HomeMy Public PortalAbout2017.10.25 CAT Lease-Purchase Agreement & Non-Appropriation AddendumINVITATION TO BID
COMPETITIVE SEALED BIDS FOR
FY2018-2022 Heavy Equipment Lease/Purchase
ADDENDUM 1
Addendum Description: An additional Bid Alternate B has been added to the bid documents.
Bid Alternate B requests 5 year pricing for: ONE NEW AWD BACKHOE LOADER; WEIGHT
17,000#/94 NET HP W/HYDRAULIC COMPACTOR
All new bidding documents are provided and revised to include Bid Alternate B. Accordingly,
the bid documents in Addendum 1 replace all original bidding documents in their entirety. In
addition to this addendum acknowledgement form, please complete pages 1-32 enclosed herein
and submit as your bid.
Please scan and email this page back upon receipt.
Please fill in the requested information below as acknowledgment that you have received
Addendum #1 noted above.
Cris Malvich
McCall Streets Superintendent
216 E. Park Street
McCall, ID 83638
Email: cmalvich@mccall.id.us
Name of Firm: Western States Equipment Comp.
Address:
500 E Overland Rd
City, State: Meridian Idaho Zip Code: 83642
Telephone Number: 208 870 6714
Email: chadallen@wseco.com
Name (Print)
Title:
Signature:
Chad Allen
Sales Representative
INVITATION TO BID
COMPETITIVE SEALED BIDS FOR
FY2018-2022 Heavy Equipment Lease/Purchase
The City of McCall, Idaho is accepting sealed bids at the City Clerk's office, 216 E. Park Street, McCall, Idaho
83638 until 10:00 am (local time), August 30, 2017 for the following:
BASE BID
• ONE, NEW AWD LOADER/3.0-3.5 CUBIC YARD BUCKET, WEIGHT 35,600#, 186 NET HP, WITH
A 10 YARD SNOW BUCKET, AND 3' VALVE FOR SNOW GATE AND BLADE
• TWO, NEW AWD LOADERS/4.0-4.5 CUBIC YARD BUCKETS, WEIGHT 42,000#, 230 NET HP, 10
YARD SNOW BUCKETS, AND 3RD VALVE FOR SNOW GATE AND BLADE
• ONE NEW AWD MOTOR GRADER, WEIGHT 45,000#, 250 NET HP, WITH SNOW WING
• ONE NEW SKID STEER LOADER, WEIGHT 7,400#, 70 NET HP, WITH ENCLOSED CAB, COLD
PLANER
BID ALTERNATE A
• ONE NEW TRACK SKID STEER, WEIGHT 8,900#, 70 NET HP, WITH ENCLOSED CAB, CAB
HEATER, HIGH FLOW HYDRAULICS, SNOW BLOWER
INCLUDES: TRADE IN FOR A 2007 ASV SR70, PIN #G060710
BID ALTERNATE B
• ONE NEW AWD BACKHOE LOADER, WEIGHT 17,000#, 94 NET HP, WITH HYDRAULIC
COMPACTOR
That same day (8/30/17) at 10:30 AM, all received bids will be publically opened and read aloud at the American
Legion Hall, 216 E. Park Street, McCall, Idaho (downstairs from City Hall).
Complete bidding documents (instructions, forms, general and special specifications) are available via email by
contacting Sue DeVere, Administrative Assistant (sdevere@,mccall.id.us). Each bid proposal shall be submitted in
a sealed envelope which is clearly marked "FY2018-2022 Heavy Equipment Lease/Purchase"
Qualified Firms requiring additional information or clarification relative to the contents of the bid should direct all
inquiries to Cris Malvich, McCall Streets Superintendent at (208) 634-8946 or cmalvich@mccall.id.us.
The City of McCall reserves the right to reject any or all bids/proposals or any part thereof, to waive any informality
or information in the bids proposals, and to accept the bid proposal considered to be in the best interest of the City.
The City also reserves the right to conduct reasonable negotiations with low bidders and sole bidders. Failure to
submit all information may declare a bid proposal as non -responsive subject for disqualification.
Nathan Stewart, P. E.
McCall Public Works Director
Publish: August 3rd and 10th, 2017
BID PROPOSAL
In compliance with all specifications enclosed the Bidder hereby proposes to provide equipment
in strict accordance with the specifications provided.
This proposal will be for a five (5) year lease. This lease will also be subject to a Non -
Appropriations Addendum which is attached as part of the Special Bid Specifications. A
responsive bid must accept the Non -Appropriations Addendum without modification.
All machines/equipment specified shall be new and at the prices stated below;
BASE BID
NEW AWD LOADER/3.0-3.5 CUBIC YARD BUCKET, WEIGHT 35,600#, 186 NET HP,
WITH A 10 YARD SNOW BUCKET, AND 3RD VALVE FOR SNOW GATE AND
BLADE
Make: Caterpillar
Delivery Date: 10/25/17
Model: 938M Year: 2017
Unit complete as Specified: $192,265.00
Guaranteed Buy -Back (end of 5th Year): $ 140,000.00
Net Bid: $ 52,265.00
Annual Payment Due Date: 10/25/17 Amount Due: $15,918.57
**
TWO - NEW AWD LOADERS/4.0-4.5 CUBIC YARD BUCKETS, WEIGHT 42,000#, 230
NET HP, 10 YARD SNOW BUCKETS, WITH A 3RD VALVE FOR SNOW GATE,
BLADE
Make: Caterpillar
Delivery Date: 10/25/17
Model: 950M Year: 2017
Unit complete as Specified: $ 519,460.34
Guaranteed Buy -Back (end of 5th Year): $ 370,000.00
Net Bid: $ 149,460.34
Annual Payment Due Date: 10/25/17 Amount Due: $ 44,495.34
Page 1
**
NEW AWD MOTOR GRADER, WEIGHT 45,000#, 250 NET HP, WITH SNOW WING
Make: Caterpillar
Delivery Date: 10/25/17
Model: 140M3 AWD
Unit complete as Specified:
Guaranteed Buy -Back (end of 5th Year):
Net Bid:
Annual Payment
Due Date: 10/25/17
$ 299,209.49
Year: 2017
$ 200,000.00
$ 99,209.49
Amount Due: $ 27,99129
NEW AWD SKID STEER WHEEL LOADER, WEIGHT 7,400#, 70 NET HP, WITH
ENCLOSED CAB, COLD PLANER
Make: Caterpillar
Delivery Date: 10/25/17
Model: 246D
Unit complete as Specified:
Guaranteed Buy -Back (end of 5th Year):
Net Bid:
Annual Payment Due Date: 10/25/17
BASE BID - 5 YEAR PAYMENT SCHEDULE
Total 1st Year Payment
Total 2nd Year Payment
Total 3rd Year Payment
Total 4th Year Payment
Total 5th Year Payment
$ 74,039.84
Year: 2017
$ 40,000.00
$ 34,039.84
Amount Due: $ 8,636.90
Due Date: 10/25/17 Amount Due: $ 97,044.10
Due Date: 10/25/18 Amount Due: $ 97,044.10
Due Date: 10/25/19 Amount Due: $ 97,044.10
Due Date: 10/25/20 Amount Due: $ 97,044.10
Due Date: 10/25/21
Page 2
Amount Due: $ 97,044.10
BID ALTERNATE A
NEW TRACK SKID STEER, WEIGHT 8,900#, 70 NET HP, WITH ENCLOSED CAB,
CAB HEATER, HIGH FLOW HYDRAULICS, SNOW BLOWER
Make: Caterpillar Model: 259D
Delivery Date: 10/25/17
Unit complete as Specified: $ 71,961.85
Trade Value on: 2007 ASV SR 70
PIN # G060710
Guaranteed Buy -Back (end of 5th Year):
Net Bid:
Annual Payment Due Date: I0/25/17
$ 13,000.00
Year: 2017
$ 33,000.00
$ 25,961.85
Amount Due: $ 6,671.56
BID ALTERNATE A - 5 YEAR PAYMENT SCHEDULE
Total 1st Year Payment
Total 2" Year Payment
Total 3`d Year Payment
Tota14`h Year Payment
Total 5th Year Payment
Due Date: 10/25/17 Amount Due: $ 6,671.56
Due Date: 10/25/18 Amount Due: $ 6,671.56
Due Date: 10/25/19 Amount Due: $ 6,671.56
Due Date: 10/25/20 Amount Due: $ 6,671.56
Due Date: 10/25/21 Amount Due: $ 6,671.56
Page 3
BID ALTERNATE B
NEW AWD BACKHOE/LOADER AWD, WEIGHT 17,000#, 94 NET HP, WITH
HYDRAULIC COMPACTOR
Make: Caterpillar
Delivery Date: 10/25/17
Model: 420F2 IT
Unit complete as Specified:
Guaranteed Buy -Back (end of 5 h Year):
Net Bid:
Annual Payment Due Date: 10/25/17
$ 119,933.19
Year: 2017
$ 75,000.00
$ 44,933.19
Amount Due: $ 12,151.56
BID ALTERNATE A - 5 YEAR PAYMENT SCHEDULE
Total 1 sr Year Payment
Total 2nd Year Payment
Total 31-d Year Payment
Total 4t Year Payment
Total 5th Year Payment
Due Date: 10/25/17 Amount Due: $ 12,151.56
Due Date: 10/25/18 Amount Due: $ 12,151.56
Due Date: 10/25/19 Amount Due: $12,151.56
Due Date: 10/25/20 Amount Due: $ 12,151.56
Due Date: 10/25/21 Amount Due: $ 12,151.56
Page 4
Western States Equipment Company
• Proposal Submitted by (Business Name)
Sales Representative
• Title of person authorized to sign proposals
Chad Allen
• Name of person authorized to sign proposals (printed)
8/29/ 17
ature of person authorized to sign proposals Date
• Business Phone 208 884 2225 Business Fax 208 884 2314
• Business Address 50 E Overland Rd Meridian, Idaho 83642
• Taxpayer Identification Number 82-0403542
• Date 8/29/17
** Guaranteed Buy Back shall require vendor to purchase the machine in order to be in
full compliance with the Bid specifications. The City of McCall can at its option elect to
cancel the contract or purchase the machine annually, per State Code. A guaranteed buy
back is considered a requirement of the bid proposal. Therefore a Trade-in Value at the
end of the term is not acceptable and will be considered as a non -responsive bid proposal.
INDEMNIFICATION AGREEMENT
The successful vendor agrees to indemnify, investigate, protect, defend and save harmless the
City of McCall, it's officials, officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other
person, firm or corporation furnishing or supplying work, services, materials, equipment or
supplies in connection with the performance of this contract and from any and all claims and
losses accruing or resulting to any person, firm or corporation which may be injured or damaged
by the vendor in the performance of this contract. In any case, the forgoing provisions
concerning indemnification shall not be construed to indemnify the City of McCall for damage
arising out of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of the Town or its employees. This indemnification shall survive the expiration or
early termination of this contract.
Page 5
EQUIPMENT SPECIFICATIONS
Please mark (yes/no) for the various specifications for each piece of equipment below.
BASE BID - NEW AWD 3 CY WHEEL LOADER SPECIFICATIONS
***Wheel Loader shall be new and have less than 150 machine hours
BASIC SPECIFICATIONS
Y x N
Y x N
Y X N
Engine rated net power shall be at least 186 hp
Machine shall have a standard 110 amp alternator and optional 150 amp Heavy Duty brushless and
filtered alternator
Machine shall have a standard backup alarm
Y x N Machine min operating weight of 35,600 lb
Y X N Machine shall have a standard master battery disconnect switch
Y x N Machine shall have optional cold start package which adds 2 additional 950 CCA batteries for cold
weather starting
An engine coolant heater shall be required to assist in cold weather starting
Y x N
POWER TRAIN/TRANSMISSION
Y x N Machine shall have ground accessible ports to sample engine and transmission oil
Y x N Machine shall have transmission oil sight gauge and fill spout on the same side of the machine
STEERING
Y x N High impact rubber steering stops shall be standard
Y X N
BRAKES
Y X N
Y X N
Steering console shall have a tilt adjustment
Service brake shall feature completely closed and sealed standard outboard oil -immersed disc
brakes on front and rear axles that are adjustment free
Audible alarm and Indicator light shall alert operator if brake pressure drops below normal
operating parameters
Y x N Machine shall have a parking brake
HYDRAULIC SYSTEM
Y x N
Machine shall have optional 3rd and 4th function hydraulics available for use with work tools that
require hydraulic power
Page 6
Y X N Machine shall feature an operator selected electric safety valve to disable implement functions
Y X N Bucket lift circuit shall have four positions: raise, hold, lower and float
Y X N Tilt circuit shall have three positions: tilt back, hold and dump
A Ride Control system shall be available for smooth operation in rough road conditions. Ride
Y X N Controi system shall incorporate multiple accumulators for maximum performance at multiple load
levels.
AXLES
Y X N
Y X N
Y X N
Limited Slip Differential shall be required on rear axle
Seals on the axle and housing shall keep oil in and lock contaminants out to prevent contamination
of intemal components
Axle shall have fully -enclosed brakes and final drives
Y X N Machine shall have axle seal guards standard
WHEELS
Y X N Standard Bridgestone Radial 20.5R25 VJT L3 tires or equivalent
OPERATORS STATION
Y X N
Y X N
Y X N
Y X N
Rear Hinged door shall lock open 180 degrees with the capability to open and close door from the
operators seat
Personal storage areas shall include places to store a lunch box, thermos, cup, coat rack and a
lockable storage area
Standard seat shall include cloth with fully adjustable fore/aft position, seat back angle, bottom
cushion height, armrest angle and suspension stiffness
Air suspension seat options shall be available with more deluxe options
Y X N Seat shall include a 3" (75 mm) wide retractable seat belt
Y X N
Y X N
Front and rear wipers with washers shall be standard
An enclosed cab with ROPS (Rollover Protective Structure)
Y X N Machine cab shall meet ROPS and FOPS criteria as well as regulations for sound exposure
Glass panels shall extend from cab roof to floor allowing visibility to ground on the front
windshield
Machine shall have gauges including hydraulic, engine and transmission temperatures as well as
fuel level
Warning/indicator and diagnostic functions shall include: Primary steering malfunction, electrical
system voltage low, coolant temperature, engine oil pressure low, parking brake applied, brake
charge pressure low, transmission oil temperature, transmission oil filter bypass, and hydraulic oil
filter bypass
Machine shall have a standard toolbox when not configured with a cold start package, and an
optional tool box available when configured with cold start package
Y X N
Y X N
Y X N
Y X N
Page 7
Y X N
LOADER LINKAGE
Machine shall have an optional factory installed rear camera system with rear camera fully
protected from rear impact damage, and a secondary color LCD screen in the cab with capabilities
of enhanced diagnostics, fine machine control adjustments, and detailed system parameters for
machine and engine including fuel consumption
Y X N Electronic "quick coupler" shall be required
WORK TOOL OPTIONS
Y X N
Y X N
Y X N
SERVICEABILITY
Y X N
Y X N
Y X N
10 cy snow bucket. See attached specifications
Standard dirt bucket shall be at least 3 cy with cutting edges
All parts necessary (Quick attach blanks) to attach loader quick coupler to existing City of McCall
implements (snow gates and snow blower) are included.
Radiator coolant and transmission and hydraulic oil levels shall have sight gauges
Scheduled oil sampling ports shall be factory installed for improved access to engine, transmission
and hydraulic oils
Hydraulic site gauge shall be visible from ground with operator station door open or closed.
Page 8
BASE BID - NEW AWD 4 CY WHEEL LOADER SPECIFICATIONS
***Wheel Loader shall be new and have less than 150 machine hours
BASIC SPECIFICATIONS
Y x N Engine rated net power shall be at least 230 hp
Y x N Machine shall have a standard 110 amp alternator and optional 150 amp Heavy Duty
brushless and filtered alternator
Y x N Machine shall have a standard backup alarm
Y x N Machine min operating weight of 42,000 lbs.
Y x N Machine shall have a standard master battery disconnect switch
Y x N Machine shall have optional cold start package which adds 2 additional 950 CCA batteries
for cold weather starting
Y x N
An engine coolant heater shall be required to assist in cold weather starting
POWER TRAIN/TRANSMISSION
Y x N Machine shall have ground accessible ports to sample engine and transmission oil
Y x N Machine shall have transmission oil sight gauge and fill spout on the same side of the
machine
STEERING
Y x N High impact rubber steering stops shall be standard
Y x N Steering console shall have a tilt adjustment
BRAKES
Y x N
Service brake shall feature completely closed and sealed standard outboard oil -immersed
disc brakes on front and rear axles that are adjustment free
Y x N Audible alarm and Indicator light shall alert operator if brake pressure drops below normal
operating parameters
Y x N Machine shall have a parking brake
HYDRAULIC SYSTEM
Y x N
Y x N
Y x N
Machine shall have optional 3rd and 4th function hydraulics available for use with work
tools that require hydraulic power
Machine shall feature an operator selected electric safety valve to disable implement
functions
Bucket lift circuit shall have four positions: raise, hold, lower and float
Page 9
Y x N
Y x N
AXLES
Y x N
Y x N
Y x N
Y x N
WHEELS
Y x N
OPERATORS STATION
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Tilt circuit shall have three positions: tilt back, hold and dump
A Ride Control system shall be available for smooth operation in rough road conditions.
Ride Control system shall incorporate multiple accumulators for maximum performance at
multiple load levels
Limited Slip Differentials shall be required on front axle
Seals on the axle and housing shall keep oil in and lock contaminants out to prevent
contamination of internal components
Axle shall have fully -enclosed brakes and final drives
Machine shall have axle seal guards standard
Standard Michelin Radial XHA2 tires or equivalent
Rear Hinged door shall lock open 180 degrees with the capability to open and close door
from the operators seat
Personal storage areas shall include places to store a lunch box, thermos, cup, coat rack
and a lockable storage area.
Standard seat shall include cloth with fully adjustable fore/aft position, seat back angle,
bottom cushion height, armrest angle and suspension stiffness
Air suspension seat options shall be available with more deluxe options
Seat shall include a 3" (75 mm) wide retractable seat belt
Front and rear wipers with washers shall be standard
An enclosed cab with ROPS (Rollover Protective Structure)
Machine cab shall meet ROPS and FOPS criteria as well as regulations for sound exposure
Glass panels shall extend from cab roof to floor allowing visibility to ground on the front
windshield
Machine shall have gauges including hydraulic, engine and transmission temperatures as
well as fuel level
Warning/indicator and diagnostic functions shall include: Primary steering malfunction,
electrical system voltage low, coolant temperature, engine oil pressure low, parking brake
applied, brake charge pressure low, transmission oil temperature, transmission oil filter
bypass, and hydraulic oil filter bypass
Machine shall have a standard toolbox when not configured with a cold start package, and
an optional tool box available when configured with cold start package
Machine shall have an optional factory installed rear camera system with rear camera fully
protected from rear impact damage, and a secondary color LCD screen in the cab with
capabilities of enhanced diagnostics, fine machine control adjustments, and detailed
system parameters for machine and engine including fuel consumption
Page 10
LOADER LINKAGE
Y X N
WORK TOOL OPTIONS
Y X N
Y X N
Y X N
SERVICEABILITY
Y X N
Y X N
Y X N
Electronic "quick coupler" shall be required
10 cy snow bucket. See attached specifications
Standard dirt bucket shall be at least 4 cy with cutting edges
All parts necessary (Quick attach blanks) to attach loader quick coupler to existing City of
McCall implements (snow gates and snow blower) are included.
Radiator coolant and transmission and hydraulic oil levels shall have sight gauges
Scheduled oil sampling ports shall be factory installed for improved access to engine, transmission
and hydraulic oils
Hydraulic site gauge shall be visible from ground with operator station door open or closed.
Page 11
BASE BID - NEW AWD MOTOR GRADER SPECIFICATIONS
***Motor Grader shall be new and have less than 150 machine hours
BASIC SPECIFICATIONS
Y X N
Y X N
Y X N
Y X N
Y X N
ENGINE
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Motor grader
Machine shall be designed and built by the manufacturer
Base machine operating weight shall be no less than 45,000 lbs.
A standard rear hitch shall be provided
Machine shall have vandal protection standard including locks for cab doors, engine side shields
(4), top tank radiator access door, engine coolant surge tank, hydraulic reservoir cap, fuel tank cap
and tool box
Engine shall be designed and built by the manufacturer
An engine coolant heater shall be available to assist in cold weather starting
Engine compartment doors shall be lockable without the use of external locks
Engine shall allow for at least 500 hours of operation between oil changes
Engine will have a minimum of 250 net hp
Engine shall be EPA tier 4 interim or equivalent
Cold weather starting aid will be standard
An engine coolant heater shall be required to assist in cold weather starting
POWERTRAIN/TRANSMISSION
Y X N
Y X N
Y X N
BRAKES
Y X N
Transmission shall be designed and built by the machine manufacturer
An auto shift transmission option shall be required
Automatic mode for differential lock/unlock shall be available
Machine shall have primary and secondary service brakes
Page 12
Y x N
Y x N
Entire braking system shall meet all requirements of ISO 3450: 1996
Machine shall be equipped with a parking brake system
HYDRAULIC SYSTEM
Y x N
TIRES AND RIMS
Y x N
A sight gauge will be provided for checking hydraulic reservoir fluid
Michelin Radial 14.00R24 XSNOPLUS tire or equivalent
ALL WHEEL DRIVE SYSTEM
Y x N
All wheel drive system will be usable in all forward and reverse gears
OPERATORS STATION
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Machine will come with cab heater and ac system with temperature control
A rear defroster fan shall be required
A rear sun shade shall be required
An air suspension seat shall be required
An enclosed cab with ROPS (Rollover Protective Structure) according to ISO 3471: 1986-1997
shall be provided
An instrument cluster shall be provided that includes a speedometer, tachometer, coolant
temperature, fuel and articulation angle gauge
Cab doors shall have a hold -open clasp with a ground -level release in addition to a release in the
cab
Digital machine hour meter shall be provided
FOPS (Falling Object Protective Structure) shall be provided according to ISO 3449
Left and right side cab doors shall be standard
Machine shall have a grading system fully integrated into the machine design with integrated
hydraulic and electrical components as standard
Operator cab fresh air -filter shall be accessible for clean out and replacement, from outside of the
cab at ground level
Radio ready arrangement including 24V to 12V converter, two speakers, antenna and wiring shall
be standard
Seat shall be a cloth -covered suspension seat with 3 in (76 min) retractable seat belts, with
adjustments for fore -aft position, seat height, seat back angle, thigh support, and lumbar support
The forward visibility shall be continuous and unobstructed glass from roofline to floor providing
visibility of the blade, heel and toe, back of the cutting edge, and front tires.
Page 13
Wipers on front and rear windows
Access to cab shall be three anti-skid steps
Cab shall have cup holder, personal cooler holder/storage compartment for operator's manual, with
a molded floor mat
Window washer fluid bottle refill spout shall be located external of the cab
Machine shall have an optional factory installed rear camera system with rear camera fully
protected from rear impact damage, and a secondary color LCD screen in the cab with capabilities
of enhanced diagnostics, fine machine control adjustments, and detailed system parameters for
machine and engine including fuel consumption
DRAWBAR, CIRCLE & MOLDBOARD
Mold board length must be at least 14 ft.
Optional side shift anchor positions shall be available for extended reach capability, as standard
Blade lift accumulators shall be available, protecting cutting edge and other components from
damage from shock loads.
ELECTRICAL SYSTEM
Y_ x N An amber LED high-speed strobe beacon shall be required
Y X N
Y X N
Y X N
Electrical system shall have a master disconnect switch with a removable key (in addition to the
ignition switch), accessible from the ground level
Starting system shall be a 24V direct electric type
All wiring shall be arranged and located so as to facilitate regular visual inspections, not be in
contact with hot surfaces and not routed with other services lines (e.g. fuel, oil, etc.)
