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2027 and 2028 Engine ContractsCopyrighted August 4, 2025 City of Dubuque City Council ACTION ITEMS # 3. ITEM TITLE: 2027 and 2028 Engine Contracts SUMMARY: City Manager recommending City Council approval for the pre -payment purchase for the two fire department engines in FY2026 for an estimated delivery of August -December 2027 (FY 2028). SUGGUESTED Receive and File; Approve DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. CM Memo- Purchase Approval Authority FY2027 FY2028 Engines FINAL 3. Reliant - Dubuque Contract 7.31.25 FINAL CLEAN Page 1203 of 1311 THE CITY OF DUBE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 2027 and 2028 Engine Contracts DATE: July 31, 2025 Dubuque AI WIN av 2007-2012.2013 2017*2019 Fire Chief Amy Scheller is recommending City Council approval for the pre -payment purchase for the two fire department engines in FY2026 for an estimated delivery of August -December 2027 (FY 2028). Seeking approval for early payment in FY2026 and debt issuance in FY2026 instead of FY2027 and FY2028. To avoid a .75% price increase on August 1, 2025, 1 have already executed the purchase agreement. Both engines have been budgeted through the FY2027 and FY2028 CIP process and were debt funded abated by local option sales tax. The proposal is to prepay for both engines in FY2026 for an estimated reduction of $180,642. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Amy Scheller, Fire Chief Jenny Larson, Chief Financial Officer Jason Lehman, Assistant City Attorney Page 1204 of 1311 THE C DUUB�QTEI Masterpiece on the Mississippi TO: Mike Van Milligen, City Manager FROM: Amy Scheller, Fire Chief SUBJECT: 2027 and 2028 Engine Contracts DATE: July 31, 2025 INTRODUCTION: Dubuque All -America City 2007-2012.2013 2017*2019 This memo respectfully requests approval to purchase the department's next 2 fire engines utilizing a pre -payment option communicated by the vendor for a reduction in overall costs. BACKGROUND: The fire department received budget approval during the FY2025 budget process to begin work to identify appropriate replacements for the FY2026 and FY2027 fire engine replacements. During the FY2026 CIP budget process the two vehicles were moved back a year to FY2027 and FY2028. Two engines being replaced are currently in reserve status and will be 20 years old in FY2027 (Engine 1907) and FY2028 (Engine 1905). The front-line engines, Engine 503 and Engine 502, will be 18 and 15 years old in FY 2027 and bump down from front line response status into reserve status for an additional 5 years. The engines were evaluated and recommended by vehicle services for replacement during the FY2025 CIP process. The vehicles were evaluated again for the FY2026 process and recommended for replacement again. These purchases will follow the manufacturer specification and build timeline currently estimated at 2.5 years minimum. A contract signed today will place the vehicles into the building and manufacturing process and secure a place in the manufacturing timeline (communicated at 30 months). The two engines would have an estimated delivery date of August -December 2027 (FY2028) at the earliest. The department has established a vehicle replacement committee of 8 representatives from both stations where the two new engines will be located for front line status. The committee was led by the two station captains who coordinated all aspects of the Page 1205 of 1311 specification process. The committee met 7 times from August 28th, 2024, until January 9th, 2025. The committee created a list of priorities for the replacement of the engines, identified potential vendors, and met with each vendor to provide a recommendation to senior staff for replacements. The committee utilized feedback from vehicle services mechanics and the safety committee during the selection process. The committee selected Pierce. Pierce is a well -established vehicle manufacturer with a large footprint across the United States in fire service and military vehicle design, sales, and construction. The committee evaluated 4 vendors and provided strong documentation on the selection of Pierce, which was not the highest or lowest priced vendor. Justification included unanimous support for the Pierce Saber Pumpers (a mid -line selection) and included the following information from the recommendation memo: Unanimously (8 members voting), the group felt the Pierce Saber Pumper met all of the team's concerns and options for operational and design features. The company can deliver premier service to maintain, repair, or provide parts for the vehicles, with service centers located in Iowa and Wisconsin for work that City of Dubuque mechanics may not perform. The vehicle had the engine and suspension, ensuring reliability and performance. The committee graded the quality of the work and details of Pierce to be exceptional compared to the other vehicles. There will also be design and appearance consistent with Ladder 511, i.e., paint color and schemes, logos, step treads, etc.. DISCUSSION: The committee made a recommendation