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HomeMy Public PortalAbout140-2012 - Sanitary - Rogan Equipment - Bobcat Compact Track LoORIGINAL PURCHASE AGREEMENT T141S AGREEMENT made and entered into this J day of PPCe_Yv� L Pr , 2012, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Board of Storm Water Management (hereinafter referred to as the "City") and Rogan Equipment, Inc., 4737 National Road West, Richmond, Indiana 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby agrees to purchase from Contractor one 2012 T770 Bobcat Compact Track Loader (iT4) and Six -Shooter Mr. Manhole unit; with trade-in of City's 1997 New Holland Skid Steer Model LT- 665. Contractor shall deliver such purchased equipment to City and pick up and remove such traded - in equipment from City at its expense. A Request for Quotes sent out September 28, 2012, has been made available for inspection by Contractor, is on file in the offices of the Richmond Sanitary District, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same, and shall provide said equipment conforming with the requirements (except as noted on the returned specification sheet). The response of Contractor to said Request for Quotes is attached hereto as Exhibit "A," which Exhibit is dated October 9, 2012, consisting of eight (8) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor shall provide all equipment, services, and warranties, and abide by all terms listed on Exhibit "A." Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION H. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. Contract No. 140-2012 Page I of 7 SECTION III. COMPENSATION City shall pay Contractor a total sum not to exceed Seventy -Seven Thousand Three Hundred Sixty - Five Dollars and Eighty -Four Cents ($77,365.84) for the above- described purchased equipment, delivered, after trade-in allowance for the above -described equipment. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the project. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor. liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims 'set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Page 2 of 7 Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $1,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor - does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a). (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If Page 3 of 7 this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. PROHIBITION AGAINST DISCRIMINATION Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such assignment or delegation without the prior written consent of the other party shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement Page 4 of 7 between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Both parties expressly agree that this document supersedes all previous negotiations, discussions, or conversations relating to the subject matter herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising under this Contract, must be filed in said courts. By signing this agreement, both parties are estopped from bringing any action in alternative courts or venues. 'The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in Wayne County Circuit or Superior Court. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. If any portion of this agreement is declared unenforceable by a court or tribunal, all other portions shall remain in full force and effect. Page 5 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Richard Bodiker, .President filbert Klose, Vice President fie s, Member THE CITY OF RICHMOND, INDIANA by and through its Board of Storm Water Management By: Sue Miller, President Gilbert los , Vice President Date: APPROVED:" -emu' 1 Sarah L. Hutton, Mayor Date: Z Page 6of7 "CONTRACTOR" ROGAN EQUIPMENT, INC. By:G ` Printed name: Pc,f Y-I o sa Title R -e_� _ Date: /— q~ / Page 7 of 7 PRICE REQUEST OF . RIMMOND DEPAknCW, OF SAMTKFION 2180LMMaYAV"i M%RlCH'yf0NDjMbXNA4.73.74 P . H6NE (70013-74500AX065) 962-2669 THIS, IS NOT AN ORDER VENDOR INSTRUCTIONS. This -is a reqqest fQr a; price for the services of materials described belim, Any additional specifications may bd Rogan Hqtulynient, Inc.. attacbed-.horqfq; Tblsis..NOT an ord6e:aod th6: City reserves 4737N'4idnal Road West the rid hfto-a