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Home My WebLink About2015-363 Contract - Clyde West Contract for a Volvo Model PF-4410 Asphalt Paver CITY OF CONTRACTOR: Clyde West, Inc. -A5 H LAND CONTACT: Marty Krueger 20 East Main Street Ashland, Oregon 97520 ADDRESS: 13805 NE Sandy Blvd, Portland, Oregon 97294 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-804-2750 FAX: 503-252-1769 DATE AGREEMENT PREPARED: October 27, 2015 EMAIL: mkrueger@clydewest.com BEGINNING DATE: October 30, 2015 COMPLETION DATE: April 29, 2016 COMPENSATION: $336,452.00 per contract pricing worksheet attached as Exhibit H. GOODS AND SERVICES TO BE PROVIDED: New Volvo Model PF-4410 Asphalt Paver per specifications attached as Exhibit G. Quantity: 1 Each @ $331.052.00 Hands on training at the City of Ashland for operators and maintenance crews $2,000.00 Freight and PDI $3,400.00 Contract-specific Special Procurement approved by the City Council - August 18, 2015 ADDITIONAL TERMS: Exhibit D - Certificate of Compliance Exhibit E - General Conditions for Purchase of Equipment Exhibit F - Special Provisions for Purchase of Equipment Exhibit G - Volvo Specifications Model PF-4410 Paver/Finisher Exhibit H - HGAC Buy Contract Pricing Worksheet Contract No. SM10-14 Exhibit I - HGAC Contract between HGAC and Volvo Construction Equipment North America In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said prima City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a Contract for an Asphalt Paver, Page 1 of 11 living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions- i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. Contract for an Asphalt Paver, Page 2 of 11 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors, or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one, $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for an Asphalt Paver, Page 3 of 11 Contractor: City of-Ashland By By Signature Dep ment Head ~L~T~2.c:~U V l Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. s IPP VED AS TO FORM and As it. City Attorney Da t b 27 Contract for an Asphalt Paver, Page 4 of 11 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. L c ~~~.~'T t o Contractor (Date) Contract for an Asphalt Paver, Page 5 of 11 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2015 (Increases annually every June 30 by the ~r Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. r If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period, For more -For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the y In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for an Asphalt Paver, Page 6 of 11 EXHIBIT D CERTIFICATE OF COMPLIANCE Compliance with Oregon Tax Laws: In compliance with OAR 137-047-0255(2)(c)(C)(e), I hereby attest or affirm under penalty of perjury: That I am authorized to act on behalf of the contractor in this matter, that I have authority and knowledge regarding the payment of taxes, and that contractor is, to the best of my knowledge, not in violation of any Oregon Tax Laws, as defined in ORS 305.380. Compliance with Nondiscrimination Laws: In compliance with ORS 279A.110(4) and OAR 137-047-0255(2)(a)(F), I hereby attest or affirm under penalty of perjury that I am authorized to act on behalf of contractor in this matter, and to the best of my knowledge the contractor has not discriminated against minority, women or emerging small business enterprises or against a business enterprise that is owned or controlled by or that employs a disabled veteran in obtaining any required subcontracts, and that the Bidder is not in violation of any Discrimination Laws. Corporate Officer: B Signature r 1, Print Name TitIee~2 s ~ - Date: 1 1 o-of' 1- Contract for an Asphalt Paver, Page 7 of 11 EXHIBIT E GENERAL CONDITIONS FOR PURCHASE OF EQUIPMENT GC1. Contract Documents: The contract documents are integrated. A requirement in one of the contract documents is as binding as though occurring in all. In the event of any inconsistency in the terms of the contract documents the following order of precedence shall govern unless otherwise stated: 1. City Standard Contract for a Volvo Model PF-4410 Asphalt Paver 2. These general conditions and special provisions for purchase of equipment 3. HGAC Contract No. SM10-14 4. Volvo Specifications Model PF-4410 5. HGAC Buy Contract Pricing Worksheet provided by Clyde West 6. HGAC - Contract between HGAC and Volvo Construction Equipment North America The apparent silence of the contract documents as to any detail shall be regarded as meaning that only the best practice is to prevail and that only equipment of first quality are to be provided by bidder. GC2. New Equipment: All equipment shall be new unless otherwise specified in the special provisions or specifications. GC3. Payment: Payment shall be made by City warrant within thirty days after City has inspected the equipment or has had a reasonable opportunity to do so. City may reserve payment until all equipment is received. GC4. Risk of Loss: Bidder shall have the risk of loss until the equipment has been delivered to City's facility and is approved after inspection by City. GCS. Inspection: Equipment furnished under this contract shall be subject to inspection and testing by City at times and places determined by City. If City determines that the equipment is not in compliance with the specifications, City may reject the equipment and require Bidder to either cure defects or make an equitable price reduction. If Bidder refuses to cure defects within a time deemed reasonable by City, City may cancel the contract or enforce City's remedies for default. Nothing in this provision shall impair City's rights to enforce warranties, revoke acceptance of the equipment or enforce any other remedies under ORS Chapter 72. GC6. Safety and Health Requirements: Equipment shall comply with all federal Occupational Health and Safety (OSHA) requirements and with all Oregon safety and health statutes and administrative rules including, but not limited to, those of the Workers' Compensation Department. All "Material Safety Data Sheets" for hazardous chemicals that are subject to ORS 654.750 and OAR Chapter 435, Division 155 shall be submitted to City before the chemicals are delivered. GC7. Taxes: City generally is not subject to taxation. Bidder shall be responsible for paying all taxes on the sale of the equipment, except fuel taxes included in the bid price. GCB. Compliance with Law: This agreement will be governed by and construed in accordance with laws of the State of Oregon. Each party agrees that it will perform its obligations hereunder in accordance with all applicable state, federal and local laws, rules and regulations now, or hereafter in effect. Bidder shall comply with applicable provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. Bidder is a "subject employer" as defined in ORS 656.005. Bidder shall comply with all applicable workers' compensation laws including, but not limited to, ORS 656.017. GC9. Patented Equipment: Bidder shall defend, indemnify and hold City harmless from any claims for infringement of patent arising out of City's use of the equipment. GC10. Severability: If any provision of the contract documents shall be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision of the contract Contract for an Asphalt Paver, Page 8 of 11 documents. The contract documents shall be construed as if such invalid or unenforceable provision had never been included. GC11. No Waiver: No provision of the contract documents shall be deemed waived unless such waiver is in writing and signed by the party claimed to have waived its rights. Any waiver of a breach by any party, whether expressed or implied, shall not constitute waiver of any other different or subsequent breach. GC12. Successors: The successors, assigns and legal representatives of Bidder and City shall be subject to all provisions of the contact documents. Bidder shall not assign Bidder's rights or obligations under this agreement without prior written consent of City. GC13. Indemnification: Bidder shall defend, indemnify and save City, its agents, and employees harmless from any and all losses, claims, actions, costs, or other damages resulting from injury to any person or damage to property, of whatsoever nature arising out of or incident to the performance of this agreement by Bidder or defects in the equipment. Bidder shall not be held responsible for any losses, claims, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. GC14. Notices: Any notice required to be given under this contract, or any notice required to be given by law, shall be in writing and shall be given by personal delivery or by registered or certified mail, to Bidder at the address stated on page 1 of the contract or to City at the address stated on page 1 of the contract. GC15. Entire Agreement: The contract documents are the entire, final and complete agreement of the parties and supersede all prior and existing written or oral understandings except as otherwise continued in effect by the terms of the contract documents. No modification of the contract documents shall be valid unless in writing and signed by the parties. Contract for an Asphalt Paver, Page 9 of 11 EXHIBIT F SPECIAL PROVISIONS FOR PURCHASE OF EQUIPMENT These special provisions are part of the contract documents for the purchase of a Volvo Model PF4410 Asphalt Paver. The following special provisions modify and supplement the City's general conditions for this purchase. These special provisions supersede contrary general conditions. 1. Definitions: The following definitions supplement and take precedence over definitions in the general conditions: 1.1. "Contract Documents" shall mean the written agreement signed by City and Bidder, including the exhibits. 