are the minimum acceptable limits. If Contractor’s policy contains
higher limits, the State shall be entitled to coverage to the extent of such higher limits.
Before both parties sign this Contract or before the purchase order is issued by the State, the
Contractor must furnish to the Director of Purchasing, certificate(s) of insurance verifying insurance
coverage (“Certificates”). The Certificate must be on the standard “accord” form or equivalent. THE
CONTRACT OR PURCHASE ORDER NO. MUST BE SHOWN ON THE CERTIFICATE OF
INSURANCE TO ASSURE CORRECT FILING. All Certificate(s) are to be prepared and submitted by
the Insurance Provider. All Certificate(s) shall contain a provision indicating that coverage afforded
under the policies WILL NOT BE CANCELLED, MATERIALLY CHANGED, OR NOT RENEWED
without THIRTY (30) days prior written notice, except for ten (10) days for non-payment of premium,
having been given to the Director of Purchasing, Department of Management and Budget. The notice
must include the Contract or Purchase Order number affected and be mailed to: Director, Purchasing,
Department of Management and Budget, P.O. Box 30026, Lansing, Michigan 48909. Failure to
provide evidence of coverage, may, at the State’s sole option, result in this Contract’s termination.
The Contractor is required to pay for and provide the type and amount of insurance checked below:
1. Commercial General Liability with the following minimum coverage:
$2,000,000 General Aggregate Limit other than Products/Completed Operations
$2,000,000 Products/Completed Operations Aggregate Limit
$1,000,000 Personal & Advertising Injury Limit
$1,000,000 Each Occurrence Limit
$500,000 Fire Damage Limit (any one fire)
The Contractor must list the State of Michigan, its departments, divisions, agencies, offices,
commissions, officers, employees and agents as ADDITIONAL INSUREDS on the Commercial
General Liability certificate. The Contractor also agrees to provide evidence that insurance
policies contain a waiver of subrogation by the insurance company.
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2. If a motor vehicle is used to provide services or products under this Contract, the Contractor
must have vehicle liability insurance on any auto including owned, hired and non-owned vehicles
used in Contractor‘s business for bodily injury and property damage as required by law.
The Contractor must list the State of Michigan, its departments, divisions, agencies, offices,
commissions, officers, employees and agents as ADDITIONAL INSUREDS on the vehicle
liability certificate. The Contractor also agrees to provide evidence that insurance policies
contain a waiver of subrogation by the insurance company.
3. Workers’ compensation coverage must be provided in accordance with applicable laws
governing the employees and employers work activities in the state of the Contractor’s domicile.
If a self-insurer provides the applicable coverage, proof must be provided of approved self-
insured authority by the jurisdiction of domicile. For employees working outside of the state of
qualification, Contractor must provide appropriate certificates of insurance proving mandated
coverage levels for the jurisdictions where the employees’ activities occur.
Any certificates of insurance received must also provide a list of states where the coverage is
applicable.
The Contractor also agrees to provide evidence that insurance policies contain a waiver of
subrogation by the insurance company. This provision shall not be applicable where prohibited
or limited by the laws of the jurisdiction in which the work is to be performed.
4. Employers liability insurance with the following minimum limits:
$100,000 each accident
$100,000 each employee by disease
$500,000 aggregate disease
5. Employee Fidelity, including Computer Crimes, insurance naming the State as a loss payee,
providing coverage for direct loss to the State and any legal liability of the State arising out of or
related to fraudulent or dishonest acts committed by the employees of Contractor or its
Subcontractors, acting alone or in collusion with others, in a minimum amount of one million
dollars ($1,000,000.00) with a maximum deductible of fifty thousand dollars ($50,000.00).
6. Umbrella or Excess Liability Insurance in a minimum amount of ten million dollars
($10,000,000.00), which shall apply, at a minimum, to the insurance required in Subsection 1
(Commercial General Liability) above.
7. Professional Liability (Errors and Omissions) Insurance with the following minimum coverage:
three million dollars ($3,000,000.00) each occurrence and three million dollars ($3,000,000.00)
annual aggregate.