AUTOMATED BLADE CONTROL
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Machine shall have a factory -installed and factory -calibrated integrated cross slope grade control
system
Cross slope grade control system shall utilize standard machine monitor or display
System shall have the ability to display desired target cross slope and actual measured cross slope
simultaneously
System shall have visual indicators to inform operator of the blade position relative to the targeted
design surface
Operator interface shall provide visual indication of when the system is in automatic control or
manual guidance modes
System shall provide automatic cross slope control so the operator may manually control one end
of the blade while the other end of the blade is automatically controlled
System shall provide appropriate automatic control modes to facilitate safe operation of the
machine and the grade control system
Page 14
Y x N
Y x N
System shall have the ability for the operator to override the automatic control system with manual
adjustments
System shall provide operator interface to make cross slope control adjustments
Y x N System shall have remote switches located near the motor grader controls to provide an operator
selectable interface to control cross slope between left and right lift cylinders
Y x N System shall provide the ability to control cross slope up to 100 percent
Y x N System shall have "hardened" components to withstand the shock and vibration of construction
operations
Y x N System shall have the ability to store calibration information
Y x N System shall have the ability to adjust valve speed
Y x N
Y x N
System shall have cross coupling feature which automatically adjusts the auto side the moldboard
to maintain consistent cross slope when the operator makes elevation changes or adjustments to the
opposite or manual side of the moldboard
Display shall be capable of showing cross slope as a percentage, ratio or in degrees
Y x N System shall have operator selectable switches near the motor grader controls to select between
automatic control and manual guidance modes
Y x N System shall have operator selectable switches located near the motor grader controls to provide
the ability to select and adjust slopes of the desired grade
Y x N System shall have operator selectable switches located near motor grader controls to toggle
between left and right cross slope angles
Y x N System shall provide warning and diagnostic information to alert the operator
Y x N System shall have the ability to restore factory default settings
SERVICEABILITY
Y x N A guard shall be available to protect the machine's transmission from debris
Y x N Access to engine will be open from both sides with hinged engine side shields and full access
service doors
Y x N Left and right side tandem case assemblies shall be covered with punched steel plate to provide an
adequate platform for standing and walking
Y x N The articulation joint shall have mechanical locking device to prevent frame articulation while
servicing or transporting machine
Y x N Transmission filter restriction indicator shall be displayed in the cab
Y x N Ground level fueling shall be standard
Y x N Hydraulic tank site gauge shall be readable from the ground
SAFETY AND ENVIRONMENTAL
Y x N A guard shall be available to protect the machine's transmission from debris
Y x N
An extemal emergency kill switch shall be available for ground level engine shut down
Page 15
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Blade lift accumulators shall be required, to reduce vertical impact damage
Drop down rear lights (stop/turn signal lights) shall be available to span the profile of the machine
for increased safety
Electrical system shall have a master disconnect switch with a removable key and lock (in addition
to the ignition switch)
Hydraulic implement lockout shall be achieved by actuating a single electrical switch within the
operator station
Machine shall have back-up lights and sounding alarm as standard when reverse gears are selected
Machine shall have laminated glass for the front windows and doors, to protect the operator from
shattered glass
Machine shall provide 3 points of contact on all areas of the machine, for mounting and
dismounting
Machine shall provide dual exits allowing for emergency egress should one side become
obstructed
Two outside mounted heated mirrors shall be required
Environmentally friendly drain valves shall be provided for the hydraulic oil, engine oil, engine
coolant, transmission, differential and fuel tank
Cooling fan shall have both a shroud and rear grill for protection during service
ADDITIONAL FEATURES
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
A rear ripper/scarifier shall be available
A snow wing frame ready option shall be available
Rear ripper shall have 5 ripper shank holders and 9 scarifier shank holders
Snow wing will be included in bid
Additional valving shall be provided for snow wing or snow gate implements
Push block in the front
Page 16
BASE BID - NEW AWD SKID STEER WHEEL LOADER SPECIFICATIONS
***Skid Steer Loader shall be new and have less than 150 machine hours
BASIC SPECIFICATIONS
Y x N
Y x N
ENGINE
Y x N
Y x N
Y x N
Y x N
STEERING
Y x N
BRAKES
Net hp rating will be at least 70 hp
The machine shall have a machine operating weight of at least 74001bs.
Engine shall be Interim Tier 4/Stage IIIA compliant
Engine shall be direct fuel injected, turbocharged, liquid cooled and shall have four cylinders
Glow plugs shall be provided for improved starting in cold weather (not ether starting aid)
An engine coolant heater shall be required to assist in cold weather starting
Machine must be equipped with a selectable pattern control changer to operate in either "ISO"
Pattern or "H" Pattern
Y x N Machine shall have a spring applied, hydraulically released parking brake that shall automatically
engage when arm bar is raised, and shall be designed to hold machine static at any point on a 2 to 1
slope
HYDRAULIC SYSTEMS
The machine shall be equipped with a single, electrically operated joystick that controls the lift,
lower and tilt functions
The standard hydraulic pump flow of the machine shall be at least 21 gpm
Auxiliary controls to be operated off of the joy sticks
Hydraulic system able to operate all specified accessory equipment implements
Standard auxiliary hydraulics to power tools shall be available through quick connect hydraulic
couplings that are rigidly mounted to the loader arm
Page 17
OPERATORS STATION
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
The machine shall be equipped with deep skid -resistant, self-cleaning steps
The machine shall have no foot controls used to operate loader arm, tilt function or auxiliary
hydraulics
The machine must be equipped with an "Air Ride" Suspension Seat
The machine must have a sealed & pressurized cab
The machine shall be equipped with both a hand and a foot throttle
The machine must be equipped with selectable boom / bucket speed control, selectable drive
control as well as travel speed control
The machine shall be equipped with a single, electrically operated joystick that controls the lift,
lower and tilt functions
The machine shall have a retractable seat belt
The machine shall have heat and air conditioning
The machine shall come standard with an arm bar that when lifted, automatically engages the
machine parking brake for added operator comfort and safety
The machine shall be equipped with an enclosed cab. ROPS/FOPS protective structures rated to
at least (14,771 lbs.) 6700 kg
Cab door must be equipped with a 2 quick release handles to remove front door as well as a
quick release gas strut door assist that requires no use of tools to remove
The machine shall have audible warning alarms for engine coolant temperature, engine oil
pressure and hydraulic oil temperature
Machines equipped with a door shall be equipped with a hydraulic lockout mechanism that
prevents loader arm movement with door in open position
Machine shall be equipped with a convex, rearview mirror for superior visibility to the rear and
sides of the machine
Machine shall be equipped with a standard 12V electrical socket
Machine shall have an optional factory installed rear camera system with rear camera fully
protected from rear impact damage, and a secondary color LCD screen in the cab with
capabilities of enhanced diagnostics, fine machine control adjustments, and detailed system
parameters for machine and engine including fuel consumption
WORK TOOL OPTIONS
Y$ N Machine shall have a universal quick coupler.
Y x N
Y x N
Coupler shall have the following features: a low profile side plate designed for optimum match
to work tools and minimal material packing, opposing wedges to ensure a tight tool fit, large
contact areas to absorb loads and minimize stress, chrome plated and lubricated vertical pins for
smooth engagement and prevention of corrosion
Coupler shall have manual engagement and disengagement of work tools using two high
leverage handles
Page 18
Y x N
SERVICEABILITY
Y x N
Y x N
Y x N
Y x N
Y x N
Standard dirt bucket shall be required
Maintenance points shall be grouped in easily accessible locations
The machine shall be equipped with sight gauges on the hydraulic tank and the radiator
The machine shall be equipped with standard system pressure and fluid analysis test ports
The rear door shall open 90 degrees for easy access to both sides of the mounted engine
All filters shall be easily accessible, which makes routine service quicker and virtually spill free
ADDITIONAL EQUIPMENT
Two -speed transmission is required
Cold plainer cutting width of at least 1 S"
Cold plainer min hydraulic flow of at least 14 gpm
All cold plainer functions must be cab operable
Ride control shall be available to reduce jolting and bouncing during load and carry operations.
Page 19
BASE BID - 10 CY SNOW BUCKET SPECIFICATIONS
***All snow buckets shall be new or slightly used having no structural defects or any significate
Blemishes.
Finish Dimensions = 6'x 11'x 4'
BASIC SPECIFICATIONS
Floor One piece 11' x 5' x 1/2"
Leading Edge of II' x 1' x I" drilled to accept 3-4T3025 (3/4" x 8" x 44") reversible cutting edges/5/8" bolts
Floor
Sides & Back of 1/2" x 4' walls with the rear corners having a formed bend with a radius of 18-7/16" (see attached
Bucket drawing)
Bottom of Bucket 4 runners 1/2" x 6" x 5'
Back of Bucket Will have a 1" x 1' wide brace across the top on the inside of the bucket
Top & Bottom Will have a 1' x 11' x 1/2" plate welded at a 45° angle across the bucket for bracing
Back of Bucket
Lower Right & Will have a 6" x 1/2" bar welded at a 45° angle for bracing
Left Sides of
Bucket
Upper Right & Left Will have a 6" x 1/2" bar welded flat to side metal for bracing
Sides of Bucket
Rear of Bucket Will have (3) 3/4" x 10" x 11' flat bars welded parallel to the ground at a 90° angle to back plate to
brace back of bucket and stabilize the attachment points
Attachment Quick attach blanks to fit the loaders specified in the bid
*Note: Final design for rear of bucket and attachment points will be provided to successful bidder.
Final fabrication drawings will also be provided to the successful bidder.
i
132"
FRONT VIEW
Page 20
48"
72"
-±
132"
R18-7/18"
7 r2"
TOP VIEW
9
48"
/JA�r
_L.
SIDE VIEW
Page 21
R 18--7/18"
BID ALTERNATE A - NEW TRACK SKID STEER SPECIFICATIONS
***Track Skid Steer shall be new and have less than 150 machine hours
BASIC SPECIFICATIONS
Y x N
Y x N
Y x N
ENGINE
Y % N
Y x N
Y x N
Y % N
STEERING
The machine shall have a machine operating weight of at least 8900 lbs.
Net hp rating will be at least 70 hp
The machine shall have rubber track width of at least 15 inches.
Engine shall be Interim Tier 4/Stage IIIA compliant
Engine shall be direct fuel injected, turbocharged, liquid cooled and shall have four cylinders
Glow plugs shall be provided for improved starting in cold weather (not ether starting aid)
An engine coolant heater shall be required to assist in cold weather starting
Y % N Machine must be equipped with a selectable pattern control changer to operate in either "ISO"
Pattern or "H" Pattern
BRAKES
Y % N
Machine shall have a spring applied, hydraulically released parking brake that shall automatically
engage when arm bar is raised, and shall be designed to hold machine static at any point on a 2 to 1
slope
HYDRAULIC SYSTEMS
Y—x— N The machine shall be equipped with a single, electrically operated joystick that controls the lift,
lower and tilt functions
Y % N The hydraulic pump flow of the machine shall be a High Flow of at least 25 gpm
Auxiliary controls to be operated off of the joy sticks
Hydraulic system able to operate all specified accessory equipment implements
Standard auxiliary hydraulics to power tools shall be available through quick connect hydraulic
couplings that are rigidly mounted to the loader arm
Page 22
OPERATORS STATION
Y x N The machine shall be equipped with deep skid -resistant, self-cleaning steps
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
Y x N
The machine shall have no foot controls used to operate loader arm, tilt function or auxiliary
hydraulics
The machine must be equipped with an "Air Ride" Suspension Seat
The machine must have a sealed & pressurized cab
The machine shall be equipped with both a hand and a foot throttle
The machine must be equipped with selectable boom / bucket speed control, selectable drive
control as well as travel speed control
The machine shall be equipped with a single, electrically operated joystick that controls the lift,
lower and tilt functions
The machine shall have a retractable seat belt
The machine shall have heat and air conditioning
The machine shall come standard with an arm bar that when lifted, automatically engages the
machine parking brake for added operator comfort and safety
The machine shall be equipped with enclosed BOPS/FOPS protective structures rated to at least
(14,771 lb) 6700 kg
Cab door must be equipped with a 2 quick release handles to remove front door as well as a quick
release gas strut door assist that requires no use of tools to remove
The machine shall have audible warning alarms for engine coolant temperature, engine oil pressure
and hydraulic oil temperature
Machines equipped with a door shall be equipped with a hydraulic lockout mechanism that
prevents loader arm movement with door in open position
Machine shall be equipped with a convex, rearview mirror for superior visibility to the rear and
sides of the machine
Machine shall be equipped with a standard 12V electrical socket
Machine shall have an optional factory installed rear camera system with rear camera fully
protected from rear impact damage, and a secondary color LCD screen in the cab with capabilities
of enhanced diagnostics, fine machine control adjustments, and detailed system parameters for
machine and engine including fuel consumption
WORK TOOL OPTIONS
Y x N Machine shall have a universal quick coupler.
Y x N
Y x N
Y x N
Coupler shall have the following features: a low profile side plate designed for optimum match to
work tools and minimal material packing, opposing wedges to ensure a tight tool fit, large contact
areas to absorb loads and minimize stress, chrome plated and lubricated vertical pins for smooth
engagement and prevention of corrosion
Coupler shall have manual engagement and disengagement of work tools using two high leverage
handles
Standard dirt bucket shall be required
Page 23
SERVICEABILITY
Y x N
Y x N
Y x N
Y x N
Y x N
Maintenance points shall be grouped in easily accessible locations
The machine shall be equipped with sight gauges on the hydraulic tank and the radiator
The machine shall be equipped with standard system pressure and fluid analysis test ports
The rear door shall open 90 degrees for easy access to both sides of the mounted engine
All filters shall be easily accessible, which makes routine service quicker and virtually spill free
ADDITIONAL EQUIPMENT
Y x N
Y x N
Y x N
Y x N
Y x N
Two -speed transmission is required
Snow blower minimum width of 72"
Snow blower minimum cutting height of 32"
High Flow hydraulic capable snow blower
All snow blower functions must be cab operable
Page 24
BID ALTERNATE B - NEW AWD BACKHOE LOADER
*** Backhoe Loader shall be new and have less than 150 machine hours
Y X N
Y X N
Y X N
ENGINE
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Backhoe shall have a minimum digging depth of 14'4" (4360 mm) with standard stick and 17' with
extendable stick.
Unit shall have a maximum width of 8' 0" (2438 mm) with a general-purpose bucket.
General-purpose loader bucket SAE heaped capacity rating shall be a minimum of 1 cubic yard heaped
bucket
Engine must comply with U.S. EPA Tier 4 / EU Stage IV off road emission requirements.
Turbocharged engine net flywheel horsepower shall be at least 94 HP
Engine shall have a secondary fuel filter with a rating of no more than 4-microns.
Engine shall have a vertical spin -on fuel filters.
Engine shall have a water/sediment bowl with water separator service indicator light.
The engine shall have an internally mounted, dry -type, perimeter seal air cleaner with an integral
precleaner, automatic dust ejection system, and filter condition indicator.
The engine will have a standard glow plug starting aid for efficient cold weather starting to —20 degrees F
(-28 degrees C) without using ether.
Engine shall be protected to a minimum -34 degrees F (-36.7 degrees C) with extended life antifreeze that
needs not to be replaced for 5 years.
Engine cooling fan shall have a heavy-duty guard that fully prevents human contact while in operation.
Radiator shall have a heavy-duty guard to resist continued impact at low speeds.
Engine shall be equipped with an alternator that has a charging capacity of minimum 120 amperes.
Engine shall be equipped with a 12-volt direct -electric starting and charging system.
Engine shall be equipped with a single, automatically tensioned, serpentine accessory belt.
Engine shall have variable -speed, hand and foot governor controls.
Engine shall have a full flow spin -on type oil filter that is vertically mounted below the crankshaft
centerline.
Machine shall have Automatic Engine Speed Control that reduces engine speed when the backhoe is not
in use. This will conserve fuel and lower emission noise
Engine shall have 130 volt ac block heater for plugging in during winter storage.
Page 25
POWERTRAIN/TRANSMISSION
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
BRAKES
Y X N
Y X N
Y X N
Y X N
Y X N
Y X N
4WD guard shall provide full coverage between the frame rails to protect the front drive shaft.
Unit shall be able to change direction and travel speed on -the -go.
Transmission shall be made, serviced and supported by the machine manufacturer.
Transmission shall have an electric, neutral lock switch on the front console.
Transmission shall have spin -on type oil filter vertically mounted.
The automatically shifting transmission shall have a manual override switch to allow the operator full
control over the gear selection.
Unit shall have a high gear speed of no less than 25 mph
Brake mode selector switch shall have a 3 position switch allowing 2WD, allow 2WD travel with 4WD
automatically engaged for superior braking and reduced driveline and tire wear and full time four wheel
drive.
Four Wheel Braking must be functional at all speeds and when the machine is in any gear.
Parking/secondary brakes shall be independent of the service brake system, allow operator complete
control for a modulated stop, and shall be mechanically applied and adjusted from the cab without the
need for tools.
Foot -operated brake pedals shall be able to be interlocked for roading.
Service brakes shall be hydraulically boosted for low pedal efforts.
Service brakes shall be fully self-adjusting.
HYDRAULIC SYSTEM
Y X N
Y X N
Y X N
Y X N
AXLES
Y X N
WHEELS/TIRES
Y X N
Y X N
Hose fitting shall have 0-ring face seal connections for maximum seal reliability.
Backhoe hydraulic lines shall be fastened and constrained from hanging low within the chassis, preventing
hoses from damage.
All hydraulic hoses restrained by rubber grommets and steel band clamps shall have full protective
coverage by the rubber grommet, preventing cuts and chaffing by the band clamps.
Machine shall be able to reach maximum lift capacity at any engine speed.
Rear axle shall have differential lock with "on -the -go" engagement.
Machine shall have 2WD with an option for 4WD.
4WD Tires shall be no less than 12.5/80-18 12PR (front) and 19.5 — 24 12PR (rear) with radial tires.
Page 26
y x N
y X N
Front tires shall ride inside loader bucket cutting width.
All tires shall be able to be able to be chained without any modification unless provided by supplier.
OPERATORS STATION
y X N
y X N
y x N
y X N
y X N
y X N
y X N
y X N
y X N
y X N
y X N
y X N
y x N
y x N
y X N
y x N
y x N
y x N
y x N
y x N
Cab shall have an optional air conditioner that provides the operator with a choice of fresh outside air
drawn through filters or recirculation cab air.
Operator shall have complete control to disable, or lock, the backhoe Pilot Controls with a single switch
on the console.
The backhoe Pilot Controls locking switch shall always indicate the correct state of the controls, "locked"
or "unlocked," and be lighted when "locked".
Pilot Controls for the backhoe shall store away from the operator
Cab shall be equipped with two doors and opening windows and floor mat.
Machine shall come standard with horn, audible back up alarm and electric fuel system shut off.
Operator's compartment shall feature laminated safety glass on front, windshield and tempered glass on
all other windows.
The governor pedal shall be hinged and mounted to the floor for maximum pedal positioning control.
Cab shall include factory -installed heater/defroster with multiple speed blower with the control in reach
from the front and rear of the machine.
Side instruments shall include tachometer, fuel gauge, transmission/converter oil temperature gauge and
coolant temperature gauge.
Unit shall have a lighted instrument panel located on the right side of the cab so that it is visible from
both loader and backhoe operating positions.
Unit shall include four front and four rear roading / work lights.
Machine shall have stop and turn signals with flashing hazard lamps visible from front and rear.
Electric auxiliary socket shall be available on roof for connection to items such as a rotating beacon.
A switch, accessible to the operator from the seat, shall control the auxiliary socket, primarily used for
beacon operation.
OSHA approved ROPS/FOPS shall be integral with cab and canopy.
Air -suspension seat shall come with a vertical adjustment and adjustable flip -up armrests.
Operator's compartment shall come equipped with a standard air suspension seat that can be adjusted in
the fore/aft position and has a lever that controls the release for rotation at 180 degree swivel from
anywhere on a sliding track mechanism.
Standard seat shall be covered with vinyl with open canopy models or cloth covered Mylar in enclosed
cab models.
Equipped with the standard steering wheel, the seat shall be able to swivel 180 degrees in a single motion
without contacting the steering wheel or pilot control pods.
Page 27
y X N Stabilizer controls shall be pilot operated and conveniently located.
y X N Tilt steering wheel shall be standard for operator comfort.
y X N Steering wheel shall come with a standard spinner knob for turning ease.
y X N All rear windows inside the cab for maximum visibility, ventilation and operator comfort.
y X N If equipped with an enclosed cab, front and rear windshield wipers/washers shall be standard.
LOADER AND BACKHOE
y X N Extendible stick shall be available.
y X N All sticks shall have serrated edges to help clamp objects securely with bucket.
y X N All sticks shall be thumb -ready with thumb cylinder mounts and stops standard. Thumb must be able to
be added without welding.
y X N Backhoe shall be center -pivot type complete with hydraulic stabilizers.
y X N Boom and stick shall be weld repairable.
y X N Backhoe shall be equipped with a swing transport lock.
y X N Backhoe shall be equipped with a boom lock that can be controlled from the seat.
y X N Pattern changer shall be available for switching Backhoe and Excavator control patterns with an electric
switch, located within the operator's station, and positioned at least 12" away from exterior surfaces.
y X N Backhoe controls shall be available as pilot operated joystick controls with a standard pattern changer for
SAE excavator or ISO backhoe control patterns.
y X N Backhoe shall be controlled with excavator style pilot operated joystick controls.
y X N Loader bucket shall not roll back, and must not move under normal dig operations.
y X N_ Loader shall have positive down pressure sufficient to lift tractor front end off level ground.
y x N Loader shall be equipped with a return -to -dig mechanism.
y x N Loader shall be equipped with a lift cylinder brace to mechanically hold the loader arms in the raised
position.
y X N Loader bucket shall be suitable for general purpose with heavy-duty characteristics including high
strength wear material in the leading edges of the lower side corners, equaling the material properties of
the base cutting edge.
y X N Loader bucket shall have a 2-piece or 3-piece bolt -on cutting edge for serviceability.
y X N Loader bucket shall be self -leveling for truck loading spoil and equipped with a bucket tilt indicator.
y X N Stabilizers shall be pilot operated for low efforts and located on the side console for easy access whether
facing front or rear.
y X N Backhoe shall have stabilizer lock valves as standard equipment.
Page 28
y X N
y X N
Flip over stabilizer pads shall have a dirt grouser.
Stabilizers shall be able to lift the machine high enough to clear tires, on concrete with street pads.
WORK TOOL OPTIONS
y X N
y X N
y X N
y X N
y X N
SERVICEABILITY
y X N
y X N
y X N
y X N
The OEM shall offer buckets in varying widths and capacities.
Buckets shall be equipped with pin -on tooth tips that are exchanged whereby the pin retainers are
diagonal or vertical, allowing them to be extracted or inserted with a hammer and punch only.
Backhoe thumb shall be available from the factory, with parts and service support from the OEM.
All dipper sticks shall be made thumb -ready, allowing bolt -on installation of thumbs, cylinder, hydraulics
and hardware without welding.
Boom shall be a quick disconnect for changing between buckets and tools.
Engine oil, transmission oil, hydraulic oil, brake fluid, washer fluid, coolant, engine air filter, and engine air
filter monitor shall all be consolidated service points, accessible under the hood with loader arms down.
The battery(ies) shall be accessible without the use of hand tools to remove panels, toolboxes, etc.
The machine will be equipped with an electronic diagnostic port within the operator station, allowing
service codes to be downloaded and electronic parameters to be adjusted.
The unit shall be provided with a master electrical disconnect switch.
OWNING AND OPERATING COSTS
y X N
Engine shall have a 500-hour oil change interval for lowering operating maintenance cost.
ADDITIONAL FEATURES
y X N
y X N
y X N
y X N
y X N
Ride Control shall be standard
Loader bucket shall have hydraulic quick coupler and backhoe include a manual "pin -grabber" quick
coupler
Additional 18" and 24" backhoe buckets to be provided
Auxiliary hydraulic provided to loader bucket and backhoe boom for connecting to hydraulic attachments.
Hydraulic compactor (i.e. hoe pack) attachment appropriately sized for backhoe
Page 29
City of McCall, Idaho
Public Works Department
216 E. Park Street
McCall, ID 83638
PH (208) 634-5580
Notice To Qualified Firms
*Do not alter bid documents in any way.
*All bid documents must be typewritten or printed in ink to be considered.
If you wish to offer comments, additional information or alternate bids, please do below or on a
separate sheet and attach it to the bid sheet.
The purpose of the attached specifications is to define minimum requirements only. They are not
meant to be restrictive. All manufacturers meeting or surpassing these minimum specifications
are invited to submit a bid proposal.
Please call Cris Malvich, Streets Superintendent at (208) 634-8946, cmalvich@mccall.id.us if
you need any additional information.
The City of McCall reserves the right to reject any and all sealed bids/proposals that it deems
nonconforming to the specifications enclosed. All information must be filled out correctly for
consideration.
DO NOT FAX BID PROPOSALS, THEY WILL NOT BE ACCEPTED.
Page 30
City of McCall, Idaho
Public Works Department
216 E. Park Street
McCall, ID 83638
PH (208) 634-5580
Specifications Exception Form
In the interest of fairness and sound business practice, it is mandatory that you state any
exceptions taken by you to our specifications.
It should not be the responsibility of the City of McCall, Public Works Department to ferret out
information concerning the materials, which you intend to furnish.
If your bid proposal does not meet all our specifications you must state it in the space provided
below.
Bids proposals on machines and equipment, not meeting specifications, may be considered by
the City, however, all deviations must be listed above.
If your bid proposal does not meet our specifications, and your exceptions are not listed above or
in space provided, the City of McCall may claim forfeiture on your bid proposal, if submitted.
Signed
I DO me
Signed
I DO NOT meet specifications as listed in this bid proposal, exceptions are in space provided.
Failure to submit this form with your Bid Proposal response may result in your Bid Proposal
being rejected as unresponsive.
Page 31
GENERAL BID SPECIFICATIONS
1. INVITATION FOR BIDS
Sealed bid proposals will be received at the McCall City Clerk's Office, 2I6 E. Park Street,
McCall, Idaho 83638 until 10:00 AM, August 30, 2017 for furnishing and delivery of a bid
proposal in accordance with Invitation of Bid set forth herein and the other terms, conditions
and instructions to the specifications attached hereto and made part hereof as though fully set
forth herein. Said machines/equipment shall include all necessary items for efficient
operation whether or not specifically mentioned in these specifications.
2. PREPARATIONS OF BIDS PROPOSALS
Bid proposals shall be submitted on the forms provided and must be signed by the Bidder or
his authorized representative. The person signing the bid proposal shall initial any corrections
to entries made on the attached forms.
Vendors must provide pricing on all items appearing on the bid forms unless specific
directions in the advertisement, on the bid form or in the special provisions allowed for
partial bids. Failure to provide pricing on all items may disqualify the bid.
Any questions or inquiries must be submitted in writing, and must be received by the Public
Works Department no later than four (4) calendar days before the Invitation to Bid due date
to be considered. Any changes to the Invitation to Bid will be provided to all bidders of
record.
The name of manufacturer, trade name, or catalog number mentioned in this Invitation to Bid
description is for the purpose of designating a minimum standard of quality and type. Such
references are not intended to be restrictive, although specified color, type of material and
specified measurements may be mandatory.
