Okaloosa County BOCC — January 7, 2014 — Kansas-Final -Payment — reading text

ITEM: EQUIPMENT LEASE FOR (4) NEW MOTOR GRADERS Please complete all columns that your company can bid, Okaloosa County reserves the right to select the pricing/proposal that best meets its needs. Please include details with your bid. $ Per Unit Total 4 Units Purchase Price: 1. Straight Lease Price per month (3 years) $1,562.35 $6,248.61 2. Gast-te-purehase Purchasing Option Price @ end of 3 year lease $120,808.00 $483,232.00 3. Cost to return units @ end of lease * see attached *see attached Do not include maintenance in your pricing. ANTI-COLLUSION STATEMENT: The below signed bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to bid whatever. (Note: No premiums, rebates, or gratuities permitted either with, prior to, or after any delivery of materials. Any such violation will result in the cancellation and/or return of material (as applicable) and the removal from + bid list(s). ASC Construction Equipment Gk. Fboint- Bidder’s Company Name Agfthorized Signature ~ Manual 3240 Moffett Road John Edwards Authorized Signature - Typed Mobile Alabama 36607 General Manager Address Title 850-685-7055 251-473-6119 Phone # Fax # 20-1862082 John.edwards@ascvolvo.com Federal 1D # or SS # E-mail address REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE _ Gonstruction Equipment en. LISA, INC: Richard Brannon July 14, 2010 Purchasing Director Okaloosa County Fl. Dear Mr. Brannon, We are thankful to have the opportunity to offer four more Volvo G930 Motor Graders for your consideration. In a time when every dollar counts, the Volvo G930 and ASC Construction Equipment strive to help you get the production you need along with reducing your risks and expenses. Attached is the RFB that you sent me along with other documents that will give a detailed explanation of our offering. The G930 is equipped with all standard equipment and also has the following options added to it. Low profile quiet cab 72 db. Air conditioner and heater with easy filter access 14 foot moldboard 14 x 24 radial tires with three piece rims Front and rear work lights Defroster fans Air suspension seat Fold away mirror brackets Mid mount scarifier Auto shift transmission Slope meter Rear wipers Caretrack monitoring system In addition, just the four units you have taken delivery of, these four units will also be enrolled in the exclusive Volvo Care Track Monitoring program. It is already yielding benefits for Okaloosa County. Mark told me the other day that he is tracking fuel uses and it is half what it was with the older graders. Mr. Brannon, again, we appreciate this opportunity and I ask that if you have any questions that you please contact me and I will assist in any way possible. John (obo! General Manager ASC Construction Equipment 850-685-7055 VA kh REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE VOLV © Volvo Construction Equipment North America, Inc. Warranty ~ Disclaimers — Limitations Limited Warranty Volvo Construction Equipment North America, Inc. (“Volvo CE”) hereby extends to its authorized dealers (“Dealer”) and the Dealer’s end-use customers (“Customer”, and both Dealer and Customer are referred to herein as a “Buyer”), who purchase a new Volvo construction equipment machine (“Machine”) or new Volvo part (“Part”, both of which are referred to herein as a “Product”) from Volvo, the following limited warranty: Subject to the exceptions and limitations set forth below, Volvo CE or Dealer will repair or replace any part of a new Machine or new Part which proves to be defective in material or workmanship during the following periods (the “Warranty Period”): Volvo wheel loaders: 12 months/1500 hours, whichever first occurs; Volvo articulated haulers: 12 months/1500 hours, whichever first occurs; Volvo hydraulic excavators: 12 months/1500 hours, whichever first occurs; Volvo motor graders: 12 months/1500 hours, whichever first occurs; Voivo compactors: 12 months/1500 hours, whichever first occurs; Volvo pavers: 12 months/1500 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; Volvo compact hydraulic excavators (less than 11 metric tons}: 12 months/unlimited hours; Volvo backhoe loaders: 12 months/unlimited hours; Volvo engines: 12 months/2500 hours, whichever first occurs; Volvo parts: 6 months/1500 hours, whichever first occurs; Volvo remanufactured components: 12 months/2500 hours, whichever first occurs. Volvo Hammer: 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 replacement of the defective part provided that the repair or replacement was performed by a Dealer. The foregoing warranty does not cover: (i) any Product found to have been damaged by abuse, accident, other casualty or a failure to maintain or use the warranted Product in accordance with the applicable manuals or instructions (Buyer is required to use only original equipment manufacturer filters dering the Warranty Period); (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 lecaied; (iii) overtime labor premiums; (iv) costs and expenses associated with the 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 pround engaging parts that have achieved their normal service life. DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES THE FOREGOING WARRANTY TO BUYER IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 ACCORDANCE WITH THE TERMS OF SAID WARRANTY. ADDITIONAL LIMITATIONS OF LIABILITY 21D1001547 REV. 05/2008 REFERENCE: PURCHASING'S ONLINE CONTRACTS PRINTED/ATTACHED BY: BCC FINANCE Warranty — Disclaimers — Limitations LIMITATIONS OF LIABILITY AND DAMAGES Regardless of whether a claim against Volvo CE or Dealer is based on the foregoing warranty or is an action in contract, tort (negligence or strict liability) or otherwise, their respective liability for losses, damages or expenses of any kind arising from the design, manufacture, repair or sale of the Products is limited, unless otherwise prohibited by law, to an amount not exceeding the cost 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, attributable to a loss of use of a Product, loss or damage to property other than the Product, Joss or damage to the Product or any part thereof or any other economic or commercial loss, including, without Hmitation, lost profits or special or consequential damages (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, ALLOCATION OF RISK 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 Product, and (iii) Volvo CE, which is a third party beneficiary of the contract of sale between the Customer and the Dealer. The Buyer of the Product accepts the foregoing warranty and the other bargained for allocations of risk as part of the agreed price for the purchase of the Product to which the foregoing warranty applies. Volvo CE is prepared to offer different warranties and other allocations of risk for other prices, However, any such change in the warranty or the allocation of risks must be confirmed in writing by Volvo CE. 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 ability) or otherwise, shall be commenced within one (1) year afier the cause of action has acerued. 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. 21D1001547 REV. 05/2008