HomeMy WebLinkAboutC12-263 Power Equipment Company Agreement AGREEMENT BETWEEN EAGLE COUNTY AND POWER EQUIPMENT COMPANY FOR PURCHASE OF LANDFILL COMPACTOR THIS AGREEMENT is made this day of A u/- , 2012, by and between Eagle County ( "County "), and, Power Equipment Company ( "Vendot), a Colorado corporation with a principal place of business at 500 E. 62nd Ave., Denver CO 80216. WHEREAS, County desires to purchase a new Bomag BC472RB landfill compactor per specifications of City of Alamogordo Bid #2011 -18 ( "Equipment ") from Vendor; and WHEREAS, Vendor is authorized to do business in the State of Colorado, has experience and expertise necessary to provide and sell said Equipment for its intended purpose and use to County; and WHEREAS, County and Vendor intend by this Agreement to set forth the scope of the responsibilities of Vendor in connection with the Equipment and related terms and conditions to govern the relationship between Vendor and County in connection with this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Vendor agree as follows: ARTICLE 1— EQUIPMENT 1.1 Vendor agrees to sell to County the Equipment set forth in Exhibit A which is attached hereto and incorporated by this reference to County. In the event of any conflict between the contents of this Agreement and Exhibit A, this Agreement shall control. 1.2 County shall have the right to inspect all Equipment prior to acceptance. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon County's request and at no charge or cost to County (i) take the Equipment back, (ii) exchange, or (iii) repair the Equipment. ARTICLE 2 — COUNTY'S REPRESENTATIVE 2.1 The Solid Waste and Recycling Department designee shall be the Vendor's contact with respect to this Agreement. ARTICLE 3 — TERM OF AGREEMENT 3.1 This Agreement shall commence upon execution of this Agreement by both parties, and shall continue in full force and effect until the Equipment is delivered, accepted by County and title passes to County. Any guarantees or warranties shall survive termination. ARTICLE 4 — COMPENSATION 4.1 For the Equipment to be provided hereunder, County will pay Vendor the amounts provided in Exhibit A. The maximum amount of compensation under this Agreement shall not exceed three hundred sixty seven thousand three hundred thirty three dollars ($367,333.00) without a signed amendment to the Agreement. Notwithstanding anything to the contrary contained in this Agreement, Client shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after, December 31st of the calendar year of the Term of this Agreement, without an appropriation therefor by Client in accordance with the budget adopted by the 1 Board of County Commissioners in compliance with the provisions of Article 25. Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C /.R.S. 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 4.2 Payment will be made for Equipment satisfactorily delivered and upon title to the Equipment passing to County and will be paid within thirty (30) days of receipt of a proper and accurate invoice from Vendor. The invoice shall include a description of Equipment sold to County under this Agreement. Upon request, Vendor shall provide County with such other supporting information as County may request. 4.3 County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. ARTICLE 5— VENDOR'S REPRESENTATIONS /WARRANTIES In order to induce County to enter into this Agreement, Vendor makes the following representations: 5.1 Vendor shall deliver the Equipment to County within 90 days of order. 5.2 Vendor has familiarized itself with the intended purpose and use of the Equipment by County and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner affect the performance of the Equipment. 5.3 Vendor will be responsible for provision of the Equipment to County in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable similar equipment vendors supplying similar Equipment. 5.4 In addition to any specific guarantees required by this Agreement and any other documents related to this Agreement, Vendor guarantees and warrants that the Equipment shall be new and free from defects of any nature for a period of five (5) years from date the Equipment is delivered and accepted by County or 10 000 hours (whichever comes first), or such loner period as may be provided by Y Y 10,000 ( ) g p Iaw. This is a bumper to bumper warranty as described in Exhibit A. 5.5 Vendor warrants merchantability and fitness for its intended use and purpose. 5.6 All guarantees and warranties of Equipment and other materials furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment or materials furnishes a guarantee or warrantee for a period longer than one (1) year from the date the Equipment is delivered and accepted by County, Vendor's guarantee shall extend for a like period as to such Equipment and materials. 5.7 Vendor warrants that title to all Equipment will pass to County upon inspection and acceptance by • County free and clear of all liens, claims, security interests or encumbrances. 5.8 Vendor assumes all risk of loss with respect to the Equipment until title to the Equipment passes from Vendor to County, at which time County shall assume all risk of loss with respect to the Equipment. Title shall pass to County after Vendor has delivered the Equipment and County has inspected and accepted the Equipment. 2 5.9 Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County any defects in the Equipment that existed prior to or during the period of any guarantee or warranty provided in this Agreement. 5.10 Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have Vendor in law or in equity. 5.11 Warranties required by this Agreement shall commence on the date of acceptance of the Equipment by County and shall terminate five (5) years or 10,000 hours (whichever comes first) after such date or such longer period as may be agreed between the parties or as may be provided under applicable law. ARTICLE 6 — ENTIRE AGREEMENT 6.1 This Agreement represents the entire Agreement between the parties hereto. There are no Contract Documents other than this Agreement including Exhibit A. The Agreement may only be altered, amended, or repealed in writing. ARTICLE 7 — MISCELLANEOUS 7.1 No assignment by a party hereto of any rights under, or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 7.2 County and Vendor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in this Agreement. 7.3 Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 3lwithout an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7.4 Invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. 7.5 This Agreement may be amended upon mutual agreement, in writing, signed by both parties. ARTICLE 8 - JURISDICTION AND VENUE: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.2 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or 3 the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. ARTICLE 9 - INDEMNIFICATION: 9.1 The Vendor shall indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse County for any and all attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claims without regard to the involvement of the Vendor. ARTICLE 10 - OWNERSHIP OF DOCUMENTS AND MATERIALS: 10.1 Vendor shall execute any bill of sale or other documents required by County to transfer title to the Equipment to County. Vendor shall provide County with copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. ARTICLE 11— NOTICE 11.