1.2. "Goods" and "Equipment" are synonymous and shall mean the equipment specified in Bidder's bid, including all parts, components and accessories necessary for complete operating units as stated in the specifications. 2. Use of Equipment: The equipment will be used by the City as an asphalt paver. 3. Delivery: The equipment shall be delivered to the City of Ashland Service Center, 90 N. Mountain Ave., Ashland, OR 97520, no later than 180 days. The bid price will be F.O.B. delivered. Shipment with any reservation is prohibited. Any risk of loss prior to delivery and acceptance of the equipment by the City shall be borne by Bidder. 3.1. The delivered equipment will be examined for conformance to specifications before acceptance can be made. The successful bidder will assume all responsibility for the equipment prior to acceptance by the City. 4. Liquidated Damages for Late Delivery: 4.1. Any delay in delivery of the equipment beyond the date specified in section 3 will cause inconvenience and material expense to City. It is essential that the equipment be delivered to City on or before the date specified. It is and will be impractical and difficult to ascertain the actual damage City sustains by reason of delay. Bidder will pay to City, not as a penalty, but as liquidated damages, for each calendar day of delay beyond the delivery date, the sum of 100.00. City may deduct liquidated damages from the contract price. 4.2. City, at City's sole discretion, may grant Bidder an extension of time for delivery of the equipment if the delay is caused by occurrences beyond Bidder's control. An extension will not be granted for shortage or inadequacy of labor, equipment or materials; negligence or fault of Bidder, Bidder's suppliers or subcontractors; or other deficiencies within the province of Bidder's control or responsibility. 5. Contract Price: The contract price shall be the "lump sum" purchase price payable to Bidder for the equipment, as stated in the bid. The contract price shall cover all costs incurred by Bidder in providing the equipment including, but not limited to, the cost all components and accessories, shipping, and insurance. 6. Payment: Payment of the contract price, less any liquidated damages, shall be made by City within thirty days after the equipment is delivered and accepted. 7. City Representative: All correspondence pertaining to the specifications shall be directed to the City of Ashland, Fleet Supervisor, or designee, and, after the written agreement is signed, the Fleet Supervisor, or designee, shall administer the contract for City. 8. Warranties: Contract for an Asphalt Paver, Page 10 of 11 8.1. Bidder warrants that equipment when delivered will be in good working order and will perform in accordance with the manufacturer's published specifications and City's specifications. In the event of any discrepancy between City's specifications and the manufacturer's specifications, City's specifications shall take precedence. 8.2. The equipment also shall be subject to the warranties provided by ORS 72.3120, 72.3130, 72.3140 and 72.3150, and any waiver of such warranties in the manufacturer's written warranty shall be void. 8.3. If the equipment continually fails to operate as warranted, City may require Bidder to provide substitute equipment or pursue other remedies that are available. 9. Deliver : The equipment shall be delivered to the City no later than 180 days unless the City agrees to a later date. 10. Manuals: For all equipment purchased for the City, the Bidder shall provide the City with two copies of all manuals, electrical and mechanical schematics and part lists that are necessary for effective operation and maintenance of the equipment. These shall include, but are not limited to: lubrication charts, wiring diagrams, and manuals for parts, service and operation. Parts manuals must list original part manufacturer's numbers. If parts have been re-numbered by the equipment manufacturer, a cross- index to the original part manufacturer's numbers must be furnished. Manuals available on CD or DVD are preferred; however, book style will be acceptable for those that are not available on CD or DVD. Contract for an Asphalt Paver, Page 11 of 11 SPECIFICATIONS MODEL PF-4410 Y,T`,. PAVE R/FINISHER DATE: September 2012 SALES CODE PAGE: 1 *Hands on training class to be provided for City of Ashland operators maintenance crews* PF4410 PF-4410: A track mounted, mid-sized paver/finisher capable of placing bitumi- nous base, binder and surface course mixes, cement or lime stabilized sub-base and graded aggregate materials. Standard Paving Width Range (with cut-off plates) 8' (2.44 m) Basic Screed ............................................................6'- 8' (1.83-2.44 m) Maximum Paving Width ........................................................................25' (7.62 m) Paving Depth Range ...............................................1/a" - 8" (6-203 mm) *...All items so indicated are included in the basic unit. FUEL SYSTEM: 38 gal. (144 L) fiael tank with replaceable filter provides an onboard diesel fuel supply for engine; screed heaters and pressurized washdown system. ELECTRICAL SYSTEM: 12 volt, negative ground with 150-amp alternator. Wiring is color coded, and number impregnated for easy servicing. All circuits tie to circuit boards located in the operator's swing control console, and are equipped with automatic reset circuit breakers. HYDRAULIC SYSTEM: 53 gal (201 L) reservoir capacity. Primary filtration is accomplished with 10 micron variable depth synthetic media filters on the inlet side of each traction drive charge pump. Secondary filtration is accomplished with 141 micron strainers on the suction side of the general purpose and feeder drive pump circuits. All hydraulic circuits are routed through a central, easy access valve block equipped with interchangeable solenoid cartridge valves for maximum reliability and easy servicing. TRACTION DRIVE: Independent, hydrostatic direct drive for each track with electric/hydraulic controlled single speed planetaries and 2-speed motors. Speed selection is infinitely variable in each of two speed ranges: Low Range 0-242 m 3.8 fp (7 m/min) High Range 0-8.5 mph (13.7 km/hr) Reverse Full reverse in any of the two speed ranges. Both planetary drive units are equipped with an internal, switch activated parking brake. * TRACK: Continuous, Flexible, Hi-Speed, EZRider® Rubber Track ...the traction & flotation of a track machine with the mobility & rideability of a wheel machine. SPECIFICATIONS MODEL PF-4410 7,-`77 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 2 Positive non-slip Cog/Socket Track Drive ...Eliminates the potential power oss associated with friction drive slippage. X SUSPENSION: Unitized, bolt-on track frames, each equipped with three sets.of oscillating, rubber tired bogie wheels, replaceable drive hub and automatic/ hydraulic track tensioning system. Track Width .........................................................................................14" (3 5 6mm) Tensile Strength ....................................................................254,0009 (115.214 kg) Ground Pressure (Flotation): with 8' (2.44 m) Wedge-Lock° Screed 13.70 lbs./in.2 ( .96 kg/cm2) with 8' (2.44 m) OmniScreedOIA 14.29 lbs./in.2 (1.00kg/cm2) with 8' (2.44 m) U1tiMat® 16 Screed ......................15.64 lbs./in.2 (1.10kg/cm2) * CONTROLS: Dual control stations (right and left side) each equipped with. an operator's seat, steering and direction/speed control pedestal. A common, center mounted, swing console with position lock, provides both control stations with electrical switch control of main power, starter, throttle, horn, shifting of traction drive motors, right and left side feed system function, screed lift, auger lift, folding hopper, flow gates, screed vibrator function, parking brake and optional truck hitch. Screed vibrator frequency/amplitude, feed system speed, flow gate override, powered screed functions and mat depth are all controlled from the screed. The swing console also contains the tachometer/hour meter and four analog gauges for hydraulic oil temperature, engine oil pressure, engine coolant temperature and voltmeter. Warning lights are also included for "Brake On", "Change Hydraulic Filter", and "Low Material" for units equipped with the optional material indicator kit. BRAKES: Primary braking is accomplished through the dynamics of the hydrostatic traction drive system. Hydraulic secondary parking brakes, an internal element of the planetary drive units, can be switch actuated from the operator's swing console. These spring-applied secondary parking brakes are automatically actuated when the main power switch is in the "off' position, electric power is otherwise interrupted or there is a pressure drop in the general-purpose hydraulic system. OPERATOR'S UMBRELLA: 54" (1372 mm) square umbrella with mounting hardware. HOPPER: 8.5 ton (73T) [155 ft.3 (4.4 m3) struck] capacity; hydraulically folding sides with Tivar© Polymer retaining lip. Truck Entry Width ..........................................................................120" (3048 mm) SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 3 Truck Dump Clearance (minimum) mm POWER FLOW GATES: Two separately operated, electric/hydraulic con- trolled, adjustable flow gates, located in the conveyor tunnel entry at the rear of the hopper; meter material delivery to the augers. DUAL FEED SYSTEMS: Separate, infinitely variable speed, hydrostatic planetary drive for right and left side feed systems provide optimum auger/convey operation throughout the machine's entire capability range. Right