regarding the purchase of 2 Pierce Engines. The proposed cost of the Engines is $935,386 per engine with an opportunity to pay "in full" at time of contract acceptance (city manager signature) for a savings of approximately $90,000 on each vehicle for a final proposed contract cost on each engine at $845,065. A quarterly cost increase of .75% is expected for August 1, 2025. BUDGET IMPACT: Options for procurement: Option 1 — Prepay for both engines now o Delivery: August —December 2027 (FY2028) o Cost per engine: $845,065 + $20,000 contingency o Total cost: $1,730,065 ($180,642 reduction for 2 engine pre -payment) Option 2 — Purchase both engines without prepayment discount (traditional method of signing the contracts now and making payment upon delivery in 2 Page 1206 of 1311 FY2028) Contract signature needed from the city manager (attached to this memo request). o Delivery: August —December 2027 (FY2028) o Cost per engine: $935,386 + $20,000 contingency o Total cost: $1,910,772 ($180,642 increase over Option 1) The engines will be purchased through the Houston -Galveston Area Council H-GAC, a nationwide government procurement service ensuring compliance with public competitive bidding requirements. Both engines have been budgeted through the FY2027 and FY2028 CIP process and were debt funded abated by local option sales tax. The proposal is to prepay for both engines in FY2026 for an estimated reduction of $180,642. The debt would be issued in FY 26 instead of FY 27 and FY 28 thereby increasing debt by $1,730,000 in FY26 and then reduce debt by $900,000 in FY27 and $950,000 in FY 28. Estimated annual debt service on $1,730,000 is $134,000 which would begin in FY27 if issued in spring 2026. The estimated debt service on the $900K in FY27 was $68,475 and the estimated debt service on the $950K in FY28 was $73,692. C7xd01Ly lI M I=1ki117_119Is] ►F The department recommends and seeks approval of the pre -payment purchase for the two fire department engines in FY2026 for an estimated delivery of August -December 2027 (FY 2028). Seeking approval for early payment in FY2026 and debt issuance in FY2026 instead of FY2027 and FY2028. Requesting signature on the attached contract which has been reviewed by city legal. CC Jenny Larson, Chief Financial Officer CC Jason Lehman, Assistant City Attorney 3 Page 1207 of 1311 This Purchase Agreement (together with all attachments referenced herein, the "Agreement"), made and entered into by and between Reliant Fire Apparatus, Inc., a Wisconsin corporation ("Reliant"), and The City of Dubuque, Iowa ("Customer"), is effective as of the date specified in Section 3 hereof. 1. Definitions. a. "Product" means the fire apparatus and any associated equipment manufactured or furnished for the Customer by Reliant pursuant to the Specifications. b. "Specifications" means the general specifications, technical specifications, training, and testing requirements for the Product contained in the Reliant Proposal for the Product prepared in response to the Customer's request forproposal. c. "Reliant Proposal" means the proposal provided by Reliant attached as Exhibit C prepared in response to the Customer's request for proposal. d. "Delivery" means the date Reliant is prepared to make physical possession of the Product available to the Customer. e. "Acceptance" The Customer shall have the opportunity, as described in Section 9(b) below, to inspect the Product for substantial conformance with the material Specifications; unless Reliant receives a Notice of Defect within the time frame described in Section 9(b), the Product will be deemed to be in conformance with the Specifications and accepted by the Customer. 2. Purpose. This Agreement sets forth the terms and conditions of Reliant's sale of the Product to the Customer. 3. Term of Agreement. This Agreement will become effective on the date it is signed and approved by both Customer and Reliant ("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price. 4. Purchase and Pam. The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $1,690,130.00 ("Purchase Price"). Prices are in U.S. funds. Accepted forms of payment include cash, check, money order, wire transfer, or ACH payment. Credit card or purchase card (P-Card) payments are not accepted. 5. Future Changes. Various state or federal regulatory agencies (e.g. NFPA, DOT, EPA) may require changes to the Specifications and/or the Product and in any such event any resulting cost increases reasonably incurred to comply therewith will be added to the Purchase Price to be paid by the Customer. In addition, any future drive train upgrades (engine, transmission, axles, etc.), or any other specification changes have not been calculated into our annual increases and will be provided at additional cost. Reliant will document and itemize any such price increases for the Customer. Manufacturer and/or supplier cost increases or surcharges imposed after the time of contract execution, beyond the control of Reliant, that have not been calculated into the contract amount will be documented and itemized as increases for the Customer on the Change Order. 