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Ken Whitehead, Director • Eagle County Solid Waste & Recycling P.O. Box 473 Wolcott, Colorado 81655 (970) 328 -3470 (p) (970) 328 -3466 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 • (970) 328 -8685 (p) (970) 328 -8699 (1) The Vendor: Power Equipment Company PO Box 28 Denver, CO 80201 -0028 (303) 288 -6801 (p) (303) 288 -6809 (1) • 4 11.2 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. ARTICLE 12- PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES 12.1 For purposes of this Article 12 the terms Vendor and Contractor shall be used interchangeably. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Contract. 12.2 Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 12.3 Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E- verify program can be found at: http://www.dhs .gov/xprevprot/programs/v_1185221678150.shtm 12.4 The Contractor shall not use either the E- verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 12. 5 If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 5 12.6 The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5 - 102(5). 12.7 If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 12.8 The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. ARTICLE 13 — INDEPENDENT CONTRACTOR 13.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship between County and Contractor or County and Contractor's employees. Contractor and its employees shall be, and shall perform as, independent contractors. No officer, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for the means and methods to carry out the Services under this Agreement and for Contractor's acts and for the acts of its officers, agents, employees, and servants during the performance of this agreement. Neither Contractor nor its officers, agents, subcontractors, employees or servants may represent, act, purport to act or be deemed the agent, representative, employee or servant of County. ARTICLE 14 — INSURANCE REQUIREMENTS 14.1 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the following minimum amounts: 14.1.1 Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 14.1.2 Comprehensive Automobile Insurance shall be carried in the amount of $1,000,000 for bodily injury and $1,000,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 14.1.3 Comprehensive liability and property damage insurance issued to and covering Contractor and any subcontractor with respect to all Work performed under this Agreement and shall also name County as an additional insured, in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $1,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 14.2 Contractor shall purchase and maintain such insurance as required above and the certificate of insurance is attached hereto as Exhibit B. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, by its Board of Coun `u issioners By: 7 Peter F. unyon, Chairman C C ATTEST: V Clerk to the Board °IQR'9 CONTRACTOR: Power Eq pment�� mpany By: t it i it Title: JIP1PM I��� • STATE OF (n 4 hrojr.) ) ) ss. COUNTY OF Mo-mS The foregoing instrument was acknowledged before me by , of this -fir'-, day of l �y , 2012. My commission expires: ay \ \ �� Notary Public ; ° • '� t•1 OTAR �; b� ..�9. pUBUC : �o OF coN • 7 EXHIBIT A [INSERT PROPOSAL AND/OR SCOPE OF WORK • 8 EXHIBIT B [INSERT CERTIFICATE OF INSURANCE] • 9 " EExhibit " A MAIN OFFICE: P.O. Box Denver, CO 80201 -0028 Fax: 303- 288 -6809 Phone: 303 -288 -6801 POWER EQUIPMENT CC., • June 11,2012 Eagle County 815 Ute Creek Rd. Wolcott, CO 81655 RE: IFB 2011 -18; City of Alamogordo "Compactor for Otero County - Greentree Landfill" Attention: Ken Whitehead Jesse Masten Ken; Below please find our price quote to you, exactly as submitted to the City of Alamogordo, in response to the above referenced bid: Bid price of $367,333.00 (Complete Bomag BC 472 RB, as specified, delivered) • As is outlined in their bid, this price includes window guards, block heater, and rear work platforms as options to the base Bomag BC 472 RB. In addition, the machine will come with a 5 year /10,000 hour full machine and engine warranties. I believe Jesse has gathered all of the corresponding documentation from the purchasing department at the City of Alamogordo, including a copy of our submitted bid proposal, warranty documents, purchase order and product literature. The information you have gathered, combined with this letter and quote from PECO, should be everything that you will need to present to your commissioners to allow for you to "piggy- back" off of the Alamogordo bid for your purchase of a Bomag BC 472 RB. Please let me know if there is anything else I can provide for you or the commissioners, and thank you for this opportunity. law Andy Remmo Municipal Sales Manager Power Equipment Company 2940 East Las Vegas St. 2329 River Road 3251 MJB Road 100 Barr Avenue, SE Colorado Spgs. CO 80906 Grand Junction, CO 81502 Casper, WY 82601 Albuquerque, NM 87105 Fax: 719- 390 -9604 Fax: 970- 243 -0726 Fax: 307-577-9703 Fax:' 505 - 345 -4715 Phone: 719- 392 -1155 Phone: 970- 243 -0722 Phone: 307 - 577 -9700 Phone: 505 -344 -9466 I3WMI? P�a 6/91/2012 EQUIPMENT COMPANY pg{u n57(R%TM on. www, power- equip,com Proposal # 10735 PROPOSAL TO: EAGLE COUNTY ATTENTION: PO BOX 1705 • GYPSUM, CO 81637 • 1 New 2012 Bomag BC 472 RB landfill compactor, per specifications of City of Alamogordo Bid # 2011 -18 No Photo Available /IGWF/J EQUIPMENT COMPANY <,- Andy Remmo Municipa[ Sales Representative Denver Branch Office: (303) 288 -6801 500 E 62nd Avenue Cell: (303) 961 -8957 Denver, CO 80216 Fax: (866) 852 -3382 aremmo @power - equip.com Pricing Summary Equipment Purchase Price $367;333 Total Price $367,333 i All prices subject to applicable taxes and freight. This Quote is valid for thirty (30) days; subject to prior sale. FOB: Power Equipment Yard EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of machinery of the type described in the quotation and will make his selection and decision to order on the basis of his own judgment. SELLER DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE SPECIFICALLY STATED, THIS STATEMENT BECOMES A PART OF ANY PURCHASE. BOMAG FAYAT GROUP Refuse Compactor } 4r•.. 9 y r � Ord r z 444: ' � I 11 P. • • a I 'mzrr. t P P KEY FEATURES • Deutz Diesel 255 Hp Tier 3 Engine • BOMAG Pakall Polygonal Wheels • Efficient Hydrostatic Drive System • High Compressive Demolition Force • High Pushing Power and Tractive Effort • Automatic Central Lubrication System • Center Joint Oscillation / Articulation • Quiet Operation — Quiet Cab • Adjustable Front and Rear Scrapers plus 2 Sealed Front and Rear Frame Design wire cutters per wheel • Ergonomic Joystick Steering BOMAG Americas, Inc. 2000 Kentville Rd. • Kewanee, IL 61443 Tel: 309 853 -3571 • Fax: 309 852 -0350 Technical Specifications 11, tn \ H nnuu,'.t, imuiei _� III I . ,O I It H2 4� p i i� t ` �tlf { = lhh' t iZ L J � Shipping dimensions .. r — in cubic feet (m') with dozer blade n mow 0 2 BC472RB 35.75 (101.2) L g, • Dimensions Standard Equipment in inches (mm) A B Bz Bs D H Hz K L BC472RB 137.8 102.4 131.3 141.7 65.4 133.5 74.8 23.6 326.4 Z ROPS / FOPS cab with A/C and (3500) (2660) (3335) (3600) (1660) (3390) (1900) (600) (8290) heater, sound suppression, safety Technical data BOMAG glass, sun visor, mirrors, vibration BC472RB isolation, working lights, and Weights Operating Weight CECE lbs (kg) 52900 (24000) AM /FM /CD radio Axle load front CECE lbs (kg) 26450 (12000) 0 Joystick controls Axle load