Bid proposals will be considered for any brand that meets or exceeds the quality of the
specifications listed. On all such bid proposals, the bidder shall specify the product they are
proposing and shall supply sufficient data to enable a comparison to be made with the
particular brand or manufacturer specified. Failure to submit the above may be sufficient
grounds for rejection of the proposal.
3. SUBMITED BID PROPOSALS
Bid proposals must be submitted as directed in the Invitation to Bid, and on the forms
provided unless otherwise specified. Bid proposals must be typewritten or printed in ink. Bid
proposals must be mailed or delivered in person. Bid proposals that are faxed or emailed will
not be accepted.
Page i
4. WITHDRAWING BIDS PROPOSALS
Bid proposals may be withdrawn prior to the opening date and time upon written request of
the Proposer. Negligence on the part of the Proposer in preparing his/her proposal shall not
constitute a right to withdraw a proposal subsequent to the proposal opening.
5. RECEIPT AND OPENING OF BID PROPOSALS
Bid proposals shall be submitted prior to the time fixed in the Invitation to Bid. Bid proposals
received after the time indicated shall be returned unopened.
6. BID PROPOSAL EVALUATION
The City of McCall reserves the right to reject any and all bid proposals received in response
to the Invitation to Bid. A bid proposal may be rejected, if the bidder:
a. Fails to adhere to one or more of the provisions established in the proposal.
b. Fails to submit its proposal at the time or in the format specified herein or to supply the
minimum information requested herein.
c. Fails to meet the minimum evaluation criteria specified in this proposal.
d. Fails to submit its proposal to the required address on or before the deadline date
established by the City.
e. Misrepresents its services, experience and personnel by providing demonstrably false
information in its proposal or fails to provide material information.
f. Fails to submit its cost on the enclosed bid form.
g. Refuses to provide clarification requested by the city.
7. BID PROPOSAL RESULTS
All sealed bid proposals received will be considered confidential and not available for public
review until after the bid opening is conducted. Results will not be given over the phone.
Please send your request in writing or send an email to sdevere@mccall.id.us to receive
sealed bid results after the public opening. Invitations to Bid will remain confidential until
the proposer has been selected.
8. RIGHT TO REJECT BID PROPOSALS
The City of McCall reserves the right to reject any and all sealed bid proposals, should the
City deem it to be in the best interest of the public.
9. BASIS OF AWARD
Award of contract by the City of McCall will be based upon the most responsible bid
proposal submitted. Consideration will be given to annual installment payment amount,
delivery date, parts and service facilities, analysis and comparison of equipment
specifications details, and past experience of the City of McCall with similar or related
equipment, with emphasis on annual cash flow requirements. No significant deviation from
Page ii
the terms of this specification is acceptable. The City of McCall reserves the right to reject
any and all bid proposals as authorized by law.
10. INTENT OF CONTRACT
Furnish and deliver to the City of McCall Public Works Department, machines/equipment
that meets or exceeds the specification of this proposal. Only NEW machines/equipment in
current production will be considered in the award. Machine/equipment must be
manufactured in 2017.
11. MACHINE WARRANTY & GUARANTEE OF AVAILABILITY
See Special Bid Specifications.
12. MANUALS
Operator's manuals, parts books and service repair manuals shall be furnished at no
additional cost on each machine/equipment provided to the City of McCall.
13. BIDDER SERVICE FACILITIES
The bidder shall satisfy the purchasing official that they maintain a store or branch within
120 miles of the working location of the machine/equipment, staffed with qualified
servicemen, and with provisions for storing a representative supply of parts for the entire
machine offered and with provisions for securing parts from the manufacturer with
14. DELIVERY
Machines/equipment shall be delivered to the City of McCall Public Works Department
or by October 25, 2017, whichever date is sooner.
All equipment shall be delivered as specified and must meet all federal and state equipment
and safety requirements. All machines/equipment must be delivered with all standard and
optional equipment in place, cleaned, lubricated, serviced and ready for operation. The
equipment will be inspected upon delivery prior to acceptance by the City of McCall Public
Works Department.
15. EXCEPTIONS TO BID SPECIFICATIONS
On a separate page, please list any variation from, or exceptions to, the conditions and
specifications of this bid. This sheet shall be labeled "Exception(s) to Bid Conditions and
Specifications," and shall be attached to the bid.
16. FORCE MAJEURE
Neither party shall be liable for any inability to perform its' obligations under any subsequent
agreement due to war, riot, insurrection, civil commotion, fire, flood, earthquake, storm or any
other act of God.
Page iii
SPECIAL BID SPECIFICATIONS
All Special Bid Specifications shall be adhered to. The City of McCall will not accept any
modifications, changes, additions, and/or deletions to the following specifications.
1. MACHINE WARRANTY & AVAILABILITY GUARANTEE
A. The intent of this clause is to guarantee the cost of repairs and downtime to the City of
McCall, Idaho.
Therefore, all bidders shall include with their bid:
A warranty to include all parts and labor for all repairs required for five (5) years or five
thousand (5,000) hours of operation, whichever occurs first from date of delivery, with
the exceptions noted in "F" and "G" below. The warranty is to be provided during
vendor's regular working hours. if the City of McCall requests work to be done on
overtime basis the City of McCall will pay the differential between overtime and regular
time. The warranty shall also include:
i) Scheduled oil sampling at manufacturers prescribed intervals (engine-250 hours;
transmission/differential — 500 hours; hydraulics-1,000 hours; final drives on
tack -type tractors-500 hours).
ii) All fluid filters as prescribed by manufacturer recommendations.
iii) Mid-term machine inspection and adjustments as prescribed in the manufacturer
maintenance guide.
iv) Travel time and mileage to perform said warranty.
v) Guaranteed 95% machine availability as recorded by the City of McCall, Idaho.
Scheduled Hours Available for Work (Numerator)
Scheduled Hours (Denominator)
At 12-month intervals machine availability will be evaluated. If availability is below
95%, vendor will reimburse the City of McCall at a rate of $25.00 per hour for the hours
necessary to "enhance" availability to the 95% level.
B. LIMITATIONS
i) Track rollers, idlers, sprockets, track assemblies, and track frames and guards are
NOT included.
ii) The City of McCall recognizes that the bidder/vendor shall not be responsible for
routine lubrication and maintenance, fuels, oils, labor for taking oil samples, tires,
antifreeze, batteries, headlights, paint, fuses, glass, and ground engaging tools.
Auxiliary Equipment Manufacturer attachments and warranties will be
administered as directed by each different manufacturer.
iii) The bidder/vendor will not be responsible for repairs, cost of repairs, or be
assessed hours against the availability guarantee for damage or downtime caused
by fire, vandalism, accident, operators abuse, negligence, strikes, Acts of God,
failure to perform the manufacturer's recommended maintenance as set forth by
Page iv
the lube and maintenance guide, tire failure, or Auxiliary Equipment
Manufacturer attachments.
iv) The City of McCall will not assess the time required to perform the
manufacturer's recommended maintenance as set forth by the lube and
maintenance guide against the availability guarantee.
v) All costs (including travel time and mileage) for repairs required because of abuse
or improper operation will be charged to the City of McCall account. Minor
repairs that do not affect the immediate and safe operation of the machine(s) will
be completed within the earliest possible time within the vendors' maintenance
schedule.
vi) The bidder/ vendor will not be responsible for wear items such as fan belts,
pulleys, circle shoes, wear plates, slides and other non -serviceable wear points.
C. SPECIAL PROVISIONS
i) The City of McCall will make the machine available for repairs and inspection as
needed and requested by the vendor.
ii) Customer shall use manufacturer's brand air filters and change at intervals
determined by the air cleaner indicator.
iii) Any malfunction of the service meter shall be reported within 30 days of said
malfunction in writing, or the agreement is null and void.
iv) Other: MACHINE WARRANTY COVERAGE IS FOR 5 YEARS OR 5,000
HOURS, WHICHEVER OCCURS FIRST.
2. GUARANTEED BUY BACK PROVISIONS
Guaranteed Buy Back shall require bidder/vendor to purchase the machine to be in full
compliance with the Bid specifications. The City of McCall can at its option elect to cancel
the contract or purchase the machine annually, per State Code. A guaranteed buy back is
considered a requirement of the bid proposal. Therefore a Trade-in Value at the end of the
term is not acceptable and will be considered as a non -responsive bid proposal.
Lessee agrees that each Unit, upon its return, shall:
A. Be in sound mechanical condition and to be in good working order under full load.
B. Have the same attachments and piece parts as when delivered.
C. a. Have tires in safe and operable condition with a minimum of (40%) of wear
remaining tread life and all of the same style (no recaps). AND/OR
b. Have a minimum of forty percent (40%) life remaining on all undercarriage
components including track shoes, links, pins and bushings, idlers, bogies, sprockets,
carrier rollers, track rollers;
D. Have no cracked or broken glass;
E. Have no missing sheet metal and any major damage to sheet metal;
F. Have no structural damage to frame.
G. Have met the full requirement of the warranty procedures, including scheduled oil
sampling at the prescribed intervals.
Page v
H. Have no damage or modification to machine ROPS (roll over protection structure) per
vendor guidelines, repair or replacement of ROPS will be billed at time of return.
3. NON -APPROPRIATION ADDENDUM
This Non -Appropriation Addendum (this "Addendum") IS made by and between the above -
referenced lessee, renter or other customer ("City") and the above -referenced lessor or lender
("Lessor").
Introduction: City and Lessor are simultaneously herewith entering into the above -referenced
lease, rental, or other agreement (the "Lease"); and City and Lessor wish to modify and/or
supplement the terms of the Lease, as more particularly set forth herein below. This
Addendum shall be effective as of the same date as the Lease (the "Effective Date").
A. Incorporation and Effect. This Addendum is hereby made a part of, and incorporated into,
the Lease as though fully set forth therein. As modified or supplemented by the terms set
forth herein, the provisions of the Lease shall remain in full force and effect, provided
that, in the event of a conflict between any provision of this Addendum and any provision
of the Lease, the provision of this Addendum shall control. In entering into this
Addendum, it is the intent of City and Lessor to conform the terms and conditions of the
Lease to the requirements of all applicable federal, state and local laws, rules and
regulations relating to governmental entities and public finance. If any term or condition
of this Addendum is unenforceable or unlawful, then such provision shall be deemed null
and void without invalidating the remaining provisions of the Lease.
B. Definitions. Capitalized terms herein that are not otherwise specifically defined herein
shall have the same meanings as set forth in the Lease. As used in this Addendum, the
following terms shall have the following -described meanings:
"Goods" shall have the same meaning as the term "Equipment," "Leased
Equipment," "Goods" or "Property" (or a similar term) as defined and used in the
Lease Non -Appropriation of Funds.
C. City hereby represents, warrants and covenants to Lessor that: (a) City intends, subject
only to the provisions of this Section 3, to remit to Lessor all sums due and to become
due under the Lease for the full multi -year term thereof; (b) City's governing body has
appropriated sufficient funds to pay all amounts due to Lessor during City's current fiscal
period; (c) City reasonably believes that legally available funds in an amount sufficient
to make all such payments for the full multi -year term can be obtained; and (d) City
intends to do all things lawfully within its power to obtain and maintain funds from
which all such payments to become due during the full multi -year term of the Lease,
including making provision for such payments to the extent necessary in each budget or
appropriation request submitted and adopted in accordance with applicable law.
Notwithstanding the foregoing, the decision whether or not to budget and appropriate
funds is within the discretion of City's governing body. In the event City's governing
body fails to appropriate sufficient funds to make all payments and pay other amounts
due and to become due during City's future fiscal periods, City may, subject to the terms
hereof, terminate the Lease as of the last day of the fiscal period for which
appropriations were received (an "Event of Non -appropriation"). City agrees to deliver
notice of an Event of Non -appropriation to Lessor at least 30 days prior to the end of
Page vi
City's then -current fiscal period, or if an Event of Non -appropriation has not occurred by
that date, promptly upon the occurrence of any such Event of Non -appropriation and to
return the Goods pursuant to the return requirements stated in the Lease on or before the
effective date of termination. City and Lessor understand and intend that City's
obligation to make payments and pay other amounts due under the Lease shall constitute
a current expense and shall not in any way be construed to be a debt, obligation, or
liability in contravention of any applicable constitutional or statutory limitations or
requirements concerning City's creation of indebtedness, nor shall anything contained
herein constitute a pledge of City's general tax revenues, funds or monies.
D. Additional Representations, Warranties and Covenants of City. In addition to the other
representations, warranties and covenants made by City as set forth in the Lease, City
hereby represents, warrants and covenants to Lessor that: (a) City has the power and
authority under applicable law to enter into the Lease and this Addendum and the
transactions contemplated herein and therein and to perform all of its obligations
hereunder and thereunder, (b) City has duly authorized the execution and delivery of the
Lease and this Addendum by appropriate official action of its governing body and has
obtained such other authorizations, consents and/or approvals as are necessary to
consummate the Lease and this Addendum, (c) all legal and other requirements have
been met, and procedures have occurred, to render the Lease and this Addendum
enforceable against City in accordance with their terms, and City has complied with such
public bidding requirements as may be applicable to the Lease and this Addendum and
the transactions contemplated herein and therein, (d) upon Lessor's request, City will
provide Lessor with a copy of City's current financial statements within 150 days after
the end of each fiscal period, and (e) during the term of the Lease, unless and until the
Lease is terminated in accordance with Section 3 above, City shall provide to Lessor, no
later than 10 days prior to the end of each fiscal period, with current budgets or other
proof of appropriation for the ensuing fiscal period, and such other financial information
relating to City's ability to continue the Lease, as Lessor may request.
E. Indemnification. To the extent City is or may be obligated to indemnify, defend or hold
Lessor harmless under the terms of the Lease, any such indemnification obligation shall
arise only to the extent permitted by applicable law and shall be limited solely to sums
lawfully appropriated for such purpose in accordance with Section 3 above.
F. Remedies. To the extent Lessor's remedies for a City default under the Lease include any
right to accelerate amounts to become due under the Lease, such acceleration shall be
limited to amounts to become due during City's then current fiscal period. In the event
that City is obligated to return the Goods to Lessor, the same shall be done at City
expense so long as the destination is not more than 100 miles distant from the City of
McCall, Idaho; otherwise, Lessor shall pay the expense of transportation to the
destination designated by Lessor. So long as the lease payment for the then current
fiscal year has been paid, upon delivery of the Goods in the manner prescribed and so
long as the Goods shall be in the same condition as when received by City (ordinary
wear and tear excepted) and is in good operating order and maintenance as required in
the Lease, City's obligation to Lessor shall be deemed satisfied.
G. Tax warranties. Notwithstanding anything in the Lease to the contrary, City makes no
warranties regarding whether any portion of the lease payments are interest or that the
interest is exempt from taxation because of City's governmental status. City will and
does warrant that it is a municipal corporation organized under the laws of the state of
Idaho, and will complete any IRS or other tax agency forms that Lessor directs so long
Page vii
as the information sought and factual representations to be made on the forms can be
made accurately within the format of the forms. City reserves the right to include any
explanation of data that City deems necessary to avoid misrepresenting any facts on said
forms. A determination that the lease payments, or any part of the lease payments, are
includable in Lessor's gross income shall not constitute a default under the Lease and
will not result in any increase in amounts payable under the lease.
H. Accessions and attachments. Notwithstanding anything in the Lease to the contrary, any
accessions or attachments made to the Goods by the City are not part of the Goods, and
are not part of the Lease unless the accessions or attachments are provided by Lessor or
Lessor's affiliate and are part of the description of the Goods contained in the lease, or,
are bona fide replacements of original equipment integral to the Goods at the time of
delivery to the City. At termination of the Lease before the Goods are returned to
Lessor, City will remove any accessions or attachments it has affixed to the Goods and
will repair any damage to the Goods occasioned by the removal of the same.
I. Preservation of right of offset. Notwithstanding anything in the Lease to the contrary,
City retains the right to offset against amounts due under the Lease any defense, claim,
setoff, or counterclaim or other right, existing or future, which City may have against the
Lessor.
J. Insurance. Notwithstanding anything in the Lease to the contrary, Lessor shall not be
City's attorney in fact in any way or for any reason including but not limited to
insurance. City shall not be obligated to assign any insurance policies, titles, rights or
benefits to Lessor.
K. Opinion letter by Counsel for City. The opinion letter, if any, required by Lessor from
counsel for the City shall only require that counsel opine on: 1) whether the City is duly
organized and legally existing as a political subdivision under the Constitution and laws
of the state of Idaho; 2) whether the Lease has been duly authorized, executed and
delivered by the City and, subject to any applicable bankruptcy, insolvency, moratorium,
or other limitations found in Idaho law, is enforceable against City in accordance with its
terms; 3) whether there is any litigation pending or, within counsel's best knowledge,
threatened which seeks to restrain, enjoin, or in any other way challenges the authority of
City to enter into the Lease or make an appropriation for payment of an annual lease
payment; and 4) whether the Lease has been authorized, approved, and executed in
accordance with all applicable open meeting, public records, and public bidding laws.
No further opinions shall be required unless Lessor is willing to fully and adequately
compensate counsel for the additional requested opinions and the liability thereby
assumed.
L. Governing Law. Notwithstanding anything in the Lease to the contrary, the Lease and
this Addendum shall be governed by, construed and enforced in accordance with the
laws of the state of Idaho.
M. Miscellaneous. This Addendum, together with the provisions of the Lease not expressly
inconsistent herewith, constitutes the entire agreement between the parties with respect
to the matters addressed herein, and shall supersede all prior oral or written negotiations,
understandings and commitments. This Addendum may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all of which together
shall be deemed to constitute one and the same agreement. A facsimile or other copy of
this Addendum with facsimile or copied signatures shall have the full force and effect of
the original for all purposes, including the rules of evidence applicable to court
proceedings.
Page viii
Explanation of Content
Transaction Number 3216365
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Financial
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Thank you for selecting Caterpillar products and for allowing Caterpillar Financial Service Corporation to serve your financing needs.
Included in this document package are all of the forms that will be needed for standard tax exempt lease purchase transactions. The forms have been
designed to be clear, concise and user friendly. We have also provided a brief explanation of the purpcise of each form. If you wish to discuss any of
the forms or have any questions about any aspect of this transaction, we encourage you to contact your Caterpillar Dealer or Caterpillar Financial
Services Corporation at 1-866-263-3791 Option # 5.
A. Governmental Equipment Lease -Purchase Agreement. The Governmental Lease Purchase Agreement contains the terms that
govern each transaction between us. It is the standard Caterpillar Financial Services Corporation tax exempt lease -purchase agreement, and provides
that we will lease to you the equipment described therein pursuant to la full payout amortization !schedule. A new Governmental Equipment
Lease -Purchase Agreement will have to be signed in connection with each transaction.
B. Lessee's Authorizing Resolution. The Authorizing Resolution is evidence you have taken the necessary governing body actions to
approve the Governmental Equipment Lease -Purchase Agreement. Although the authorizing instrument is often a resolution, it may also take other
forms such as an ordinance. We are agreeable to using your customary or standard form provided it contains specific approval for the lease -purchase
agreement, designates persons who are authorized to sign on your behalf and either approves the dopument forms or delegates this authority to a
named official
C. Verification of Insurance. The Certificate of Insurance is intended to supply information regarding the insurance coverage for the equipment
being lease -purchased. You will need to supply the requested information to us so we can verify coverage.
D. Opinion of Counsel. An opinion of counsel is required in connection with each Governmenta Equipment Lease -Purchase Agreement. The
opinion is intended to confirm that you have complied with all open meeting Maws, publication and notice requirements, procedural rules for governing
body meetings, and any other relevant state or local government statutes, ordinances, rules or regulations. We would be unable to confirm compliance
with these laws and regulations ourselves absent long delays and higher costs so we rely upon the opinion of your attorney since he/she may have been
involved in the process to approve our transaction and is an expert in the laws and regulations to which ypu are subject. The opinion also confirms that
you are an entity eligible to issue tax-exempt obligations and that the Governmental Equipment Lease -Purchase Agreement will be treated as
tax-exempt as it is your obligation to ensure that you have complied with relevant tax law.
E. Form of 8038G or GC. Form 8038 is required by the Internal Revenue Service In order to monitor the amount of lax -exempt obligations
issued. You have to execute a Form 8038 for each Governmental Equipment Lease -Purchase Agreement. Whether a Form 8038 G or GC is required
depends on the original principal amount of the Governmental Equipment Lease -Purchase Agreement If the original principal amount is less than
$100,000 Form 8038GC is filed with the IRS. If the original principal amount is $100,000 or more Form 8038G is filed with the IRS. Choose the
appropriate 8038 form and complete according to IRS guidelines. Contact your TM or Sales Support Representative for assistance.
IRS Form 8038G
http.//www,irs.gov/prk/irs-pdf/f8038g.pdf
IRS Formj8038GC
http.//www.irs.gov/pub/irs-pdf/f8038gc.pdf
This Explanation of Contents is prepared as an accommodation to the parties named herein. It is intended as an example of some of the documents that
Caterpillar Financial Services Corporation, in its reasonable judgment, may require and is not intended tQ constitute legal advice. Please engage and
use your own legal counsel. We understand that the laws of the various states are different so nothing herein shall be construed as a warranty or
representation that the documents listed herein are the only documents that may be required in any; particular transaction or that any particular
transaction, if documented in accordance with this Explanation of Contents, will be a valid, binding and enforceable obligation enforceable against the
parties named herein in accordance with the terms of the documents named herein.
Fmm Nn nrrnvrnv
55=127 00107/2017 5:00 PM r.T
DOCUMENT CHECKLIST (GOVERNMENTAL LEASE)
Transaction Number 3216365 Quote Number 5588027
These documents were p e • ared es • e
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Dealer: WESTERN STATES EQUIPMENT CO., H510
Date: 09/07/2017 Time: 5:09 PM
Comments:
Customer Executed Docume
❑ Lease Purchase Document
❑ Delivery Certification
❑ Insurance Verification
❑ 8038G or 8038GC
❑ Advance Payment (cross out if N/A)
❑ Customer Information Verification
❑ Tax Exemption Certificate
❑ Any necessary Riders/Amendments
❑ Lessee's Resolution + Minutes of Meeting OR
❑ Opinion of Lessee's Counsel
❑ Copy of Driver's License (Sole Proprietorships and
Individuals)
Dealer Executed Documents
❑ Purchase Agreement
❑ Dealer Invoice
❑ All Credit Conditions Met
CAT
Financial
Comments
Comments
*If any of these documents are altered, or if the Buyer wishes to add or delete documents, please contact your CFSC Credit
Analyst to obtain acceptance of any and all changes.
'III ■I.f of Y1I lri'I II I
5589077 09/07/2017 5:09 PM CT
2. DESCRIPTION OF THE
DESCRIPTIO f F'UNI.S
Ihether.the Unitja new'or used, L,
modelnuniber,'.themanufacturer,•
r. and.the'modof name; '
Governmental Equipment Lease -Purchase Agreement
Transaction Number 3216365
1. PARTIES
LESSOR ("we", "us", or "our'):
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
LESSEE ("you" or "your,:
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
CAT"
Financial
In reliance on your selection of the equipment described on Schedule A,' (each a "Unit"), we have agreed to acquire and lease the Units to you,
subject to the terms of this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer
by you to enter into this Agreement with us on the terms stated heroin.
UNITS
See Attachment A for equipment description and costs
SEE SCHEDULE A FOR A DESCRIPTION OF THE UNITS.
TERMS AND CONDITIONS
)EL'IVERY DATE;t
relate?mactitni
311ve�ed;toi
3. Lease Payments; Current Expense You will pay us the lease payments,
including the final lease payment set forth above (collectively, the "Lease
Payments"), provided however, that your extends only from the effective date ofobligation
this Agreem nt until expl aeon of your
current fiscal year and thereafter If you renew this Agreement. In the event
you desire to renew this Agreement, you shall specifically appropriate funds
In the budget adopted by you to make the scheduled Lease Payments.Lease
Payments shall be paid by Lessee to Lessor according to the attached
payment schedule; provided that all amounts owing hereunder shall be due
by the final lease payment date. A portion of each Lease Payment
constitutes Interest and the balance of each Lease Payment Is payment of
principal. The Lease Payments will be due without demand. You will pay
the Lease Payments to us at Caterpillar Financial Services Corporatlon;PO
Box 0
7 or such othr location that we
designate In writing. Your obligatio s, including youre
eobligation to pay the
Lease Payments due In any fiscal year, will constitute a current expense or
yours for such fiscal year and will not constitute an indebtedness of yours
within the meaning of the constitution and laws of the Stale of Idaho. Nothing
in this Agreement will constitute a pledge by you of any taxes or other
moneys, other than moneys lawfully appropriated from time to time for the
payment of the "Payments° (as defined in the last sentence of this Section)
owinSectiounder this Agreement. You agree n provided
n 7, your duties and liabilities es under this Agreement and any
associated documents are absolute and unconditional. Your payment
and performance obligations are not subject to cancelation, reduction,
or sotoff for any reason. You agree to settle all claims, defenses,
setoffs, counterclaims and other disputes you may have with tho
Supplier, the manufacturer of the Unit, or any other third party directly
with the Supplier, the manufacturer or the third party, as the case may
be. You will not assort, allege or make any such claim, defense, setoff,
counterclaim or other dispute agalnst us or with respect to the
payments due us under this Agreement. As used In this Agreement,
"Payments' will mean the Lease Payments and any other amounts required
to be paid by you.
The portion of the Lease Payments constituting principal will bear Interest
(computed on the basis of actual days elapsed In a 360 day year) at the rate
of 3.50% per annum.