6. Agreement Changes. The Customer may request that Reliant incorporate a change to the Products or the Specifications for the Products by delivering a change order to Reliant; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit Reliant to evaluate the feasibility of such change ("Change Order"). Within [ten (10) business days] of receipt of a Change Order, Reliant will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. Reliant shall not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only effective when counter -signed by Reliant's authorized representative. 7. Persistent Inflationary Environment Changes. If the Producer Price Index of Components for Manufacturing [www.bls.gov Series ID: WPUID6112] ("PPI") has increased at a compound annual growth rate of 5.0% or more between the month Pierce accepts our order ("Order Month") and the month 14 (fourteen) months prior to the then predicted Ready For Pickup date ("Evaluation Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month. Reliant will document any such updated price for the Customer's approval before proceeding and provide an option to cancel the order. The Customer shall have the right to accept or cancel this Agreement without penalty if the PPI charges incurred pursuant to Sections 7 exceed five Page 1208 of 1311 percent (5%) of the Purchase Price. 8. Cancellation/Termination. In the event this Agreement is cancelled or terminated before completion, Reliant may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Reliant; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Reliant endeavors to mitigate any such costs through the sale of such Product to another purchaser; however, Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by Reliant upon sale of the Product to another purchaser, plus any costs incurred by Reliant to conduct any such sale. 9. Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled to be within approximately 27.5 — 30.5 months of the Effective Date of this Agreement, F.O.B. The City of Dubuque, Iowa, Risk of loss shall pass to Customer upon Delivery. Any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available during process, and a final firm delivery will be provided when committed. (b) Inspection and Acceptance. Upon Delivery, Customer shall have fifteen (15) business days within which to inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to furnish Reliant with written notice sufficient to permit Reliant to evaluate such non-conformance ("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall be remedied by Reliant within thirty (30) days from the Notice of Defect. In the event Reliant does not receive a Notice of Defect within fifteen (15) business days of Delivery, Product will be deemed to be in conformance with Specifications and accepted by Customer. 10. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally -recognized private express courier: Reliant Fire Apparatus, Inc. Customer 880 Enterprise Drive The City of Dubuque Slinger, Wisconsin, 53086 50 W 13t' Street Fax (262) 297-5022 Dubuque, IA 52001 Page 1209 of 1311 11. Standard Warranty. Any applicable manufacturer warranties are attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by Reliant's authorized representative. a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RELIANT, ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. b. Exclusions of Incidental and Consequential Damages. In no event shall Reliant be liable for consequential, incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non -delivery or from Reliant's own negligence, or otherwise. 12. Insurance. The Original Equipment Manufacturer (Pierce Manufacturing, Inc.) maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best: Commercial General Liability Insurance: Products/Completed Operations Aggregate: $1,000,000 Each Occurrence: $1,000,000 Umbrella/Excess Liability Insurance: Aggregate: $25,000,000 Each Occurrence: $25,000,000 The Customer may request: (x) Reliant to have Pierce provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above; (y) to be included by Pierce as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable Pierce insurance policy); and (z) all policies to provide a 30 day notice of cancellation to the named insured. 13. Force Majeure. Reliant shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond Reliant's control which make Reliant's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, vehicle accidents during manufacturing and/or testing and/or delivery, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. a. Commercial Chassis Price Volatility. Company shall not be responsible for any commercial chassis price increases enacted by a commercial chassis supplier after the execution of this contract. Any commercial chassis price increases will be passed through to end user and will be documented on a Change Order. Price reflects an estimate for the commercial chassis; final price of the contract may be adjusted upon final cost from the chassis manufacturer. b. Component Price Volatility. Company shall not be responsible for any unforeseen price increase enacted by suppliers of major components of the Product (including but not limited to engine, transmission, and fire pump) after the execution of this Agreement. Any price increases for major components of the product will be passed through to the Customer and will be documented on a Change Order. 