rear CECE lbs (kg) 26450 (12000) Driving Characteristics (depending on site conditions) [✓J Central lubrication system Speed (1) forward/reverse mph (kmph) 0 -2.8 (0 -4.5) Speed (2) forward/reverse mph (kmph) 0 -7.5 (0 -12.0) [✓J Windscreen wipers and washers [A Master battery disconnect switch Driv . Engine manufacturer Deutz [ti Back -up alarm & warning horn Type TCD 2013 1,06 2V Tier Compliance • Tier 3 Cooling Water Optional Equipment Number of cylinders 6 Performance ISO 9249 kW 190 Performance SAE J 1349 hp 255 ❑ Refuse Blade -- 11.8 ft S �e geed rpm 2300 ❑ Refuse wheels with premium teeth Ectrieal equipment V 12 Compaction Wheels ❑ Refuse wheels with forged teeth Width Front in (mm) 44.3 (1125) Width Rear • in (mm) 35.4 (900) ❑ Decelerator pedal Outer diameter Fronr /Rear in (mm) 65.3 (1660) El Charcoal cab air filtration Number of teeth per wheel Front /Rear 50(40 Brakes ❑ Protection grids for cab Service brake hydrostatic . Parking brake SAHR ❑ Service P latforms Emergency brake SAHR ❑ Rotary beacon Steering 1 Steering system oscillating, articulating ❑ Special paint Steering angle ± degrees 35 Oscillating angle ± degrees 15 2 Track radius, inner in (mm) 153.2. (3891) c Dozer Blade 5 Height adjustment above ground level in (mm) 47.2 (1200) - Height adjustment below ground level in (mm) 4.7 (120) m .•a Capacities Fuel • gal (I), 99.1 (375) M. Hydraulic oil gal (I) 74.0 (280) m Engine oil gal .(I) 7.3 (27.5) T hnid modifications reserved. Machin. may k shown with option, www.gobomag.com • { ussiii - - 's•' A l _ . T 4 ' ti' 7-,. '-at ....,4...... 4,, �` '4r • • ' c 41,4 + � : 1Y a�• - r , ' 3 r . _ .ma 7c �1 �i4.3� a4!'4Cate • s ,� $ ,. X11' wy: AK, 4 Efficient Component Access with a Vertically Opening Hood Nigh Pushing Power and Tractive Effort Well-suited for Extreme Landfill Conditions 0 0 0 0 0 0 d ° 0 0 0 co Q) • y , LC) al ct) yr a Q b M . C t} 69- CO 69 E '3 , H. 3 Cf O' = W H C Y O O O O O Q_. V o Q h r- Ei ti — f0 -a o 0 w U . C N C1 J 0 _ CD Z 2 0 0 0 c co - Y 0 0 N m0 0 c') M O �Lp E V cri M H >, N .- 'C co t(0 cm J O m w ' W cr et 01 c6 0 = O ce co p m CO o e H ¢ +2 0 w w Z" 0. m00 • , 0 Li S.. • < . J a) Q Z o o_ • O. 0 U to O 0 F- 2 u 0. a>— U I _ - fl O a V N `o C m W J Oa) a, E °2 E a) 0 • O( 0 H Z a) J a t a H U' 0 H w Z — I F ,R - �` of vJ/a Jo Purchasing Dept. 2600 N. Florida Ave. Alamogordo, NM 88310 (575) 439 -4116 Fax (575)439 -4117 January 13, 2012 To Whom It May Concern: • The City of Alamogordo is requesting sealed bids for the purchase of a "Re -Bid IFB 2011 -18 Compactor for Otero County - Greentree Landfill" in accordance with the attached specifications. REQUIREMENTS 1. The City reserves the right to reject any or all bids, and to waive minor informalities and irregularities in bids received. 2. The specifications of acceptable products are not intended to be comprehensive specifications, or in any order of preference. The bidder may offer any products that comply with the governing specifications that are considered equivalent to that which are indicated or specified. 3. Award shall be made on a lump sum basis. 4. Bidder must submit with bid name of manufacturer, model name or number, specifications, date stamped photos, location of nearest authorized dealer or vendor for product maintenance and repair and applicable guarantees to the City of Alamogordo Purchasing Department, 2600 N. Florida Ave., Alamogordo, NM 88310. 5. Price shall be filled in for all items on the Bid Schedule. The Bid Schedule must be completed in ink. The address and telephone number must be completed. Any Bid not duly signed will be considered non - responsive. The Non - collusion Affidavit must be submitted with bid proposal. Failure to submit an affidavit with the bid proposal may result in disqualification of the bid. Sealed bids will be received no later than 2 :00 p.m. on Thursday, January 26, 2012 at the Office of the Purchasing Manager located at 2600 N. Florida Avenue, Alamogordo, NM 88310. The City Commission at their regularly scheduled meeting will make an award of the bid. Please mark clearly on the outside or your sealed bid "Re -Bid IFB Number 2011 -18, Compactor for Otero County - Greentree Landfill." • 1 CITY OF ALAMOGORDO INSTRUCTIONS AND CONDITIONS These Instructions and Conditions are meant to coincide with bids. Several bids have individual requirements. Where there is no mention of specific requirements, these Instructions and Conditions shall govern. 1. PREPARATION OF BID A. Unit prices for each unit offered shall be shown unless otherwise specified. In case of a discrepancy between a unit price and an extended price, the unit price will prevail. B. Bidders must state a definite time for delivery of supplies or performance of services, unless otherwise specified in the bid. Time, if stated in number of days, will include Saturdays, Sundays, and holidays. C. Specifications within this IFB are not meant to exclude any bidder or manufacturer. Where a product characteristic of a sole manufacturer, or where a "Brand Name" is indicated, it will be defined to mean "Acceptable Level" or "Quality Required" by the City of Alamogordo, unless "No Substitute" is indicated. 2. AMENDMENTS OR CHANGES TO BIDS A. Any explanation desired by a bidder regarding the meaning or interpretation of a bid, specifications, etc., must be requested in writing, and with sufficient time allowed for a reply to reach the bidder before the opening date. Verbal explanations or instructions given prior to opening of the bid will not be binding. B. Occasionally, the City will issue amendments to IFB's after they are mailed to vendors. The amendment will become part of the IFB, and must be attached to the bid proposal. 3. SUBMISSION OF BIDS A. Bids must be mailed or hand carried to the City Purchasing Department, 2600 N. Florida Ave., Alamogordo, NM 88310. The envelope must be sealed with the name of bidder, IFB number, and date of opening shown on the outside. B. The City of Alamogordo will not be responsible for bids which are mailed in. Bids faxed to the Purchasing Department will not be accepted as a sealed bid. C. Every effort will be made to begin reading bids at exactly the time specified. However, since it is impossible to begin on the exact second, bids will be accepted until the first envelope is opened. Bids received after the opening of the first envelope will not be considered, and will be returned unopened to the bidder. 2 D. Prices shall be filled in for all items on the Bid Schedule. The Bid Schedule must be completed in ink. The address and telephone number must be completed. Any Bid not duly signed will be considered non - responsive. 4. MODIFICATION OR WITHDRAWAL OF BID A. Bidders may modify or withdraw their bids by written or telegraphic notice prior to the date and time of the bid opening. B. A bid may be withdrawn in person at any time before the bid opening provided a receipt is signed by the bidder or its authorized representative. 