Fnm 7b. OOvl000010 a(111'+'1 ■'
1III6 1,■IIIII
4. ',Late Charges If we do not receive a Payment on the date It Is due, you will
pay to us, on demand, a late payment charge equal to the lesser of five
percent (5%) of such Paymentjor the highest charge allowed by law.
5. Security interest To secure your obligations under this Agreement, you
grant us a continuing first priority security Interest in each Unit (including any
Additional Collateral), Including all attachments, accessories and optional
features (whether or not Installed on such Units) and all substitutions,
replacements, additions, and abcesslons, and the proceeds of all the
foregoing, Including, but not Milted to, proceeds In the form of chattel paper.
You authorize the filing of suchlfinancing statements and will, at your
expense, do any act and execute, acknowledge, deliver, file, register and
record any document, which we deem desirable to protect our security
Interest In each Unit and our rights and benefits under this Agreement. You,
at your expense, will protect and defend our security interest in the Units and
will keep the Units free and clear of any and all claims, liens, encumbrances
and legal processes however and whenever arising.
6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT MAKE
ANY WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE UNITS. AS TO US, YOUR LEASE
AND PURCHASE OF THE UNITS WILL BE ON AN "AS IS" AND "WHERE
IS" BASIS AND "WITH ALL FAULTS". Nothing in this Agreement is
Intended to limit, waive, abridge or otherwise modify any rights, claims,
or causes of action that you may have against any person or entity
other than us.
7. Non -Appropriation You have an immediate need for, and expect to make
Immediate use of, the Units In the ordinary course of your business and
maintenance of property. This need is not temporary or expected to diminish
during the term of this Agreement. To that end, you agree that your budget
forIthe current fiscal year includes a sufficient amount to permit you to
discharge your obligations under:this Agreement. You also agree that your
primary business official currently Intends, to the extent permitted by law, to
Include In your budget for approval by your governing board for each
successive fiscal year during the term of this Agreement, a sufficient amount
to permit you to discharge your obligations under this Agreement. In the
event your governing board falls or refuses to appropriate monies sufficient
to make the Payments due during your next succeeding fiscal year, this
5500027 knneb oosoeo17 ioo RIOT
Agreement will not be renewed for such fiscal year and you shall retum to
us, no later than the last day of the last fiscal year for which appropriations
were made for the Payments (the "Return Date'), all of the Units, at your
sole expense, In accordance with Section 14, and this Agreement will
terminate on the Retum Date without penalty or expense to you and you will
not be obligated to pay the Lease Payments beyond the last fiscal year for
which appropriations were made; provided, that you will pay all Payments
for which moneys have been appropriated or are otherwise available; and
provided further, that you will pay month to -month rent at the rate set by us
for each month or part of any month that you fall to retum the Units.
8. Tax Warranty You will, at all times, do and perform all acts and things
necessary and within your control to ensure that the component of the Lease
,Payments received by us that, for the purposes of Federal Income taxation,
Is treated as interest will be excluded from our gross income. You will not
permit or cause your obligations under this Agreement to be guaranteed by
the Federal Govemment or any branch or instrumentality of the Federal
Government You will use the Units for the purpose of performing one or
more of your governmental functions consistent with the scope of your
authority and not in any trade or business carried on by a person other than
you. You will report this Agreement to the Internal Revenue SeMce by filing
Form 8038G, 8038GC or 8038, as applicable. Failure to do so will cause
this Agreement to lose Its tax exempt status. You agree that if the
appropriate form Is not filed, or If you are in breach of any other tax warranty
In this paragraph, the interest rate payable under this Agreement will be
raised to the equivalent taxable interest rate. If the use, possession or
acquisition of the Units is determined to be subject to taxation, you will pay
when due all taxes and governmental charges assessed or levied against or
with respect to the Units.
9. Assignment You may not, without our prior written consent, by operation of
law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose
of your right, title and interest in and to this Agreement and/or the Units
and/or grant or assign a security interest in this Agreement and/or the Units,
in whole or in part. We may not transfer, sell, assign, pledge, hypothecate,
or otherwise dispose of our right, title and interest In and to this Agreement
and/or the Units and/or grant or assign a security Interest In this Agreement
and/or the Units, In whole or In part.
10. Indemnity To the extent permitted by law, you assume liability for, agree to
and do Indemnify, protect and hold harmless us and our employees, officers,
directors and agents from and against any and all liabilities, obligations,
losses, damages, Injuries, claims, demands, penalties, actions, costs and
expenses (including reasonable attomey's fees), of whatsoever kind and
nature, arising out of the use, condition (Including, but not limited to, latent
and other defects and whether or not discoverable by you or us), operation,
ownership, selection, delivery, storage, leasing or retum of any item of Units,
regardless of where, how and by whom operated, or any failure on your part
to accept the Units or otherwise to perform or comply with any conditions of
this Agreement
11. Insurance; Loss and Damage You bear the entire risk of loss, theft,
destruction or damage to the Units from any cause whatsoever. No loss,
theft, destruction or damage of the Units will relieve you of the obligation to
make Lease Payments or to perform any obligation owing under this
Agreement You agree to keep the Units Insured to protect ell of our
interests, at your expense, for such risks, In such amounts, in such forms
and with such companies as we may require, Including but not limited to fire
end extended coverage Insurance, explosion and collision coverage, and
personal lability and property damage liability insurance. Any insurance
policies relating to loss or damage to the Units wit name us as loss payee as
our interests may appear and the proceeds may be applied toward the
replacement or repair of the Units or the satisfaction of the Payments due
under this Agreement. You agree to use, operate and maintain the. Units In
accordance with all laws, regulations and ordinances and In accordance with
the provision of any policies of Insurance covering the Units, and win not rent
the Units or permit the Units to be used by anyone other than you. You
agree to keep the Units in good repair, working order and condition and
house the Units In suitable shelter, and to permit us or our assigns to Inspect
the Units at any time and to otherwise protect our Interests in the Units. If
any.Unit Is customary covered by a maintenance agreement, you will furnish
us with a maintenance agreement by a party acceptable. to us.
12. Default; Remedies: An 'Event of Default' will occur If (a) you fall to pay any •
Payment when due and such failure continues for ten (10) days after the due
date for such Payment or (b) you fail to perform or .observe any other
covenant, condition, or agreement to be performed or observed by you under
this Agreement and such failure is not cured within twenty (20) days after
written notice of such failure from us. Upon an Event of Default, we will have
all rights and remedies available under applicable, law. In addition, we may
declare all Lease Payments due or to become due during the fiscal year In
which the Event of Default occurs to be immediately due and payable by you •
and/or we may repossess the Units by giving you written notice to deliver the
Units to us in the manner provided inSection 14, or in the event you fall to do
so within ten (10) days after receipt of such notice, and subject to. all
applicable laws, we may enter upon your premises and take possession of
the Units. Further, if we financed your. obligations under any extended
warranty agreement such as ,an Equipment Protection Plan, Extended.
Service Contract, Extended Warranty, Customer Service Agreement, Total
Maintenance and Repair Agreement or similar agreement, we may cancel
such extended warranty agreement on your behalf and receive the refund of
the extended warranty agreement fees that we financed but had not received
from you as of the date of the Event of Default.
13. Miscellaneous This Agreement may not be modified, amended, altered or
changed except by a written agreement signed by you and us. In the event
any provision of this Agreement is found Invalid or unenforceable, the
remaining provisions will remain In full force and effect. This Agreement,
together with exhibits, constitutes the entire agreement between you and us
and supersedes ell prior and contemporaneous writings, understandings, _
agreements, solicitations, documents and representations, expressed or
implied. Any terms and conditions of any purchase order or other documents
submitted by you In connection with this Agreement which are in addition to
or inconsistent with the terms and conditions of this Agreement will not be
binding on us and will not apply to this Agreement. You agree that we may
correct patent errors in this Agreement and fill in blanks Including, for
example, correcting or filling In serial numbers, VIN numbers, and dates. Any
notices required to be given under this Agreement will be given to the parties
In writing and by certified mall at the address provided In this Agreement, or
to such other addresses as each party may substitute by notice to the other,
which notice will be effective upon its receipt.
14. Title; Retum of Units Legal title to the Units is vested in us. Upon the
payment of all amounts due hereunder, legal title to the Units will pass to you
without the necessity of further action by the parties, and we will have no
further interest in the Units. _If we are entitled to obtain possession of any
Units or If you are obligated at any time to retum any Units, then you will, at
your expense, promptly deliver the Unit to us properly protected and in the
condition required by Section 11. You will deliver the Unit, at our option, (i) to
the nearest Caterpillar dealer selling equipment of the same type as the Unit;
or (iI) on board a carrier named by us and shipping the Unit, freight collect, to
a destination designated by us. If the Unit Is not in the condition required by
Section 11, you must pay us, on demand, all costs and expenses incurred by
us to bring the Unit Into the required condition.. Until the Units are returned
as required above, all terms of this Agreement will remain in full force and
effect including, without limitation, your obligation to pay Lease Payments
and to Insure the Units. '
15. Other Documents In connection with the execution of this Agreement, you
will cause to be delivered to us (I) either (A) a certified copy of your
authorizing resolution substantially in the form attached as Attachment B
a copy of the minutes of the relevant meeting or (B) an opinion of your
counsel substantially in the form attached as Attachment C; (it) a Verification
of Insurance substantially in the form attached to this Agreement (Hi) a copy
of the signed Form filed with the Internal Revenue Service required in
Section 8 above as Attachment D; and (Iv) any other documents or hems
required by us.
16. Applicable Law This Agreement will be govemed by the laws, excluding
the laws relating to the choice of law, of the State of Idaho.
SIGNATURES
LESSOR
Signature
Name (print)
Title
Date
Favel .wwwsen
CATERPILLAR FINANCIAL SERVICES CORPORATION LESSEE
f ielah Burnett
Signature
Name (print)
Title
Date
rant b,..y 011a712017 641 rw m
Attachment A to Governmental Lease -Purchase Agreement
Transaction Number 3216365
PARTIES
LESSOR:
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
LESSEE:
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
DESCRIPTION OF THE UNITS
It 14
MMAdf, the fi
., .•'lei,-.; oatheModelnaih@s•3
1 New 140M2AWD Caterpillar Motor Grader
1 New 950M Caterpillar Wheel Loader
1 New 950M Caterpillar Wheel Loader
1 New 938M Caterpillar Wheel Loader
1 New 246C Caterpillar Skid Steer Loader
N Y605 14
evv3G3984 $22,247.87
EmS0No33
CV4,
i .
period; agitated
64 F03510
1 New 259D Caterpillar Compact Track Loade f (7-3
1 New 420F21T Caterpillar Backhoe Loader IA • Y D
61 ill-7
$27,993.29
$22,247.67.
$15,918.57
$8,638.90
$6.671.56
$12,151.56
$200,000.00
$185,000.00
$185,000.00
$140,000.00
$40,000.00 .
$33,000,00
$75,000.00
tg4: 74Vter.
de kj
() fllo��J
!1
SIGNATURES
LESSOR
Signature
Name (print)
Title
Date
CATERPILLAR FINANCIAL SERVICES
CORPORATION
Nielah Burnett
onnumentation Manager
LESSEE
OF MCCALL
Signature '
Name (print)
Title .
Date
gi1�l�17
ter,
65.111627...bC417a017 fol.PIArr
CUSTOMER INFORMATION VERIFICATION
(Required Document)
CAT
Financial
In our efforts to continue providing timely customer service, we need your assistance confirming the following information. If any
information is incorrect or missing, please note the necessary changes below and return this form with your signed documents. In
addition, please review the Data Privacy Notice stated below. Thank you in advance for your cooperation.
Purchase Order # for new contract•
Current Information on file
Customer Name:
Physical Address:
Mailing Address:
Equipment Location:
Business Phone:
E-mail Address:
Accounts Payable Contact
Name and Phone:
Tax Information
Sales Tax Rate:
(Please note: Sales Tax Rate,
City Limits
Please make corrections here
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
216 EAST PARK STREET
MCCALL, ID 83638
VICINITY OF MCCALL, ID
MCCALL, ID 83638, VALLEY
(208)634-3458
PBORNER@MCCALL.ID.US
0
rift'
r t
115 4.CIvc (463MetO.,1.fc ,IVI
includes all applicable State, County,"and City sales tax)
Asset outside the City Limits? Yes_ No_
Tax Exemption Status
Please indicate if you are tax exempt.
❑ Exempt*
❑ Non -Exempt
*A Tax Exemption Certificate Is required for all tax exempt customers. If you are tax exempt - please enclose a current tax
exemption certificate to be returned with your documents.
Electronic Copy Available Upon
unding
If you would like an electronic copy of your contract, please provide a ;valid email address below (one letter per line).
The information above has been reviewed and 1
accurate to the best of my knowledge with exception of any corrections as noted.
*Should the above changes apply to ALL of your contracts, OR for this contract ONLY?
❑ ALL CONTRACTS
❑ THIS CONTRACT ONLY
THE ABOVE INFORMATION HAS BEEN REVIEWED AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE WITH EXCEPTION
OF ANY CORRECTIONS AS NOTED.
Data Privacy Notice:
fj5
Customer Init a r
This notice pertains to personal data supplied; in connection with your credit application. By providing your information to
Caterpillar Inc. or any of its subsidiaries or affiliates, Including Caterpillar Financial Services Corporation (collectively
"Caterpillar", you are agreeing that the information may be shared among Caterpillar and its partners and dealers, and
used to process your applications for credit and other orders and to Imp ve or market Caterpillar products and services.
If you have any questions pertaining to this notice, please contact the Da a Privacy Coordinator at 615-341-8222.
Fnrm No. CUVFN
11116(.IIIII
55118027 *VOTf11175.00 PIA CT
CAT®
Financial
Verification of Insurance
Lessee:
LESSOR (we):
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203-0001
Sub'ect: Insurance Co ,era • e Requ
LESSEE (you):
CITY OF MCCALL
216 EAST PARK *TREET
MCCALL, ID 8363
rements
1
1. The above -named Lessor and Lessee have entered into Governmental Equipment Lease
Number 3216365 (the "Agreement'). In accordance with the Agreement, Lessee has instruc
Company
Address•
Phone No•
9f-c ` 9,61) t
Agent's Name
to issue:
-Purchase Agreement Transaction
ted the insurance agent named below:
a. Alf Risk Physical Damage Insurance on the Equipment (as defined in the Agreement) evi enced by a Certificate of Insurance and
Long Form Loss Payable Clause naming the Lessor and/or its Assignee, as loss payee.
The Coverage Required: the aggregate purchase price for the Equipment.
b. Public Liability Insurance evidenced by a Certificate of Insurance', naming the Lessor and or its Assignee as Additional Insured,
with a minimum of $1,000,000 per occurrence is required.
2. Proof of insurance coverage will be provided to Lessor or its Assignee prior to the time the Equipment is delivered to Lessee.
Model # Equipment Description
Serial #
VIN # Value Including Tax
1. 140M2AWD Caterpillar Motor Grader
2. 950M Caterpillar Wheel Loader
3. 950M Caterpillar Wheel Loader
$299,209.49
$259,730.17
$259,730.17
SIGNATURES
LESSEE
CITY OF MCCAL
Signature
Name (print)
Title
Date
Form No. « OVP4S
tt�
VL.0 (t t- S-- L,'4Vu-JY
5558027 O9/D712O17 5.09 PM CT
111166 lJ 111
Attachment for Verification of Insurance
Additional Equipment Description
Model it
Equipment Description
Serial #
VIN # Value Including Tax
4, 936M
Caterpillar Wheel Loader
$192,265.00
5. 246C
Caterpillar Skid Steer Loader
$74,039.84
6. 259D
Caterpillar Compact Track Loader
$71,961.85
7. 420F21T
Caterpillar Backhoe Loader
$119,933.19
rn.m un GOVPIS
5596o27 oMIrRol2 5:09 PIA CT
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 09/07/2017 LSAP-515588027-5
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Description Serial YIN
Due Date
Prot. No.
Amount
(1) 246C
Upon Receipt.
1
$8,636.90
Caterpillar Skid Steer Loader
Sales and Use Tax
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPRJvh,..
Account 2-4' S/I5Z1
Signature L m.n
Date ^ 8'—/?
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT
LSAP-515588027-5
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
$ $8,636.90
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Fen Mn. NVSEP
5595027 OM)7/1017 5:09 PM CT
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 09/07/2017 LSAP-515588027-_
1 ____
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Description Serial VIN
Due Date
Pint. No.
Amount
(1) 140M2AWD
Upon Receipt.
1
$27,993.29
Caterpillar Motor Grader
Sales and Use Tax
$0.00
Document Fee
$0.00
Filing Fee
$0.00
Stamp Fee
$0.00
Other Fees
$0.00
Freight Fee
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPROVAL,
Account 24 - 1 C.:0i� k
SignatureL�
Date - 3.-1-7
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT $ $27,993.29
Invoice No.
LSAP-515588027-1
Total Enclosed
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
tillituksici
559902109101!2011509 PTA CT
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 09/07/2017 LSAP-515588027-2
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Description Serial VIN
Due Date
Pint,. No.
Amount
(1) 950M
Upon Receipt.
1
$22,247.67
Caterpillar Wheel Loader
Sales and Use Tax
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPROVAL
Account
Signature
Date
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT $ $22,247.67
LSAP-515588027-2 $
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Pan No. NVSP➢
55598027 0907l/017 5U9 PIA CT
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 09/07/2017 LSAP-515588027-3
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Description Serial VIN
Der Dadbe
Ptrrt. No,
Amount
(1) 950M
Upon Receipt.
1
$22,247.67
Caterpillar Wheel Loader
Sales and Use Tax
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPROVAL
Account 2- —�
Ci jnature
Date
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT $ $22,247.67
LSAP-515588027-3 $
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Finn No. PNSEP
5595e210907/20115:09 PM CT
Caterpillar Financial Services Corporation
INVOICE
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
,.titoacriptton VIN
l r
Ptni. file.
(1) 938M
Upon Receipt.
1
$15,918.57
Caterpillar Wheel Loader
Sales and Use Tax
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
ARTMENT APPROVAL
Aecot of 2J.
;.;ttc:fore � �t
Data
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT $ $15,918.57
Invoice No.
LSAP-515588027-4
Total Enclosed
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Form No. •NSEP
55919tT 0907/10115:G9 PM CT
Caterpillar Financial Services Corporation
INVOICE
Page Date Invoice No.
1 09/07/2017 LSAP-515588027-7
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Description Serial VIN
Due flats
Pmt No.
Amount
(1) 420F21T
Upon Receipt.
1
$12,151.56
Caterpillar Backhoe Loader
Sales and Use Tax
$0.00
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPROVAL
Ae,,aunt ~ —t5.C1 52 ,
S.onature
Date -
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT
LSAP-515588027-7
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
$ $12,151.56
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Fan No. NV9EP
5569027 0907M017 5:09 PM CT
Caterpillar Financial Services Corporation
INVOICE
Page Date
Invoice No.
1 09/07/2017 LSAP-515588027-6
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Cap
Descrw Serial VIN
Due Date
PM. No.
Amount
(1) 259D
Upon Receipt.
1
$6,671.56
Caterpillar Compact Track Loader
Sales and Use Tax
gccountDEPARTMENT APPROVAL
$0.00
Signature
Date
Other
WITHOUT THE APPROPRIATE TAX EXEMPTION CERTIFICATE, APPLICABLE SALES AND/OR USE
TAX WILL BE CHARGED.
DEPARTMENT APPROVAL
Account
Signature
Ddte
Other
CITY OF MCCALL
216 EAST PARK STREET
MCCALL, ID 83638
Remit To:
PLEASE PAY THIS AMOUNT
LSAP-515588027-6
Caterpillar Financial Services Corporation
5th Floor Document Services
Doc Specialist: WESTERN STATES EQUIPMENT CO.
2120 West End Ave.
Nashville, TN 37203
$ $6,671.56
MOW
RETURN INVOICE AND CHECK FOR SPECIFIED PAYMENT(S) WITH SIGNED DOCUMENTS.
Your check will be cashed by Caterpillar Financial Services Corporation (CFSC) upon receipt, but that act will not constitute acceptance
by CFSC of the Loan, Lease or Schedule. If CFSC accepts and executes the Loan, Lease or Schedule, the proceeds of this check will
be applied to the specified payments. If CFSC does not accept the Loan, Lease or Schedule, CFSC will return an amount equal to this
check.
Fvm No. BWSEP
SY/0110401/20t7 SUB PM CT
Peret /
W WESTERN
Miff STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
SALES AGREEMENT
AGREEMENT: Q000063659-6
AGREEMENT DATE: 9/8/2017
AGREEMENT EXPIRES: 9/24/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
ITEM DESCRIPTION
2016 Caterpillar 420F2 Industrial Loader S/N: HWD01147 SMU: 8 hrs ID:E0002603
0 Delivery Freight
® New Warranty - 24 mo 5,000 hrs - GEM (Failsafe)
Caterpillar 18" HD BKT 4.2CFT 416430 D/E/F S/N: BK100702279 ' YEAR: 0 SMU: 0 ID: G034366
Caterpillar 24" HD BKT 6.2CFT 416-430 D/E/F S/N: BL170124541 YEAR: 2017 SMU: 0 ID: E0018984
Caterpillar CVP40 COMP 416-430 S/N: CRT02733 YEAR: 0 SMU: 0 ID: E0007801
PRICE
$108,825.61
$1,268.49
$1,425.37
$8,413.92
Notes
Western States Equipment
Order Received by
Title Salesman
Date
Before Tax Balance $119,933.39
Sales Tax $0.00
Trade Payoff $0.00
Downpayment $0.00
Net Due $119,9439
City Of Mccall
Approved and Accepted by
f
Title 1,1 6,1 ° ,r7
(
- t
Warranty Document Received (initial)
Date
Trade Ins: All bode -ins are subject to equipment being in as inspected condition by vendor of time or delivery of replacement machine purchase above. Purchaser hereby sells the trade in equipment described above fo the vendor and warrants it to be
free and clear of all claims, liens, and security interest except as shown above. I
Warranty: By initialing above the customer acknowledges that they have received o copy of the Western Stales Co/Caterpillar Warranty and hes read and understands sold warranty. All used equipment is sold as Is where is and no warranty's offered or
implied except as specified above.
PAGE: 1 of 8
W. WESTERN �
,V STATES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: Q0000636594
4508450 420F2 BHL IT, TIER 4, FIRC
4508616 PT, 4WD, AUTOSHIFT
4508533 HYDRAULICS, MP, 6FCN/8BNK, IT
3952942 SEAT, DELUXE FABRIC, HEATED
4508715 AIR CONDITIONER, T4
9R6007 STABILIZER PADS, FLIP -OVER
3982681 RIDE CONTROL
4470048 PRODUCT LINK, SATELLITE,PL631E
4237607 PLATE GROUP - BOOM WEAR
9R5320 CUTTING EDGE, TWO PIECE,WIDE
4218926 SERIALIZED TECHNICAL MEDIA KIT
OP0210 PACK, DOMESTIC TRUCK
4621033 RUST PREVENTATIVE APPLICATOR
2193386 BUCKET -HD 18 4.2 CFT
OP0070
1783593 PINS, SPARE
2055900 CVP40 COMPACTOR PLATE
4917486 LINES, CONNECTOR
4508730 STICK, EXTENDABLE, 14FT
4508757 ENGINE, 74.5KW,C4.4 ACERT, T4F
4508683 CAB, DELUXE
2061748 SEAT BELT, 3" SUSPENSION
3379696 COUNTERWEIGHT, 1015 LBS
4309944 INSTRUCTIONS, ANSI
3982853 LINES, COMBINED AUX, E-STICK
3982882 COLD WEATHER PACKAGE, 120V HRC
4‘147500 COUPLER, PG, MANUAL, DUAL LOCK
2823855 TIRES, 12.5 80-18/21 L-24, FS
0179003 LANE 3 ORDER
4616839 SHIPPING/STORAGE PROTECTION
2511800 BUCKET -GP, 1.31 CYD, IT
1783593 PINS SPARE
21193387 BUCKET -HD, 24", 6.2
OP0070 BACKHOE LOADER WORK TOOLS
3944922 BRACKET, MOUNTING
OP0210 PACK, DOMESTIC TRUCK
PAGE: 2 of 9
'TERMS AND CONDITIONS
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporatioin or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the mandfacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede: all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless In writing and signed by both Customer and WSECO.
2. PAYMENT TERIUIS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the, sales price and any and all other amounts owed or owing by (Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
I
Customer agrees to execute any documents required by WSECO tolevidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Customer.
Customer, upon WSECO's request, will deliver to WSECO a schedules of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of
the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO ofl all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall riot move, load, transport or otherwise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks ins O ranee on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the polidies or
certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO.
5. TIIUIE OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity.
PAGE: 3 of 9
All equipment or goods shall be subject to the standard manufactur ng and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO §hall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection lor claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered withih fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment orl goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes i unless
made in conformity with this paragraph.
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or imalied, for any equipment, product, service, or other itemsI sold or
furnished under this SA unless agreed to in writing between Custonier and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. EQUIPMENT FAILURE/LIIVIITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as;judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neg ect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or reOlacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
i
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSEOO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other i#ems or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited to that set forth in the paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code
or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally toy satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOMER: An event of default shall occur if (a) Customer fails to pay when due the sales price; (b) Customer
fails to perform or observe any covenant, condition, oragreement to be performed by it hereunder; (c) Customer ceases 'doing
business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 9
Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (i) declare the safes price
immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place end time
designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession
of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal With the
equipment or proceeds thereof, and in connection therewith WSECO may bid on the goods or equipment and that a commercially
reasonable price for said reclaimed equipment may be determined by WSECO based upon current national auction values, market
trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or
lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price
after application of all amounts received from the exercise of its rights under this SA; and (vi) all rights and remedies of a secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singLilarly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, includingwithout
limitation reasonable attorney's fees and costs and all costs of reclaim ng the goods, whether or not legal action is commenced.