and left side systems function independently and operation is controlled either manually with electrical switches (from either the tractor operator's swing or the screed control consoles) or automatically by sensing elements positioned at the outer end of each auger. Maintenance free auger/conveyor bearings combine to eliminate the daily greasing requirement. Unitized construction of the rear feed section (center chain case, right and left side planetary drives, rear conveyor shafts and auger assemblies) permits removal of these major components as a single unit, providing service access in less than half the time required on competitive machines. CONVEYORS: Drag assemblies consist of solid bars riveted to special, heat treated steel offset link R2 (rapid repair) heavy bushed roller chain riding on forged steel sprockets. Conveyer floor plates and rear wrap plates are constructed of Hardox-400 Brinell hardness 370-430. Conveyor Tunnel Opening .........................................53.625" (1362 mm) Conveyor Floor Plate Thickness .375" (10 mm) AUGERS: Bolt-on replaceable, high alloy, cast steel hemi-screw sections. Augers are adjustable in height hydraulically by simply actuating an electrical switch. Auger Diameter 16" (406 mm) Auger Flight Thickness ........................................................................3/4" (19 mm) Auger Height Adjustment (above grade) ......................4 V2"-10 1/2" (114-267 mm) Auger Speed Max. @ 2100 Engine RPM 143 RPM POWERFLIGHT® TUNNELS and MATERIAL CONTAINMENT BAFFLES: Easy slide auger tunnels are built-in and can be extended hydraulically to accommodate extended paving widths up to 17' (5.185 m). Optional bolt-on extensions are available for paving widths beyond 17' (5.185m). Material containment baffles (chain curtains) are included as standard. SMOKEATERO VENTILATION CONTROL SYSTEM: A machine mounted heat and fume extraction system that provides a cleaner, cooler, more environmentally friendly work area for both the tractor operator and screed operator without restricting auger view. Consisting of a single hydraulically driven, high volume fan and two laterally mounted, low profile, nonrestrictive auger view collector intakes; the system gathers heat and fumes from the SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 4 paver's auger and screed area and disperses them into the atmosphere away from the operators via a, single, deck mounted exhaust stack. The exhaust stack folds down to minimize transport height. The Volvo SmokEater® meets and/or exceeds all current NIOSH (National Institute for Occupational Safety and Health) standards for capture efficiency. HYDRAULIC CONDUIT for AUTOMATIC SCREED CONTROLS: Consists of all tractor mounted hydraulic plumbing componentry required to accommodate the installation of an Automatic Level Control (joint matcher) or Blaw-Kontrol® II (grade and slope electronics). WASHDOWN SYSTEM: A pressurized, diesel fuel washdown system with 35' (10.7 m) hose and spray valve/nozzle, mounted on a self-storing, spring retracting hose reel. EXPORT TRANSPORT COATING: Factory applied rust inhibitor applied to all machines. Displaces moisture, stops corrosion and provides long lasting protection. BASIC PUMP BOX SELECTION PF11001 STANDARD PUMP BOX: Pump box arrangement to be used with diesel heated screeds and for paver configurations not including an optional generator set. PF11002 PUMP BOX ELECTRIC SCREED: Pump box arrangement to be used with electrically heated screeds (Blaw-Knox or otherwise). Provides additional pod to install pump to; this is required to operate screed generators on the Llltirnat 8/16. PF11003 TRACTOR GENSET INLUDING PUMP BOX: Pump box arrangement including a generator set and power kit: (Not available with UltiMat®16 screed) A hydraulically powered generator mounted under the operator's platform with remote, on-deck control panel, provides 6kW (5.5kW continuous) of A.C. electrical power for auxiliary lighting and portable power tools. The generator is protected with manual circuit breakers on the remote control panel and is virtually maintenance free with no slip rings, brushes, or commutators to repair or replace. Voltage output is maintained within 3% from no load to full load without external voltage regulator. A "power assist" feature in the hydraulic drive system will not allow voltage to drop when severe loads are applied. Voltage output is automatically interrupted if the paver's engine idle speed drops below 1100 rpm. The generator is all copper wound with a Class H, 392°F (200° C) insulation package, making it virtually impossible to burn out. The lockable control panel is equipped with four 10 amp, 120 volt standard receptacles; one 30 amp, 120 volt twist-lock receptacle; one 20 amp, 240 volt twist-lock receptacle; a 120/240 volt SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 5 mode switch and an analog voltmeter. A power it, which includes the y rau is drive pump with all hoses and connectors, completes the package. AUGER BOX MANDATORY PF13001 POWER TUNNEL WITH SCREED: Power tunnel arrangement to be used when ordering a paver with a factory installed screed. Provides proper installation instructions to manufacturing. PF13002 POWER TUNNEL WITHOUT SCREED: Power tunnel arrangement to be used when ordering a paver without a factory installed screed. Provides proper installation instructions to manufacturing. FEED SYSTEM CONTROL PF14002 MAT KONTROL@ II with ULTRA 3s© SENSORS: An electric/hydraulic con- trol arrangement that automatically controls both the "on-off' action and infinitely variable operating speed of the dual feed systems. Ultra 3S® (Ultrasonic Sensing System) sensors, positioned at the outer end of each auger, monitor the volume of material in front of the screed and actuate the feeder drives as necessary to maintain a consistent flow of material to the screed. Func- tioning similar to a sonar depth sounding system, the "no contact" Ultra 3S® sensors are more accurate than paddle sensors and are less susceptible to damage from heat and abrasion. FRONT END PF15001 OSCILLATING PUSH ROLLERS: Two bearing equipped push rollers mounted on a 98" (2.5m) wide, oscillating frame; compensates for minor directional misalignment of truck with paver/finisher. PF15002 TRUCK HITCH: Two bearing equipped push rollers mounted on an oscillating frame with electric/hydraulic actuated, roller equipped clamp arms; quickly grips and secures a truck in proper attitude for unloading material into the machine's hopper. Compensates for both minor lateral and directional misalignment of truck with paver/finisher, with no exposed secondary slide mechanisms. Maximum Arm Opening .................................................................130" (3302 mm) Minimum Arm Opening 72" (1829 mm) Degree of Swivel ..................................................................................................±8 ° Drift from Center (right to left) ...........................................................12" (305 mm) Automatically Self-centering ENGINES SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 6 PF41001 US ENGINE: Deutz, EPA Tier 3 certified, electronically controlled, 4 cylinder, water cooled, turbocharged, charge air cooled diesel model TSD 2013 L04 2V (TCD2013L042V), 290.4 cubic inch (4.76 L) displacement, 158 hp (118 kW) at 2100 rpm. Cooling system capacity is 22 qts. (20.8 L). Engine has three (3) operating speeds: Low .....................................................................................1200 rpm High 2100 rpm PF41002 GLOBAL ENGINE: This option used for any machine shipped outside the US or Canada. ELECTRIC SCREED CONTROL - BASIC JOINT MATCH PF51001 ELECTRONIC GRADE & SLOPE SYSTEM LESS CONTROL & SENSOR MODULES PF51002 AUTOMATIC LEVEL CONTROL - DUAL (Joint Matcher): PF51003 AUTOMATIC LEVEL CONTROL - SINGLE (Joint Matcher): SCREED. CONTROLS - MECHANICAL PF52001 BLAW-KONTROL® II- GRADE &SLOPE (Mechanical): PF52002 BLAW-KONTROL® II- SINGLE GRADE without Slope (Mechanical) PF52003 BLAW-KONTROL® II - DUAL GRADE without Slope (Mechanical) PF52004 DUAL GRADE SENSOR KIT (Mechanical): Requires PF52001 SCREED CONTROLS - SONIC V PF53001 BLAW-KONTROL® II- GRADE & SLOPE ELECTRONICS (Sonic- UltraEye V) PF53002 BLAW-KONTROL® II - SINGLE GRADE without Slope (Sonic-U1traEye V) PF53003 BLAW-KONTROL® II - DUAL GRADE without Slope (Sonic-U1traEye V) PF53004 DUAL GRADE SENSOR KIT (Sonic-UltraEye V) Requires PF53001 SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 7 GRADE REFERENCE SYSTEMS PF55001 30'(9.14 m) FLOATING BEAM ASSEMBLY: PF55003 SINGLE 20'(6.10 m) MAT REFERENCE: PF55004 DUAL 20'(6.10 m) MAT REFERENCE: PF55005 SINGLE 55'(16.77 m) MOBILE REFERENCE SYSTEM: PF55006 DUAL 55'(16.77 m) MOBILE REFERENCE SYSTEM: LIGHTING PF56001 WORK LIGHT PACKAGE: Two front-mounted and four rear-mounted halogen lights provide supplemental work area illumination. PF57001 WORK LIGHT PACKAGE with LIGHT BEACON: A light package that combines Article Number PF56001 and Article Number PF59001. PF59001 LIGHT BEACON: Mast. mounted strobe warning light with double flash provides SMV (Slow Moving Vehicle) awareness without impairing operator's vision. GAUGE PF59201 ELECTRIC FUEL GAUGE: Kit includes display gauge, fuel sender and required wiring harnesses and hardware to install gauge in the engine panel. OTHER AUGER & AUGER GUARD KITS PF81001 10' (3.00 m) PAVING - AUGER & GUARD KIT: Three each left-hand and right-hand cast auger sections, two auger guards, two outer shaft tubes, four cast shaft covers, two 10" (305mm) tunnel shields and mounting hardware. Approximately 18' 9" (3.28 m) of actual auger. PF81002 12' (3.66 m) PAVING - AUGER & GUARD KIT: Three each left-hand and right-hand cast auger