5. AWARD OF BID A. This IFB will be awarded to the responsible vendor whose bid is the most advantageous to the City of Alamogordo, price and other factors considered. B. The City of Alamogordo reserves the right to reject any or all bids and to waive informalities and minor irregularities in bids received. C. This IFB and award is contingent upon available funding. D. The City may accept any item or group of items of any bid, unless the bidder qualifies its bid by specific limitations. E. Tax exemption certificates will be provided, if necessary, by the Purchasing Department. F. In case of default by the bidder, the City shall have the right to cancel and to repurchase from other sources, and will take recourse as provided by law. G. A notice of award and /or purchase order mailed, or otherwise provided to the successful bidder will result in a binding contract without further action by either party. H. The bidder, if its bid is accepted, hereby expressly binds itself to defend, indemnify, and save harmless the City, its agents, servants, and employees from all claims, suits, and actions of every nature and description brought against the City or its agents. This pledge to indemnify applies to providing materials, equipment, supplies, services, contractual construction, or contractual demolition done by the bidder pursuant to the IFB or by reason of any act or omission, misfeasance of the bidder, its agents, servants, or employees. This paragraph shall equally apply to injuries to bidder's employees. I. Bid prices must be firm for a period of at least sixty (60) days after the bid opening date. 3 IN ADDITION TO THE INSTRUCTIONS AND INFORMATION STATED, THE REQUIREMENTS MARKED BELOW ARE APPLICABLE TO THIS IFB: Each bid MUST be accompanied by a cashier's check, certified check, or bid bond in the amount of five percent (5 %) of the total amount bid. This is a guarantee that the bidder, if awarded the contract, will furnish the material as bid. If a cashier's check, certified check, or bid bond is not provided as required, the bid will be rejected. Successful bidder will be required to submit a performance bond in the amount of 100% of the total amount bid after notification of award. XX Bid amounts shall be a firm prices for the quantities and/or time specified. In the interest of fairness and sound business practice, it is mandatory that the bidder state any exceptions taken to the specifications. 4 • SPECIAL CONDITIONS 1. All orders are F.O.B.: City of Alamogordo, Central Receiving, 2600 N. Florida Ave., Alamogordo, NM 88310, unless otherwise specified in the IFB. 2. Cost of freight will be incurred by the vendor and will therefore be reflected in the bid amount(s) quoted. All items will be F.O.B. location cited in bid or quote. Failure to include freight costs may result in rejection of the bid or quote. 3. Deliveries to 2600 N. Florida Avenue may be made between the hours of 8:00 a.m. and 3:00 p.m. 4. No partial deliveries will be accepted on any one item; deliver complete. 5. City purchase order numbers and vendor stock numbers shall appear on all invoices, packing slips, and the outside of all inventory shipping containers (boxes, pallets, or tag the material itself). 6. Bids will be awarded by unit of issue, not by packaging, or casing of vendor. Exceptions will be made by Central Receiving personnel, who will have the option to accept or reject any or all items. 7. Packing slips must accompany all shipments and indicate the purchase order number. 8. Vendor will provide current copies of all manufacturer specifications and warranties. Failure to include such information may result in rejection of the bid or quotation. 9. Include any written manufacturer guarantees and warranties. Also, include any written guarantees or warranties from the bidder. 10. Bid the closest unit manufacturer's quantity unit pack without breaking the manufacturer's standard pack. Indicate the difference in your bid by circling our quantities being changed and placing your bid to the left of our quantity. 11. TRADE NAMES OR EQUALS: Whenever in the specifications, any particular materials, process and /or equipment is indicated or specified by patent, proprietary, or brand name, or by name of manufacturer, such wording shall be deemed to be used for the purpose of facilitating description of the material, process, and /or equipment desired, and shall be deemed to be followed by the words "or equal ". The lists of acceptable material are not intended to be comprehensive lists, or in any order of preference. The bidder may offer any material, process, and /or equipment which comply with the governing specifications which the bidder considers to be equivalent to that which is indicated or specified. 5 12. The City of Alamogordo reserves the right to award in total or by group of items, on the basis of individual items, or any combination of these which is in the best interest of the City. 13. Delivery is requested within 45 days after the receipt of the purchase order, unless otherwise stated in the IFB. 14. Notify Central Receiving at (575) 439 -4242, at least one working day prior to delivery, unless otherwise stated in the IFB. 15. Refer all questions on this bid to the City of Alamogordo Purchasing Department, (575) 439- 4116, unless another contact person has been named in the IFB. 16. Is Residential Preference being claimed? YES NO To qualify for Residential Preference, you must be in compliance with Alamogordo City Ordinance No. 1009. City Business Registration No. N/A 17. Any contract over $20,000.00 "for the construction, alteration, improvement or repair of any public building, structure or highway, or for any public work" requires the furnishing of a labor and materialman's payment bond under Section 13 -4 -18 NMSA 1978, the "Little Miller Act ". 18. If this bid involves the employment of mechanics or laborers, and no bids under $60,000.00 are received, the project will be re -bid under the New Mexico Public Works Minimum Wage Act. • 6 Notice to Bidders For Sealed Bids Effective August 23, 1991 the Alamogordo City Commission adopted Ordinance No. 827 that includes provisions for a "Local Resident Bid Evaluation Criterion." On April 19, 1997, the Alamogordo City Commission adopted Ordinance No. 1009 that amended this section to read: Any business, with a business registration from Alamogordo, and located within fifteen miles of the City limits of Alamogordo shall be allowed, a five (5 %) percent preference, if the business so chooses this preference. Specifically, if a bid price received from a local vendor or contractor is not more than five percent above the bid received from a non -local vendor or contractor, the local vendor or contractor will be offered the contract at a price equal to that of the non -local vendor or contractor. Acceptance of this preference is optional for the local vendor or contractor. Such acceptance must be in writing and signed by a principal officer of the firm. • An area business is one which: 1. Is authorized to do and is doing business under the laws of the state; 2. Possesses a current city business registration; 3. Maintains fixed offices or distribution points within fifteen (15) miles of the corporate limits of the city. Post office box numbers of residential addresses may not be used solely to establish status as an area business; and 4. Agrees to furnish evidence, in a form suitable to the city, of its payment of New Mexico gross receipts is tax. P In addition to any other criteria that may be used in evaluating a competitive bid, a criterion will be applied for any business that meets the above requirements in awarding a contract for purchase of goods, services, or construction. 