8. Fire and Personal Property Insurance covering against any loss or damage to the office space
used by Contractor for any reason under this Contract, and the equipment, software and other
contents of such office space, including without limitation, those contents used by Contractor to
provide the Services to the State, up to the replacement value thereof, where such office space
and its contents are under the care, custody and control of Contractor. Such policy shall cover
all risks of direct physical loss or damage, including without limitation, flood and earthquake
coverage and coverage for computer hardware and software. The State shall be endorsed on
the policy as a loss payee as its interests appear.
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B. Subcontractors
Except where the State has approved in writing a Contractor subcontract with other insurance
provisions, Contractor shall require all of its Subcontractors under this Contract to purchase and
maintain the insurance coverage as described in this Section for the Contractor in connection with the
performance of work by those Subcontractors. Alternatively, Contractor may include any
Subcontractors under Contractor’s insurance on the coverage required in this Section.
Subcontractor(s) shall fully comply with the insurance coverage required in this Section. Failure of
Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or
responsibility.
C. Certificates of Insurance and Other Requirements
Contractor shall furnish to the Office of Purchasing certificate(s) of insurance verifying insurance
coverage or providing satisfactory evidence of self-insurance as required in this Section (the
“Certificates”). Before the Contract is signed, and not less than 20 days before the insurance
expiration date every year thereafter, the Contractor shall provide evidence that the State and its
agents, officers and employees are listed as additional insureds, but only to the extent of liabilities
assumed by Contractor as set forth in Indemnification Section of this Contract, under each commercial
general liability and commercial automobile liability policy. In the event the State approves the
representation of the State by the insurer’s attorney, the attorney may be required to be designated as
a Special Assistant Attorney General by the Attorney General of the State of Michigan.
Contractor shall maintain all required insurance coverage throughout the term of the Contract and any
extensions thereto and, in the case of claims-made Commercial General Liability policies, shall secure
tail coverage for at least three (3) years following the expiration or termination for any reason of this
Contract. The minimum limits of coverage specified above are not intended, and shall not be
construed, to limit any liability or indemnity of Contractor under this Contract to any indemnified party
or other persons. Contractor shall be responsible for all deductibles with regard to such insurance. If
Contractor fails to pay any premium for required insurance as specified in this Contract, or if any
insurer cancels or significantly reduces any required insurance as specified in this Contract without the
State’s written consent, at the State’s election (but without any obligation to do so) after the State has
given Contractor at least thirty (30) days written notice, the State may pay such premium or procure
similar insurance coverage from another company or companies; and at the State’s election, the State
may deduct the entire cost (or part thereof) from any payment due Contractor, or Contractor shall pay
the entire cost (or any part thereof) upon demand by the State.
2.311 WORKPLACE SAFETY
1. In performing work under this Contract on State premises, the Contractor shall conform to any specific
safety requirements contained in the Contract or as required by law or regulation. The Contractor shall
take any additional precautions as the State may reasonably require for safety and accident prevention
purposes. Any violation by the Contractor of such safety requirements, rules, laws or regulations shall
be a material breach of the Contract subject to the cancellation provisions contained herein.
2. In performing services for the State pursuant to this Contract, the Contractor shall comply with
Department of Civil Service Rules 2-20 regarding Workplace Safety and 1-8.3 regarding Discriminatory
Harassment. In addition, the Contractor shall comply with Civil Service Regulations governing
workplace safety and discriminatory harassment and any applicable state agency rules on these
matters that the agency provides to the Contractor. Department of Civil Service Rules and Regulations
can be found on the Department of Civil Service website at www.michigan.gov/mdcs.
2.312 WORKPLACE DISCRIMINATION
The Contractor represents and warrants that in performing services for the State pursuant to this Contract,
the Contractor agrees not to discriminate against any employee or applicant for employment, with respect to
their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to
Contract No. 071B6200239
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employment, because of race, color, religion, national origin, ancestry, age, sex, height, weight, marital
status, physical or mental handicap or disability. The Contractor further agrees that every subcontract
entered into for the performance of this Contract or purchase order resulting here from will contain a
provision requiring non-discrimination in employment, as herein specified, binding upon each subcontractor.