wept all or.part, ordeciine,'thff.,enfire propo;sal' Pla0e- complete- your full name and phi)be: riumber below Rictunond, IN 47374 with zignaturei, itemize all prices and thargos; -where rAeqaest'vd�,'aqd,a1tac'h any explanation fien for any substitution to spedifications'alWed. Return in a sealed. arf-vellope, Inzare of Albl'inidj! d-$a0itafry. District Soard.of qomffilidlorkersjo the 'administration building at the address above. by the specified date and lime to -be -considered. DATE: REPLY MUST BE IN BY: PAYMENT TgRMS. Dr=LIVERY REQUIRED: September A, 2012 tO:00 Am:. -on October 8, 201-2 UPON RECEIPT OF INVOICE DELIVERED F DESCRIPTION This'. is a requesUbf,quotds for d-lei 14*W*Wnd Skid Steer and d trdde4h of a 1,997 -New Holland% -Skid S teer — Wdel LT-.665. Please see. attaci i . e a spoxi . ficAtions. PI . ease iticlude'AllWalTanty informAtion7 with quote. Indiatia Lacal P rojerenoe dahns will this quote, ffift-Matibn enclosed. Return thequote hi,a: seAled envelope ,.qddresse ' w Riefinjoild Snaltary-District -7 Dnin Johnson D Richr0664"IN 47374 iei, Add mi-ahifak and Skid -Steer N'thal Oubfe`�I! 6'.M VqyQf tems, an cking up trade-in) price to incl d i. d-pi Tlade In Awoutit Final'Quoted -, Price Minus Trade: In A, llotipent e. Inc on w i Pleb.� lade`thl��.§14661,aftd k4y W, ti with 6 6'. i q I t,-. Questions . .please call J& Wnioeller- at. 7654.817464, EXHIBIT - �L PAGE. Product {quotation Quotation Number: 17163DOi7165 Date: 2012-10-08 12:53.40 Ship to Bobcat Dealer Bill To Department of Sanitation Rogan Equipment, Inc., Richmond, Department of Sanitation Attn: Denise Johnson IN Attn: Denise Johnson 2380 Liberty Ave 4737 National Road West 2380 Liberty Ave Richmond, IN 47374 Richmond IN 47374 Richmond, IN 47374 Phone: (765) 983-7450 Phone: 765-966-9801 Phone: (765) 983-7450 Pax: (765) 962-2669 Fax: 765-966-3933 Fax: (765) 962-2669 Contact. Pat Rogan Phone: 765-966-9801 Fax: 765-966-9801 Cellular: 765-277-9013 E Mail: Progan1614@aol.com.. Description T770 Bobcat Compact Track Loader (iT4) 92 HP Turbo Interim Tier 4 Diesel Engine Air Intake Heater - Automatically Activated Auxiliary Hydraulics: Variable Flow Backup Alarnn Bab-Tach Bobcat Interlock Control System (BICS) Controls: Bobcat Standard Engine/Hydraulic Systems Shutdown Born Instrumentation: Engine Temp &amp; Fuel Gauges, Hourmeter, RPM and Waming Lights Selectable Joystick Controls (SJC) A91 Option Package Cab Enclosure with ]-feat and AC High Flow Hydraulics Sound Reduction Hydraulic Bucket Positioning Power Bob-Tach Deluxe Instrument Panel Keyless Staid Air Ride Seat Roller Suspension Carriage Radio Bolt -On Cutting Edge, 841" 84" CA Heavy Ditty Bucket Description Counterweight Kit, 400 lbs. Four -Way Flasher / Turn Signal Kit Rotating Beacon Kit Bobcat Loader Operator Training Kit Bobcat Loader Service Training Kit Part No Qty Price Ea. Total M0185 1 $68,713.00 $68,713.00 LM Arm Support Lift Path: Vertical Lights, Front &,amp; Rear Operator Cab Includes: Adjustable Suspension Seat, Top &anip; Rear Windows, Seat Bar, Seat Belt Rolf Over Protective Structure (BOPS) meets SAE-J 1040 &amp; ISO 3471 Falling Object Protective Structure (FOPS) meets SAE- J 1043 &amp; ISO 3449, Level I; (Level 11 is available through Bobcat Parts) Parking Brake: Spring Applied, Pressure Released (SAPR) Tracks: Rubber, 17.7" wide Warranty: 12 Months, Unlimited Hours nfot8s-Brit-cat 1 $2,750.00 $2,750.00 �.iols�-rot-A9t l $9,599.00 S9,599.00 Engine Block fleater Attachment Control Kit Cab Accessories Package Two Speed Travel 3-Point Seat Belt ��ot8s-tt©s ct2 1 $299.00 $299.00 1%401195-M-004 1 $1,590.00 $1,590.00 A40185-RM-Co2 1 $397.00 $397.00 7125924 1 $238.86 $238.86 71259I7 1 S1,593.00 $1,593.00 Total for this h4achittc S85,179.86 Part No Qty Price Ea. Total 7129252 1 $645.92 $645.92 7128338 1 $163.82 $163.82 7129299 1 $206.07 S206.07 6901726 1 $148.55 $148.55 6900641 1 S148.55 $148.55 Total for these items $1,312.91 EXHIBIT _J_ PAGE JQF Total of Items Quoted Dealer P.D.I. Freight Charges Dealer Assembly Charges Quote Total - US dollars Notes: $86,492.77 $300.00 5712.G0 5182.00 S87,687.37 All prices subject to change without prior notice or obligation. `[*his price quote supersedes all preceding price quotes. Customer must exercise his purchase option within 30 days from quote elate. Customer Acceptance: Ptu'chase Order. Authorized Signature: Print: Sign: Date: r i S�j .