7 Landfill Compactor Specifications GENERAL Compactor basic operating weight with ROPS cab, landfill blade, fuel and oil levels full and no ballast in wheels shall not be Tess than 50,000 lbs. The compactor shall be four wheel and shall have the following characteristics: Weight difference between front axle and rear axle shall not exceed 10 %. Overall width of the compactor over wheels shall not exceed 11'. Overall length of compactor shall not exceed 28' including blade. Compactor wheelbase shall be 11'. Minimum ground clearance below articulation joint with full penetration of compactor feet shall be 14 ". Effective compaction width per pass shall be at least 80" (2032 mm) with front and rear wheel tracking each other. Frames shall be fabricated from steel plate and rolled box sections. Front and rear frames shall be connected by hardened steel pins, with each riding in two.tapered roller bearings. Machine shall have center point articulation and at least 84- degree total articulation. No -SPIN front and rear differential shall incorporated into the drive train. The Compactor shall be equipped with backup alarm and front warning horn. Machine shall have front and rear working lights. • Integrated diagnostic connector to analyze electrical functions. Side platforms on the left and right shall provide easy access to the rear of the cab. A 12 volt power supply shall be provided for powering a radio. A built in storage space shall be standard to hold personal items. Windshield washers shall be standard on the front and rear windows. The front wiper shall have intermittent speed capability. Integrated hinged doors for access to battery boxes. Equipped with ground -level access to lubrication points. Side enclosures shall be provided for the engine. Roof mounted air conditioner ENGINE The engine shall meet U.S. Environmental Protection Agency Tier 4 emissions regulations and Stage IIIA EU Directive /97/68/EC. The engine shall be a six cylinder, four - stroke cycle, diesel, after cooled engine and shall have a wet sleeve design. It shall have a minimum of 230 gross hp rated at 2100 rpm and shall have a turbocharger. The engine shall also have the following: Equipped with an in block engine coolant heater. Equipped with a 24 volt electric system for both starting and operating. Radiator shall be a modular design. Equipped with a minimum of 80 -amp alternator. 8 TRANSMISSION The transmission shall be a planetary type power shift capable of making repeated speed and directional changes at full torque. It shall provide at least 2 speeds forward and 2 speeds reverse. Transmission operation shall include the following: A single lever shall affect both speed and directional changes. The torque converter shall be single stage and single phase. The vehicle shall have four -wheel drive with inboard planetary reduction for each wheel. The electronic clutch pressure control /controlled throttle shifting shall sense input from the transmission and the operator controls to modulate each individual clutch through a proportional electro- hydraulic valve. A throttle lock shall allow an operator to set the engine speed and remove his foot from the accelerator pedal. The left pedal shall act as both a brake and an engine decelerator to override the engine speed selected by the throttle lock. This enables the operator to slow down and return to speed without pressing a button. The Compactor shall be equipped with a quick gear kick up /down button that allows the operator to easily to downshift or up shift to a different gear. BRAKING Two independent braking systems shall be required, service and parking. The parking brake shall be dry drum type on main driveline that is spring applied and hydraulic - released. The secondary or emergency brake shall automatically apply when hydraulic pressure drops below 1000 psi. (Vehicle shall be capable of driving through the emergency brake.) Oil -disc brakes shall be adjustment free and fully enclosed to lock out contaminants. HYDRAULICS The hydraulic system shall be fully filtered and enclosed with no vents, breathers or valves in tank. The steering and blade (implement) hydraulic systems shall be a two pump system with separate hydraulic circuits. WHEELS Wheels shall be all steel with a minimum diameter of 51" and a minimum of 63" diameter over blades or tips. Standard wheel tip shall have a 10,000 hour or four year wear life guarantee. CAB ROPS/FOPS shall be certified and standard. The cab shall be sound suppressed and shall meet both current OSHA and MSHA standards for operator sound levels. The cab shall have pressurized and filtered air circulation system. The air conditioner and heater shall be installed and warranted and serviced by seller of machine. The seat shall provide fore, aft and vertical adjustment. The steering column shall be adjustable. 9 COMPACTOR MONITORING Machine monitoring system shall constantly check machine functions and tell the operator where there is a problem. System shall also display current readings and contain a three level warning system with full time monitoring of key functions. The compactor shall be equipped to monitor the following: Fuel Level Hydraulic Oil Temperature Engine Coolant Temperature Transmission Oil Temperature Engine RPM Speed Air Inlet Temperature Fuel Filter Status Transmission Filter Status Engine Over speed Parking Brake Status Steering Oil Pressure Engine Oil Pressure Electrical System voltage Brake Oil Pressure IMPLEMENT BLADE The compactor shall be equipped with a landfill dozer blade. The moldboard shall be a 'box- section' design. The blade raise height shall be a minimum of 44 ". Depth of cut shall be no less than 14 ". The blade shall be a minimum of 12 feet wide and 6 feet to top of trash guard. It shall have reversible bolt -on cutting edges. FLUID CAPACITIES The compactor shall have the following fluid capacities as a minimum: Fuel tank - 100 gallons. Cooling system - 12ga1. Crankcase capacity -6 gal. Transmission capacity - 10 gal. Differential and front final drives - 10 gal. Hydraulic system including tank - 35ga1. Hydraulic tank - 21 gal. MACHINE PROTECTION The Compactor shall be equipped with adequate protection for Landfill operation. The following protection measures are minimum: High radiator air inlet shall help prevent trash from entering the radiator area. Radiator precleaner screen shall prevent trash from entering the radiator compartment. Axle and seal guards shall prevent trash buildup on axles and protect axle seals. Hydraulic tank and steering cylinders shall be guarded to resist damage. 10 Striker bars to provide protection from trash that can be thrown or carried by the wheels. Hinged engine and power train guards shall help prevent trash buildup and shield components from demolition debris while allowing access for maintenance and cleaning. An integral rear bumper shall help protect the radiator, fan, batteries and engine. The fuel tank shall be positioned inside front frame and away from debris. Front window guard shall be available across the bottom of the front cab glass to deflect debris and reduce damage to the front windows. Wheel and tip cleaner finger shall be available and shall be welded onto the standard striker bars to keep wheels from plugging when working in cohesive materials. OWNER AND OPERATION MANUALS The following shall be provided with the equipment at time of delivery: 2- copies of operator's manuals. 1 -copy of service manual of cab and chassis to include electrical and hydraulic diagrams. 