This covenant is required pursuant to the Elliot Larsen Civil Rights Act, 1976 Public Act 453, as amended,
MCL 37.2201, et seq., and the Persons With Disabilities Civil Rights Act, 1976 Public Act 220, as amended,
MCL 37.1101, et seq., and any breach thereof may be regarded as a material breach of the Contract or
purchase order.
Contractor hereby represents that in performing this Contract it will not violate The Civil Rights Act of 1964,
USCS Chapter 42, including, but not limited to, Title VII, 42 USCS §§ 2000e et seq.; the Americans with
Disabilities Act (ADA), 42 USCS §§ 12101 et seq.; or The Age Discrimination in Employment Act of 1967
(ADEA), 29 USCS §§ 621, 623 et seq.; the Old Workers Benefit and Protection Act of 1990 (OWBPA), 29
USCS §§ 626 et seq.; the Family Medical Leave Act of 1993 (FMLA), 29 USC §§ 651 et seq.; or the Fair
Labor Standards Act (FLSA), 29 USC §§ 201 et seq.
2.313 RESERVED
2.314 WEBSITE INCORPORATION
State expressly states that it will not be bound by any content on the Contractor’s website, even if the
Contractor’s documentation specifically referenced that content and attempts to incorporate it into any other
communication, unless the State has actual knowledge of such content and has expressly agreed to be
bound by it in a writing that has been manually signed by an authorized representation of the State.
2.4 Contract Review and Evaluation
2.401 CONTRACT COMPLIANCE INSPECTOR-RESERVED
2.402 PERFORMANCE REVIEWS
Purchasing may review with the Contractor their performance under this Contract. Performance reviews shall
be conducted semi-annually or annually depending on Contractor’s past performance with the State.
Performance reviews shall include, but not limited to, quality of products/services being delivered and
provided, timeliness of delivery, percentage of completion of orders, the amount of back orders, status of
such orders, accuracy of billings, customer service, completion and submission of required paperwork, the
number of substitutions and the reasons for substitutions, and other requirements of this Contract.
Upon a finding of poor performance, which has been documented by Purchasing, the Contractor shall be
given an opportunity to respond and take corrective action. If corrective action is not taken in a reasonable
amount of time as determined by Purchasing, the Contract may be canceled for default. Delivery by the
Contractor of unsafe and/or adulterated or off-condition products to any State agency is considered a material
breach of Contract subject to the cancellation provisions contained herein.
2.403 AUDIT OF CONTRACT COMPLIANCE/ RECORDS AND INSPECTIONS
The Contractor agrees that the State may, upon 24-hour notice, perform an audit at Contractor’s location(s)
to determine if the Contractor is complying with the requirements of the Contract. The Contractor agrees to
cooperate with the State during the audit and produce all records and documentation that verifies compliance
with the Contract requirements.
2.5 Quality and Warranties
2.501 PROHIBITED PRODUCTS-RESERVED
2.502 QUALITY ASSURANCE-RESERVED
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2.503 INSPECTION
All goods are subject to inspection and testing. In the event goods are defective in material or workmanship,
or otherwise fail to meet the requirements of this Contract, the Local Units of Government shall have the right
to reject the goods or retain the goods and correct the defects. The Contractor shall pay the Local Units of
Government for expenses incurred in correcting defects. Rejected goods will be held for 45 days after
delivery. The Contractor must arrange for the return of said goods, including paying for handling, packing,
and transportation costs. The Local Unit(s) of Government has the authority to dispose of the goods without
further liability to the State in the event the Contractor fails to make arrangements within the specified time
period.
2.504 GENERAL WARRANTIES (goods)
Warranty of Merchantability – Goods provided by Contractor under this agreement shall be merchantable. All
goods provided under this Contract shall be of good quality within the description given by the State, shall be
fit for their ordinary purpose, shall be adequately contained and packaged within the description given by the
State, shall conform to the agreed upon specifications, and shall conform to the affirmations of fact made by
the vendor or on the container or label.