14. JURISDICTION AND VENUE:: This SA and the relationship between WSECO and Customer shall be governed and cohstrued
according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to
establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any
court originally acquiring jurisdiction.
15. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. n such
case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to
Caterpillar/WSECO to better serve the Customer and to improve upon Caterpillar products and services. This data may include, but. is
not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed
attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise
reasonable efforts to keep the information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Customer
agrees to allow this data to be accessed by Caterpillar and WSECO wi hin normal, accepted business practices.
The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer' to the
obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to
enter into this SA with WSECO on the terms herein.
GUSTO
By:
�ER: Lk
'1-1-1_ >i �.l_. 1,k6,1_ Y
Print ()lame:_ mot' r't �'r;,;l';.%!'4
rr��
Title:_ AA
r
Date: LI f I Li
W ESTE7T
By:
Prirft
TES EQUIPMENT COMPANY
ame. 4:4
Title: Salesman
Date:
PAGE: 5 of 9
STANDARD VARRANTY AND. APPLiCATION FOR
EXTENDED COVERAGE FOR:_ CATERPILLAR PRODUCTS
The Caterpillar equipment owner_ identified below("Owner") hereby applies to Western States Equipment for Standard or Extended Coverage In
accordance with the teens as set forth In this document, for the Caterpillar product identified below. Owner deslres the' Standard or Extended
coverage options) listed below:,
COVERAGE EXPIRATION.-. FIRST TO.OCCUR .(MONTHS OR HOURS) - Munths after retail purchase (less duration of rental,
demonstration, or other if any, prior to the first purchaser or lessee)
Standard Warranty period tased:on Caterpillar guidelines
OWNER!! NAME_
CityCf Mccall
OWNER. ADDRESS; :CITY and ZIP .CODE
216.E Park St McCall, ID 8303873832
OWNER PHONE
EXTENDED WARRANTY COVERAGE
New Warranty - 24 rno:5,000 hrs 8, GEM (Faiisefe)
'MODEL
420E2
TRANSFER;. The unexpired n Of. the._ Standard. or Extended Repair Coverage maybe transferred with Western States Equipment approval
(See.section F on back for complete details)'.`Compiete the section below to request transfer.
PRODUCT
DESCRiP.TION,
420F2 Industrial Loader
DATE: q%ct/ll
for the coverage requested and the. applicable, charge for extended coverage has
;SERIAL NUMBER DELIVERY DATE'
HWD01147`
IMPORTANT NOTE TO OWNER: Compiete terms of Standard or Extended Coverage are set to M on thls•document. Please read all pages .
carefully before signing YOURS RIGHTS AND REMEDIES.IN CONNECTION WITH. STANDARD OR EXTENDED COVERAGE ARE
LIMITED AS INDICATED:ON_ ALL PAGES OF THIS DOCUMENT. CATERPILLARPRODUCTS CARRY -
MERCHANTABILITY OR FITNESS. STANDARD WARRANTY 4R EXTENDED COVERAGE S witIN NO IMPLIED WARRANT Y =0R
INSURAN¢Eti
ACKNOWLEDGEMENTS:1. have read and_understand the terms, Including•Ilmitations'end ezciusione, of Standard or Extended Coverage, and
understand#hat ills not insurance. i also understand that the coverage i for herein is not effective uniess-and until I paythe;applicable
Charge for this extended.covera_ge.- nderstandthe SOS re uire_ments: -' jinitial) ,
OWNER/LESSEE SIGNATURE:
The,ewner and product identified -,'q it nieeCall
been paid. -
DEALERSiGNATURE: DATE:' %�.j"
Purchase Application
Q `ccONEEpiAt.,
O FORESTRY
Er _WASTE.
0 GOVERNMENTAL.
O AG .
PURCHASER NAME
ADDRESS (STREET, RR)
DATE MACHINE SOLD
DATES INSPECTiON,COMPLETED &APPROVED .
TRANSFER HOUR METER
READING
(CITY/TOWN)
SIGNATURE OF NEW
BUYER
(STATE) I
(ZIP CODE).
DEALER CONFIRMATION
By signing this agreement l agree to the terms on the foilowing pages.
PAGE: 6:of 9
CATERPILLAR STANDARD WARRANTY
i
I
General Provisions: Caterpillar warrants the products sold by it, and operating ithin the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc, 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is d months, starting
from date of delivery to tho first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steor loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of, delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufaCtured, or
Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty •
bocome the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Partsshipping
charges in excess of those which are usual and customary (air freight). 6) Cost to investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs ,
associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stored data. I0) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE
A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of
the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard",
"Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are
defective in material or workmanship, object to the terns and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise :stated below or as stated within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Schedu ed Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals, An Extended Coverage Contract is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result in shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine'
including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2)
TIRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: Includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only if they also provide steering. 10) STEERING CkUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped. 11) DIFFERENTIAL STEERING COMPONENTS: Includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR Di31VE MECHANISM: on paving profilers, reclaimers' and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes powor shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train
Plus Hydraulics coverage includes all of the above listed items under Power Train for the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and
supplemental), 6) HYDRAULIC CYLINDEIBS: steering, suspension, and implement hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that make up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL COOLERS: steering and implement.
Full Machine Extended Coverage: All of the listed items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the faco of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also Include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined by:
Scheduled Hours Available for Work (numerator)
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availability is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours imitation selected, whichever occurs first. Extended Coverage is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage Is transferred to a subsequent end use purchaser of the product in accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below.
Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option.
Form i/SVC15-0 8/05/2011
PAGE: 7 of 9
B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings, and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in
the field, if travel time and mileage/hauling option is not included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer.I8) Western States Equipment will not be responsible for repairs, 'cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance set forth by the lube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended'
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe
operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of Its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product.
D. LIMITATIONS OF WESTERN SPATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch,
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
i
Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287
Lewiston, ID 800-842-2225 Pasco, WA 800-633-2287
Meridian, ID 800-8s2-2287 Spokane, WA 800-541-1234
Pocatello, ID 800-832-2287 Hayden, ID 208-762-6600 (Not a toll free number)
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-15 12
LaGrande, OR 800-963-3101
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent tr�d use purchaser receives Western States Equipment's written
confirmation of the transfer, 4) The use of the product by the subsequent end else purchaser remains in the Initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group.
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the intent to
cancel coverage to the nearost Western States Equipment branch.
H. COVERAGE AFFORDED UNDER 'THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.,
OBLIGATIONS OFTHE MACHINE SERVICE CONTRAC:TPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF: OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY.
B. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON
BEHALF OF THE OBLIGOFI ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATEFIPILLAR INSURANCE: COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS, NOT
RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT THE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248-4228
Form itSVC15-0 8/05/2011
PAGE: 8 of 9
gITERPILLAR"
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Comprobante Del Servicio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR, CODE
MODEL
MACHINE SERIAL NO.
HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MODEL°
N/S MAGUINA
HORAS
FECHA DE ENTREGA
N/S MOTOR
H510
420F2
HWD01147
8
BUC <E'r, DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
ACCESORIOS INSTALADOS• CUCHARON, HOJA, DESGARRADOR. MALACATE,
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mfr. & Model or Part No,
Fabricanto y Moclolo o WP
18" HD BKT 4.2CFT 416-430 D/E/F
Mfr. & Modol or Part No,
Fabricanle y Modelo o N/P
24" HD BKT 6.2CFT 416-430 D/E/F
Mfr. & Model or Part No,
Fabricanle y Modelo o N/P
CVP40 COMP 416.430
Mfr. & Model or Part No,
Fabricanle y Modelo o N/P
Serial No.
NUS Bf<100702279
Serial No.
N/s BL170124541
Serial No.
N/S CRT02733
Serlal No.
N/S
Customer Namo (Ploaso Print) CityOf Mccall
Nombro dol Cliento (con lotra do impronta)
Dirocci6n postal complola
216 E Park St McCall, ID 83638-3832
Country USA
pats
Delivery service on this machine has been completed, Including the following Items. Check{ ) when each Item Is completed.
El servicio de entrega de este maqulna se ha completado Indus° los puntos slgulentes, Marque( ) cada punto que complete.
❑ I Opornlion Guido d°livnrrd with machlnc and opnmiing centrals and warning labels oxplalned to user,
Sn nn:rog6 con Ia mA, mina Lr Guia do c?nnrnri6n y so °.plir.6 nl usuado la opamct6n de Ios controlos y Ios r6lulos do advortencia.
11 2. So onlrog6 cn 16,(Imd prk n In Gui1, ('pulp° vnnigi y so o plise al usom olel slervicid de co sarvacl6nnin(uslaa M nl el do lluldos
Usor's Signaturo
Firma dot usuario
Dellvery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Mnko surn all pending Saloly Product hnprnver-enl
Programs (PIP) havo been completnd.
1-7 Mnkn stun all vocessary loons and litermure ern available.
❑ All (locals mo Installod.
❑ All ohnehments ern Inslallndrm �i'labin.
❑ Install shipping/son/Ica lock pins in lire suppression
syslom tit ecuipood) whon Irnnspading machine.
Dir. Rep. Signature
Firma del reppresentante
dol distribuidor
❑ 3. Parts Book delivered with machine.
Se onlrog6 con la mdqulno al CalAlogo de Plazas.
4, All Items on Delivery Checklist have boon completed.
So hlzo lodo to Indicado en el Comprobante de Entraps
(No, do Foma 01-085314-03).
At delivery area with customer (owner, operator);
❑ Explain Pprls Book.
• Explain a I warning Mots on machine,
❑ Show location of all soda! numbors on machlnc.
Lubrication and Maintenance.
❑ Explain Maintenance Guido.
❑ Instruct how to use lubrication and maintenance chart.
❑ Snow all lubrication points on the machtno and altachmonls.
LIsta de Comprobacion SIGUE nl. DORSO
1=n la distribuistota
❑ Asoguresa quo so rnmpinlmnn los prrigramas pondtontos do
moforas nl produclo porn linos de senuridnd (PIP),
❑ Asogmasn quo hay disponibtes Was Ins forms y follolos
necnsarios.
❑ So bon puoslo loda Ins otiquntns.
❑ Todos los nccasorlos °shin InslnladosAllsponiblns.
❑ Sn hen inslalado Ios pnsndores do tmbn pain nmbarqunrservicio
en al slstoma suprnsnr do Incondins (si Ilona) al transporter In
mdquinn.
01.0053I4.09(3515)
En el lugar de entrega. con el cliente (propietario. operador),
❑ Expllcar of Caldlogo do Plazas.
❑ Expllcar lodos los dilutes do advorlencle de la mdqulno.
❑ Mosher ublcacl6n do lodoe las n6meros de serie on le mdquina.
Lubrlcocl6n y Conservacl6n
❑ Expllcar la auto de CanseNocldn.
❑ Indlcnr canto se u111iza el cuadro do lubricacldn y conservnclbn.
❑ Moslrar todos los puntos do lubricnclan de la mdqulno y accesorlos.
PAGE; 9 of 9
City of McCall
216 B. Park Street
McCall, Idaho
83638
Dear Valued Customer;,
Please accept this letter as a guarantee
Serial 1%...Tumbe.r H.WD01147... This • "
Watranty. We agree to purchase this un
75,000 baited- on a tn*iirmin of 5,00
ekcieded the abeVemaChine Will.be app.
Lessee agrees•that each Unit, upOnits re
•
I. . Be inSound mechanical condition a
2. Have: the attachments and pi
1. a. liavelires in safe and:operable
-remaining tread life and all of
k Have a minimum of forty perce.
components handing track AO
rollers, frit& rollers;
4. Haveno Cracked or broken glass;.
• 5. Have no missing theettletal and •
6: Have no -Structural dentage tofrarne.
7. Have metthefiffrr,q6irement of the
• prescribed intervala.
• S. 'Have no -damage or modification to
guidelines', repair or replacement of
We require thirty.(30) :days- written notice
above.deseribed.equipmentta We -stem S
If you have any questions, or if we may b
• It is understood that under this agreement
compliance before this re -purchase afire
be repaited-rmd billed to City ofMcCali
Ol§itairy Oghed by Kelly bison
Vif Date:017.09:111.6:27.:65
-06.00.•
September_ 13, 2017
purchase of your Caterpillar Model 420F2 Backhoe Loader
tee is made in.conjUnetion with the Governmental Failsafe
. front you at the end of the fiRh year for the amount of
S.M.U.N. If thetime period or service meter Unit limits are
sed to determine.a new Value.
shall:
:to be in good working order under ftill *load.
partS as. when delivered.. .
attic* widisa•mininium of (40%) ofwear
same style (no recaps).OIt
•
. •
(40%)life remainMgen all undercarriage .
s, links, pins and buSbingS, idlers, bogies, sproCketsicanier
damage to sheet metal;
my pmcedures,- inchtding scheduled oil sampling. at the
chine BOPS (roll overprotection -structure) per. Caterpillar
OPS will be billed.attime'bfretunt.
you choose to exercise this guarantetand transfer title of the. •
tes Equipment Company.
of further' asSistintee, please call. •
hat the ”termsofreturn" bentet and/or broughtitito
ent will be fitlly executed; Items that are out of compliance will
. Kelly Olson •
Viet President, Finance
-
ttiliorized Signe •
WESTERN
UV STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
NsAA-zsc�5
SALES AGREEMENT
AGREEMENT: Q000062186-3
AGREEMENT DATE: 9/7/2017
AGREEMENT EXPIRES: 9/13/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
ITEM DESCRIPTION
2M.7 Caterpillar 140M3 AWD Motor Grader S/N: N9J00594 ID:E0018369
• Delivery Freight
• New Warranty - 60 mo 5,000 hrs - GEM (Failsafe)
MISC Make PPLATE S/N: WS-E0018242 YEAR: 0 SMU: 0 ID: E0018242
PRICE
$299,209.49
$0.00
Notes
Before Tax Balance
Sales Tax
Trade Payoff
Downpayment
Net Due
$299,209.49
$0.00
$0.00
$0.00
$299,209.49
Western States Equipment
Order Received by
Title Regional Sales Manager Date 74g7/7
—% r
City Of Mccali
Approved and Accepted by
Title AA-Oc.a(.�/
U
Warranty Document Received (initial)
Trade Ins: All frede-Ins are subject to equipment being in as inspected condition by vendor at lime of delivery of replacement machine purchase above. Purchaser hereby sells the trade in equipment described above to the vendor and warrants it to be
free and dear of ell claims, liens, and security interest except as shown above. I
Warranty: By initiating above the customer acknowledges that they have received a copy of the Western Slates Co/CaterpillarWanaLy and has reed and understands said warranty. All used equipment is sold as Is where is and no warranty is offered or
implied except as specified above.
S
PAGE: 1 of 9
WA/WESTERN
MT STATES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: Q000062186-3
3845805140M3 AWD MOTOR GRADER
2497845 TIRES,14.0R24 MX XSNO+"G2 MP
3245328 DRAIN, GRAVITY, ENGINE OIL
3493048 MOLDBOARD, 14' PLUS
3593925 MOUNTING, FRONT LIFT
3686239ARTICULATION GUARD
3806775 PRECLEANER, SY KLONE
3859297 GLOBAL ARRANGEMENT,LOW AMBIENT
3861254 LANGUAGE, ENGLISH
3944524 COLD WEATHER PLUS PACKAGE AWD
3961966 SNOW ARRANGEMENT
3977457 CAB, PLUS (INTERIOR)
4646442 PRODUCT LINK, CELLULAR PLE641
4900672 CONTROL, INDUCEMENT OVERRIDE
OP1939 ANTIFREEZE WINDSHIELD WASHER
OP9003 LANE 3 ORDER
COUNTERWEIGHT - 2,000 Ibs
NOT FOR RETAIL SALE PER DYKE
2495516 HEATER, ENGINE COOLANT, 120V
3240889 RIPPER/SCARIFIER
3440984 MIRRORS, OUTSIDE HEATED 24V
3589338 ACCUMULATORS, BLADE LIFT
3662459 GUARD, TRANSMISSION
3803070 LIGHTS, SERVICE, INTERNAL
3858099 BASE + 4 (WM,WT FLOAT,FL,RIP)
3859554 CAB, PLUS (STANDARD GLASS)
3941492 SEAT BELT
3953547 STARTER, ELEC, EXTREME DUTY
3963921 CAMERA, REAR VISION
4429940 DECALS, ENGLISH (U.S.)
4698160 COOLANT, 60/40, -51C (-60F)
4923595 CONTROLS, PERFORMANCE BUNDLE
Op2265 ROLL ON -ROLL OFF
WT-ALLIED WT ALLIED
PUSHPLATE FOR 140/160 GRADER
PAGE: 2 of 9
i
I
I
TERMS AND CONDITIONS
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) tie execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless in writing and signed by both Customer and WSECO.
2. PAYMENT TERMS: Customer agrees to pay the sales price forte equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the sales price and any and all other amounts owed or owing b}) Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to file financing statement(s) evidencing this secrity agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
Customer agrees to execute any documents required by WSECO to evidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Customer.
Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of
the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to brotect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or
certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO.
5. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimatjes only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity.
PAGE: 3 of 9
All equipment or goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered within fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless
made in conformity with this paragraph.
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or
furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other( items or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited Ito that set forth in the paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO' is not responsible for meeting any federal, state, local or municipal code
or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO� The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond SECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrlees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOMER: An event of default shall occur if (a
fails to perform or observe any covenant, condition, or agreement
business as a going concern, makes an assignment for the benefit
i Customer fails to pay when due the sales price; (b) Customer
to be performed by it hereunder; (c) Customer ceases doing
of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 9
Upon the occurrence of any event of default, WSECO may exerc se the following rights and remedies: (i) declare the sales price
immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place and time
designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession
of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the
equipment or proceeds thereof, and in connection therewith WSECO may bid on the goods or equipment and that a commercially
reasonable price for said reclaimed equipment may be determined) by WSECO based upon current national auction values, market
trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or
lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price
after application of all amounts received from the exercise of its rights under this SA; and (vi) all rights and remedies of a secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, including without
limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced.
14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed
according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and principal place of business, wll erein the parties acknowledge having done business sufficient to
establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any
court originally acquiring jurisdiction.
15. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. In such
case, Customer understands data reflecting the machine performance; condition and operation is being transmitted to
Caterpillar/WSECO to better serve the Customer and to improve upon Caterpillar products and services. This data may include, but is
not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed
attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise
reasonable efforts to keep the information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Customer
agrees to allow this data to be accessed by Caterpillar and WSECO wiithin normal, accepted business practices.
The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer to the
obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to
enter into this SA with WSECO on the terms herein.
1.
CUST7M R: l ib f t` WESTERN ,,►TES EQ PMENT COMPANY
Print/r e: i' 4 /'/ i ;1 r: } Print Name: Ate) el M.
1
Title: titA_ ca
Date: czi/`./�l l
Title: Regional Sales Manager
Date:
ps.7/7-
PAGE: 5 of 9
WWESTERN
VALT STATES
CAT
STANDARD WARRANTY AND APPLICATION FOR
EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS
The CaterPillar equipment owner Identified below ("Owneil hereby applies to Western States Equipment for Standatd or Extended Coverige In
accordance with the terms es set forth In this document, for the Caterpillar, product Identified below. Owner desires the Standard or Extended
coverage option(8) listed below:
COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS OR HOURS) = Months after purchase (lett :duration of rental,
demonstration, or other usegedf any, prier to the first purchaser or lessee
Standard Warranty period based on Caterpillar guidelines
OWNER's NAME OWNER PHONE
City Of Mccall
OWNER ADDRESS, CITY and ZIP CODE
216 E Park St McCall, ID 83638-3832
EXTENDED WARRANTY COVERAGE
New Warranty- 60 mo 5,000 hrs & GEM (Failsafe)
MODEL
140M3 AWD
PRODUCT
DESCRIPTION
140M3 AWD Motor Grader
HOUR METER
0
SERIAL NUMBER
N9J00594
DELIVERY DATE
.IMPORTANT ,NOTE TO OWNER: Completiatetinsi of Standard or Extended Coverage are set forth on thls darCument: Please teed ail lieges
carefidly before signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WITH STANDARD OR:EXTENDED COVERAGEARE -
LIMITED AS INDICATED ON ALL PAGES OF THIS DOCUMENT. CATERPILLAR PRODUCTS CARRYNO IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS. STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT INSURANCE,
.. . .. . .
ACKNOWLEDGEMENTS: I have reed and understand theternit, inclaiding Ihnitations and exclusions, of Standard or attended COverage, and
.
understand that it Is not insurance; I alio understand that the coyerag • for herein is not effective unless and until I paythe applicable
charge, for this extended covera ride:Stand theSOS'reqttirements dnitiel) .
DATE:, qpi./11-7
. ..
uirements or the coverage requested and the appliCtible 'Charge lot eaten ed coverage has
"e:k.„ DATE: /e0 f,„> •
OWNER/LESSEE SIGIIATUR
The owner and product identifl
been paid.
DEALER SIGNATURE :
TRANSFER: The unexpir portion of the Standard or Extended Repair Coverage may be transferred with Western states Equipme t approval
(see section F on back for complete detains). Complete the section below to request transfer.
Purehase ApplIcatlen
PURCHASER NAME
DATE MACHINE SOLD
DATES INSPECTION COMPLETED 4 APPROVED
a COMMERCIAL
ADDRESS (STREET, RR)
(CITY/TOWN)
(STATE)
(ZIP CODE)
a FORESTRY
it WASTE
TRANSFER HOUR METER
READING
SIGNATURE OF NEW
BUYER
-
DEALER CONFIRMATION
a GOVERNMENTAL
• Ad
By signing this agreement I agree -to the teens on the following pages.
PAGE; 6 of 9
CATERPILLAR STANDARD WARRANTY
General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is b months, starting
from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or
Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty
become the property of Caterpillar. Owner Responsibilities: The user is respons ble for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping
charges in excess of those which are usual and customary (air freight). 6) Cost to investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs
associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stored data. 10) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE
A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of
the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard",
"Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are
defective in material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Scheduled Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contact is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result �n shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine
including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2)
TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only If they also provide steering. 10) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped, 11) DIFFERENTIAL STEERING COMPONENTS: includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reclaimel.s and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes power shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train
Pius Hydraulics coverage includes all of the above listed Items under Power Traiq for the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and
supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and impleme q t hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that make up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL COOLERS: steering and implement. I
Full Machine Extended Coverage: All of the listed items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined by:
Scheduled Hours Available for Work (numerator)
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availability is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage is transferred to a subsequent end use purchaser of the product in accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below.
Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option.
Form #SVC15-0 8/05/'2011
PAGE: 7 of 9
B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating Instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings, and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in
the field, if travel time and mileage/hauling option is not included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer. 8) Western States Equipment will not be responsible for repairs, cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance set forth by the lube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe
operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product.
D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287
Lewiston, ID 800-842-2225 Pasco, WA 800-633-2287
Meridian, ID 800-8s2-2287 Spokane, WA 800-541-1234
Pocatello, ID 800-832-2287 Hayden, ID 208-762-6600 (Not a toll free number)
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-15 12
LaGrande, OR 800-963-3101
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written
confirmation of the transfer. 4) The use of the product by the subsequent end use purchaser remains in the initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group.
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage:1) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refbrid of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Pr or to cancellation owner/lessee must provide written notice of the intent to
cancel coverage to the nearest Western States Equipment branch.
H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.
OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY.
I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON
BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT
RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT THE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 18001248-4228
Form #SVC15-0 8/05/2011
PAGE: 8 of 9
CITERPILLAR®
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
1-1 Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Comprobante Del Servicio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR. CODE
MODEL
MACHINE SERIAL NO.
HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MODELO
N/S MAOUINA
HOUAS
FECHA DE ENTREGA
N/S MOTOR
H510
140M3 AWD
N9J00594
0
ATTACHMENTS INSTALLED; BUCKET, DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
)4CCESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE,
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Customer Name (Please Print) CityOf Mccall
Nombre del Cliente (con tetra de imprenta)
Direcci6n postal complete
216 E Park St McCall, ID 83638-3832
Country USA
pars
Delivery service on this machine has been completed, Including the following Items. Check{ ) when each Item is completed.
El servicio de entrega de esta mdquina se ha completado Indus° los puntos siguientes, Marque, ) cada punto que complete.
❑ i4. Operation Guide delivered with machine and operating controls and warning labels explained to user.
Se enlreg6 con la m6quina la Gula de Operacien y se explic6 al usuado la operad6n de los conlroles
los r6lulos de advertencla.
❑ p, Maintenance Guide delivered with machine and malntenance service, fluid levels and adjustments explained to user,
Se enlreg6 con la m6qulna le Gula de Conservaci6n y se explic6 al usuario el seMGo de conservacl6n, *etas y nivel de Iluldos
User's Signature
Firma del usuario
Delivery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Make sure all pending Safely Product Improvement
Programs (PIP) have been completed.
❑ Make sure all necessary forms and literature are available.
❑ All decals are Installed.
❑ All attachments are Installed/available.
❑ Install shipping/service lock pins In fire suppression
system (if equipped) when transporting machine.
❑ 3, Parts Book delivered with machine.
Se enlreg6 con le m6qulna el Catdlogo de Plazas.
4, All Items on Delivery Checklist have been completed,
Se hlzo todo to indeed° en el Comprobante de Entrega
(No. de Foma 01-085314-03).