1 -copy of parts manual for cab and chassis 1 -copy of complete engine service manual 1 -copy of complete engine parts manual 1 -set of filters to perform at least one complete service of the unit to include, although not limited to air, cab, fuel, hydraulic, oil, and transmission filters. DELIVERY All bid prices shall include delivery to the Otero County — Greentree Landfill approximately 25 miles south of Alamogordo, NM. WARRANTY Compactor Warranty shall be 5 years or 7500 machine hours. Note: "Equals" or "Equivalents" to these specifications may be considered provided the bidder furnishes sufficient proof that their offer meets or exceeds the intent of these specifications. Any exceptions to these specifications shall be identified by the bidder when submitting the bid. 11 INSTRUCTIONS.FOR NONCOLLUSION AFFIDAVIT 1. This Noncollusion Affidavit is material to any contract /purchase order awarded pursuant to this bid. According to Section 4507 of Act 57 of May 15, 1998, 62 Pa. C. S. § 4507, governmental agencies may require Noncollusion Affidavits to be submitted with bids. 2. This Noncollusion Affidavit must be executed by the member, officer or employee of the bidder who makes the final decision on prices and the amount quoted in the bid. 3. Bid rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of bids are unlawful and may be subject to criminal prosecution. The person who signs the affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the bidder with responsibilities for the preparation, approval or submission of the bid. 4. In the case of a bid submitted by a joint venture, each party to the venture must be identified in the bid documents, and an affidavit must be submitted separately on behalf of each party. 5. The term "complementary bid" as used in the affidavit has the meaning commonly associated with that term in the bidding process, and includes the knowing submission of bids higher than the bid of another firm, any intentionally high or noncompetitive bid, and any other form of bid submitted for the purpose of giving a false appearance of competition. 6. Failure to submit an affidavit with the bid proposal in compliance with these instructions may result in disqualification of the bid. 12 NONCOLLUSION AFFIDAVIT State of New Mexico • County of Otero : s.s. I state that I am Andy Remmo of Power Equipment Company and that 1 am authorized to make this affidavit on behalf of my firm, and its owners, directors, and, officers. I am the person responsible in my firm for the prices) and the amount of this bid. l state that: (1) The price(s) and amount of this bid have been arrived at independently and without consultation, communication or agreement with any other contractor, bidder or potential bidder. (2) Neither the price(s) nor the amount of this bid, and neither the approximate price(s) nor approximate amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder, and they will not be disclosed before bid opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit a bid higher than this bid, or to submit any intentionally high or noncompetitive bid or other form of complementary bid. (4) The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid. (5) Power Equipment Company (Name of Firm) its affiliates, subsidiaries, officers, directors, and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by state or federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows: I state that Power Eauipment Company (Name of Firm) understands and acknowledges that the above representations are material and important, and will be relied on by Otero County (Name of Purchasing Agency) in awarding the contract(s)/ purchase order(s) for which this bid is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Purchasing Agency of the true facts relating to the submission of this bid. Andy Remmo (Signature) (Signatory's Name) • Municipal Sales Manager (Signatory's Title) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20 My Commission Expires Notary Public 13 CITY OF ALAMOGORDO BID SCHEDULE Bids will be received by the City Purchasing Manager of the City of Alamogordo until 2:00 p.m., Thursday, January 26, 2012, for the following items: Re -Bid IFB NO. 2011 -18 "Compactor for Otero County - Greentree Landfill' ITEM NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE 1 1 Each Compactor for Landfill as specified, delivered $367,333.00 $367,333.00 Make: BOMAG Model: BC 472RB TOTAL BID $367,333.00 $367,333.00 PAYMENT TERMS: Net 30 after receipt of invoice Guarantee Delivery of item within 60 -90 Days of order. F.O.B.: Otero County- Greentree Landfill, HWY 54, Mile Marker 43, Alamogordo NM 88310 Delivery charges are to be included in your price. Notify Fleet Mgr. Pat White (575) 439 -4125 one week in advance of delivery. • The undersigned hereby offers to furnish and deliver the articles or services as specified at the prices and terms there stated and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. Company Name Power Equipment Company Business Address 100 Barr Ave SE • City Albuquerque State NM Zip 87105 Telephone(303) 961 -8957 Printed Name - Authorized Representative Andy Remmo Signature — Authorized Representative 14 . A DEUTZ Limited Warranty Statement 0 DEUTZ ENGINE, DEurz) HAfltcE° ENGINE, DEUTZ GENUINE DEUTZ PART OR GENUINE toEurZ)( HANGE° PART 1. DEUTZ Corporation ('DC ") warrants to the original retail 5. This warranty does not over any components supplied customer that each new DEUTZ engine or genuine by DC manufactured by someone other than DEUTZ AG, emu= engine("Engine ") or genuipe new such as components obtained by DC from its suppliers DEUTZ spare or replacement part or DetryaA HAuucE° (other than DEUTZ AG), and DC makes no warranty part ( "Parr) supplied by DC or an authorized distributor of DC, whatsoever with respect to such components. Such purchased by the original retail customer and properly installed components will be covered only by the warranties, if any, in an application, will be free from defects in material and as may be issued by such suppliers themselves, which workmanship under normal use and service. If during the warranties will be made available to customer upon warranty period following the delivery of the Engine or Part, it is request. This warranty does not cover any components shown there is a defect In material or workmanship caused added by DC's customers before reselling it to the end - solely by failure of DC's manufacturer (DEUTZ AG) to meet customer, and DC makes no warranty whatsoever with such standards, and customer has notified DC in writing of respect to suoh components. such defect within that period, DC shall repair or replace, at DC's cost and option, such defective Engine or Part. Such 6. The warranties, obligations, liabilities and remedies of repair or replacement will be made without charge to the the parties, as provided herein, are exclusive and in lieu of customer at customer's premises or, at the option of DC, at any others available at law or in equity. DC's total such other location as DC may designate. Any Engine or Part aggregate liability with respect to any defective Engine or that is replaced shall become the property of DC. Any repaired Part shall not exceed the amount paid by the customer for or replaced Engine or Part shall be warranted until the such Engine or Part and customer agrees to release, expiration of the original warranty period. DC's warranty defend, indemnify and hold DC harmless from and against obligation is expressly conditioned upon the customerfulfifling any and all further liability in excess thereof arising in any all obligations pursuant to customer's purchase order, manner from any alleged defective Engine or Part. To the Including, without limitation, all payment obligations. fullest extent allowed by law, releases from and limitations of liability shall apply notwithstanding breach of contract, 2. ENGINES (NEW OR DEtrrZXCHATIGE• ); tort (including negligence), strict liability or other theory of Warranty coverage is provided for the DEUTZ engine legal liability of the party released or whose liability is ' - series listed below: limited. The laws of the State of Georgia shall govern this Wmrar4y Warranty warranty. Period Operating Hours Caverare 12 Unlimited Atcornparents 7. UNDER NO CIRCUMSTANCES WILL THE CUSTOMER ionths BE ENTITLED TO RECISSION OR TO A REDUCTION IN — THE PURCHASE PRICE. CUSTOMER WAIVES ANY 1.5 19,1E 1000 511. S0�J.101/,19ttF,2010,2011 2AOOn AND ALL CLAIM FOR LOSS OF TIME, REPLACEMENT 51 24 2003. 