14. Default. The occurrence of one or more of the following shall constitute a default under this Agreement: (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) Reliant fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another 4 Page 1210 of 1311 entity; or (f) the Customer is in default or has breached any other contract or agreement with Reliant. 15. Manufacturer's Statement of Orrin. It is agreed that the manufacturer's statement of origin ("MSO") for the Product covered by this Agreement shall remain in the possession of Reliant until the entire Purchase Price has been paid and that payment has cleared Reliant's financial institution. If more than one Product is covered by this Agreement, then the MSO for each individual Product shall remain in the possession of Reliant until the Purchase Price for that Product has been paid in full and that payment has cleared Reliant's financial institution. In case of any default in payment, Reliant may take full possession of the Product, and any payments that have been made shall be applied as payment for the use of the Product up to the date of takingpossession. 16. Independent Contractors. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. 17. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. 18. Governing Law; Jurisdiction. Without regard to any conflict of laws provisions, this Agreement is to be governed by and under the laws of the state of Iowa. 19. Facsimile and Electronic Signatures. The delivery of signatures to this Agreement by facsimile or electronic transmission shall be binding as original signatures. 20. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by Reliant's authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by Reliant's authorized representative. 21. Conflict. In the event of a conflict between the Customer Specifications and the Reliant Proposal, the Reliant Proposal shall control. In the event there is a conflict between the Reliant Proposal and this Agreement, this Agreement shall control. 22. Signatures. This agreement is not effective unless and until it is approved, signed and dated by Reliant Fire Apparatus Inc.'s authorized representative. 23. Indemnification. a. Indemnification by Reliant. Reliant agrees to defend, indemnify, and hold harmless the Customer and its officials, directors, officers, employees, agents, successors, and assigns against any third -party claims, causes of action, costs, expenses (including reasonable attorneys' fees), liabilities, or damages (collectively, "Losses") suffered by such party and directly and solely caused by any (i) gross negligence or willful misconduct attributable to Reliant or any of its employees or agents in the performance of its obligations under this Agreement; or (ii) material breach by Reliant of its express representations or warranties made herein, limited to the direct damages arising therefrom; or (iii) any claim arising from Reliant's data, content, or combination of Reliant's data or content with any with any Customer product or service; or (iv) any claim alleging infringement of any intellectual property right by Reliant's provision of the Services or any data, content, or Product provided to Customer. b. Indemnification by the Customer. The Customer agrees to defend, indemnify, and hold harmless Reliant (including its parent, subsidiary, and affiliate companies) and each of their respective directors, officers, employees, agents, successors, and assigns against any Losses suffered by such party and directly and solely caused by any (i) gross negligence or willful misconduct attributable to the Customer or any of its employees or agents in the performance of its obligations under this Agreement; or (ii) material breach by the Customer of any of its express representations or warranties made herein, limited to the direct damages arising therefrom; or (iii) any claim arising from Customer's data, content, or combination of Customer's data or content with any Reliant product or service, or (iv) any claim alleging infringement of any intellectual property right by Customer's use of the Services or any data or content provided by Customer. c. Conditions to Indemnification. With respect to each separate matter brought by any third party against which a party hereto ("Indemnitee") who is indemnified by the other party ("Indemnitor") under this Section 23, the Indemnitor shall be responsible, at its sole cost and expense, for controlling, litigating, defending, and/or otherwise attempting to resolve, through counsel of its choice, any proceeding, claim, or cause of action underlying such matter, except that (i) the Indemnitee may, at its option, Page 1211 of 1311 participate in such defense or resolution at its expense and through counsel of its choice; (ii) the