Dir. Rep. Signature
Firma del reppresentante
del distribuldor
At delivery area with customer (owner. operator);
❑ Explain Parts Book.
❑ Explain all warning labels on machine,
❑ Show location of all serial numbers on machine.
Lubrication and Maintenance.
❑ Expla n Maintenance Guide.
❑ Instruct how to use lubrication and maintenance chart.
❑ Snow all lubrication points on the machine and attachments.
Usta de Comprobacibn SIGUE AL DORSO
En la distribuidora
❑ Asegurese que se completaron los programas pendlenles de
mejoras el product° pare tines de seguridad (PIP),
❑ Asegurese que hay disponibles todos las formes y loHetes
necesados.
❑ Se han puesto lodes las eliquotas.
❑ Todos los accesorlos es16n Instalados/disponibles.
❑ Se hen Instalado los pasadores de baba para embarque/serviclo
en el sistema supresor de Incendlos (sl tlene) al Iransporlar la
m6quina.
En el lugar de entrega. con el cliente (propietario. operador),
❑ Explicar et Catdlogo de Plazas.
❑ Explicar todos los °Mules de advertencla de la m6quina.
❑ Moslrar ublcacien de todos los nOmeres de cede en la m6qulna.
Lubrlcacien y Conservaci6n
❑ Explicar la Gula de Consenmel6n.
❑ Ind!carcemo se utilize el cuadro de Iubdcaci6n y conservacl6n.
❑ Mostre todos los puntos de lubrlcaclan de la m6qulna y accesorlos.
01.085314.09 (3515)
PAGE: 9 of 9
rrIlirgliRirt!
City of. McCall
216 E, ParkStre,et
McCall, Idaho
83638
CaT
September 13, 2017
Deaf Valued Oustruner,
Please accept this letter' as a guarantee .-Fc rpurcliase of yourtateipillar Model 140M1Motor Crider
Serial Number N9,100594 . ThiStuaxnteeit made in conjunction with the Govetnnientalyailtafe
Warranty. We agree' to.purehaso.this rid t from you at the the • fillh year • flit the amount of
$ 200,000 based on a rriaXithijiir Of 5,(E) Ifthetime period or service meter unit -Inks ate •
exceeded: the.above machine' will be agi raised to determine: a neW-value.
Lessee agrees that eabh Unit, :upon itst. Um, shall:
1, BC in sound mechanical conditiOn tole in good working order underfrill load.
2. HaVellie-satrieattirchnicrits and pin e•patis as when delivered.
.1. a: HaVe tires. in safe and operable 62ondition witlya roillimuna •of (40%) of wear •
rentaining.tread life and all of the tame kyle (no recaps).;
OR
. b. Have a minimum of.forty percent 00%) lifeTemainingori-all undercarriage
eoraponents including:track shoe's, lialts,pins and bushings,.idlers, bogies, sprockets, carrier
• rollers, track rollers; •
4. :Haye no cracked or broken- glass;
5. }live lid missing sheet metal and. ail! damage to sheet metal;
..14aVc.riO.'Structural damage to frame. •
. Have met the full of tic yilirrantyprocedures, ifichiding .schediiled oil sampling at the
prescribed intervals. • .
8. Hive" nti'damage.orModificationto ,nachine ROPS (toll everproteetionstructure) per Caterpillar
guidelines, repair or repine-emelt' o= 3.0PS will be. billed at time of return.
•
We require thirty. (30) days .written notice. if you choose to exercise this guarantee. and transfer title of the
above -described equipmentto Westetri 3iiitesEquipment Compaq,
If you have Einy'questions or if We may") - of father assistance; please- call.
•
It is imderstcibd thatunder this agreementr. thatthe.."terms of return" will be•inetand/or•brought into
compliance before. this requirchate agree-rientwill befully. executed. Items that..are. out of cdnipliance will
be repaired and to.City.of MCCall
Shicettly, •
Digit* slined byl(e1VOTio
,3/ r.11"..x.t., Date:2017.0.13 16:21:45-0
Kelly Olson
Vice' ident, Finance
ykc-
Use
Manager •
Q. 47
STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
SALES AGREEMENT
AGREEMENT: Q000062134-3
AGREEMENT DATE: 9/7/2017
AGREEMENT EXPIRES: 9/13/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
ITEM DESCRIPTION
2.017 Caterpillar 246D Skid Steer Loader
o Delivery Freight
O New Warranty 60 mo 5,000 hrs - GEM (Failsafe)
• EMS Basic
Caterpillar 72" GP BKT ,57CYD SSL S/N: A4174BK21624 YEAR: 2017
Caterpillar WT-SSL Build S/N: TBD VUTSSLBLD
S/N: BYF03570 SMU: 3.557502846 hrs ID:E0019069
SMU: 0 ID: E0021758
PRICE
$59,458.24
$1,366.40
$13,215.20
Notes
Western States Equipment
Order 'Received by
Title Salesman
Date
Before Tax Balance
Sales Tax
Trade Payoff
Downpayment
Net Due
City Of Mccall
Approved and Accepted by
A1_, %(4,.,{n/
Title
$74,039.84
$0.00
$0,00
$0.00
$74, 039.84
Date
Warranty Document Received (initial)
Trade Ins: All trado.ios am sublett to eotrirman! Wm; in as §es;: °c.'^rl pond?ion by vendor al limo or delivery of replacement machine purchase ahoy°. Purcha.sor hereby sells tho hada rn equipment described ahoy° to the vondor and warrants it to bo
free and clear of all claims, lions. and securily it:!or±.st anop! as ,shown above.
Warranty: ny inG!'a5n7 atom Ito ruslomer acknowMgos that !boy haw) received a copy of lho Western Stales Co/CaterpillarWarta, ty and has road and understands said warranty. All °sod equipment is sold as is where is and no warranty is offered or
tutor! as .soecirod above.
PAGE: 1 of 9
3
„4„/ VVESTERIl
VAIY STATIES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: 0000062134-2
3455246 246D SSL TIER 4 FINAL FIRC
2584096 SEAT BELT, 3"
3454919 ROPS, ENCLOSED WITH A/C (C3)
3455148 COUNTERWEIGHT,MACHINE,EXI'ERNAL
3456240 DOOR, CAB, GLASS
3888146 INSTRUCTIONS, ANSI, USA
4210340 CONVERSION ARRANGEMENT
4358955 PACKAGE, PERFORMANCE (I-12)
4813908 BATTERY, XTRA HVY DUTY, DISC
4866957 FAN, COOLING, DEMAND
5158590 QUICK COUPLER, HYDRAULIC
4218926 SERIALIZED TECHNICAL MEDIA KIT
OP9002 LANE 2 ORDER
2.795373 BUCKET -GP, BOCE 72"
3818310 PC205B COLD PLANER
2520346 TIRES, 12X16,5 CAT 14PR XD
3453556 HEATER, ENGINE COOLANT, 120V
3454929 TWO SPEED WITH RIDE CONTROL
31456180 RADIO, AM/FM, BLUETOOTH
3456359 SEAT,AIR SUSPENSION,CLOTH,HEAT
d169265 DISPLAY, ADVANCED, LCD, CAMERA
4223445 FILM, RIDE CONTROL, ANSI
411414819 PRODUCT LINK, CELLULAR PL641
4850412 CONTROL, ISO, PROP, WT
41951672 LIGHTS, HALOGEN
5222549 CERTIFICATION ARR, (US/CANADA)
OP0210 PACK, DOMESTIC TRUCK
Op0096
OQ0096 SKID STEER LOADER WORK TOOLS
PAGE: 2 of 10
TERMS AND CONDITIONS
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer' to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede; all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless in writing and signed by both Customer and WSECO.
2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTEREST, AUTHOFIIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to filo financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
Customer agrees to execute any documents required by WSECO WI evidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable; attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Customer.
Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or anymaterial part of
the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or
certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO.
5. TIIVIE OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Cus omer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the: contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
G. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or broach and shortage in shipment is notl deemed to constitute a nonconformity.
PAGE: 3 of 10
All equipment or goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered within fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation sfjall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless
made in conformity with this paragraph.
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or
furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
1
9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any 'rreason, the equipment does not perform satisfactorily, as judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment hhas failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other items or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited to that set forth in the paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES of this SA. WSECO is not responsible for meeting any federal, state, local or, municipal code
or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance if the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally tb satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOIV1ER: An event of default shall occur if (a) Customer fails to pay when due the sales price; (b) Customer
fails to perform or observe any covenant, condition, or agreement to be performed by it hereunder; (c) Customer ceases doing
business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 10
Upon the occurrence of any event of default, WSECO may exerc se the following rights and remedies: (i) declare the sales price
immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place and time
designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession
of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal; with the
equipment or proceeds thereof, and in connection therewith WSE 10 may bid on the goods or equipment and that a commercially
reasonable price; for said reclaimed equipment may be determined by WSECO based upon current national auction values, market
trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or
lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price
after application of all amounts received from the exercise of its rights under this SA; and (vi) all rights and remedies of a secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, including without
limitation reasonable attorneys fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced!
'14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed
according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to
establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any
court originally acquiring jurisdiction.
I
'15. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. In such
case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to
Caterpillar/WSECO to better serve the Customer and to improve upon Caterpillar products and services. This data may include, but is
riot limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed
attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise
reasonable efforts to keep the information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Cstomer
agrees to allow this data to be accessed by Caterpillar and WSECO w thin normal, accepted business practices.
The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer, to the
obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to
enter into this SA with WSECO on the terms herein,
. By:_�. �
1)rint5me: t
t
Title:.>}}-C:w:
Date: i ? I `-t I1
WESTER i`PTES OUIP ENT COMPANY
By:
Print N me: ag,'7/en
Title: Salesman
Date: /,e,/
PAGE:I5 of 10
Inf WESTERN
TAIU STATES
STANDARD WARRANTY ANDAPPLICATION FOR
EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS
The Caterpillar equipment owner. Identified below ("Owner") hereby applies to Western States Equipment for Standard or Extended Coverage In
accordance with. the terms asset forth In this document; for the Caterplilarproduct identified below. Owner desires the Standard or Extended
coverage option(s) listed below:
COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS ,OR HOURS) - Months after retail purchase (iess.duratian of rental,
demonstration,_ or other usage, tr. any, prior to the first purchaser or lessee)
Standard Warranty period based on Caterpillar guldelines
OWNER'S -NAME
City of Miscall
OWNER ADDRESS, CITY and ZIP CODE
216 E Park St McCall, ID 83638-3832
OWNER PHONE
EXTENDED WARRANTY COVERAGE
New Warranty = 60 mo 2,500 hrs & PREMIER
MODEL
246D
PRODUCT
DESCRIPTION
246D Skid Steer Loader
HOUR METER
3,557602846
SERIAL NUMBER
BYF03570
DELIVERY DATE
IMPORTANT NOTE TO OWNER: Complete terms .of Standard or Extended Coverage are set forth on this document. Please read all pages
carefully before signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WiTH STANDARD OR EXTENDED COVERAGE ARE
LIMITED A$ INDICATED ON ALL PAGES:OF THIS DOCUMENT.' CATERPILLAR PRODUCTS CARRY NO IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS. STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT INSURANCE,
ACKNOWLEDGEMENTS: i have read and understand the terms, including limitations and exclusions, Of Standard or Extended Coverage; and
understand that It is not insurance. i also understand that the coverage for herein is not effective unless and until 1pay the appitceble.
charge for this extended coverage. I understand the SOS re uirements
OWNER/LESSEE SIGNATURE :
The owner and product identified
been paid.
DEALER SIGNATURE :
TRANSFER: The unexpire
(see section F on back tors
PurchaseApplicatlon
• COMMERCIAL
b FORESTRY
❑ WASTE
❑ 'GOVERNMENTAL
El AG
.(Initial)
DATE: >�� th
for the coverage requested and the. applicable charge for extended coverage,has
DATE: fej,4ion of the Standard or Extended Repair Coverage may be transferred with Western States gment approval
Mete details). Complete the section below to request. transfer.
PURCHASER NAME
ADDRESS (STREET; RR)
DATE MACHINE 'pop
DATES INSPECTION COMPLETED & APPROVED
TRANSFER HOUR METER
READING
(CITY/TOWN)
SIGNATURE .OF NEW.
BUYER
(STATE) I (ZIP CODE)
DEALER CONFIRMATION
By signing this agreement I, agree to the terms on the following pages:.
PAGE: 6 of 10
CATERPILLAR STANDARD WARRANTY
i
General Provisions: Caterpillar warrant: the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first usor. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is 6 months, starting
from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steer loaders , multi terrain loaders , and compact track loader fachines, the warranty period is 50 hours starting from the date of delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or
Caterpillar -approved repaired parts or assembled components needed to correc� the defect. 2) Replace lubricating oil, filers, antifreeze, and other, service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty
become the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping
charges in excess of those which aro usual and customary (air freight). 6) Cost to investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs
associated with the performance of required maintenance (including proper fuel,;oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stored data. 10) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE j
A. General Provisions: During the selected coverage period, Western Stapes Equipment will repair or replace, at its option, covered components of
the
1product
iident�ower Tried on laelface f this
document
Power Plus under
Hydraulics"
the
Extended
nd for the rage Section. Coverage is subject to the listed conditions of "Standard",
appropriately indicated "Months" and "Hours' for components thatare
defective in material or workmanship,ub'ect to the terms and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Scheduled Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contilact is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result in shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter 'shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine
including engine components essential to engine operation (i.e., fuel pump, oll pujnp, water pump, turbocharger, governor, engine control module, ietc.). 2)
TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: Includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only if they also provide steering. 10) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped. I1) DIFFERENTIAL STEERING COMPONENTS: includes differential *or planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR DRIVE MECFIANISM: on paving profilers, reclaimers and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes power shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train
Plus Fydraulics coverage includes all of the above listed items under Power Train for the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: Including steering pumps (main and
supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and implement hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that make up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls, 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL. COOLERS: steering and implement.
Full Machine Extended Coverage: All of the listed items included in the POWER 1ITRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also;include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined by!
Scheduled Flours Available for Work (numerator)
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availabil ty is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage Is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage is transferred to a subsequent end use purchaser of the product In accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below,
Note: The travel time and mileage/hauling option is available only to Governmental iapplication "Full Machine Failsafe coverage" option.
Form itSVC15-0 8/05/2011
PAGE: 7 of 10
B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage, caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass,lseat upholstery, undercarriage, lubricated Joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings, and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage' repairs in
the field, if travel time and mileage/hauling option is not Included. 7) Auxili* Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer. 8) Western States Equipment will not be responsible for repairs, cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance ae set forth by the tube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or Improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate andsafe
operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equiprnent is relieved of its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory, 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product.
I
D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY. In no event will Western States Equipment be liable for any incidentalior
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
Idaho Fails, ID 877-552-2287
Lewiston, ID 800-842-2225
Meridian, ID 800-8s2-2287
Pocatello, ID 800-832-2287
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-15 12
LaGrande, OR 800-963-3101
Pendle on, OR
Pasco, WA
Spokane, WA
Hayden, ID
888-388-2287
800-633-2287
800-541-1234
208-762-6600 (Not a toll free number)
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product Is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written
confirmation of the transfer. 4) The use of the product by the subsequent endluse purchaser remains in the initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group,
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the 'ntent to
cancel coverage to the nearest Western States Equipment branch.
H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.
OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTAAE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERV CE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST'rHE INSURANCE COMPANY.
B. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE1IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR F TNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT
RESPONSIBLE FOR INCIDENTAL 011 CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT ThIE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 8:3642 (208) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENIJESSEE 37203 1800 248-4228
Form flSVC15.0 8/05/2011
PAGE: 8 of 10
CITERP111.AR'
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Cornprobante Del Servicio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR. CODE
MODEL
MACHINE SERIAL NO. HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MOUELO
N/S MAOUINA I HORAS
FECHA DE ENTREGA
N/S MOTOR
H510
....,..,.....,_......._....
246D
_
BYF03570 3.557502846
1
BUCKET', DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
ACCESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE,I
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mir, & Modol or Part No,
Fabricanto y Moclol° o N/P
72" GP BIG .57CYD SSL
Mfr. & Model or Part No,
Fabricanto y Modelo o N/P
Mir. & Model or Part No,
Fabricanto y Model° o N/P
Mlr. & Model or Part No,
Fabricanto y Modelo o N/P
Social No. AQ174BI<21624
N/S
Serial No.
N/S
Serial No,
N/S
Sera( No. j
Customer Namo (Ploaso Print) CityOf McCall
Nombrn dol Client° (con lolra do impronta)
Dlroccl6n postal complain 216 E Park St McCall, ID 83638-3832
Country USA
pars
Dellvery service on this machine has been completed, Including the following Items. Check( ) when each Item Is completed.
El serviclo de entrega do esta maquina se ha completed° Incluse los puntos sigulentes, Marque,,( ) cada punto que complete.
i• ou entreatGuide
o i la delivered
uirsia Carta pia Onerccibn ytso espiic6lal us Iand rmo laaoperraadan doolos controles y los r6lulos do advertancla.
❑ 2 3e ImVo6 rnncln n sq vmh ( olio d i1 ssnrvoc,hn y so osplrc6 0l usoarioi of slorWclo do consearvad6na,o ustes y Rivet de Iluldos
I
3, Parts Book dollveredwilhmachine.
So ontrog6 con la m6qulna el Catalogo do Plozas. i
4, All Moms on Delivery Checklist have been comploled,
So hlzo lodo to Indicado en el Comprobanle de Enlarge
(No. do Foma 01.085314.03).
Us°r's Signature Dir. Rep. Signature
Firma dol usuado Firma del repprosentante
del dislrlbuidor
Delivery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Mnko curo all pending Saloly Product Improvemnirt
Programs (PiP) havo boon complotnrl.
n Mako curo all necessary forms and Nom ire arc• avallnblo.
❑ All decals aro Insinllod.
❑ All attnchmonls aro Instnlledrm•a1abin.
C? install shlppinprsnrviro lank pins In tiro suppression
system (if equipper!) when transporting mnchinn.
At delivery area with customer (owner. operator);
n Exploln Paris Book.
❑ Explain all warning Iabols on machlne,
❑ Show Idcatlon of all serial numbers on machlne.
Lubrication and Maintenance.
❑ ExplalnMolnlenance Guido.
❑ Inslruct;how to use lubrication and malnlonanco chart.
❑ Snow all lubrication points on the machlne and allachmonls.
l ista de Comprobackm SIGUE AL DORSO
En ILdistribuidora
r'. Asegurosa ono so cemplotaron los programas pcndlnntos do
moloms al products pnra linos do saguridad (PIP),
P. Asogureso clue hay dlsponibles trains Ins formal y railcar's
oacos:10os.
❑ So Iran pueslo lodas Ins otlquatos.
❑ Todos los accesodns astan Inslalacln skilspnnibles.
❑ So han Irstaladn los pasadorns do Imba porn embamimisnrvirlo
no el sislanm supresor ran Innonftlos Ill ganef at rmasportar la
maculae.
01.085314.09 (3515)
En el lugar de entrega, con el clients (propietario. operador),
❑ Explicar et Catalog') do Plozas.
❑ Explicar odor los r6lulos do advorlancla do la mAqulna.
❑ Moslrar ublcacl6n de lodos los nOmoros do sorlo en la m6qulna.
Lubrlcacl6n y Consorvaclem
❑ Explicar la Gula de Consorvacl6n.
❑ Indlcar c6mo so uilllza el cuadro do lubrlcacldn y consorvacldn.
❑ Moslrar lodos los puntos de hlbrlcacl6n do la m6qulna y accosorlos.
PAGE; 9 of'10
EMSoluton ' Basic
greement
WrWESTERN
r STATES
CAT
Thursday, September 7, 2017
Proper equipment maintenance and service history can increase }lour equipment resale value and planned preventative
maintenance (PM) is a key contributor to improved equipment availability and lower operating costs. We'll track, schedule, and
help you manage your equipment maintenance.
i
i
Your EM Solution Agreement Includes:
Connectivity & Data Access - Access to product datenformatioril using Product Link as the enabling technology on the
machine, and Vision Link for online access to information and tools.
Product/Fleet Status Report - Monthly reports sent to you with fleet level information to help identify success and areas for
improvement across the fleet and by product family.
Condition Monitoring Services - Data Analysis and Interpretatiorj of machine health, SOS Fluid Sampling, annual Inspection,
and serial number specific reports with recommendations.
Preventive Maintenance Kits - Necessary filters, seals, gaskets and SOS kits for you to perform recommended maintenance.
NOTE: 250 hour interval services consist mostly of taking oils samples and checking fluid levels.
Model
Serial Numb
246D BYF03570
r
Term
(years/hours)
MS EMS Basic
Agreement Total
Included
Please provide the delivery address that you would like to receive your PM parts kits at.
In order to get the most from your machine and the telematics, you will need to access the information thru Vision Link. We will
help you get that set up, simply provide the user(s) name and email address so that we can get the process started.
Vision Link Users:
1111111111
Phone Email Address
i
Customer Western States Equipment
"
C i t y o f M c C a l l
2 1 6 E : P a r k S t r e e t
M c C a l l , I d a h o
$ 3 6 3 8
D e a r V a l u e d C u s t o m e r ,
P l e a s e a c c e p t t h i s l e t t e r a r a g u a r a n t e e
S e r i a l ' N u m b e r B Y F 0 3 5 7 0 . T h i s g u a
W a r r a n t y . W e a g r e e t o , p u r c h a s e t h i s u
S 4 0 , 0 0 0 b a s e d o n a m a k i m u m o f 5 ' , 0
e x c e e d e d t h e a b o v e m a c h i n e w i l l b e a p
L e s s e e a g r e e s t h a t e a c h U n i t , u p o n i t s r
S e p t e m b e r 1 3 , 2 0 1 7
3 - . p u r c h a s e o f y o u r C a t e r p i l l a r M o d e l 2 4 6 D S k i d S t e e r L o a d e r
i n e e i s m a d e i n _ e o a i u n c t i o n w i t h t h e G o v e r n m e n t a l l i a i l s a f e
i ' f r o m y o u a t t h e e n d . o f t h e f i f t h y e a r . f o r t h e a m o u n t o f
t i m e . p e r i b d : o r s e r v i c e m e t e r u n i t l i m i t s a r e
r a i s e d t o d e t e r m i n e a n e w v a l u e .
n u n , s h a l l
1 . . B e i n . s o u n d m e c h a n i o a l c o n d i t i o n t o b e . i n g o o d w o r k i n g o r d e r u n d e r f u l i l o a d . .
2 , h a v e t h e s a m e a t t a c h m e n t s a n d p i a � " p a r t s a s . w h e n d e l i v e r e d . ;
3 . 1 , H a v e t i r e s i n s a f e a n d ' o p e r a b i e c o . . n d i t i o n w i t h a m i n i m u m o f ( 4 0 % ) o f w e a r
r e m a i n i n g t r e a d l i f e . a n d a l l o f t 6 e s a m e s t y l e ( n o r e c a p s ) . .
O R
b . H a v e a m i n i m u m o f f o r t y p e r c e r t ( 4 0 % ) l i f e r e m a i n i n g o n a l l u n d e r c a r r i a g e .
c o n t p o u e n t a i n c l u d i n g t r a c k s h o e s , l i n k s , p i n s a n d b u s h i n g s , : i d l e r s , b o g i e s ; s p r o c k e t s , c a r r i e r
r o l l e r s , t r a c k r o l l e r s ;
4 . . H a v e n o c r a c k e d o r b r o k e n " g l a s s ; "
5 . H a v e n � t r i i s s i n g s h e e t m e t a t a p d a n y . d a m a g e t o s h e e t t n e t a l ; "
6 . H a v e . n o s t r u c t u r a l d a m a g e t o f r a m e
7 . . H a v e m e t t h e f u l l r e q u i r e m e n t o f t h o _ w a r r a n t y p r o c e d u r e s , i n c l u d i n g s c h e d u l e d . o i l s a m p l i n g a t t h e
p r e s c r i b e d i n t e r v a l s . "
8 , - 1 - 1 h v e n o d a m a g e o r m o d i f i c a t i o n t o M a c h i n e R O P S " ( r o l l o v e r } r o t e e t i o n . s t r u c t u r e ) p e r C a t e r p i l l a r
g u i d e l i i i e k i e p a i r o r r e p l a c e m e n t o f I } O P S : w i l l b e b i l l e d a t t i m e o f r e t u r n .
W e r e q u i r e t h i r t y ( 3 0 ) d a y s . w r i t t e n n o t i c e i f y o u c h o o s e t o . e x e r c i s e . . t h i s g u a r a n t e e a n d t r a n s f e r t i t l e n f t h e
a b o v e - d e s c r i b e d e q u i p m e n t t o W e s t e r n S t i t e s E q u i p m e n t C o m p a n y ;
I f y o l t h a v e a n y q u e s t i o n s o r . i f w e m a y b s o f f u r t h e r a s s i s t a n c e , p l e a s e t a l i .
I t i s - u n d e r s t o o d t h a t u n d e r t h i s a g t t e e m e n . t h a t t h e " t e r m s o f r e t u r n " w i l l b e m e t a n d / o r b r o u g h t - i n t o .
c o i r i p l i a n c e b e f o r e t h i s r e - p u r c h a s e : a g r e e p e n t w i l l b e . f u l l y e x e c u t e d I t e m s t h a t a r e o u t o f c o m p l i a n c e w i l l
b e r e p a i r e d . a n d b i l l e d t o C i t y o f M c C . a i l "
- S i n c e r e l y ;
s D i g f t a l r y i l g n e d b y k e l l y D l t o i "
D a t e : 1 o 1 7 . 0 9 . 1 3 1 6 . 2 5 3 6
- 0 6 ' O D '
K e l l y O l s o n
V i c e ; * d e n r ; F i n a n c e
D y
U s ' : q u . ' n t M a n a g e r
: A u d i o z e d S i g r t i d e
a / s / . .