� 0yl So 14 on Tu-4- . �a v I, g-& g, S-o Ci Tt` U�]�LrGGt p to V�'Qjj 'VO I4 5g'r r)v;'JC-) -�o 4,� Qu (Az 4 110) �LVO , G-7 EXHIBIT PAGE �4P3— WARRANTY WARRANTY Bobcat Loaders Bobcat Company warrants to its authorized dealers and authorized dealers of Bobcat Equipment Ltd., who In turn warrant to the owner, that each new Bobcat loader will be free from proven defects In material and workmanship with respect to (1) all components of the product except as otherwise specified herein for twelve (12) months, (ii) the drive belt from the hydrostatic pump to the engine, for thirty six (36) months, pro- vided that after the Initial twelve month warranty period, such warranty shall be limited to parts only and does not Include labor, (111) tracks and Bobcat brand tires, for twelve (12) months on a prorated basis based on the remaining depth of the track or tire at the time any defect Is discovered, and (iv) Bobcat brand batter- les, for an additional twelve (12) months after the Initial twelve month warranty period, provided that Bobcat Company shall only reimburse a fixed portion of the cost of replacing the battery during such additional twelve months. The foregoing time periods shall all commence after delivery by the authorized Bobcat dealer to the original buyer. During the warranty period, the authorized Bobcat dealer shall repair or replace, at Bobcat Company's option, without charge for parts and labor, any part of the Bobcat product except as otherwise specified herein which falls because of defects In material or workmanship. The owner shall provide the authorized Bobcat dealer with prompt written notice of the defect and allow reasonable time for repair or replacement. Bobcat Company may, at Its option, require failed parts to be returned to the factory. Travel time of mechan- ics and transportation of the Bobcat product to the authorized Bobcat dealer for warranty work are the responsibility of the owner. The remedies provided in this warranty are exclusive. This warranty does not apply to diesel engine fuel Injection pumps and Injectors or tires (except Bobcat brand tires). The owner shall rely solely on the warranty, if any, of the respective manufacturers thereof. This warranty does not cover replacement of scheduled service Items such as oil, filters, tune-up parts, and other high -wear Items. This warranty does not cover damages resulting from abuse, accidents, alterations, use of the Bobcat product with any accessory or attachment not approved by Bobcat Company, air flow obstruc- tions, or failure to maintain or use the Bobcat product according to the Instructions applicable to it. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXCEPT THE WARRANTY OF TITLE. BOBCAT COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OR INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOSS OF MACHINE USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BOBCAT COMPANY AND THE AUTHORIZED BOBCAT DEALERS WITH RESPECT TO THE PRODUCT AND SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED. Bobcat-;, 6570162 (2,09) Printed in U.S-A. 221 S590 Operation & Maintenance Manual 223 of 226 a) .s EJ(H1BIT� PAGE �OF� WARRANTY (CONT'D) In this emissions limited warranty, the term Manufacturer' means Kubota Corporation as the holder of the U.S Environmental Protection Agency l'U.S. EPA) Certificate of Conformily and California Executive Order for the vehicle. The emission control limited warranty Is !n addilton to the standard limited warranty for your vehicle. Your Bobcat dealer is authorized to perform all warmnly and service repairs on your diesel engine. To locate a Bobcat dealer, visit wKw.bo&xatcom orcall f-800-743-4340. KUBOTA Corporation FEDERAL & CALIFORNIA EMISSION CONTROL SYSTEMS LIMITED WARRANTY for NON -ROAD ENGINES (CI) The U.S. Environmental Protection Agency (EPA), the California Air Resources Board (CAnq), and KUBOTA Corporation are pleased to explain the Federal and California Emission Control System Wananiy on your non -road engine. In California, now heavy duty off -road engines must be desi nod, built and equlppod to meet CaGforn 's stdngont antismog standards adopted by the