Warranty of fitness for a particular purpose – When Contractor has reason to know or knows any particular
purpose for which the goods are required, and the State is relying on the vendor’s skill or judgment to select
or furnish suitable goods, there is a warranty that the goods are fit for such purpose.
Warranty of title – Contractor shall, in providing goods to the Local Units of Government, convey good title in
those goods, whose transfer is right and lawful. All goods provided by Contractor shall be delivered free from
any security interest, lien, or encumbrance of which the Local Units of Government, at the time of contracting,
has no knowledge. Goods provided by vendor, under this agreement, shall be delivered free of any rightful
claim of any third person by of infringement or the like.
2.505 CONTRACTOR WARRANTIES-RESERVED
2.506 STAFF-RESERVED
2.507 RESERVED
2.508 EQUIPMENT WARRANTY-RESERVED
2.509 RESERVED
2.6 Breach of Contract
2.601 BREACH DEFINED
Failure to comply with articles, sections, or subsections of this agreement, or making any false statement in
this agreement will be considered a material breach of this agreement giving the state authority to invoke any
and all remedies available to it under this agreement.
In addition to any remedies available in law and by the terms of this Contract, if the Contractor breaches
Sections 2.508, 2.509, or 2.510, such a breach may be considered as a default in the performance of a
material obligation of this contract.
2.602 NOTICE AND THE RIGHT TO CURE
In the event of a curable breach by the Contractor, the State shall provide the Contractor written notice of the
breach and a time period to cure said breach described in the notice. This section requiring notice and an
opportunity to cure shall not be applicable in the event of successive or repeated breaches of the same
nature or if the State determines in its sole discretion that the breach poses a serious and imminent threat to
the health or safety of any person or the imminent loss, damage or destruction of any real or tangible
personal property.
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2.603 EXCUSABLE FAILURE
1. Neither party shall be liable for any default or delay in the performance of its obligations under this
Contract if and to the extent such default or delay is caused, directly or indirectly, by: fire, flood,
earthquake, elements of nature or acts of God; riots, civil disorders, rebellions or revolutions in any
country; the failure of the other party to perform its material responsibilities under this Contract (either
itself or through another contractor); injunctions (provided the injunction was not issued as a result of
any fault or negligence of the party seeking to have its default or delay excused); or any other cause
beyond the reasonable control of such party; provided the non-performing party and its subcontractors
are without fault in causing such default or delay, and such default or delay could not have been
prevented by reasonable precautions and cannot reasonably be circumvented by the non-performing
party through the use of alternate sources, workaround plans or other means, including disaster
recovery plans. In such event, the non-performing party will be excused from any further performance
or observance of the obligation(s) so affected for as long as such circumstances prevail and such party
continues to use its best efforts to recommence performance or observance whenever and to whatever
extent possible without delay provided such party promptly notifies the other party in writing of the
inception of the excusable failure occurrence, and also of its abatement or cessation.
2. If any of the above enumerated circumstances substantially prevent, hinder, or delay performance of
the services necessary for the performance of the State’s functions for more than 14 consecutive days,
and the State determines that performance is not likely to be resumed within a period of time that is
satisfactory to the State in its reasonable discretion, then at the State’s option: (a) the State may
procure the affected services from an alternate source, and the State shall not be liable for payments
for the unperformed services under the Contract for so long as the delay in performance shall continue;
(b) the State may cancel any portions of this Contract so affected and the charges payable hereunder
shall be equitably adjusted to reflect those services canceled; or (c) this Contract will be canceled
without liability of the State to the Contractor as of the date specified by the State in a written notice of
cancellation to the Contractor. The Contractor will not have the right to any additional payments from
the State as a result of any excusable failure occurrence or to payments for services not rendered as a
result of the excusable failure condition. Defaults or delays in performance by the Contractor which are
caused by acts or omissions of its subcontractors will not relieve the Contractor of its obligations under
this Contract except to the extent that a subcontractor is itself subject to any excusable failure condition
described above and the Contractor cannot reasonably circumvent the effect of the subcontractor’s
default or delay in performance through the use of alternate sources, workaround plans or other
means.