WESTERN
MY STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
sTPmr-z-,
SALES AGREEMENT
AGREEMENT: Q000061226-3
AGREEMENT DATE: 9/7/2017
AGREEMENT EXPIRES: 9/6/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
S
ITEM DESCRIPTION
2017 Caterpillar 938M Wheel Loader S/N: J3R04327 SMU: 2.807502246 hrs ID:E0019921
• Delivery Freight
• New Warranty - 5 yr 5,000 hour governmental Failsafe
PRICE
$192,265.13
Notes
Before Tax Balance
Sales Tax
Trade Payoff
Downpayment
Net Due
$192,265.13
$0.00
$0.00
$0.00
$192,265.13
Western States Equipment
Order Received by
Title Regional Sales Manager
Date
City Of Mccall
Approved and Accepted by ," _ "--
9/,���7 Title ikA-i :t,,•, (/-7 / Date 1 H/r1
,)
Warranty Document Received (initial)
Trade Ins: All lrade•ins are subject to equipment being in as inspected condition by vendor at time of delivery of replacement machine purchase shove. Purchaser hereby sells the trade In equipment described above to fhe vendor and warrants it to be
free and Gear of all claims, liens, and security interest except as shown above.
Warranty: By initialing above the customer acknowledges that they have received a copy of the Wesfem States Co/CaterpillarWarranty and has read and understands said warranty. All used equipment Is sold es is where Is and no warranty is offered or
implled except as specified above.
PAGE:1 of 9
VA/WESTERN
r STATES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: Q000061226-3
4302807 938M WHEEL LOADER
3336858 STEERING, STANDARD
3498013 DIFFERENTIAL,LIMITED SLIP REAR
3498164 GUARD, DRIVESHAFT
3666882 TIRES,20.5R25 MX XHA2' L3
3721868 RADIO, BLUETOOTH, AUX, MIC
3911990 GUARD, HITCH
4302843 HYD,3V,COUPLER READY,STD LIFT
4302865 ENVIRONMENT, MEDIUM DEBRIS
4302943 PREP PACK, UNITED STATES
4303038 ENGINE AR
4540590 PRODUCT LINK, SATELLITE PL631
4706570 COUNTERWEIGHT, STANDARD
5198081 TOOLBOX AUX, NONE
OP2491 KIT,SERIALIZED TECHNICAL MEDIA
OP9003 LANE 3 ORDER
3331425 WARNING, BEACON, LED STROBE
3420250 GUARD, WINDSHIELD
3498163 GUARD, CRANKCASE
3498165 GUARD, POWERTRAIN, LOWER
3668150 FENDERS, STANDARD
37175635 CAMERA, REAR VIEW
4237201 SEAT, DELUXE
4302860 RIDE CONTROL
4302917 GUARD, STEERING CYLINDER
4302978 QUICK COUPLER, FUSION
4339751 GUARD, TILT CYLINDER, STD LIFT
4540613 WEATHER, COLD START 120V
4881113 LIGHTS, AUX HALOGEN
5213244 CAB, DELUXE
0P0210 PACK, DOMESTIC TRUCK
PAGE: 2 of 9
TERMS AND CONDITIONS
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, th s SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless in writing and signed by both Customer and WSECO.
2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
Customer agrees to execute any documents required by WSECO to evidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customerpromptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Customer.
Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of
the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or
certificates of insurance in forms satisfactory to WSECO, showing VI/SECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO.
5. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity.
PAGE: 3 of 9
i
All equipment or goods shall be subject to the standard manufactu ling and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered withjn fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assignedi by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless
made in conformity with this paragraph.
I
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or
furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or p ilior course of dealing to the contrary, in no event will WSECO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other items or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to a.ssociated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited to that set forth in the paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code
or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based. upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to thei selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOMER: An event of default shall occur if (a) Customer fails to pay when due the sales price; (b) Customer
fails to perform or observe any covenant, condition, or agreement to be performed by it hereunder; (c) Customer ceases doing
business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 9
i
Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (i) declare the sales price
immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place and time
designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession
of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the
equipment or proceeds thereof, and in connection therewith WSECO may bid on the goods or equipment and that a commercially
reasonable price for said reclaimed equipment may be determined by WSECO based upon current national auction values, market
trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or
lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price
after application of all amounts received from the exercise of its rights under this SA; and (vi) all rights and remedies of a secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, including without
limitation reasonable attorney's fees and costs and all costs of reclaim'ng the goods, whether or not legal action is commenced.
14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed
according to the laws of the State of Idaho. At the sole and exclusive election of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial; District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to
establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any
court originally acquiring jurisdiction.
15. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. In such
case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to
Caterpillar/WSECO to better serve the Customer and to improve upon Caterpillar products and services. This data may include, but is
not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed
attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise
reasonable efforts to keep the information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Customer
agrees to allow this data to be accessed by Caterpillar and WSECO within normal, accepted business practices.
The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer to the
obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to
enter into this SA with WSECO on the terms herein.
CUSTO ER: t r r; ; jL CI:I! . .s' C-(1 WESTERN,S ITES Q I ENT C PANY
By: .._ d-7',94--- _.. i/ 0'
/ J
Printame: C ` ` /t' \ Print Name: 2$710-4, Areire:e7e '
Title: l'���CL "
.--./ Title: Regional Sales Manager �` e
Date: '•'1 1 ! 4;1)1 Date: 7. �i i
PAGE: 5 of 9
linir WESTERN
UV STATES
CAT
STANDARD WARRANT,/ AND APPLICATION FOR
EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS
Tit& Caterpillar equipment owner identified below ("Clieteril hereby appiles to Western States EquipMent-for.Steridard or Extended CoVertigeln
accordance With thefterins as set forthin thlt lineament, far theCaterpfflar product Identified below. Owner the Standard or Extended
. ,
cover:age, option(s) listed beloW:
COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS OR HOURS) - Months atter retell purchase (tesS duration Of rental,
dernonstratlop„OrOther Usage, If any4r1Or ta-the.firet PurchaSer Orleeste)
Standard Warranty period based on Caterplitargaidelines
OWNER'S NAME . OWNER PHONE
City Of Mccall
OWNER ADDRESS, CITY and Zffi CODE .
216 E Park St McCall, ID 63838-3832
EXTENDED WARRANTY COVERAGE
New Warranty 75 yr 6,000 hourgOvernrnental Failsafe
MODEL
93811.4
PRODUCT
DESCRIPTION
938M Wheel Loader
HOUR METER -
2.807592246
SERIAL NUMBER
J3R04327
,DELIVERY DATE
QTninTo (*REA: COMplete tonna:of Standard Or Extended Coverage are set ferth on this docurnent.Pleate reed all pages
ciiirefullY before Sigg. YOUR RIGHTS AND REMEDIES IN .CONNECTION WITH. STANDARD OR EXTENDED 'COVERAGE ARE •
LIMITED As INDICATED ON ALL PAGES OF THIS DOCUMENT.CATERPILLAR PRODUCTS CARRY NO IMPLIED WARRANTY OR
MERCHANTABILITYOR FITNESS. STANDARD VI/ARRANTTOR EXTENDED dOVERAGEIS NOT INSURANCE, -
ACKNOWLEDGEMENTS: I have read end understand the twins, inclading limitans and-excusions;
tiolOf Standard 'or Extended COverage, and
,.., ,. that It Is nOt .. . , .. . .
Understand Insurance. Iola° understand that the coverage. ,. . 0 . . for herein is not effective unless and until I pay the applicable
e.harge for this extended covers ederstand the SOS ' ultements !If ' (Initial) .
A' .
OVVNER/LESEEESIGNATURE i . DATE: q liiihi
The owner antprOduet identifle IL4,--:
Meet a -10.----r the coverage requested.end the Spplicable -charge for eictended carera9e hee
been paid.
DEALER SIGNATURE : " ,--z._ . . . , DATE: cre0(4....?.. „.....
The .„
TRANSFER: e unkpire ort on of the or Extended Repair CoVerage may betransferred with western states g ulpnient apprtnral.
(see section F on back for co, -Piste .detalle). Complete the section below to request transfer.
Purchase Applicatiott.
PuRcRAssii NAME .
DATE MACHINE SOLD
DATES'INSPECTION COMPLETED B.APP.ROVED
N COMMERCIAL
ADDRESS(STREET„ RR)
-_
(CITY/OWN)
.(STATE)
-(ZIP CODE)
i :FORESTRY.
IS :WASTE
TRANSFER HOUR METER
. READING
SIGNATURE OF' NEW
BUR'...n
DEALER CONFIRMATION
•
-- •
IN GOVERNMENTAL
II :AG
By signing this agreement I agree tO the tenns 6n the folloWing pages.
PAGE: 6 of 6
CATERPILLAR STANDARD WARRANTY
General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is 6 months, starting
from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved lby Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or
Caterpillar -approved repaired parts or assembled components needed to correct 'fie defect. 2) Replace lubricating oil, filers, antifreeze, and other service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty
become the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping
charges in excess of those which are usual and customary (air freight). 6) Cost toi investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs
associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stoned data. l0) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE
A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of
the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard",
"Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are
defective in material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise stated below or as staled within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Scheduled Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contract is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result in shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine
including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2)
TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only if they also provide steering. l0) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped. I1) DIFFERENTIAL STEERING COMPONENTS: includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraul c pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reclaimers and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes power shift controls, engine pressure controls, differential ock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train
Plus Hydraulics coverage includes all of the above listed items under Power Trainl for the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and
supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and implement hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that makei up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL COOLERS: steering and implement.
Full Machine Extended Coverage: All of the listed items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined by:
Scheduled Hours Available for Work (numerator) �
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availability is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The !coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage is transferred to a subsequent erid use purchaser of the product in accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below.
Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option.
Form #SVC15-0 8/05/.2011
PAGE: 7 of 9
B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: I) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings!, and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in
the field, if travel time and mileage/hauling option is not included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer. 8) Western States Equipment will not be responsible for repairs, cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance a? set forth by the lube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe
operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipm�nt is relieved of its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product.
D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVEFIAGE SERVICE: To obtain service thelowner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287
Lewiston, ID 800-842-2225 Pasco, WA 800-633-2287
Meridian, ID 800-8s2-2287 Spokane, WA 800-541-1234
Pocatello, ID 800-832-2287 Hayden ID 208-762-6600 (Not a toll free number)
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-15 12
LaGrande, OR 800-963-3101
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written
confirmation of the transfer. 4) The use of the product by the subsequent end use purchaser remains in the initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group.
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the intent to
cancel coverage to the nearest Western States Equipment branch.
H. COVERAGE AFFORDED UNDEFt THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.
OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERt THIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD 'THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY.
I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON
BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT
RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT THE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID f13642 (206) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248-4228
Form itSVC15-0 8/05/2011
PAGE: 8 of 9
C1TERPILLAR'
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
ni Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Comprobante Del Servicio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR. CODE
MODEL
MACHINE SERIAL NO.
HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MODELO
N/S MAQUINA
HORAS
FECHA DE ENTREGA
N/S MOTOR
H510
938M
J3R04327
2.807502246
A7TAL'HMENTS INSTALLED; BUCKET, DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
ACCESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE,
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Model° o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Customer Name (Please Print) CityOf Mccall
Nombre del Client° (con letra de imprenta)
Direccien postal complete
216 E Park St McCall, ID 133638-3832
Country USA
pats
Delivery service on this machine has been completed, Including the following items. Check4 ) when each Item is completed.
El serviclo de entrega de esta m6quina se ha compietado inciuso to I puntos siguientes, Marques( ) cada punto que complete.
I
❑ ) Opezzi Guide delivered wlih machine end operating controls end warning labels explained to user.
Sa enlreg6 con la mdquina la Gula de Operacl6n y se explic6 al usuario la operacinn de los controles y Ids retulos de advertencla.
❑ 2, Maintenance Guide delivered with machlna and maintenance service, fluld levels and adjustments explained to user,
Se enlreg6 con la m6quina la Guia de Conservaci6n y se explic6 al u.suario el serviclo de c°nservacl6n, *Wes y nivel de guides
User's Signature
Firma del usuario
Dlr. Rep. Signature
Firma del reppresentante
del dlstrlbuldor
Delivery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Make sure all pending Safely Product Improvement
Programs (PIP) have been completed.
❑ Make sure all necessary forms and literature are available.
❑ All decals are installed.
❑ All attachments are Installed/avallable.
❑ Install shipping/service lock pins In fire suppresslon
system (If equipped) when transporting machine.
❑ 3. Parts Book delivered with machine.
Se enlreg6 con la m6quina el Cat9logo de Plazas.
El
4, All items on Delivery Checklist have been completed,
Se hizo lodo to indlcado en el Comprobante de Entrega
(No. de Foma 01-085314-03).
At delivery area with customer (owner. operator);
❑ Explain Parts Book.
❑ Explain ell warning labels on machine,
❑ Show location of all serial numbers on machine.
Lubrication end Maintenance.
❑ Explain Maintenance Guide.
❑ Instruct how to use lubrication and maintenance chart.
❑ Snow all lubrication points on the machine and attachments.
Lista de Comprobacl6n SIGUE AL DORSO
En la distribuidora
❑ Asegurese que se completaron los programas p°ndlentes de
mejoras al product° para fines de seguridad (PIP),
n Asegurese que hay disponibles lodes las formes y Iolletos
necesarios.
❑ So han puest° Codas las etiquelas.
❑ Todos los accesorios estan lnstalados/dIsponlhies.
❑ Se han Instated° los pasadores de traba para embarque/serviclo
en el slslema supresor de Incendlos (si Ilene) al transporter la
mdquine.
En el lugar de entrega. con el cliente (propietario. operador).
❑ Expllcar et Catdlogo de Plazas.
❑ Expllcar lodes los ratulos de advertencie de la mdqulna.
❑ Mostrar ublcacidn de lodos los ndmeros de eerie en la mdquina.
Lubdcaden y Conservacldn
❑ Expllcar la Gala de Conserveci6n.
❑ Indlcar c6mo se utilize el cuadro de lubrlcaclan y conservacidn.
❑ Mostrar Iddos los pintos de Iubrlcacidn de la mdquina y accesorios.
01.085314.09 (3515)
PAGE: 9 of 9
City of McCall
216 E Park Street
McCall, Idah0
83638
Dear Valued Customer,
Please accept this letter as. a guarantee
qerial.Nrimber .13g04327 . This
Warranty. :We agree to pirrchase this ti
.S I40,000 lia.sed on a maXimuni Of 5,
exceeded the above machinewill be ap
Lessee agrees that each:Unit, upon its
Hein sound mechanical condition
2. Have the Saineetteehmenta and pi
3. a... IlaVe tires in safe -and operabl
remaining:tread life and. all of
b. Have a minimum of forty pert
components including *track s
rollers, track:rollers; '
4. , Have nu -cracked or broken glass;
5: Rave no. missing sheet Metal and
6. Have -no- structural damage to Earn
7. Have met the full requirement of t
prescribed intervals:
.8.- .Have ticidamage or modificatien t
guidelines, repair or replacement c
Werequireliirty-(30)-days written not'
above,cleseribett-eqtripmentto.Westem
If you have any questions or if We may
Itis.,underito(idihat trader this-agreeme
compliance before this re.purchitse-agr
b.e. repairedarid hilled.to City of Maui
Sincerely,
Pletally sighed bypity Olson
'66—, VP Eroor_e„ Date:2D17.09a3 1624AI
.06V•Y
•
September 13; 2017
r purchase -of your Caterpillar Mode1938M Wheel Loader
tee ismade in.conjuuctiOn with thenoyentinental Failaafe
tfrorn you at the end of the fifth year for the amount Of
If the time:period or service meterunit limits are
aisecito detctmine Etnew.valte.
shall:
d to. be.in good writidng Order under full load.
parts as When deliverr4
a minimurn of OVA) of wear
e.samettyle- (no:recaps). ,
• OR -
t (40%) life remaining,op all undercarriage
s, links; pins.and bushings„ idlers, bogies; sprockets; carrier ' .
damage. to sheet rneta4.
warm*, procedures, including scheduled oil sampling at the
thine RODS (AM overprotection structure) per Caterpillar
OPS will be billed -at time of return.
e you Choose tO exercise.this.guaranteentil transfer title of the
tes tquipmextt COmpsny.
offurtherassistance; please call.
thatthe "terms ofretum-. will be met andior brought into
ent will befully executed.. Items thatare but of coMplianCe will
Kelly Mon .
Vice President, Finarice
Atithoriz.edITTiure
bi4WESTERN
TM STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
S1-12kes
SALES AGREEMENT
AGREEMENT Q000065080-2
AGREEMENT DATE: 9/7/2017
AGREEMENT EXPIRES:10/7/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
ITEM DESCRIPTION
2017 Caterpillar 950M Wheel Loader S/N: EMB03984 ID:E0023549
• New Warranty - 60 mo 5,000 hrs - GEM (Failsafe)
• Delivery Freight
PRICE
$259,730.17
Notes
Before Tax Balance $259,730.17
Sales Tax $0.00
Trade Payoff $0.00
Downpayment $0.00
Net Due $259,730.17
Western States Equipment
Order Received by
Title Regional Sales Manager Date
City Of Mccall
Approved and Accepted by
Title KA a j,^��✓
iJ
Warranty Document Received (initial)
Trade lns: All trade-ins are subject to equipment being in as inspected condition by vender at time of delivery of replacement machine purchase above. Purchaser hereby sells the trade in equipment described above to the vendor and warrants if to be
free and clear of all claims, liens, and security interest except as shown above.
Warranty: By initialing above fhe customer acknowledges that they have received a copy of the Westem States CdCaterpillarWarranty and has read and understands said warranty. All used equipment is sold as is where is and no wane* is offered or
implied except as specified above.
PAGE: 1 of 9
WWY WESTERN
TAY STATES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: Q000065080-2
3607932 950M WHEEL LOADER
3495246 QUICK COUPLER, FUSION
3650112AIR INLET STANDARD, RAIN CAP
3669912 HYDRAULIC OIL, STANDARD
3733900 QUICK COUPLER READY, STD LIFT
3734053 TIRES, 23.5R25 BS VJT" L3
3847005 AUTO DIFF, HMU
3930072 COUNTERWEIGHT, 1460KG
4340693 PRODUCT LINK, SATELLITE PLE631
4656576 SOUND SUPPRESSION, STANDARD
4957493 LUBRICATION, MANUAL, STD/LOG
5020339 JOYSTICK W/FNR, 3V
5036412 FAN, STANDARD
5051552 LINKAGE, STANDARD LIFT
5120858 STANDARD PACKAGE
OP0309 PACK, DOMESTIC TRUCK
3360000 HOOD, NON-METALLIC
36,49808 COOLING CORES, 6 FPI
36,69908 AXLES, AUTO DIFF FIR, ED
36,79027 GUARD, POWERTRAIN
3733911 STARTING, COLD (120V)
3788421 LINES GP -IMPLEMENT 3V (QC)
3847009 STEERING, WHEEL HMU
4232664 ANTIFREEZE, -50C (-58F)
4646672 FENDERS, BASIC +
4862311 LIGHTS, HALOGEN
5002566 HYDRAULICS, 3V RC, STD/LOGGER
5034735 OIL CHANGE SYSTEM, HIGH SPEED
5051526 CAB, STANDARD
5063495 REGIONAL PACKAGE, AM-N
5161417 BUCKET-GP,115" 4.50YD3
OP9002 LANE 2 ORDER
PAGE: 2 of 9
TERMS AND CONDITIONS
i
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless n writing and signed by both Customer and WSECO.
2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTERIEST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
Customer agrees to execute any documents required by WSECO to evidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Customer.
Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material pars of
the Collateral. WSECO and its designated representatives and agents shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall not move, load, transport or otherwise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or
certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15)1 days prior written notice to WSECO.
5. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity.
PAGE: 3 of 9
i
All equipment or goods shall be subject to the standard manufacturing and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered within fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless
made in conformity with this paragraph.
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or
furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEJ
i
9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other items or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, but not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of WSECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited to that set forth in the paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code
or specification (whether statutory, regulatory or contractual), unless Ciltstomer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based 'upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused by any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO harmless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (including those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOMER: An event of default shall occur if (a) Customer fails to pay when due the sales price; (b) Customer
fails to perform or observe any covenant, condition, or agreement to be performed by it hereunder; (c) Customer ceases doing
business as a going concern, makes an assignment for the benefit of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 9
Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (i) declare the sales price
immediately due and payable; (ii) require Customer to assemble the equipment and make it available to WSECO at a place and time
designated by WSECO; (iii) WSECO shall have full power to enter upon the property or jobsite of the Customer and take possession
of and remove the equipment; (iv) WSECO shall have full power and authority to sell, lease, transfer or otherwise deal with the
equipment or proceeds thereof, and in connection therewith WSECO may bid on the goods or equipment and that a commercially
reasonable price for said reclaimed equipment may be determined by WSECO based upon current national auction values, market
trends relating to supply and demand, and related factors for goods of similar type and condition; (v) if WSECO chooses to sell or
lease the reclaimed equipment, WSECO may obtain a judgment against Customer for any deficiency remaining on the sales price
after application of all amounts received from the exercise of its rights under this SA; and (vi) all rights and remedies of a secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and may be exercised singularly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or any of its provisions, including without
limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced.
14. JURISDICTION AND VENUE: This SA and the relationship between WSECO and Customer shall be governed and construed
according to the laws of the State of Idaho. ' At the sole and exclusive election of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and principal place of business, wherein the parties acknowledge having done business sufficient to
establish minimum contacts under the Idaho long arm statute, and which is a mutually convenient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any other forum, including waiver of any and all rights to remove the action from any
court originally acquiring jurisdiction.
15. EQUIPMENT DATA: This machine may be equipped with a wire'ess data communication system, such as Product Link. In such
case, Customer understands data reflecting the machine performance, condition and operation is being transmitted to
Caterpillar/WSECO to better serve the Customer and to improve upon Caterpillar products and services. This data may include, but is
not limited to: fault codes, emissions data, fuel usage, service meter hours, software and hardware version numbers and installed
attachments. Neither Caterpillar nor WSECO sell, rent or share collected information to any other third party, and will exercise
reasonable efforts to keep the information secure. Caterpillar Inc. and WSECO recognize and will respect customer privacy. Customer
agrees to allow this data to be accessed by Caterpillar and WSECO wi{hin normal, accepted business practices.
The undersigned represents and warrants that he/she is authorized by Customer identified below to bind the Customer to the
obligations and duties expressed herein and does so commit Customer to the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer by Customer to
enter into this SA with WSECO on the terms herein.
l a t��� 11,7
CUSTOMER: t: 4 <.n`Al2.•t;_i��Cl'.
l•
i�
Print N�: \Pk&.t t�` � -1A, Ilf,k7V1
Title: (1,1k-CLLN,r\i"-
,p
Date:
0
WESTER . - ATE
�/EQ
IPMENT COMPANY
r-
Print Name: ��'�� ����e�
Title: Regional Sales Manager
Date: ?AC- /7
PAGE: 5 of 9
linf WESTERN
MY STATES
CAT
STANDARD. WARRANTY AND APPLICATION FOR
EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS
The Caterpillar equipment owner Identified below ("Owner") hereby applies to Westem States Equipment for Standard or Extended Coverage in
accordance with the terms as set forth In this document; for the Caterpillar product IdentNied below. Owner.desires the Standard or.Extended
coverage options) listed below:
COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS. OR HOURS) - Months_ after retail purchase (less`duration of rental,
demonstration; .or.other usage, if any, prior to the flrst.purchaser or lessee)
Standard Warranty period based on, Caterpillar guidelines
OWNEIt's NAME OWNER PHONE
City Of Mccall
OWNER ADDRESS, CITY and ZIP CODE
216 E park St McCall, ID 83638-3832
EXTENDED WARRANTY COVERAGE
New Warranty - 60 mo 5,000 hrs & GEM (Failsafe)
MODEL
950M
PRODUCT
DESCRIPTION
950M Wheel Loader
HOUR METER
0
SERIAL NUMBER
EMB039134
DELIVERY DATE
rarrciK �atvT NQTE TO OWNER: Complete terms of Standard or Extended Coverage are set forth on this• document.. Please read all pages
carefully before signing. YOUR RIGHTS AND REMEDIES IN CONNECTION WITH STANDARD OR EXTENDED COVERAGE ARE
LIMITED AS INDICATED .ON ALL PAGES OF THIS: DOCUMENT.. CATERPILLAR PRODUCTS CARRY NO IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS. STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT INSURANCE.
ACKNOWLEDGEMENTS: I have read and understand the terms, Including limitations and exclusions, of Standard or Extended Coverage, and
understand that it is not insurance. I also understand that the coverage - ,]; for herein Is not effective unless and until I pay the applicable
Charge'for this extended. coverage. f pnderstand the SOS requirements my. i (Initial)
OWNER/LESSEE SIGNATURE
The owner and,product Identified
been;pald.
DATE: 1//1/1/
nts for the coverage requested andthe applicable charge for exted coverage. has
DEALER SIGNATURE : DATE: l�%/7
TRANSFER: The unexpi Ion of the Standard or Extended Repair Coverage may transferred with Western States Equ pment approval
(see section F on back for c plate details). Complete the section below to request transfer.