Air Resources Board pursuant to its authority in Chapter I and 2. Part 5, Division 26 of the Caldornis Health and Safety Coda. In other states of the maw non•road engines subject to the proV151ons of AO CPR 1039 subpart A muss be designed, built and equipped, at the lima o{ sale, to me.1the U.S. EPA regulations for nonroatl engines. KUBQTA must wan the emission contra] system an your Camprasston i¢nlllan enggine for the period of time listed below provided there has been no abuse, vandalism, neglect, improper m.let._ ice or unappr_ed modifrcations to year engine. This amissionwarranly Is applicable in all states of the U.S.A.. its provinces and territories to ardlessoi whetiter an individual slate, pprovlrtca, or farritory tray enacted warranty provisions that differ from the Federal warranty provisions. This emission warranty is also applM bl.In aft provinces and lerdto 1" of GANAOA. Your omisslonconttel system may include parts such as the fuel infection system and the err induction system. Also included may be hoses, bolts. connectors and other Where awarranr<ibtecarrditlon exists, KUBOTA will repair your engine at no cost to yotr, Including diagnosis {it the diagnostic work is performed at an authorized dealer), arts and labor. MlSS[ON DESIGN AND DEFECT WARRANTY COVERAGE The emfsslons warranty period for the engine begins on the original dale of Salo to the inii it purchaser and continues for each subsequent purchaser for the period mentioned below. j The emissions warranty period tot all engines rated under 19kW (25Hp is 20W hours of operation or two (2) years of use, whichever first occurs. The emissions warranty period for constant speed engines rated ande r MW (50Hp) with rated speeds groveller than or equal to 3000 rpm is 2000 hours of operation or two (2) years of use, whichever first occurs. The emisslons warranty period tot all other engines not already listed Is 3000 hours of operation ar five 5 years of use, whichever first occurs. It ani emission related part on your engine Is defective, the part will be reported or replaced by KUBOTI free of charge. OWNER S WARRANTY RESPONWBILITIES (a) AS the engine owner, ggnu are responslbla tot the ppdomtance of Ilia required maintonance fisted in your KUBOTA operator's manual. KUBOTA recommadds That you rotate all receipts covering maintenance on your Ong n�, bud KUBOFA cannot deny a warranty clalm solely for The lack of receipts or for your failure to ensure the periom>ance of all scheduled ma4ttenartce. {o) As tite ertgineownar, you should tie aware, however, that KUBOTq ntay denyyour warranty coverage it your engine or o part has faUed dueto abuse, vandaksm, nagfoct, improper maintcranca at unapproved modifications. (c) Your engine is designed to oppeerate on UI[ra low Sui(ur Diesel foot only_ Use of anyolher fuel may result in your engine no longer operating in compGente with Federal ar Califamia s omisstarts raquiremsnis. (d) Yau are responsbla for prosanting your on ino to rho nearest dealer or service station authorized by KUBOTA when a problem exists, The warranty repairs ( should be eamplebed to a reasonable amounn of Limo, not to exceed 3Q days. (KKo) if ou have an qquestions rMeRICA o rdingg our warrstnty tightsrylGa ppaaand responsible tses or the location of the neatest ggauthorized dealer or distributor, you should contact; Nationalery cTA e Department at 1 W-558.2682, KubotaEmisslonsWafranlyOkbo e� m Orr KUBOTA ANADA LTD att(9051309T4-7TRAGTOfi CORPORATION, COVERAGE KUBOTA warrants to the initial purchaser and each subsequent purchaser that your engine will be designed. built and equipped, at the time of sale, to meet all wkmaoshipwhich regulations.KUBOTA thg ne to fad to to conformlto applicable regulationSubsequent forthe period dent purchaser above from eta shall nal date of Salaacts In materials and KUDOTAshallremedywarrantydefectsatanyauthorizedKUBOTAengine dealororwarranty station.Anyauthorizedworkdoneatanauthorizeddealerorwarranty station shall be tree of charge to the owner it such work dotamtlnes that a warranted part Is defecive. Any KUBOTA approved or equivalent replacement part (inducing any KUBOTA approved aliermarkat pan) may Ile used for any warranty maintenance or repairs on emission related parts, and must be provided