sections, two auger guards, two outer shaft tubes, four cast shaft covers, two 12" (305mm) tunnel shields and mounting hardware. Approximately 10' 9" (3.28 m) of actual auger. PF81003 14' (4.27 m) PAVING - AUGER & GUARD KIT: Consists of a 12' (3.66 m) kit plus two inner shaft tubes, two intermediate shafts, two 12" (305 mm) tunnel shields, two bracket weldments, one each left and right hand outer support r" SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 8 bearings, two dirt shields and mounting hardware. Approximately 13' 3" (4.04 m) of actual auger. PF81004 16' (4.88 m) PAVING - AUGER & GUARD KIT: Five each left-hand and right-hand cast auger sections, four auger guards, four outer shaft tubes, eight cast shaft covers, one each left and right outer support bearings, two inner shaft tubes, two intermediate shafts, six 12" (305 mm) tunnel shields, two bracket weldments, two dirt shields and mounting hardware. Approximately 14' 6" (4.42 m) of actual auger. PF81005 18' (5.49 m) PAVING -AUGER & GUARD KIT: Consists of a 16' (4.88 m) kit plus one each left-hand and right hand cast auger sections, two 12" (305mm) tunnel shields and mounting hardware. Approximately 16' 0" (4.88m) of actual auger. PF81006 20' (6.10 m) PAVING - AUGER & GUARD KIT: Consists of a 16' (4.88 m) kit plus two each left-hand and right hand cast auger sections, two 12" (305 mm) tunnel shields, two intermediate shaft tubes, two support weldments, one each left and right tunnel extension slide and mounting hardware. Approximately 17' 10" (5.43 m) of actual auger. MATERIAL HANLING FEEDER SYSTEMS PF83002 MATERIAL INDICATOR KIT: Electrical sensors, mounted on the lower portion of the flow gates, audibly warn the machine operation when the material level drops below a preset level at the conveyor tunnel entry. PF83005 MATERIAL MANAGEMENT KIT WITHOUT CHAIN KIT: A system of deflectors, guards, extended floor plates, and a modified auger arrangement that directs material through the conveyor tunnel area to the front of the screed. The system assists in providing a more consistent, homogeneous, mix of material to the screed and in maintaining an even "head" of material. ADDITIONAL EQUIPMENT OPTIONS PF84015 SPECIAL COLOR PAINT: (1) Coat - (1) Color only. Specify paint spec. number, paint chip (required), manufacturer's name if available, and consult factory. SCREEDS SCREED PF91002 8' (2.44 m) WEDGE-LOCKO SCREED and DIESEL ONLY HEAT SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER qeill DATE: September 2012 SALES CODE PAGE: 9 PF91004 8' (2.44 m) WEDGE-LOCK® SCREED with 2.5/5B HYDRAULIC EXTEN- SIONS and DIESEL ONLY HEAT: PF91006 8' (2.44 m) OMNISCREEDO IA and DIESEL ONLY HEAT with Remote Control Stations: PF91007 ULTIMAT® 16 w/POWER CROWN & POWER SLOPE KIT and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91008 ULTIMAT© 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 12" (305mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91009 ULTIMATO 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 18" (458mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: PF91010 ULTIMAT° 16 w/POWER CROWN & POWER SLOPE KIT plus LH & RH BERM for 24" (610mm) and ELECTRIC HEAT with ATIC and Remote Control Stations: CROWN KIT - OMNI lA PF91101 DUAL CROWN KIT for OMNISCREED® IA: PF91102 POWER CROWN KIT for OMNISCREED® IA: CROWN KIT - WEDGE-LOCK@ PF91301 DUAL CROWN KIT for WEDGE-LOCK° SCREED: SCREED KIT PF91401 10'(3.05 m) Vibratory WEDGE-LOCK® SCREED KIT PF91402 I V (3.35 m) Vibratory WEDGE-LOCKO SCREED KIT PF91403 12' (3.66 m) Vibratory WEDGE-LOCK0 SCREED KIT PF91405 13'(3.96 m) Vibratory WEDGE-LOCK® SCREED KIT PF91406 14'(4.27 m) Vibratory WEDGE-LOCK® SCREED KIT PF91408 15'(4.57 m) Vibratory WEDGE-LOCK® SCREED KIT PF91410 17' (5.18 m) Vibratory WEDGE-LOCK° SCREED KIT =SPECIFICATIONS MODEL PF-4410 71 1~ \ ~r PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 10 PF91412 19' (5.79 m) Vibratory WEDGE-LOCK© SCREED KIT PF91414 21'(6.40 m) Vibratory WEDGE-LOCK® SCREED KIT PF91415 23' (7.01 m) Vibratory WEDGE-LOCK® SCREED KIT PF91416 25' (7.62 m) Vibratory WEDGE-LOCK® SCREED KIT SCREEED EXTENSION - WEDGE-LOCK@ PF91602 12" (305 mm) SCREED EXTENSION: PF91605 12" (305 mm) SCREED EXTENSION: PF91609 24" (610 mm) CROWNABLE SCREED EXTENSION: PF91611 36" (914 mm) SCREED EXTENSION: PF91614 36" (914 mm) SCREED EXTENSION with VIBRATION and HEAT: PF91616 36" (914 mm) SCREED EXTENSION with VIBRATION: PF91619 6" (152 mm) SCREED EXTENSION: WEDGE-LOCK`t OPTIONS PF91701 WEDGE-LOCK@ PROPANE KIT: Unitized, propane fueled, SureFire° burner/blowers, each equipped with *Automatic Temperature and Ignition Control. The ATIC system automatically ignites the heaters to preheat and maintain the temperature of the screed plate within a 14° F (8° C) range of any preselected temperature within the systems operating capability range of 125° to 320°F (50° to 160° C). Flame failure and high temperature shutdown protection are integral safety features of the ATIC system. This option includes propane bottle mount, pressure regulator valve and connector tubing. Does not include propane bottle. SCREED EXTENSIONS - OMNI lA PF91801 12" (305 mm) EXTENSION for OMNISCREED® IA PF91802 12" (305 mm) EXTENSION with VIBRATION for OMNISCREED© IA: PF91803 6" (152 mm) SCREED EXTENSION: Special 6" (152 mm) modular extension, available without vibration, can be installed on the outer end of either or both of the extendible sections to increase paving width. SCREED OPTIONS SPECIFICATIONS MODEL PF-4410 , PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 11 PF91901 OMNI 1A PROPANE KIT: Unitized, propane fueled, SureFireo burner/blowers, each equipped with *Automatic Temperature and Ignition Control. The ATIC system automatically ignites the heaters to preheat and maintain the temperature of the screed plate within a 46° F(8° C) range of any preselected temperature within the systems operating capability range of 125° to 320°F (52° to 160° Q. Flame failure and high temperature shutdown protection are integral safety features of the ATIC system. This option includes propane bottle mount, pressure regulator valve and connector tubing. Does not include propane bottle. SCREED EXTENSIONS - OMNI IIIA PF92001 12" BOLT ON EXTENSION: No vibration PF92002 LEFT HAND 12" BOLT ON EXTENSION: With vibration PF92003 RIGHT HAND 12" BOLT ON EXTENSION: With vibration PF92004 24" BOLT ON EXTENSION: CROWNABLE SCREED EXTENSIONS - OMNI 1000 PF92201 RIGHT HAND 49.2" BOLT ON EXTENSION: PF92202 LEFT HAND 29.5" BOLT ON EXTENSION: PF92203 RIGHT HAND 29.5" BOLT ON EXTENSION: PF92204 LEFT HAND 49.2" BOLT ON EXTENSION: SCREED EXTENSIONS - OMNI 318 PF92301 12" BOLT ON EXTENSION: With Heat PF92302 LEFT HAND 12" BOLT ON EXTENSION: With Heat and vibration PF92303 RIGHT HAND 12" BOLT ON EXTENSION: With Heat and vibration PF92304 18" (457 mm) TAPER JOINT EXTENSION PF92305 6" BOLT ON EXTENSION SCREED EXTENSIONS - ULTIMAT SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 12 PF92401 6" CUT-OFF SHOE EXTENSION (ULTIMAT): A cut-of shoe extension plate to be used in conjunction with Article # PF92402 and/or PF92403 to further reduce the paving width of the Ultimat screeds. PF92402 LEFT HAND 6" (152 mm) CUT-OFF SHOE ADAPTOR: PF92403 RIGHT HAND 6" (152 mm) CUT-OFF SHOE ADAPTOR: PF92404 12" (305 mm) SPECIAL SCREED EXTENSION for ULTIMATO 16: PF92405 18" (457mm) SPECIAL (LH) TAPERED & NOTCHED SCREED EXTENSION for ULTIMAT®16 PF92406 18" (457mm) SPECIAL (RH) TAPERED & NOTCHED SCREED EXTENSION for ULTIMAT®16 ADDITIONAL SCREED OPTIONS PF92501 18" (457 mm) CUT-OFF SHOE WELDMENT: PF92502 6" (152 mm) CUT-OFF SHOE EXTENSION: PF92503 ADJUSTABLE CUT-OFF SHOE WELDMENT: PF92504 12" (305 mm) CUT-OFF SHOE EXTENSION: PF92505 12" (305 mm) SPECIAL EXTENSION for 2.5/5B: PF92506 12" (305 mm) SPECIAL LEFT HAND EXTENSION for 3/6 PF92507 12" (305 mm) SPECIAL RIGHT HAND EXTENSION for 3/6 PF92508 3" (76 mm) BEVEL EDGER PLATE PF92509 1.59'(38 mm) BEVEL EDGER PLATE KIT PF92510 BERM ATTACHMENT for 2.5/5B HYDRAULIC EXTENSIONS: PF92511 BEVEL EDGER GUIDE 1.5" PF92513 BEVEL EDGER GUIDE 3.0" PF92514 Auxiliary 120 volt Power Kit for ULTIMATO 16: Provides 9.5 kW of electric power for lighting on night paving and for small power tools. Auxiliary power supply box contains six (6) twist-lock 20 amp receptacles. One (1) outlet is "permanent" and five (5) outlets are controlled by the Energy Management System. Maximum load is 1500 watts each outlet, total maximum load is 9000 watts. One (1) duplex plug in outlet box is also provided. SPECIFICATIONS MODEL PF-4410 PAVER/FINISHER DATE: September 2012 SALES CODE PAGE: 13 PF92515 Auxiliary 240 Volt Power Kit for ULTIMAT@ 16: Provides 9.5 kW of electric power for lighting on night paving and for small power tools. Auxiliary power supply box contains five (5) twist-lock 20 amp receptacles. One (1) outlet is "permanent" and four (4) outlets are controlled by the Energy Management System. Maximlun load is 1500 watts each outlet, total maximum load is 7500 watts. PF92516 POWER SLOPE for 2.5/513 HYDRAULIC EXTENSIONS: PF92518 SPANISH LANGUAGE MANUALS PF92520 10" ROUND NOSE CONVERSION KIT PF92521 SCREED REMOTE CONTROLS (Set of 2): Handheld remote controls providing electrical operation for screed extension (in/out), auger override, and tow point control. (Previously listed as option PF84002) d' 1 CONTRACT PRICING WORKSHIJI;Tr:.~ fft ACft For Catalog & Price Sheel Type Purchases Contract SMIO-14 Date 7/8/2015 , G No : Prepared: u to Valid for 90 Days This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be e-mailed to la«'anda.jallles tc h-gac.conl. Therefore please type or print legibly. Buying 'City of Ashland Contractor: Clyde Nest Ina rlgcncl': i C'onlncl ;Cohn Perteson Prepared Marty Krieger Person: n}" i- Phone: :5,11-552-23,15 Phone: .',5003-804-2750 i Fam :541-488-5320 rns: ?503.252-1769 t;man: peter soinashland.orms i:mau is mkrueger@clydewest.com ease a so sea order con rmat ons to Enroll 2: tant.vnlvn.com cnlntog~Price shod S\410 14 Street Nlaintenance Equipment, product code 34F Name; General Description :asphalt Pmcr of Product: . . .'