2039 2GC9h AB components POWER, INCREASED COST, INCONVENIENCE, LOSS =mils 1012,2012,1913.2013 300011 (tithe engine OF USE OR PROFIT, LOSS OF GOODWILL, COST OF 910, 912, 913, 914 3000n 113 and 914 pas engines as i9h CAPITAL, COST OF RENTALS OR ANY OTHER DIRECT, 413, 613. 1015. 2015,2015 gas engne 5000h INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES . WHATSOEVER. 8. THIS WARRANTY AND THE DEUTZ EMISSION WARRANTIES FOR EPA - APPROVED DEUTZ ENGINES AND GENUINE DEUTZ PARTS INSTALLED IN SUCH The Engine warranty will commence at the date of sale to ENGINES ARE IN LIEU OF ALL OTHER EXPRESS OR the original retail customer, or one year from the date of IMPLIED WARRANTIES OF DC AND DEUTZ AG WITH manufacture, whichever occurs first. RESPECT TO DEUTZ ENGINES AND GENUINE DEUTZ PARTS, INCLUDING, WITHOUT LIMITATION, ANY 3. PARTS: Warranty coverage Is provided for each new IMPLIED WARRANTY OF MERCHANTABILITY OR genuine DEUTZ Part or DEurZ�cHAfucE° Part fora FITNESS FOR ANY PARTICULAR PURPOSE. NEITHER period of 12 months from the date of sale to the original DC NOR DEUTZ AG ASSUME, NOR AUTHORIZE ANY retail customer. DISTRIBUTOR OR OTHER PERSON TO ASSUME, ON THEIR BEHALF, ANY OTHER OBLIGATION OR 4. This warranty does not cover the fol lowing: (i) wear and LIABILITY. tear or contaminants; (11) exposure, corrosion or prolonged or improper storage; (iii) normal maintenance service or the 9. For details of the DEUTZ warranty contact: replacement or repair of parts required to be replaced or DEUTZ Corporation repaired In the course of normal maintenance service; (iv) Warranty Department - improper installation, use, fuels, lubricants, operation, 3883 Steve Reynolds Blvd maintenance, transportation or packing; (v) misuse, Norcross GA 30093 USA alteration, negligence and accidents; (vi) chemical or Phone: 770 -564 -7100 electrical action; and (vil) unauthorized repairs. wurv.deutzamericas.com . Revfsad Aptit 1, 2049 . tiZ7J 5 • BOMAG Xtended Protection COE , T A Program Application Engine SIN t o 3 (.p 3 7 Engine Model f c t) 2 a /3 Z., 04 DEUTZ Distributor Street Address City, State, Zip Code 5Te;wART S —\,f SaAt Purchaser (Owner) Street Address Ctttyy, State, Zip_ Code {ANER eautpoicorr CoMP++iuy Se EAyr 6,2"'p AY 004V ER- Cx> esc.ZUa Ft5ik CCry OF ALAMOC- ►a *Qc3 4Cle& a U. PLC` Ave ALAMofrbRUta NM 8e.:1I • Coverage Schedule Months / Hours / Cost $ 1 1 (rG) (t} MONTHS AO, oot.)- !frx>RS too to ONTffS Dr— Engine Rating (per engine data plate) Machine Manufacturer, Model, and Serial Number B014A Ca tic 41111,B {'xokW ZS'51fp Stet: IOtT °DO. 1 InService Date Current Hours Agreement Date Coverage Expires (7 APRIL 2..c'ta 2,1 • tr7 APRt.t_ 2 - 0 1 2 . Etn APRIL Zcat'r 1. BOMAG XTENDED PROTECTION PROGRAM ( BOMAG Program) DEUTZ Corporation (DC) offers for sale to the original retail purchaser (Purchaser) extended warranty benefits for engine models described below subject to the DO Terms and Conditions of Sate and the DEUTZ Warranty Statement (Standard Warranty), incorporated herein by reference and evaiiable at www.deufzuea.com or from an authorized DEUTZ Distributor or Dealer. The availability and terms of the BOMAG Program may change without notice. 2. TERM Upon written confirmation to Purchaser, the BOMAG Program is effective at the expiration of the Standard Warranty. The BOMAG Program term is based upon engine model, program and applicable premium at Purchaser's option and extends through the years of operation or operating hours (OH), whichover occurs first, as offered in the table below. Purchaser's BOMAG coverage shall expire upon the sale or transfer of the machine and/or DEUTZ engine and Purchaser shall not be entitled to any refund of premium. 3. COVERAGE Covered Parts are alt components of the engine manufactured by DEUTZ or its affiliated companies unless otherwise excluded in the Standard Warranty or Sections 4, 5, 6 and 7 herein. 4. PURCHASER'S OBLIGATIONS Purchaser shall timely submit a BOMAG Program application together with premium payment. Upon approval, written confirmation of BOMAG coverage shall be forwarded to Purchaser. The Purchaser is obligated to operate and service the engine In accordance with the applicable DEUTZ operator manual, conform to DEUTZ fluid medium specifications (coolant, fuel and oil) and use only genuine DEUTZ parts. All repairs and services must be provided by an authorized DEUTZ service organization or authorized by DEUTZ. Shipping and transport expenses shall be paid by Purchaser. Purchaser shall keep adequate records of maintenance.-and service and retain replaoed parts for failure analysis end make available upon request. Purchaser shall pay for all costs incurred for analysis and repair of an unwarrantable claim. Failure to comply with this Section 4 shall void Purchaser's BOMAG coverage and Purchaser shall not be entitled to any refund of premium. • 5, EXCLUSIONS Application for the BOMAG Program must be received within six (6) months following commissioning or in- service date of the engine. The BOMAG Program is not available for (i) engines operated with blo fuel or gas, (ii) engines operated outside of the US ar Canada, (111) ) travel expenses, (iv) transport or shipping, or (v) engines stored for more than 18 months from date of manufacture unless the Standard Warranty has been reinstated by DC. Any BOMAG Program invalidated under this Section 5 shall entitle Purchaser to a refund of any premium payment made with the application. This refund shall be Purchaser's sole remedy against DC, its parents and subsidiaries. Distributors or Dealers. DC, its parents and subsidiaries, Distributors or Dealers shall have no further obligation or liability to Purchaser. • 6. EXCLUDED PARTS The BOMAG Program does not apply to electrical and electronic equipment (starters, alternators, harness, etc), air compressors, hydraulic pumps and hoses. servicing or maintenance parts, Including, but not limited to, belts, Injectors, fluids, fillers and parts due to be replaced at regular service Intervals as outlined in the DEUTZ operator manual. • 7. FAILURE ANALYSIS Approval of warranty benefits under the SOMAS Program shall be contingent upon analysis by DC of the failed engine or parts. Upon confirmation by DC of defect or deficiency, Purchaser shall be entitled to reimbursement for the Covered Part as well as parts damaged or required to be replaced due to the defect or . deficiency of the Covered Part. The BOMAG Program shall not apply to any Covered Part recommended for replacement due to failure of any Excluded Part. • sroMEg, 2N77/445 IA Please select the en •ine and covera•e b markin ( the a..ro•riate box in the foliowin. chart of •ro•rams: 1 3 s z q :,61 g8 s " p �� • x a i e 9 P g to a ww., i -si.a J # i� =. • .