2.7 Remedies
2.701 CANCELLATION
The State may cancel this Contract without further liability or penalty to the State, its departments, divisions,
agencies, offices, commissions, officers, agents, and employees for any of the following reasons:
1. Material Breach by the Contractor. In the event that the Contractor breaches any of its material duties
or obligations under this Contract, which are either not capable of or subject to being cured, or are not
cured within the time period specified in the written notice of breach provided by the State, or pose a
serious and imminent threat to the health and safety of any person, or the imminent loss, damage or
destruction of any real or tangible personal property, the State may, having provided written notice of
cancellation to the Contractor, cancel this Contract in whole or in part, for cause, as of the date
specified in the notice of cancellation.
In the event that this Contract is cancelled for cause, in addition to any legal remedies otherwise
available to the State by law or equity, the Contractor shall be responsible for all costs incurred by the
State in canceling this Contract, including but not limited to, State administrative costs, attorneys fees
and court costs, and any additional costs the State may incur to procure the services required by this
Contract from other sources. All excess re-procurement costs and damages shall not be considered by
the parties to be consequential, indirect or incidental, and shall not be excluded by any other terms
otherwise included in this Contract.
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In the event the State chooses to partially cancel this Contract for cause charges payable under this
Contract will be equitably adjusted to reflect those services that are cancelled.
In the event this Contract is cancelled for cause pursuant to this section, and it is therefore determined,
for any reason, that the Contractor was not in breach of contract pursuant to the provisions of this
section, that cancellation for cause shall be deemed to have been a cancellation for convenience,
effective as of the same date, and the rights and obligations of the parties shall be limited to that
otherwise provided in this Contract for a cancellation for convenience.
2. Cancellation For Convenience By the State. The State may cancel this Contract for its convenience, in
whole or part, if the State determines that such a cancellation is in the State’s best interest. Reasons
for such cancellation shall be left to the sole discretion of the State and may include, but not limited to
(a) the State no longer needs the services or products specified in this Contract, (b) relocation of office,
program changes, changes in laws, rules, or regulations make implementation of this Contract services
no longer practical or feasible, and (c) unacceptable prices for additional services requested by the
State. The State may cancel this Contract for its convenience, in whole or in part, by giving the
Contractor written notice 30 days prior to the date of cancellation. If the State chooses to cancel this
Contract in part, the charges payable under this Contract shall be equitably adjusted to reflect those
services that are cancelled.
3. Non-Appropriation. In the event that funds to enable the State to effect continued payment under this
Contract are not appropriated or otherwise made available. The Contractor acknowledges that, if this
Contract extends for several fiscal years, continuation of this Contract is subject to appropriation or
availability of funds for this project. If funds are not appropriated or otherwise made available, the State
shall have the right to cancel this Contract at the end of the last period for which funds have been
appropriated or otherwise made available by giving written notice of cancellation to the Contractor. The
State shall give the Contractor written notice of such non-appropriation or unavailability within 30 days
after it receives notice of such non-appropriation or unavailability.
4. Criminal Conviction. In the event the Contractor, an officer of the Contractor, or an owner of a 25% or
greater share of the Contractor, is convicted of a criminal offense incident to the application for or
performance of a State, public or private Contract or subcontract; or convicted of a criminal offense
including but not limited to any of the following: embezzlement, theft, forgery, bribery, falsification or
destruction of records, receiving stolen property, attempting to influence a public employee to breach
the ethical conduct standards for State of Michigan employees; convicted under State or federal
antitrust statutes; or convicted of any other criminal offense which in the sole discretion of the State,
reflects upon the Contractor’s business integrity.
5. Approvals Rescinded. The State may terminate this Contract without further liability or penalty in the
event any final administrative or judicial decision or adjudication disapproves a previously approved
request for purchase of personal services pursuant to Constitution 1963, Article 11, section 5, and Civil
Service Rule 7. Termination may be in whole or in part and may be immediate as of the date of the
written notice to Contractor or may be effective as of the date stated in such written notice.