•'.:.:.'r•:-'•'•'•:•:•:•:•' : ' ' - •i• • ' ,Ire. ...Sl>c ach.Addalaoual Sbca . . lf-\CCcss;ii` ` - t~log.l. ).f taferns.l.~fimg:pit!'ch;lsed....... ..r ................................5 Quaua Description Unit Pr Total 1 Volvo Niodel PF4410 Asphalt Paver S331,0521 5331,052 :See next page for machine specs subtotal A: $331,052 ; • li . • o'iial;f li Pi 1f NCCessal; ; 13: LIA.Siitilislicil:OjitibiaC.ssm.}. ~lce.lttliis :Jt~i,llCliiil::-:~it,iC A(1 t } . • , ji.. •-•'r'•i •:•i tor. Id,'•:.:.:.:.:.:..:.:.':.:.:.:.:.:.:.:.:.:.:-..:.:.:<.:.:.:.:.:-:.:-:.:.:.:-:.:..:-:.:.:-:I:.;.:.:.:.:.: . . (Tie: sliesl:ItK ii~i; e......l.......s~l....t.....1 ~ . • Quall Description Unit P1, Total 1 I hinds on training nt the City of Ashland for Operators and iMaintenance Crews 52,000: $2,000 1 SO I SO 1 $0 Total Fi-om Other Sheets, IfAny: S ubtotal 13: 52,000 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of s the Base Unit Price plus Published Options (A+B). For thi transaction the percentage is: L:16t;i1 6osC6tf(ii'e,awy61I1Ca' is i S1ifi able C..... s;.1 1:adc-L1S; Altniti.aliic'rs,;i)lschtlllts,.l C("'0: 013 $333,052 :1lisci511i iiciiiis I 'i: ar cs; . 1]l.....i.. ..........i.......,....ci},laf I.........qn t C • • • • • . • . • • . • , . i. hreight 51,900 PUI $1,500 50 $0 Subtotal D: $3,400 :::Ai~llt~ E:;:Tii('a ~-!O?di s. ~-1,ice: g; T3+: 5336,452 24 lam. i i Description . Part # List Price Volvo PF-4410 Paveer PF4410 $328,215 Pump box, electric screed PF11002 $4,168 PowerFlight tunnels with PF13001 $4,260 screed Mat-Kontrol it with Ultra 3s PF14002 $3,541 sensors Work light package (2 front & 4 PF56001 $2,152 i rear Ultimat 16 wlpower crown and PF91007 $97,257 power slope kit and electric with ATIC and remote control stations...- Auxiliary 120 volt Power Kit for PF92514 $3,292 Ultimate 16 US Engine PF41001 $0 Truck Hitch PF15002 $16,167 Blaw-Kontroll II Grade and PF53001 $19,890 f slope electronics (Sonic UltraE e V i Electric Fuel Gauge PF59201 $1,067 12' Paving-Auger & Guard Kit PF81002 $4,033 6" Cut-Off Shoe Extention PF92401 $496 LH 6" Shoe Adaptor PF92402 $413 ' RH 6" Shoe Adaptor PF92403 $413 Material Indicator Kit PF83002 $1,250 Adjustable Cut-Off Shoe PF92503 $227 Weldment I i Total List Price $486,841 HGAC % off List (enter as % here) 32% HGAC Price $331,052 i Street Maintenance Equipment Pose 1 of 4 i A CONTRACT BETWEEN HOUSTON-GALVESTON AREA COUNCIL Houston, Texas AND ' f VOLVO CONSTRUCTION EQUIPMENT NORTH AMERICA, LLC Shippensburg, Pennsylvania This Contract is trade and entered into by the Houston-Galveston Area Council of Governments, hereinafter refereed to as H-GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston,lexas 77027, AND, Volvo Construction Equipment North America, LLC, hereinafter referred to as the CONTRACTOR, having its principal place of business at 312 Volvo Way, Shippensburg, Pennsylvania 17257. ARTICLE 1: SCOPE OF SERVICES The parties have entered into a Street Maintenance Equipment Contract to become effective as of October 1, 2014, and to continue through September 30, 2016 (the "Contract"), subject to extension upon mutual agreement ofthe CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, for the purchase of Street Maintenance Equipment offered by the CONTRACTOR. The CONTRACTOR agrees to sell Street Maintenance Equipment through the H-GAC Contract to END USERS. I ARTICLE 2: TIME COMPLETE AGREEMENT The Contract shall consist of the documents identified below in order of precederice: 1. The text of this Contract form, including but not limited tb, Attachment A 2. General Terms and Conditions 3. Bid Specifications No:SM10-14, including any relevant suffixes 4. CONTRAC]('OR's Response to Bid No:SM10-14, including but not limited to, prices and options offered 1 All of which are either attached hereto or incorporated by reference and hereby. made a part of this Contract, and shall constitute the complete agreement between the parties hereto. This Contract supersedes any and ~ 11 orator written agreements between the parties relating to matters herein. Except as otherwise provided hercin, this Contract cannot be modified without the written consent of both parties. ARTICLE 3: LEGAL AUTHORITY ! j CONTRAC'T'OR. and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this Contract. The governing bodies, where applicable, have authorized the signatory4.fficials to enter into this Contract and bind the parties to the terms of this Contract and any subsequent amendments thereto. f~ 1 . 1 ARTICLE 4: APPLICABLE LAWS , The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuances, ordinances, and laws in effect or promulgated during the term of this Contract. ARTICLE 5: INDEPENDENT CONTRACTOR The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-CAC or CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government. Bmployees of CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR CONTRACTOR is solely responsible for ! employee payrolls and claims arising therefrom. 1 ARTICLE 6: TEND USER AGREEMENTS H-GAC acknowledges that the END USER, may choose to enter into an End User Agreement with the CONTRACTOR through this Contract and that the terns of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be construed as H•-CAC's endorsement or approval ofthe End User Agreementterms and conditions. CONTRACTOR agrees not to offer to, agree to or accept from END USER any terms or conditions that conflict with orcontravene those in CONTRACTOR's H-GAC contract. i Further, termination of this Contract for Any reason shall not result in the termination ofthe underlying End User Agreements entered into between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration, The only ' effect of termination of this Contract is that CONTRACTOR. will no longer be able to enter into any new End User Agreements with END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be. due and payable to H-GAC on any End User I HKONTRA CTMtreet Maintenance EquipmentlValvo Construction Equipment North America, LLOSM10-14.82 1 1 1 Street Maintenance Equipment Page 2 of 4 Agreements surviving termination of this Contract between 11-GAC and CONTRACTOR. ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS CONTRACTOR agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose ofthis Contractor any right, title, obligation or interest it may have therein to any third party without prior written notice to 11-GAS. H-GAC reserves the right to accept or rejcct any such change. CONTRACTOR shall continue to remain responsible for 4 performance under this Contract regardless of any subcontract or assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees. ARTICLE S: EXAMINATION AND RETENTION OF CONTRACTOR'S RY&ORDS I CONTRACTOR shall maintain during the course afits work, complete and accurat records ofitemsthat are chargeableto END USER under this Contract. H-GAC, through its staffor its designated public accounting firm, the State of Texas, or the United States Govednrrtent shall have the right at any reasonable timcto inspect copy and auditthose records on or offthe p~emises ofCONTRACTOR. Failure to provide access to records may be. cause for termination ofthis Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period ofnot less than five (5) calendar years from the date of acceptance ofthe final contract closebut and until any outstanding litigation, auditor claim has been resolved. The right of access to records is not limited to the required retentioniperiod, but sfia(t last as long as the records are retained. CONTRACTOR Ritther agrees to include in all subcontracts under this Contract, alprovision to the effect that the subcontractor agrees that H-GAC'S duly authorized representatives, shall, until the expiration offive (5) cale4aryears after final payment under the subcontract or until all audit findings have been resolved, have access to, and the right to examine and. copy any directly pertinent hooks, documents, papers, l invoices and records of such subcontractor involving any transaction relating to the subcontract. ARTICLE 9: REPORTING RE, QUIREMEMB CONTRACTOR agrees to submit reports or, other documentation in accordance with the General Terms and Conditions of the Bid Specifications, If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation, or otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination ofthis Contract. ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE If CONTRACTOR, at any time during this Contract, routinely enters into agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, CONTRACTOR shall notify H-GAC within ten (10) business days thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date of the most favorable contract, wherein, CONTRACTOR shall provide the same prices, 'warranties, benefits, or terms to H-GAC and its END USER. H-GAC shall have the right and option at any time to decline to accept airy such change, in which case the amendment shall be deemed null and void. If CONTRACTOR is of the opinion that any apparently wore favorable price, warranty, benefit, or term charged and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10) business days notify H-GAC in writing, setting forth the detailed reasons CONT"CTOR believes aforesaid offer which has been deemed to be a most favored treatment, is not in fact most favored treatment. H-GAC, al)er due consideration of such written explanation, may decline to accept such explanation and thereupon this Contract between H-GAC And CONTRACTOR shall be automatically amended, effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms to H- GAC. The Parties accept the following definition of routine: A prescribed, detailed course ofaction to be followed regularly; a standard procedure. EXCEPTION: This clause shall not be applicable io prices andprice at ustinents offered by a bidder, propose or contractor, which are not within bidder's/proposers control (example; a manufacturer's bid 6ncessionj, or to any prices offered to the Federal Governinent and its regencies. ARTICLE 11: SEVERABILITY All patties agree that should any provision ofthis Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 12: DISPUTES Any and all disputes concerning questions offactor oflaw arising under this Contract?; which are not disposed ofby agreement, shall be decided l by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereofto CONTRACTOR. t The decision of the Executive Director or his designee shall be final and conclusive0ess, within thirty (30) days from the date ofreeeipt of such notice, CONTRACTOR requests a rehearing front the Executive Director of H-GAC. In connection with any rehearing under this i Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the ~ Executive Director after any such rehearing shall be final and conclusive, CONTRACTOR may, if it elects to do so, appeal the final and . HACONTRACTStStreet Maintenance Equipmeattvolvo Construction Equiprnent North Amedca, LI.6SM10-14,82 i I I i Street Maintenance Rguiptritent Page 3 of 4 conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, CONTRACTOR shall proceed diligently with the performance of this Contract tin 011 in accordance with H-GAL'S final decision. ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability under this Contract, whether for breach of conh-act, warranty, negligence, strict liability, in tort' or otherwise, but excluding its obligation to indemnify E H-GAC described in Article 14, is limited to the price ofdre particular produeWservices sold hereunder, and CONTRACTOR agrees eitherto l refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any loss of rise, loss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the frill extent such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any aiency of State or Federal government to have been paid in violation of the terms of this Contract. I ARTICLE 14: LIMIT OF II-GAC'S LIABILITY AND MEVINIFICATION OF H-GAC 11 GAC's liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will 113-GAC be liable for any loss of use, Ioss of time, inconvenience, commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent such rise may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees,-and indemnities fi•om any and all claims, costs, expenses (including reasonable attorney fees), actions, cases of action, judgments, and liens arising as a result of CONTRACTOR's negligent actor omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any actual suit filed against CONTRACTOR relating to this Contract. ARTICLE 1S: TERMINATION FOR CAUSE H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the Contract; provided that H-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within shirty (30) days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligently to complete such correction, then H-GAC may, at its option, place CONTRACTOR in default and the Contract shall terminate on the date specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on thatportion of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR. 1 ARTICLE 16: TERMINATION FOR CONVENIENCE Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice-to the other. CONTRACTORrnay be entitled to payment fiom END USER for services actually performed; to the extent said services are satisfactory to END USER. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR. ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS CONTRACTOR agrees that it w411 perform under this Contact in conformance with safeguards against fraud and abuse as set forth by H-GAC, the State ofTexas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H-GAC of any suspected fraud, abuse or other criminal activity related to this Contract through filing ofa written report promptly after it becomes aware ofsuch activity. I ARTICLE IS: GOVERNING LAW & VENUE This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Contract shall lie exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are to be resolved in accord with the law and venue rules ofthe state ofpurchase. CONTRACTOR shall immediately notify H-GAC ofsuch disputes. ARTICLE 19: PAYMENT OF H-GAC ORDER PROCESSING CHARGE CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including, but not limited to, the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has been placed with CONTRACTOR, H-GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of any product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10) business days after receiptofpayment, whichever is less, pay H-GAC the full amount of the applicable order processing charge, whether or not CONTRACTOR has received an invoice fi-om H-GAC. For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if H!\CQNTRACTSiStreetMaintenance&tuipmenftVolvo Constriction Squipmait Nortii America, LI.CISM2D-14.$2 i ~ . i Street Maintenance Equipment Page 4 .of 4 CONTRACTOR fails. to..pr6mptly remit H-GAO's order processing: charge. In.no event shall H-GAC have. any liability to CONTRACTO&for any goods .r services-an END.USER procures from CONTRACTOR. ARTICLE 20': LIQUIDATED DAMAGES Any liquidated dam4ges terms wiltbe determined between:CONTRACTOR and 9ND USER at the1irne..ENIMSEWS purchase order is placed. ARTICLE 21: PERFORMANCE, .AND",PA_VMENT.BOND FOR INDIVIDUAL. ORDERS '11-GAO's contractual requirements DO NQT include a:Pe ifotanaiice $:;Payinent $ond (PPB), ariti`aHeirad;'pTFCing sltould reflect this cost .:saving. However, CONTRACTOR must be_ prepared to .offer a.P:PB to cover any specific order rf sa° requested by END USER. CONTRACTOR shall,. quote a. price. to'UND USER for. provision of any requested PPM and -a ee8 to furnish the PPB within ten business (10) days of receipt of-I1ND US.ER's purchaser :prdey. ARTICLE 22: CHANGE OI4 .CONTRACTOR STATUS CONTRACTOR shall immediately notify H-GAC, n' wiitjng &ANY change in'owneish pr eonti10 , :dealersLiip/franchisee status,,MQtor Vehicle licetis.e stnttis,_or name, and shall also advise Wi eth'er of :nat this Contract shall be affected. wany way by such eliange.. H-GAC. shall 6ve'the tight p determine whether or not such'c an e: is:acceptable, and to determine what action shall be warranted,'. ip.-to and including.:aancellation of'ConUact. ARTICLE.23: ` 1CCNSING REQUIRED UY TEXAS MOTOR VEHl[CLE D..OARD JIF APPLICABLE, CONTRALTO.R.will for. the duration of this:C.ontrapfulaiji atunent licenses'fl?at ►lei,: ci_aimed.13" eTexaslvlotorVehicle.Cammission Code..I `:at'.any fnne:during this Contract peri'od,.any 00I*1TRACTORIS licensers riot re ievyed, p is denied or r evolved, CONTRACTOR shall be-deemed to be in defaultof this Contract .unless.the:Motor Vehicle Boatd i§si st:~y or waiver. Contractorshallpiomptlyprovide eopies'of'alI current applicable Texas.Mofor-yehicle'Boai;d doputnent~tion to.. 'G ..:t!pon request. IN WITNESS WHEREOF, the parties have.:ca iq'ed this Contract;;to be exeetited by their duty atifhor zed representatives, Signed for Housto it-Galveston Area Council, l-louston,.Teaas: ,l~xectitive. D irector Attest forHouston-aalvcston. Area Cuu.ncil,:I-Iou, tory.Texas: ' D >cir~e:.' . ectarc5, 1?ulilic:Serviees Dater ~ 2~ y Signed for Vol.ro Construction Equipment North Alnoj jj, C Ship. e66liurg, Penrisylvania: i I'riilwl''N:ame&Title: N T1. .iC_ Date: 09 S 20! t' I Atiest for. Volvo.Constt•uetion .Equipment.Noi.th nnvjF'A~JLA,C Shipnoiisbu.rg,1'en nsylv<rIa, ~-{{dts' tNl `.C:otiv~t.! J 1' CCu;~nsQ. Printed Name 8c'r16;n i i H;IGONTRACTS3S.treet Mnintnnance.EquipiiientiVolvo Construction Equipment Nortl1 Anrericn, UtkSM1044.82 I k Attachment A Volvo Construction Equipment North America, LLC Street Maintenance Equipment Contract No.: SM10-14 ' <:i:•' - ~.1 :'1:' :<S" '^S ~ _ _ c:i^,. ,-c.:Y:.. .,'.N?-~ .=L••rMC•. ^r .y..7^-:"rt: - .r.. ...uy_ c° ='<i: i .l:u+~ ::m.:, <..._V.~fi:'<".,i,;:, G 1 rte. 5 r qk a 3 r )3r = 2 ~t; 1 i L J t 1l r@~ O , ti 3 4 r J.ix: "ti"cr.<~=?r>{~ ,..'vrr,.=yt:~tr a.4e':~'< ~ -i'W,~~~~--T-~'' 'k ~.•~._~.'S.. .,k s ~a s;ti::ir_t.K~ J7 ~T, wL ~ ~ ~'.31t ~~;:k••^~+, ~?rt~ r _~,~,:~~~~r_>a~~:;>;~~:~~~5~ t~tn:Descri~~zon s t , : d Pl?O 11Ct~°i'--.:i.'-~'4• Et..•1F»~s~i?."`;;~'~y~~'a::~:,2`~tY:~:>:a~~ :`.~j ~ri,.<~`Y~`~~bCt~~~':. ~ ,cam^a ~ Ce~..t,;,•V. .°1'.v.;` y~':;r iS ,i"`rr ::.~''.r`c...~i:_V,n,:.•;.r:;-9.s:-3.~~ ;N - :~t.e-', .~5.3!:~:~. ~ ' a S~ ::4;i#1:. _ - .'j.~a.. :t~:s`Y_'..-.:.v4 rx _em 'i ~.,~e,: _ .J?;- ..S`%,rd=~'~,t~...~~~'..~ ;aPX'°"~,~v..,.~ ..'i. ti,e}s~. y, ...S~..i~. ,ri a: ',.r^.-• •.q-• .ice.. t•"., C':i' ' _ _.:al,.. t. v .Y, . ,..v: s'S ~ 5: ~ 7•. , .Z. - a ' 3 . ~r .]n :4.. .v.2.. Sh <:~j. _ ,~C:~:k.... .l ti.,.r µ 67 ,4. ~ .:~3;<s@Otlntn~~,000l@•- .1.~ .it~':i. - ~=lii`.i.~i-'-_`7:^.'h'n'~1. 171_~:.r...~iL... <.4~G:l:l~i~ ~.1 34A Volvo Construction Single Smooth Drum Vibratory Rollers Catalog/Price Sheet effective 32% 01/01/2014 34B Volvo Construction Tandem Drum Vibratory Rollers Catalog/Price Sheet effective 01/01/2014 32% 34C Volvo Construction Combination Rollers Catalog/Price Sheet effective 01/01/2014 32% 34D Volvo Construction Pneumatic Rollers Catalog/Price Sheet effective 01/01/2014 32% 34E Volvo Construction Asphalt Milling/Planing/Reclaiming Machines Catalog/Price Sheet 35% effective 01/01/2014 34F Volvo Construction Pavers Catalog/Price Sheet effective 01/01/2014 29% i i i i •3C'L+C'er,.