free of charrgge to the owner It the part is still under warranty. KUBOT0 is (table for damages to other angina components caused by the failure of a warranted pad sell under warranty. The use of replacement parts not oquivaleni to the on'ginaf arts may lmpak the otfecthranoss of your onginearn issfon conirat system. If such a reptacemant pad is used In the repairor maintenance of your engine, aM Kt111 TA determines it is detective or causes a failure of a warranted part, your claim for repair of your ang!ne may bo dented. Listed below ara the parts covered by the Federal and California Emission Control Systems Warranty. Some pads listed below may requlrs schaduled faafntenanca and are warranted up to the lust scheduled replacement point for that part. The warranted parts ara (il epplieabto): 1) Air -Induction System 4) Electronic Control System 6) Particulate Controls a) Intake Manifold a) ECU a) Any device used to capture particulate b) Turbocharger System b) Engine Speed l Timing Sensor omissions. c) Chwgo Air Coonng System (lntercmlel) c) Accelerator Position Sensor b) Any device used in the reganerallon of the 2) Catalyst or Tharmal Reactor System d) Coolant Temporalure Sensor particulate control device. a) Catalytic converter a) Atmospheric Pressure Sensor c) Control Device Enclosures and Manifolding b) Exhaust manifold Q Intake Pressure Sensor d) Dlosot Particulate Rltof Temperaturo Sensor 3) Fuel Injection, System g) intake Manifold Temperature Sensor o) Differential Pressure Sensor a) Fuel Supply Pump h) intake Air Flow Sensor 7) Miscellaneous Items b) Injector 11 Common Rail Pressure Sensor a) Closed Breather System c) Infection Pipe 5) Exhaust Gas Recirculation System b) Hoses', Clamps', Fillings, Tubing' d) Gammon Rol a) EGR Valve o) Gaskets. Saabs e) Smoke Puff Umiler b) EGR Coder d) Kubota supplied engine Wiring Harnesses Speed Timor c) EGR Valve Opening Rate Sensor o) Kubota supplied engine Elac. Connoctors g} Cold Advance Timer Q Alf Cleaner Element', Fuel Filler Element' It) Injection Pump g) Emission Control Information Labels "Warranty period is equivalent to manufacturer's recommended first replacement Interval as stated In the applicable modei's apetatoes manual endfor service (workshop) manual. MAINTENANCE REQUIREMENTS The owner is rosponsiblo rot the performance of the required maintenance as dof and by KUBOTA in the operator's manual. LIMITATIONS This Emission Control System Warranty shall not cover arty of the following; (a) Repair or replacement required because of misuse or neglect. improper maintenance, repairs Improperly performed or replacements not conforming to KUBOTA specMeatians that adversely affect performance andlor durability, and alteration or modifications not recommended or approved In writing by KUBOTA. (b) Replacement of parts and other serOcas and adjustments nocossary for required maintenancs at and after the first scheduled reptaeoraen! point. 1 6000$54 (10.11) 7TP-1. nnlutiall Printed in U.S.A. A 222 S59D Operation & Maintenance Manua( 224 of 226 (13 t4 4) O O II a EXHIBITS PAGE S 4F� WARRANTY Bobcat Attachments Bobcat Company warrants to its authorized dealers and authorized dealers of Bobcat Equipment Ltd., who in turn warrant to the original owner, that each new Bobcat attachment will be free from proven defects In material and workmanship for twelve (12) months after delivery by the authorized Bobcat dealer to the original buyer. During the warranty period, the authorized Bobcat dealer shall repair or replace, at Bobcat Company's option, without charge for parts and labor, any part of the Bobcat product which fails because of defects in material or workmanship. The owner shall provide the authorized Bobcat dealer with prompt written notice of the defect and allow reasonable time for replacement or repair. Bobcat Company may, at its option, require failed parts to be returned to the factory. Travel time of mechanics and transportation of the Bobcat product to the authorized Bobcat dealer for warranty work are the responsibility of the owner. The remedies provided in this warranty are exclusive, This warranty does not cover replacement of scheduled service items and high wear items. The owner shall rely solely on the warranty, if any, of the respective manufacturers thereof. This warranty does not cover damages resulting from abuse, accidents, alterations, use of the Bobcat product as an attachment on any equipment not approved by Bobcat Company, air flow obstructions, or failure to maintain or use the Bobcat product according to the instructions applicable to It. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXCEPT THE WARRANTY OF TITLE. BOBCAT COMPANY•DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS. OR INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOSS OF MACHINE USE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, EVEN IF BOBCAT COMPANY OR THE AUTHORIZED BOBCAT DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE TOTAL LIABILITY OF BOBCAT COMPANY AND THE AUTHORIZED BOBCAT DEALERS WITH RESPECT TO THE PRODUCT AND SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT UPON WHICH SUCH LIABILITY IS BASED. 4 ilohcat. 6570124 (2-09) Printed in U.S.A_ FXH1BIT A PAGE 4. OF ' Six Shooter Package: Cuts and removes the manhole frame and surrounding road material PLUS the rebuilding of manhole chimneys. Includes the Following: (2100-1bs) Six Shooter with Plu in Teeth Choice of S eed late (Standard, California, or XL) Instructional DVD Stand Auger Drive with Extension 6 replacement teeth Debris Containment S stem Casting Lifter 4 Underslung Adapters Easy Slope tool FREE Mr. Manhole Rebuild Starter Kit (includes materials to rebuild one manhole chimney using the Mr. Manhole method) ""L -1,00 VIA- EXMIBIT_L_ PAGE 7 OF= Frequently Asked Questions.(FAQ) Q - ARE THE TOOLS WARRANTED? A - YES THE TOOLS ARE WARRANTED. MR. MANHOLE TOOL WARRANTY THE CUTTER/ EXTRACTOR (FOUR ARM AND SIX SHOOTER) COMPONENTS WILL BE WARRANTED AS FOLLOWS: THE CARRIER ASSEMBLY (FOURARM-3069HM] AND [SIX SHOOTER-3549HM] WILL BE WARRANTED TO BE FREE FROM STRUCTURAL DEFECTS FOR A PERIOD OF ONE YEAR FROM DATE OF PURCHASE. THE ARMS [STANDARD-3226HM] AND (OPTIONAL) [EXTENDED -3355HM]) WILL BE WARRANTED TO BE FREE FROM STRUCTURAL DEFECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. THE (OPTIONAL) UNDERSLUNG ADAPTERS P460HMI WILL BE WARRANTED TO BE FREE FROM STRUCTURAL DEFECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. THE BOTTOM DRIVE SHAFT MOUNTING ASSEMBLY [FOUR ARM-3473HM] AND [SIX SHOOTER-3544HM] WILL BE WARRANTED TO BE FREE FROM STRUCTURAL DEFECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. ALL OTHER COMPONENTS ARE WEAR ITEMS AND CARRY NO WARRANTY THE RINGSAW WILL BE WARRANTED AS FOLLOWS: THE STIHL MOTOR POWER HEAD [341SHM] WILL BE COVERED BY THE ORIGINAL MANUFACTURER FOR THE PERIOD SPECIFIED IN THE ORI- GINAL MANUFACTURER'S DOCUMENTATION, INCLUDED WITH THE RINGSAW DOCUMENTATION. IT WILL BE THE RESPONSIBILITY OF THE PURCHASER TO COMPLETE THE NECESSARY PAPER- WORK FOR THE MOTOR WARRANTY AND RETURN IT TO THE ORIGINAL MANUFACTURER FOR WARRANTY CLAIMS. THE RINGSAW DRIVE TUBE [3235HM] AND ITS RELATED COMPONENTS WILL BE WARRANTED TO BE FREE FROM DEFECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. THE RING ASSEMBLY [3096HM] WI LL BE WARRANTED TO BE FREE FROM DEF- ECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. THE BRIDGE FRAME P360HM] WILL BE WARRANTED TO BE FREE FROM DEFECTS FORA PERIOD OF SIX MONTHS FROM DATE OF PURCHASE. ALL OTHER COMPONENTS ARE WEAR ITEMS AND CARRY NO WARRANTY. THE MR. VALVE BLASTER UNIT [3234HM] WILL BE WARRANTED TO BE FREE FROM STRUCTURAL DEFECTS FOR A PERIOD OF SIX MONTHS FROM DATE OF PURCHASE ALL OTHER COMPONENTS ARE WEAR ITEMS AND CARRY NO WARRANTY. ALL COMPONENTS THAT ARE TO BE REPLACED UNDER WARRANTY MUST BE RETURNED TO THE MANUFACTURER IN AN UNREPAIRED STATE. IF THE COMPONENT HAS BEEN REPAIRED OR MOD- IFIED IN ANY WAY THE WARRANTY IS VOID. IT IS THE RESPONSIBILITY OF THE PURCHASER TO RETURN DEFECTIVE PARTS TO THE MANUFACTURER AT 125 SOUTH CANAL STREET, DELPHOS, OHIO 45833 THE ABOVE LIST INCLUDES ALL THE MR. MANHOLE TOOLS THATARE WARRANTED, ALL OTHER PRODUCTS CARRY NO WARRANTY. WARRANTIES ARE VALID ONLY FOR THE ORIGINAL OWNER OF THE EQUIPMENT AND ARE NON- TRANSFERABLE. WARRANTIES APPLY FROM THE DATE OF PURCHASE FROM MR. MANHOLE AND/OR AUTHORIZED DISTRIBUTORS. PRODUCT REGISTRATION MUST BE RECEIVED WITHIN 30 DAYS OF PURCHASE DATE, ACCOMPANIED BY THE ORIGINAL SALES RECEIPT 37 of 37 ` EAHIBIT 1-_�__ PAGE 6 OF