2.702 RIGHTS UPON CANCELLATION
Termination Assistance. If this Contract (or any Statement of Work issued under it) is terminated for any
reason prior to completion, Contractor agrees to provide for up to six (6) months after the termination all
reasonable termination assistance requested by the State to facilitate the orderly transfer of such Services to
the State or its designees in a manner designed to minimize interruption and adverse effect. Such
termination assistance will be deemed by the parties to be governed by the terms and conditions of this
Contract (notwithstanding its termination) other than any terms or conditions that do not reasonably apply to
such termination assistance. Such termination assistance shall be at no additional charge to the State if the
termination is for Contractor’s Default pursuant to Section 2.602; otherwise the State shall compensate
Contractor for such termination assistance on a time and materials basis in accordance with the Amendment
Labor Rates identified within this Contract agreement.
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2.703 LIQUIDATED DAMAGES-RESERVED
2.704 STOP WORK-RESERVED
2.705 SUSPENSION OF WORK-RESERVED
2.8 Changes, Modifications, and Amendments
2.801 APPROVALS
This Contract may not be modified, amended, extended, or augmented except by a writing executed by the
parties hereto, and any breach or default by a party shall not be waived or released other than in writing
signed by the other party.
2.802 TIME EXTENTIONS
Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay
in the completion of the various elements of performance as described in the statement of work. The change
order granting the time extension may provide that the contract completion date will be extended only for
those specific elements related to the changed work and that the remaining contract completion dates for all
other portions of the work will not be altered. The change order also may provide an equitable readjustment
of liquidated damages under the new completion schedule.
2.803 MODIFICATION
Purchasing reserves the right to modify this Contract at any time during the Contract term. Such modification
may include changing the locations to be serviced, additional locations to be serviced, method or manner of
performance of the work, number of days service is to be performed, addition or deletion of tasks to be
performed, addition or deletion of items, and/or any other modifications deemed necessary. Any changes in
pricing proposed by the Contractor resulting from the proposed changes are subject to acceptance by the
State. Changes may be increases or decreases. IN THE EVENT PRICES ARE NOT ACCEPTABLE TO
THE STATE, THE CONTRACT SHALL BE SUBJECT TO COMPETITIVE BIDDING BASED UPON THE
NEW SPECIFICATION.
The State reserves the right to add an item(s) that is not described on the item listing and is available
from the Contractor. The item(s) may be included on this Contract, only if prior written approval has been
granted by Purchasing.
2.804 AUDIT AND RECORDS UPON MODIFICATION
DEFINITION: records includes books, documents, accounting procedures and practices, and other data,
regardless of whether such items are in written form, electronic form, or in any other form
Contractor shall be required to submit cost or pricing data with the pricing of any modification of this contract
to the Contract Administrator in Purchasing. Data may include accounting records, payroll records, employee
time sheets, and other information the state deems necessary to perform a fair evaluation of the modification
proposal. Contract Administrator or authorized representative of the state shall have the right to examine and
audit all of the contractor’s records, including computations and projections, related to:
1. The proposal for modification;
2. The discussions conducted on the proposal, including those related to negotiation;
3. Pricing of the modification; or
4. Performance of the modification.
Contractor shall make available at its office at all reasonable times the materials described in the paragraphs
above.
If this Contract is completely or partially terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement.
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2.805 CHANGES
(a) The Contract Administrator may, at any time, without notice to the sureties, if any, by written order
designated or indicated to be a change order, make changes in the work within the general scope of
the contract, including changes:
(1) In the specifications (including drawings and designs);
(2) In the method or manner of performance of the work;
(3) In the State-furnished facilities, equipment, materials, services, or site; or
(4) Directing acceleration in the performance of the work.
(a) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction,
interpretation, or determination) from the Contract Administrator that causes a change shall be treated
as a change order under this clause; Provided, that the Contractor gives the Contract Administrator
written notice stating:
(1) The date, circumstances, and source of the order; and
(2) That the Contractor regards the order as a change order.
(b) Except as provided in this clause, no order, statement, or conduct of the Contract Administrator shall be
treated as a change under this clause or entitle the Contractor to an equitable adjustment.

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