�u . W . 2Fia Engine Model Engine Model Engine Model Programs* t'r ' In 9 TCD 2013 L06 TCD 2015 V06 U.al TCD 2015 V08 I t SD 1R li lD 2V / 4V 17"i' 111111111111111 4 00 tra ° ° rr,tirs { { # ■_ , 9iO9 --4Q$1 'Subject to sections 4, 5, 6 and 7. „Tally /ee Tv A,vzi l AA /A Port .8 y PowwR Et, 4 trle4/TCa Premium Computation: Basic premium as indicated from chart above results in a total amount due of 3 Lill... r'� t -rY D7 f= A L Cam L / rVO Fi 1 L I f4k X6611 ,# L/ " I 7 4 2 Purchaser (Owner) Si .ft nafureand Title Date Distributor hereby acknowledges receipt of the total charges suecified above. tAS POWER. Eczu;p cowt,PA lt.", fte44,401„,4trp r ,9f,tr < I2. DEUTZ STEWA&T Q STE)tER1S Distributor Signature and Title Date • DEUTZ Corporation Representative Authorizing Extension Date • DISTRIBUTOR DEBIT AUTHORIZATION Distributor hereby authorizes DEUTZ Corporation to debit Distributor's open account in the amount of USD: Distributor Signature and Title Date Deutz Corp. Use Only Debit number to Germany Pricing Effective August 15, 2009 Cu 717 E BOMAG LANDFILL MACHINE BUMPER -TO- BUMPER WARRANTY Warranty Includes: • All power train components except engine (Engine warranty must be purchased and supported through local engine distributor). Includes Planetary Gear Assemblies, Drive Motors, Travel Pumps, and Gear Box. • Steering, blade, and drive system hydraulics. • Electrical equipment. • Frame, frame components, articulation joint. • Cab, controls, and related parts, including heater & a/c. • Centralized lubrication system. Warranty includes parts and labor to repair or replace parts found to be defective in material or workmanship. Standard factory warranty period is 12 months or 2000 hours, whichever comes first while the Extended Warranty coverage will run consecutivelcontinuous with the original new machine factory warranty, effective with original date of delivery. Extended warranty covers cost of parts and labor also a $0 deductible applies. Travel and mileage will be covered to a maximum of $500.00 per incident/claim. Each claim is limited to a maximum of 20% stop/loss per occurrence/incident. Total maximum payout for contract duration is limited to 50% stop/loss. All submitted claims must be of a value exceeding $250.00. No claim will be processed for less then this amount. Only 1 failure per claim will be allowed. Warranty is limited to the first purchaser only and is not transferable. Exclusions. The bumper -to- bumper warranty does not include the following: • 1. Defects or Loss found to be caused by vandalism, neglect, mis -use, accidents, hick of maintenance, lightening, fire, theft, windstorm, hail, water, freezing, other acts of God, or use of machine for other than its intended purpose. 2. Physical damage to the machine caused by normal day -to-day operation in a landfill environment. Undercarriage component failure due to normal wear. 3. Defects caused by use of non - BOMAG parts, wrong lubricants, fuel, and filters. 4. Performance complaints (including but not limited to low power, poor fuel economy, excess oil consumption) unless caused by a failed or failing BOMAG component. 5. Fuel system adjustments. 6. Defects caused by cantaminanis entering the systems or components. 7. Wheel wear to .include caps, cleaner bars, blade edges, cable cuuers. These are considered wear parts. • 8. All other wear items such as; but not limited to, brakes, belts, filters, lubricants, coolants, fuel, batteries, mufflers, & clutches. 9. - External hoses and lines including o -rings for oil, grease, water, fuel, and air (except high pressure hydrostatic lines -hoses between the drive pump and motor)_ 10. Damage caused by or contributed to operating equipment that does not have proper level's of lubricants. • CL. , s - r 2 . t17 / 4/S - . . . r.0 • 0 oi o. o a) 6 5 0'2 (.0 2 . -3 E . . . la _ E o a) 6 0 *-• Tv= "8 o w = Ca •Ii3 0_0 a • - 5 V' -; F 2 0 (4 IL g .c 0 0 < 8 . o E m t = .0 . 0 M ti 0- •-•• 05 o a) ....=-.... 0 0 al = .... .:, 2 .„s (.1 :-3 3 0 Xi '•-. 0 a) all2 .0 yr 2 8 NI as -a ... 04 5 c En 2 of 0 15 -g 0 L... 2 a co 5,,, 1 2 in 1 -o E 0 _•-• a- ... a o us.= ry o c 03 '4.1 8e m C/3 ID .,0 r.) 'CI fa 5 m uo a il Lsg. '75 to c m -F, co -to yi g V 2 gs _ - › . :2 c 215 0, g as 157 6 • Vr Ldu.d.t a. 'E- -. 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Z cl t - 0 ..=.- ,9 g .gt 2 75 c -5 a.> -...c. --c-c 6 of c 1.-.‹ ›... D 4 111 m 1.- 3R 4 58 "cE8 B° ..2 0 0 ° 0 c - E ,--. n < z 03 0 co Ui < 1 p 0 E 5 . ... 0 o m " z ' - E 0 a) l' 5 2 u) ( - ) 2 rE a. , ti 4, 2 .-SE --.:-. , n .= ci 0 01 ,-,.'"M ii.)" AI o 0 ... E 2 ., aj ' c k - 8 8 -ai a .?_. ;,,„ .. t ,- ir, ci. .cc g g 2 ., s, „--. c rl 2 E r P c ,, . a) (9 13 "I 2 .0 9 c JR g )4 .- < 5 5* 'a " Z • >, c Z.5 F-- Lu iii E'- - 2 - m 8 - g--8.Eg=• z .cc , _ 0 0 J o c 0 -c • s 3°6 Ef 1 4.- - 130'5 1 . 3 0 mi a e a 1-- 0 • ..c 'a --- cc ui Z D z 1- 0 co g 8 a m 0 o crt '5 c (5 13 0 (.1 -EL .a, o 0 al tu I 0 _1 im . 2 ma -1-1 _C •-• C 0 401 0 0 co E-„ tt - o ,_ .0) - o) c - n- a. < Lr < (7) • • • _ ... ... . _ •. .._ _ . _ .. _ .. - . _ _ - Exclusions (cont): 11. Cab glass, door, door latches, handles or hinges, grab rails, seat assembly, seat belts, mirror, mirror bracket, wiper blades, bulbs, Lights, fuses, weather stripping, insulation, horn, backup alarm. 12. Freight charges on service parts. 13. Non - BOMAG items that are supplied by other manufactures and supported by their own individual warranties, such as, but not limited to, fire suppression systems, radio, Caron wheel and blade. 14. Storage, miscellaneous shop supply items /charges, environmental charges, and taxes. 15. Improper or contaminated fuel and/or lubricants. 16. Any damage to components that results from continued operation after a defect has been recognized or pointed out 17. Warranty shall be void if hour meter has been stopped, altered, or misrepresents the machines actual usage. 1S. Mechanical failure does not include the gradual reduction in operating performance of a component due to normal usage and wear where a breakdown has not occurred. 19. Labor to clean machine in order to perform any maintenance or service repairs. 20. Minor adjustments 21. Damage to a covered component that is caused by the failure of a non - covered component. 22. If needed, overhead cranes and other devices that may be required to assist in any repair. 23. Rental of other equipment when machine is down for repairs unless part of original bid and contract at time of purchase. 24. Normal maintenance as outlined in the Operating and Maintenance Instruction Manual. The following general conditions apply: 1. All maintenance shall be performed according to the machines Operating and Maintenance Instruction Manual. Records shall be kept of all maintenance and service repairs and be made available for inspection by a BOMAG Americas ( BOMAG) representative when requested. 2. All warranty repairs shall be performed by an authorized BOMAG Distributor using genuine BOMAG parts. 3. Normal BOMAG Distributor hourly labor rate per BOMAG Warranty Policy shall apply. No overtime or overtime rates shall be paid. 4. No additional options or alterations to a machine are allowed without prior written approval from l3OMAG. 5. Standard BOMAG Service and Warranty Policy shall apply in all cases not mentioned above. Cery oP Mo &oR Q ca iC { (nf Il 7 _ _ Page 2 of 2 cc's oniVt StaNA wite OA - re 6106 EXHIBIT B /INSERT CERTIFICATE OF INSURANCE] I I 9