Indemnitee may, at its option, assume control of such defense or resolution if the Indemnitor does not promptly and diligently pursue such defense or resolution within thirty (30) days of receiving notice, provided that the Indemnitor shall continue to be obligated to indemnify the Indemnitee hereunder in connection therewith; and (iii) neither Indemnitor nor Indemnitee shall agree to any settlement without the other's prior written consent, which consent for Reliant shall be at its sole discretion. In any event, Indemnitor and Indemnitee shall cooperate in good faith with each other and their respective counsel with respect to all such actions or proceedings, at the Indemnitor's expense. With respect to each and every matter to which any indemnification may be sought hereunder, upon receiving notice pertaining to such matter, Indemnitee shall promptly give reasonably detailed written notice to the Indemnitor of the nature of such matter and the amount demanded or claimed in connection therewith. Failure to provide prompt notice may relieve the Indemnitor of its obligations hereunder to the extent such failure prejudices the Indemnitor's defense. d. Survival. The obligations of the parties contained in this Section 23 shall survive the termination or expiration of this Agreement. Accepted and agreed to: RELIANT FIRE APPARATUS, INC. CUSTOMER: THE /CITY )O/F� DUBUQUE, IOWA Signature: Signature: LA/4 !/w- JI&�- Name: Name: Michael C. Van Milligen Title: City Manager Date: 07/31 /2025 Page 1212 of 1311 EXHIBIT A PURCHASE DETAIL FORM Reliant Fire Apparatus, Inc. 880 Enterprise Drive Slinger, WI 53086 Fax (262) 297-5022 Date: July 29, 2025 Customer Name: City of Dubuque, Iowa Quantity Chassis Type Body Type Price per Unit 2 Saber FR Pumper $935,386.00 The contract price of $1,690,130.00 on Page 1, Item #4 of this contract reflects the truck price less the advanced payment discount offered with 100% of the contract price being paid in full within two (2) weeks of contract signing to Reliant Fire Apparatus, Inc. Base Unit Price Prior to Payment Discount: $1,870,772.00 Less Advanced Payment Discount: $ (180,642.00) Contract Purchase Price: S 1.690.130.00 Warranty Period: Warranty includes a one-year bumper to bumper warranty as outlined in Proposal #934. Proposal includes all warranty certificates of coverage including inclusions and exclusions. Training Requirements: New delivery orientation is to be provided by Reliant Fire Apparatus, Inc. upon delivery of the completed apparatus. Other Matters: Approved BMP Truck Configuration. This contract is available for inter -local and other municipal corporations to utilize with the option of adding or deleting any manufacturer available options, including chassis models. Any addition or deletion may affect the unit price. Payment Terms: Payment in the amount of $1,690,130.00 due within two (2) weeks of contract signature for recognition of full advanced payment discount quoted. If payment is not received and the advanced discount is not taken, payment in the amount of $1,870,772.00 and any associated change orders will be due Reliant Fire Apparatus, Inc. in full ten (10) days prior to shipment of the completed apparatus from the Pierce Manufacturing, Inc. Florida build location to allow processing and transfer of the Manufacturer's Statement of Origin (MSO) to take place at time of final inspection. [NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution acceptable to Reliant.] All taxes, excises and levies that Reliant may be required to pay or collect by reason of any present or future law or by any governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by Reliant to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.5 percent per month or such lesser amount permitted by law. Reliant will not be required to accept payment other than as set forth in this Agreement. However, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase Price until such time that Reliant substantially remedies the nonconformance with material Specifications, but no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after Delivery. Reliant shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by Reliant or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or liability now or hereafter incurred or owing by the Customer to Reliant, Reliant shall have and may exercise all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the state of Wisconsin. THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND Revised 09/01/2023 Page 1213 of 1311 CONDITIONS DATED AS OF JULY 29, 2025 BETWEEN RELIANT AND THE CITY OF DUBUQUE, IOWA WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY RELIANT HEREIN. Revised 09/01/2023 Page 1214 of 1311 EXHIBIT B WARRANTY WARRANTY CERTIFICATES OF COVERAGE ARE INCLUDED IN RELIANT FIRE APPARATUS PROPOSAL #934 PRESENTED TO THE CITY OF DUBUQUE, IOWA DATED JANUARY 14, 2025. Page 1215 of 1311 EXHIBIT C RELIANT PROPOSAL PROPOSAL FOR APPARATUS TO BE PROVIDED UNDER THIS CONTRACT IS RELIANT FIRE APPARATUS PROPOSAL #934 PRESENTED TO THE CITY OF DUBUQUE, IOWA DATED JANUARY 14, 2025. Page 1216 of 1311