~~~.,ar aa~....,ti.+Laos,a,~.gar.~m~....r..~.~yEa.wr.Ln.~.a++.t..«..,rra►.er.a.s~rtia.n,mn..~a,ro..r~..+r~..o.~~..~o.ar~.a. Vbs$dr3f7A W W W 'u3Edv3gv'v3EuvzFdv3fv'v3FvW u VIAT;1A?iA Ev'49VAWA rAA Fdv3VIATvr4V'v3fv`'A gu'A naW-AFdv3fIA AV-Aw'tSATEdv3FIAWA~v ST44IVA1'u3Eurn:T44T`AV7441W Fv`'u319A AIVASA;I ArTTIfrou3£v9279W9 A: a, ell; 8w .a 8 w4 e1A a .r, 5 ~n VOLVO el; 45 a Volvo Construction Equipment North America "h •h Warranty - Disclaimers - Limitations Limited Warranty for Governmental / Municipalities Volvo Construction Equipment North America ("Volvo CE") hereby extends to its authorized dealers ("Dealer") and the Dealer's Governmental / Municipalities customers (`Customer", and both Dealer and Customer area a referred to herein as a "Buyer"), who purchase a new Volvo construction equipment machine ("Machine-) or new Volvo part (`Partboth of which are referred to herein as a "Product") from Volvo, the following limited ;7A warranty: Subject to the exceptions and limitations set forth below, Volvo CE or Dealer will repair or replace any part of a a 3 new Machine or new Part which proves to be defective in material or workmanship during the following periods -M (the "Warranty Period"): ~ Volvo wheel loaders: 12 months/2500 hours, whichever first occurs Volvo articulated haulers: 12 months/2500 hours, whichever first occurs, ;7A Volvo hydraulic excavators: 12 months/2500 hours, whichever first occurs 4-1 P1% Volvo motor graders: 12 months/2500 hours, whichever first occurs 4414 Volvo compactors: 12 months/2500 hours, whichever first occurs A 24 months unlimited hours on DD90 and larger compactors 45 Volvo pavers: 12 monthsl2500 hours, whichever first occurs 24 months unlimited hours on 6000 / 7000 series Blaw-Knox paversh Volvo milling: 12 months/2500 hours, whichever first occurs Volvo compact wheel loaders (up to 100 net hp.): 12 months/unlimited hours Volvo skid steer loaders: 12 months/unlimited hours, Lifetime arm for one-sided a Volvo compact hydraulic excavators (less than 1 I metric tons): 12 months/unlimited hours Volvo backhoe loaders: 12 months/unlimited hours Volvo engines: 12 months/2500 hours, whichever first Occurs ti Volvo parts: 6 months/1500 hours, whichever first occurs Volvo rein anufactured components: 12 months/2500 hours, whichever first occurs Volvo Attachments: 12 months The Warranty Period commences immediately following the delivery of said Product to the Buyer who first puts said Product into use. The foregoing limited warranty shall include the labor cost to accomplish the repair or 7 replacement of the defective part provided that the repair or replacement was performed by a Dealer.; The foregoing warranty does not cover: (1) any Product found to have been damaged by abuse, accident, other 1 casualty or a failure to maintain or use the warranted Product in accordance with the applicable manuals or =s 419 419 instructions (Buyer is required to use only original equipment manufacturer filters during the Warranty Period); W ~T (ii) the labor costs to repair or replace defective Parts after the expiration of the Warranty Period of the Machine in which such Part is located, (iii) overtime labor premiums, (iv) costs and expenses associated with the is transportation of Dealer's service personnel to and from the location of the warranted Product, (v) any parts, components, attachments or accessories for which Buyer receives a separate warranty by the manufacturer or producer thereof (in specified cases said warranty may be administered by Volvo CE); (vi) maintenance items or ground engaging parts that have achieved their normal service life. A. 494 DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO BUYER IS EXCL,USIVI-; AND IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESSED OR IMPLIED. AND "H IERF IS NO IMPL,IF,D WARRANTY OF MERCHANTABILITY OR FITNESS ; FOR A PARTICULAR PURPOSE.. 44 REMEDIES AVAILABLE TO BUYER ARE LIMITED TO MAKING A CLAIM UNDER THE FOREGOING WARRANTY AND ARE EXCLUSIVE AND EXPRESSLY LIMITED TO OBTAINING THE PARTS AND LABOR IN ti ACCORDANCE WITH TI IE TERMS OF SAID WARRANTY. i719 A 21 D 1001547-NA REV. 03/2013 ~v~Y4 i:4 ~TVx8~7~2uSZuTr4v3SvTUZi~SuTO4v38u7u8Fvr4Pv~v4vs v4Fv~uay4fe SfvYr4$vr4Er4v48uPvTr4y3FvEvTh4EuT~PvvgSu'v~PvYU3YvTUZ~iSi~Yv7v~~i V~fvw°SuuZSr~SvTV3~v7u38v~48J'Y3fNY43EuYVZfvwYv v4~~7Y3EVYY3EuYSEVVYEu'v$EJN4N4EVYN4EvN4 3 1414%n ?9-A;Na3:u ;A4Su'~EuAVIA~drMIASTAVIAIV44 v`'v3Evv32v' IVAIdv3Pv'XWIAEdu3VIATAIVA%7'%IN;27A17v3Fv'A4";IA2 a3£ur4EavaWA si"3~u zwvtwatvu~gvv3Evv~~vv3~u`Fu',~tv'v nilIvu3W A Sd'AVASTAVIA19A fdv3Eu' 1 A ~rz ells r~~ ~v3 L Warranty - Disclaimers - Limitations" e1A 8 y LIMITATIONS OF LIABILITY AND DAMAGES e~ Regardless of whether a claim against Volvo CE or Dealer is based on the foregoing warranty or is 4A an action in contract, tort (negligence or strict liability) or otherwise, their respective liability for ►4 losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the y 01; Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost i7 performing the obligations contained in the foregoing warranty, and in no event shall their respective or joint liability exceed the value of the Product or part thereof giving rise to such liability. CONSEQUENTIAL AND SIMILAR DAMAGES NOT RECOVERABLE Except for performing the obligations of the foregoing warranty in accordance with its terms, Volvo CE and Dealer shall have no liability for loss, damage, or expense, directly or indirectly, attribLitable ' to a loss of use of a Product. loss or damage to property other than the Product, loss or damage to the Product or any part thereof or any other economic or commercial loss, including, without limitation. lost profits or special or consequential dama€~ges (except liability for any type of consequential damages which by law may not be disclaimed). The parties intend that this prohibition against consequential and similar damages will survive and be effective even if the limitation of remedies in the foregoing sections is found to fail of its essential purpose under section 2-719 of the Uniform _ Commercial Code. 1vY~ Evv3 ALLOCATION OF RISK i" The foregoing warranty disclaimers, limitations of liability and limitation of remedies are bargained allocations of risks among (i) the Customer who purchased the Product, (ii) the Dealer who sold the 4 Product, and (iii) Volvo CE, which is a third party beneficiary of the contract of sale between the ;719 Customer and the Dealer. The Buyer of the Product accepts the foregoing warranty and the other w bargained for allocations of risk as part of the agreed price for the purchase of the Product to which eA the foregoing warranty applies. Volvo CE is prepared to offer different warranties and other 4% allocations of risk for other prices. However, any such change in the warranty or the allocation of 4~ risks must be confirmed in writing by Volvo CE. Y~ STATUTE OF LIMITATIONS Any action by a Buyer of a Product for breach of contract, for breach of warranty arising under, or for a cause of action arising out of the sale of a Product, whether based on contract, tort (negligence or strict liability) or otherwise, shall be commenced within one (1) year after the cause of action has 1; accrued. Any such cause of action shall be deemed to have accrued at the earlier of (i) the discovery ? of the defect or breach, or (ii) the expiration of the applicable Warranty Period. ~w wTi 5 ~7~ Ev v3 ar A. 21 D 1001547-NA REV. 03/2013 •o Ev7,~g ~v3 ;PIT ~7~ Fv v3 P ~r fie. aq Yro u3~v~u? ~~EuTVTA~Yr38yTVZ Yy7u~~Yv~ Fv~v5Eu7v~froYVS~u7v'~~V'~~vTVZEv v8~u7VS8VYV$8u7u3Eu7~~u7Y4~v7r~Yv7~~'~Pv7oa Yv7~ErYV~Ed~~v'Y~Ft'VSEV7VZ aVYW Zv qa SV~V3~J~V~YV'V~Et'Y~~v7V3SJ'Va~i Y3~V743~VYV3~N7YZEVYNS~V7Y~PV YSFM1'VZ~i Y3~P'4~~ Y3SV~bTYy7YSBV~43£V7Y~EV'vZ Fv 63~dV~~v 4g~ v~ TERMS AND CONDITIONS 1. Proposals to furnish new products, whether in existence or to be manufactured are based on prices, freight rates and other cost factors prevailing. at time of shipment. Prices are subject to increase if increased by the manufacturer before acceptance of order by us. Freight costs, if any, included in proposal are subject to correction if changed by tariff applicable to shipment. Other cost factors, if any, are subject to increase if increased before acceptance of order by us. 2. Delivery estimates are approximate and are based on information from the manufacturer as of the proposal date or the most recent date confirmed. We do not accept liability for delay in manufacture. shipment or delivery. 3. Proposals relating to specific existing products are made subject to prior sale or commitment unless otherwise stated herein. 4. Proposals and sales of used products are "as is" unless otherwise specifically represented and proposed in writing herein. New equip- ment will be subject to the exact terms set out in the manufacturer's warranty, a copy of which is attached as a part of this proposal. 5. Acceptance of our proposal by the purchaser followed by written acknowledgment by one of our corporate officers constitutes an agree- ment which contains all the agreements and representations of the parties and is intended as a final, complete and exclusive expression of such agreement. The agreement cannot thereafter be modified except in writing signed by one of our corporate officers. 6. An order, once accepted and acknowledged may not be cancelled without our written consent and, if cancelled, purchaser agrees to pay the cancellation charge assessed against us by the manufacturer and our accumulated direct costs. 7. Purchaser accepts responsibility for product purchased when it is delivered at the FOB point specified in the order whether to purchaser, carrier, or bailee, whichever occurs first. Purchaser authorizes us to execute on purchaser's behalf shipper's or carrier's bill of lading or con- tract for carriage of product related to shipment. 8. We warrant title to the product sold. The manufacturer of the product sold may extend to the purchaser its standard warranty. The pur- chaser shall look to us only for title warranty protection and shall look solely to the manufacturer for any other warranty protection. Except for the above, it is expressly understood and agreed that NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, nor other warranty, express, implied or statutory IS MADE. It is agreed that the particular qualities and character- istics which are not being warranted by us include each and every operating characteristic and quality of the product, it being understood and agreed that the purchase price is based on the purchaser re-lying solely on the manufacturer's warranty protection. Description of the product being sold is for identification only. 9. Under any and all circumstances, our liability (in any case where we may be liable to purchaser) shall be limited to replacement or repair of defective parts or workmanship and excludes any labor necessary to remove or replace any part when examination discloses to our sat- isfaction that the product was defective under normal use, maintenance and service within one year or warranty period, whichever occurs first from time of delivery / FOB point. 10. If we shall attempt repairs or replacements in any case where we may be liable, we shall be entitled to continue to attempt to remedy defects for so long a time as in our sole judgment such attempt is justified. If the defect is such that we shall determine that repairs or replace- ments are not practical, purchaser shall have the right to return the product to us and to have refunded the fair market value of the product as established by us in any commercially reasonable manner. The foregoing shall be the purchaser's sole and exclusive remedy against us whether in contract, tort or otherwise. 11. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY AND IN NO EVENT SHALL WE BE LIABLE FOR SPE- CIAL, DIRECT, INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR COMMERCIAL DAMAGES OR ANY OTHER DAMAGES EXCEPT AS STATED HEREIN. OUR LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT SOLD, WHETHER LIABILITY RESULTS FROM BREACH OF WARRANTY CONTRACT, TORT OR ANY OTHER CAUSE WHATSOEVER. 12. No action against us for reach of this contract or any other obligation of ours herein can be commenced after more than one year after the same has accrued, and the one year limitation shall apply without regard to the knowledge or lack of knowledge of any party with respect to breach or damage. 13. Payment of the purchase price is due and payable on the 10th day following delivery of the product to the FOB point unless other spe- cific terms are arranged and approved. If a form of deferred payment plan is used. purchaser agrees to execute documents required and to furnish financial statements or information requested. Terms for deferred payment are subject to approval of seller's credit department. Purchaser represents it is solvent. 14. A service and handling fee at the rate of 1112 percent per month, 18% per annum, shall be charged on all sums not paid when due. 15. Title to the within described equipment shall remain in us until such time as payment has been made in full. You agree that we shall have a security interest in the equipment to secure payment in accordance with the payment terms set forth in the proposal, and that we shall have all the rights of a secured party under the Uniform Commercial Code, including the right to repossess the equipment and to obtain a defi- ciency judgment, in the event these payment terms are not met. You agree to execute financing statements if we so require. 16. Our proposal or our order is expressly limited to the terms and conditions herein. 17. Seller shall not be liable for the cost of any charges relating to inspections, testing and/or modifications necessary to conform to specif- ic codes, ordinances, or regulations. 18. This agreement shall be interpreted according to the laws of the state in which the branch of the seller is located, and venue of any action arising out of or in connection with this agreement shall be in the county and state where the branch of the seller is located. ACOORE> ® 7TJE (MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE /5/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Minami CPCU CRIS NAME: Bell Anderson Agency, Inc. PHONE (425)291-5200 T-FAX I IIC No:(425)291-5100 EKt)E 600 SW 39th St, Suite 200 E-MAIL lindam@bell-anderson.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Renton WA 98057 INSURERA:Continental Western Insurance Co. INSURED INSURER B :Saif Corporation SAIF Clyde/West Inc INSURER C : PO BOX 20577 INSURER D: INSURER E : Portland OR 97294 INSURER F : COVERAGES CERTIFICATE NUMBER:CL1510612301 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE Fx_]OCCUR DAMAGE TO RENTED 300 000 PREMISES Ea occurrence $ 1IND2976225-25 6/13/2015 6/13/2016 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1,000,000 M'OTHER L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 , 000 , 000 POLICY PRO- ❑ LOC PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 JECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS TMD2976225-25 6/13/2015 6/13/2016 BODILY INJURY (Per accident) $ $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 8,000,000 T RETENTION IMD2976225-25 6/13/2015 6/13/2016 $ DED F WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 B OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) 810007 10/1/2015 10/1/2016 E.L. DISEASE - EA EMPLOYE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Ashland, Oregon, and its electred officials, officers and employees are additional insured for general liability, but only if required by written contract or written agreement per the attached endorsement #CLCG0013 0813. Waiver of subrogation included per the attached endorsement #CLCG0013 0813. Coverage is primary & non-contributory per the attached endorsement #CLCG0013 0813. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Andrew Hoven/HMS z 71988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INR025 romemi COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V - DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; CL CG 00 13 08 13 Includes copyrighted material of Insurange Services Page 1 of 6 Office, Inc. with its permission C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc. with its permission 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits' in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED - NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 Of 6 Office, Inc. with its permission 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. 1. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc. with its permission Paragraph K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHERINSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense'regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS- AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the "products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc. with its permission a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services ' within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office, Inc. with its permission Page 1 / 1 CITY OF DATE PO NUMBER ASHLAND 20 E MAIN ST. 11/9/2015 13228 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 006227 SHIP TO: Ashland Fleet Maintenance CLYDE WEST (541) 488-5358 PO BOX 20577 90 N MOUNTAIN PORTLAND, OR 97294 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Stu Wilkie Special Inst: Confirming? No Quantity Unit Description. Unit Price Ext. Price 1.00 Each Volvo Model PF4410 Asphalt Paver 336,452.00000 336,452.00 Vehicle #996 - Street Department Volvo PF4410 Asphalt Paver $331,052.00 Training at COA Service Center $2,000.00 Freight $1,900.00 PDI $1,500.00 Contract for a Volvo Model PF-4410 Asphalt Paver Beqinninq date: October 30, 2015 Completion date: April 29, 2016 SUBTOTAL 336 452.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 336,452.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.70300 336,452.00 i AuthoriZdd Signature VENDOR COPY FORM 43 CITY OF ASHLAND REQUISITION Date of request: 10/2/2015 Required date for delivery: Vendor Name HGAC-BUY Address, City, State, Zip P.O. BOX 22777 Contact Name & Telephone Number HOUSTON, TX 77027 Fax Number 1-800-926-0234 FAX713-993-4548 MARTY KRUGER/CLYDE WEST INC. 503-804-2750 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach co of council communication -(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ _,Forrh #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5,000 to $75,000 worm #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment P,1Vritten quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: g Z of S (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ONE VOLVO MODEL PF4410 ASPHALT PAVER $331,052,00 $331.052.00 ONE TRAINING AT THE CITY OF ASHLAND FOR OPERATORS AND $2,000.00 $2,000.00 MAINTENANCE CREWS FREIGHT $1,900.00 $1,900.00 PDI $1,500.00 $1,500.00 TOTAL COST ® Per attached quotelproposal $336,452.00 Project Number _ _ _ _ _ _ - _ _ _ Account Number, 0'8- 1-2-00 -77-03kots Account Number Account Number `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Department Head: Employee: ; &4-6~ 1 ' (Equ I to or greater than $5,000) Department Manager/Supervisor: City Administrator: - (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to orgthterthan $5,000) Date ` Form #3 - Requisition