Purchase Application
PURCHASER, NAME
DATE MACHINE SOLD
DATES INSPECTION COMPLETED & APPROVED
■ COMMERCIAL
ADDRESS (STREET, RR)
(CITY/TOWN)
(STATE)
(ZIP CODE)
s FORESTRY
■ WASTE
TRANSFER HOUR METER
READING
SIGNATURE OF NEW
BUYER
DEALER CONFIRMATION
■ GOVERNMENTAL
■ .:AG
By signing this agreement I agree to the terms on the following pages.
PAGE: 6 of 9
CATERPILLAR STANDARD WARRANTY
General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is b months, starting
from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or
Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty
become the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under "Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping
charges in excess of those which are usual and customary (air freight). 6) Cost toll investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs
associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stored data. I0) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE
A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of
the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard",
"Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are
defective in material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Scheduled Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contract is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result in shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine
including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2)
TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only if they also provide steering. 10) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped. I1) DIFFERENTIAL STEERING COMPONENTS: includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reclaimers and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes power shift controls, engine pressure controls, differential lock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components are covered. If a component is not listed, it is not covered. Power Train
Plus Hydraulics coverage includes all of the above listed items under Power Trainlfor the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and
supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and implemerit hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that makel up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls. 8) HYDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL COOLERS: steering and implement.
Full Machine Extended Coverage: All of the listed items included in the POWER TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined b'y:
Scheduled Hours Available for Work (numerator)
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availab lity is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The:coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage is transferred to a subsequent end use purchaser of the product in accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below.
Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option.
Form #SVC15-0 8/05/2011
PAGE: 7 of 9
B. ITEMS NOT COVERED: Western States Equipment is not responsible for the following: 1) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating instructions, misuse, lack of proper protection during storage, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in
the field, if travel time and mileage/hauling option is not included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer.,8) Western States Equipment will not be responsible for repairs, cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance a3 set forth by the lube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assees the time required to perform the manufacturer's recommended
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe
operation of the machine will be completed within the earliest possible period within Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product
D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
Idaho Falls, ID 877-552-2287
Lewiston, ID 800-842-2225
Meridian, ID 800-8s2-2287
Pocatello, ID 800-832-2287
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-15 12
LaGrande, OR 800-963-3101
Pendleten, OR 888-388-2287
Pasco, WA 800-633-2287
Spokane, WA 800-541-1234
Hayden ID 208-762-6600 (Not a toll free number)
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extended Coverage applicable to a used Caterpillar product is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition following an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent end use purchaser receives Western States Equipment's written
confirmation of the transfer. 4) The use of the product by the subsequent end'tise purchaser remains in the initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group.
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the intent to
cancel coverage to the nearest Western States Equipment branch.
H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.
OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD'f'HE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST 'THE INSURANCE COMPANY.
I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON
BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE 01: THE SERVICE CONTRACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF NIATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT
RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE SERVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT TFIE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888-2287. SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248-4228
Form #SVC15.0 8/05/2011
PAGE: 8 of 9
CATERPILLAR®
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
❑Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Comprobante Del Servicio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR. CODE
MODEL
MACHINE SERIAL NO.
HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MODELO
N/S MAOUINA
HORAS
FECHA DE ENTREGA
N/S MOTOR
H510
950M
EMB03984
0
ATTACHMENTS INSTALLED; BUCKET, DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
ACCESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE,
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Pert No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Customer Name (Please Print) CityOf Mccall
Nombre del Client° (con letra de Imprenta)
Direcci6n postal complete
216 E Park St McCall, ID 83638-3832
Country USA
pals
Delivery service on this machine has been completed, including the following Items. Check{ ) when each item Is completed.
El servicio de entrega de esta mequina se ha completed° Indus° los puntos siguientes, Marque, ) cada punto que complete.
❑ I Operation Guide delivered with machine and operating controls and warning labels explained to user.
Se entreg6 con la mAquina la Guia de Operacien y se explic6 al muerte la operad6n de los conlroles y los retulos de advertencla.
❑ 3. Parts Book delivered with machine.
Se entreg6 con la mAquina el Catdlogo de Plazas.
p. Maintenance Guide delivered with machine and maintenance service, fluid levels and adjustments explained to user. El
entreg6 con la mAquina la Gut° de Conservacl6n y se eyelid. al usuano el servicio de conservacien, *Wes y navel de guides
User's Signature
Firma def usuario
Delivery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Make sure all pending Safely Product Improvement
Programs (PIP) have been completed.
❑ Make sure all necessary forms and literature are available.
❑ All decals are Installed.
❑ All attachments are Installed/available.
❑ Install shipping/service lock pins In lire suppresslon
system (II equipped) when transporting machine.
Dir. Rep. Signature
Firma del reppresentante
del dislribuldor
4, All Items on DelNery Checklist have been completed,
Se hizo bode to Indicade en el Comprobante de Enlrega
(No. de Foma 01-085314.03).
At delivery area.with customer (owner. operator):
❑ Explain;Pans Book.
❑ Explain all warning labels on machine,
❑ Show locatIon of all serial numbers on machine.
Lubrication dnd Maintenance.
❑ Expleln!Meintenance Guide.
❑ Instructjhow to use lubrication and maintenance chart.
❑ Snow all lubrication points on the machine and attachments.
Lista de Comprobaci6n SIGUE AL DORSO
En la distribuidora
❑ Asegurese quo se completaron los programas pendlenles de
meloras al product° pare lines de seguridad (PIP),
❑ Asegurese que hay disponibles todas las formes y lolletos
necesanos.
❑ Se han pueslo lodes les eliquelas.
❑ Todos los accesorios astern Inslalados/disponibles.
❑ Se han Inslalado los pesadores de baba pare embarquerservicio
on el Materna supresor de Incendios (el liana) al transporter la
mAquina.
En el lugar de entrega. con el client() (propietario. operador),
❑ Explicar, el Catelogo de Plazas.
❑ Expilcar lodes los retulos de advertencla de la maqulne.
❑ Moslrar ublcacien de lodes los n6meros de sane en la mAquina.
Lubdcacien y. Conservacl6n
❑ Expllcarla Gula de Conservacl6n.
❑ Indlcar c6mo se utilize el cuadro de lubncacl6n y conservacl6n.
❑ Moslrar todos los puntos de lubricaclen de la mequlna y accesorios.
01.085314-09 (3515)
PAGE: 9 of 9
,
rrs�
owtOmpur
w •
CLIT
City of McCall
216E. ParkStreet
MteiliAlaho • .
83638.
Dear Valued Customer, .
Please accept this letteras a guarantee.
Serial Nurfilier EMB03984. This gua
Warrrinty. Weagree to purchase this ue
$ 185,000. tinged. on a maximum Of 5P
exceeded the above machine will be Apo
Leased agrees that each Unit, upon its re
1. Be insound mechanical condition
2. Have the samaattaehments andpit
3. .a. HitVertitesin safC and operabk
remaining tread life and An of
b. Have. a Minh:mm.0f forty peree
Cornponerits including track s
. rollers, track rollers;
4. Have. ne cradked or breken glass;
• 5. Have no missing sheetmetal and an •
Haveno structural damage to frame
7. ..Have met the full requirement Of
.presen'bed intervals.
8. Have no damage or modification to
.guidelines, repair or replacement of
We require thirty (30) days written notie
above -described equipment to Western
If -you -have any questions Or if we may 6
•
It IS Understood that under this a;greemen
ccimpliance before this re-pUrchase agr
be repaired arid billed to City of McCall
.Sincerely,
Utz° vp. L signed byKaytilson
rItte:2017.09.13 1624:0546'0
Kelly Lifson
vic MOM Finance
Algeid
"neer
Eq ent Manager
September 13, 2017 •
prirehase of your. Caterpillar Medd 950M Wheel loader -
teeistnade in conjunction With the Oovenunental Pailsafe
t from yowat the end of the fifth year for the amount of
S.1v U.'s.. if the time period .Or service meter unit limits are
wised to determine. a neW;value.
tun, shall:
cl to be in good working order under full lead.
parts -as when deliveredi
ondition with a minimum of (40%) of wear
e same style (no recaps).
OR
t (40%) life remaining on all undercaniage
s, links, pins and bushings; idlers, bogies, sprockets, carrier
-damage. to Sheet Metal;
warranty procedures,, including scheduled oil sampling at the
achine BOPS (roll over ProtectionStructure) per Caterpillar.
OPS wilibe billed at :link bfretturt.
if you choose to exereise this guarantee and transfer title of the
fesEquipmentrompany.
offurther assistance, phrase:call.: •
that the "terms of return" will be met and/or brought into_
ent will befall), executed. Iterts.thatare out of 'compliance will
- . (
(Ainlioriaed Signal&
WESTERN
IP STATES
Meridian
500 E Overland Rd Meridian, ID 83642
208.888.2287
SOLD TO:
City Of Mccall
216 E Park St
McCall, ID 83638-3832
SHIP TO:
Office
216 E Park St
McCall, ID 83638-3832
Q
SALES AGREEMENT �
AGREEMENT: Q000062207-9
AGREEMENT DATE: 9/7/2017
AGREEMENT EXPIRES: 9/13/2017
WAREHOUSE: Meridian Machine Sales
CUSTOMER NO.: 5684800
CUSTOMER PO:
SALESMAN: Chad AAllen
ChadAllen@wseco.com
ITEM DESCRIPTION
2017 Caterpillar 259D Multi Terrain Loader S/N: FTL14438 ID:E0024755
• Delivery Freight
• EMS Basic
• New Warranty - 60 mo 5,000 hrs - GEM (Failsafe)
Caterpillar 78" GP BKT .62CYD SSL S/N: A4177BK21139 YEAR: 2017 SMU: 0 ID: E0024610
Caterpillar SNOBLSR318 S/N: TBD
TRADE PROPOSAL
2006 ASV SR70 S/N: SSA00134 SMU: 0 hrs
The trade proposal offered is based on the information you have provided and is contingent on a final
inspection before the Agreement is accepted by both parties. If the proposed trade equipment hours
increase by 200 hours over what has been specified herein or the inspection reveals an unexpected
change in the equipment operation or the equipment, the trade proposal valuation will become invalid.
The Trade Proposal will become final upon the execution of this Agreement by NSECO.
PRICE
$62,721.39
$1,411.66
$7,828.80
($13,000.00)
Notes
Before Tax Balance
Sales Tax
Trade Payoff
Downpayment
Net Due
$58,961.85
$0.00
$0.00
$0.00
$58,961.85
Western States Equipment /
/s797
Order Received by
City Of Mccall
Approved and Accepted by
Title Salesman ` , Date i6>�,4? Title (,k
')
Warranty Document Received (initial)
Trade Ins: All trade-ins are subject to equipment being in as inspected condition by vendor at time of delivery ofrepfacement machine purchase above. Purchaser hereby sells the trade in equipment described above to the vendor and warrants it to be
free and clear of all claims, liens, and security interest except as shown above.
Warranty: By initialing above the customer acknowledges that they have received a copy of the Western States Ca/CaterpillarWarranty and has read and understands said warranty. All used equipment is sold as is where is and no warranty is offered or
implied except as specified above.
PAGE: 1 of 9
WESTERN
TAT STATES
EQUIPMENT DETAILS
SALES AGREEMENT
NO.: Q000062207-8
3888259 259D CTL TIER 4 FINAL HRC
3453556 HEATER, ENGINE COOLANT, 120V
3456160 ROPS, ENCLOSED WITH A/C (C3)
3456359 SEAT,AIR SUSPENSION,CLOTH,HEAT
3888034 INSTRUCTIONS, ANSI, USA
4210340 CONVERSION ARRANGEMENT
4223445 FILM, RIDE CONTROL, ANSI
4414819 PRODUCT LINK, CELLULAR PL641
4678084 PACKAGE, PERFORMANCE, (H3)
4866956 FAN, COOLING, DEMAND
4951672 LIGHTS, HALOGEN
5222549 CERTIFICATION ARR, (US/CANADA)
OP0210 PACK, DOMESTIC TRUCK
OP0096
2584096 SEAT BELT, 3"
3455148 COUNTERWEIGHT,MACHINE,EXTERNAL
*6180 RADIO, AM/FM, BLUETOOTH
3570245 RUBBER BELT, 2 SPD, TF IDLERS
14 69265 DISPLAY, ADVANCED, LCD, CAMERA
4 23296 RIDE CONTROL
4359240 DOOR, CAB, GLASS
4546049 TRACK,RUBBER,400MM(15.7 IN)BAR
4850415 CONTROL, ISO, PROP, WT
4916680 BATTERY, HEAVY DUTY, DISC
5158584 QUICK COUPLER, HYDRAULIC
4218926 SERIALIZED TECHNICAL MEDIA KIT
OP9002 LANE 2 ORDER
2795377 BUCKET -GP, BOCE 78"
PAGE: 2 of 10
i
TERMS AND CONDITIONS
1. OFFER TO SELL, METHODS OF ACCEPTANCE AND AGREEMENT TERMS: This Sales Agreement ("SA") is an offer for the sale
of the equipment, vehicles, accessories and attachments described on the invoice (referred to generally as "equipment" or "goods") by
Western States Equipment Company, an Idaho business corporation or its affiliates ("WSECO") to Customer under the terms and
conditions specified herein. This offer may be accepted by (1) the execution of this SA by a representative of Customer or (2)
Customer's verbal or written authorizations or conduct consistent with prior course of dealing between the parties authorizing WSECO
to take action to fulfill this SA, or (3) the commencement of the manufacture or shipment of the goods specified in this SA, whichever
of the foregoing first occurs.
Acceptance of this SA is limited to the express terms stated herein. Any proposal in Customer's acceptance for additional or different
terms or any attempt by Customer to vary in any degree any of the terms is objected to and hereby rejected, but such proposals shall
not operate as a rejection of this offer, unless such variances are in the terms of the description, quantity, price, delivery schedule, or
payment schedule of the goods, but shall be deemed a material alteration of this SA and this SA shall be deemed agreed to by
WSECO without said additional or different terms. Once accepted, this SA shall constitute the entire agreement between WSECO and
Customer. WSECO is not bound by any representation or agreements, express, or implied, oral or otherwise, which are not stated
within this SA or contained in a separate writing supplementing this SA and signed by authorized agents of both WSECO and
Customer. This SA will supersede all previous communications, agreements, and contracts with respect to the subject matter hereof
and no understanding, agreement, term, condition, or trade custom at variance with this SA will be binding on WSECO. No waiver or
modification of the terms and conditions hereof will be effective unless in writing and signed by both Customer and WSECO.
2. PAYMENT TERMS: Customer agrees to pay the sales price for the equipment, less any net trade-in allowance, in accordance with
the payment terms as all stated on the invoice. The sales price is offered F.O.B. at WSECO's designated facility as stated on the
invoice and Customer is responsible for all shipping charges as provided in this SA. Customer is also responsible for paying all
applicable sales, use or any other applicable taxes levied or assessed on the equipment by any federal, state or local governmental
authority, unless Customer provides WSECO an appropriate exemption certificate as stated on the invoice. In the event that Customer
fails to pay any applicable tax or other charge as agreed herein or fails to provide a valid exemption certificate, Customer agrees to
indemnify and hold WSECO harmless from any liability and expense by reason of Customer's failure to pay said taxes or
assessments, including, but not limited to, WSECO's reasonable attorney's fees and costs and other necessary legal expenses
resulting from such failure.
3. GRANT OF SECURITY INTEREST, AUTHORIZATION TO FILE STATEMENT AND PROTECTION OF COLLATERAL: Until the
Customer pays the total sales price and additional charges as provided in this SA, Customer hereby grants WSECO a security interest
in and to the equipment and all additions, replacements, substitutions, and proceeds of the same ("Collateral") to secure payment of
the sales price and any and all other amounts owed or owing by Customer to WSECO under this SA or otherwise. Customer
authorizes WSECO to file financing statement(s) evidencing this security agreement and the collateral subject thereto and to take all
steps necessary to perfect WSECO's interest in the equipment.
Customer agrees to execute any documents required by WSECO to evidence and perfect such security interest. Customer hereby
appoints WSECO as its irrevocable attorney -in -fact for the purpose of executing any documents necessary to perfect or to continue
the security interest granted in this SA. Customer will reimburse WSECO for all expenses for the perfection and the continuation of the
perfection of WSECO's security interest in the Collateral. Customer promptly will notify WSECO before any changes in Customer's
name including any changes to the assumed business names of Custoher.
Customer, upon WSECO's request, will deliver to WSECO a schedule of the locations of the Collateral and agrees to update the list
upon WESCO's further request. Customer will not commit or permit damage to or destruction of the Collateral or any material part of
the Collateral. WSECO and its designated representatives and age is shall have the right at all reasonable times to examine and
inspect the Collateral. Customer shall immediately notify WSECO of all cases involving the loss or damage of or to any material
portion of the Collateral and generally of all material happenings and events affecting the Collateral.
4. INSURANCE: Customer shall not move, load, transport or othervIlrise handle the equipment on WSECO's premises without first
having obtained insurance coverage. Customer shall carry all risks insurance on the equipment, including, without limitation, fire, theft
and liability coverage with such other insurance as necessary to protect Customer's and WSECO's respective interests in the
equipment. As long as any portion of the sales price is outstanding, Customer will deliver to WSECO from time to time the policies or
certificates of insurance in forms satisfactory to WSECO, showing WSECO as an additional insured and including stipulations that
coverage will not be cancelled or diminished without at least fifteen (15) days prior written notice to WSECO.
5. TIME OF DELIVERY AND SHIPPING: Orders for equipment are processed in the order of their acceptance by WSECO and
WSECO will use its reasonable efforts to deliver the equipment to Customer on the scheduled delivery date as stated on the invoice.
However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WSECO's
control including, but not limited to, the manufacturer's production schedule, material and labor shortages, shipping delays and various
other unrelated factors. WSECO is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless
stated on the face of the invoice to the contrary. Customer is responsible for all freight, shipping, loading and unloading costs.
6. RISK OF LOSS/SHORTAGES/REJECTION OF GOODS: Risk of loss of the goods shall pass to Customer as soon as the goods
are properly loaded on the carrier. WSECO's responsibility for shipment ceases upon delivery of the goods to a transportation
company. Any claim by Customer for shortage in shipment shall be made by written notice to WSECO within fifteen (15) days after
receipt of the shipment. It is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party
hereto may constitute a default or breach and shortage in shipment is not deemed to constitute a nonconformity.
PAGE: 3 of 10
All equipment or goods shall be subject to the standard manufactur ng and commercial variation and practices of the manufacturer
thereof. In the event of shipment of non -conforming goods, WSECO shall be given a reasonable opportunity to replace the goods with
those which conform to the order. Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in
detail Customer's objections and such notices must be delivered withii fifteen (15) days after delivery of the goods. It is agreed that in
the event of rejection, Customer will store the goods or reship the goods to WSECO. Should Customer use the equipment or goods,
such use shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this SA, such
acceptance shall be final and irrevocable; no attempted revocation shall have any effect whatsoever.
7. ASSIGNMENTS: No right or interest in this SA shall be assigned by Customer without the written permission of WSECO, and no
delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of
WSECO. Any attempted assignment or delegation by Customer shall be wholly void and totally ineffective for all purposes unless
made in conformity with this paragraph.
8. NO WARRANTY: Unless provided otherwise on the invoice, the equipment is purchased "AS IS" and there is no other agreement
with Customer regarding the equipment other than what is stated in this SA and in any credit instrument and/or guaranty between
Customer and WSECO. There are no other warranties, express or implied, for any equipment, product, service, or other items sold or
furnished under this SA unless agreed to in writing between Customer and WSECO. WSECO DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
9. EQUIPMENT FAILURE/LIMITATION OF REMEDIES: If, for any reason, the equipment does not perform satisfactorily, as judged
by WSECO in its sole discretion, WSECO may repair or replace the equipment or any part thereof, at its option, without affecting any
of the terms of this SA. This remedy does not apply if the equipment has failed or performs less than satisfactorily due to improper use
of the equipment, accident (including, damage during shipment), neglect, abuse, misuse or exposure of the equipment to conditions
beyond capacity, power, environmental design limits or operation constraints specified by WSECO or the equipment manufacturer.
Customer is responsible for all expenses related to repair or replacement due to these causes. THE REMEDIES IN THIS
PARAGRAPH ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES AGAINST WSECO.
10. LIMITATION OF LIABILITY: Notwithstanding trade customs or prior course of dealing to the contrary, in no event will WSECO, its
subsidiaries, affiliates, agents or employees be liable for any incidental, indirect, special, or consequential damages in connection with
or arising out of this SA or furnishing of any goods, services or other items or any third party's ownership, maintenance, or use of any
goods, services or other items furnished under this SA, including, gut not limited to, lost profits or revenues, loss of use of the
equipment or any associated goods, damage to associated goods, costs of capital, cost of substitute goods, or claims of Customer's
clients for such damages. Customer's sole remedy, for any liability of ,/+/SECO of any kind, including but not limited to negligence, with
respect to any equipment, service, or other item is limited to that set forth in the •paragraph entitled "EQUIPMENT
FAILURE/LIMITATION OF REMEDIES" of this SA. WSECO is not responsible for meeting any federal, state, local or municipal code
or specification (whether statutory, regulatory or contractual), unless Customer specifies it in writing and WSECO agrees to it in writing.
Customer agrees that it has selected each item of equipment based Upon its own judgment and particular needs and disclaims any
reliance upon any statements or presentations made by WSECO. The liability for performing under any manufacturer warranty
program rests solely with the subject manufacturer and WSECO has no liability or responsibility for performance thereunder.
11. FORCE MAJEURE: WSECO shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or
performance of the services where such delay or failure is caused bq), any act of God, fire, flood, inclement weather, explosion, war,
insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel,
supplies or transportation, strike or other labor dispute, or any other pause, contingency, occurrence or circumstance of any nature,
whether or not similar to those herein before specified beyond WSECO's control, which prevents, hinders or interferes with
manufacture, assembly or delivery of the goods or performance of the services. Any such cause, contingency, occurrence or
circumstances shall release WSECO from performance of its obligations hereunder.
12. INDEMNITY: Customer agrees to indemnify and hold WSECO armless from and against any and all claims, actions, suits,
proceedings, costs, expenses, damages (including but not limited to consequential and incidental damages), liabilities, fees (including,
but not limited to, attorney fees and court costs), and settlements, (i cluding those brought or incurred by or in favor of Customer's
employees, agents and subcontractors), arising out of or related to the selection, delivery, loading, unloading, towing, possession, use,
operation, handling or transportation of the equipment. Customer agrees to defend, at its expense, any and all suits brought against
WSECO either alone or in conjunction with others and additionally to satisfy, pay and discharge any and all judgments and fines
against WSECO in any such suits or actions, whether based in negligence or otherwise.
13. DEFAULT BY CUSTOMER: An event of default shall occur if (a) Customer fails to pay when due the sales price; (b) Customer
fails to perform or observe any covenant, condition, or agreement o be performed by it hereunder; (c) Customer ceases doing
business as a going concern, makers an assignment for the benefit of creditors, admits in writing an inability to pay debts as they
become due, files a petition in bankruptcy, or if its owners, shareholders or members of Customer take actions towards dissolution or
liquidation of Customer; (d) Customer attempts to sell, transfer, or encumber, sublease or convey the equipment or any part thereof
prior to paying the full sales price; or (e) WSECO, in good faith deems itself, insecure relative to payment of the sales price.
PAGE: 4 of 10
Upon the occurrence of any event of default, WSECO may exercise the following rights and remedies: (I) declare the sales price
imrnedlately due and payable; (5) require Customer to assemble the equipment,and make it available to- WSECO at a place and time
designated by WMECO;.(iii) WSECO shall have full power to enter upon the property or jobsite ofthe Customer and take possession
of and remove the equipment; (iv) WSECO .shall have full power and authority to sell, lease, transfer or otherwise deal with the
equipment or. proceedsthereof, and in connection therewith WSECO may bid on the goods' or equipment:and that a commercially
reasonable price for said reclaimed equipment may be determined by WSECO based upon current national auction values; market
trends relating to supply and ;demand, and, related' factors :for goods of similar type and condition; (v) if WSECO .chooses to. sell or
lease the _retlaimed equipment, WSECQ may obtain a judgment -against Customer for any -deficiency remaining oil the sales price
after,application of all amounts received from the exercise of its .rights under this SA; and (vi) all rights and remedies of a_ secured
creditor under the provisions of the Idaho Uniform Commercial Code, as amended from time 'to time. All of WSECO's rights and
remedies, whether evidenced by this SA or other related agreement, shall be cumulative and. may be exercised singularly or
concurrently. Customer agrees to pay all costs incurred by WSECO in enforcing this SA or :any of its provisions, including without
limitation reasonable attorney's fees and costs and all costs of reclaiming the goods; whether or legal action is commenced.
14. JURISDICTION AND VENUE: -This SA and the relationship between WSECO and Customer shall be governed and construed
according to the laws of -the State of Idaho. At the sole and exclusive election .of WSECO, jurisdiction and venue for any action or
dispute arising under this SA shall be in the in the Fourth Judicial District of the State of Idaho, in and for Ada County, which is
WSECO's corporate headquarters and.principal place of business, wherein the parties acknowledge having done business sufficient to
establish -minimum contacts under the Idaho long arm statute, and.which is a mutually comienient forum. In addition, Customer waives
any and all rights to jurisdiction and/or venue in any otherforum _, including waiver. of any and .all rights to remove the action from' any
court originally acquiring jurisdiction.
!S. EQUIPMENT DATA: This machine may be equipped with a wireless data communication system, such as Product Link. In such
Case; Customer understands data reflecting the 'machine performance, condition and operation is being ,transmitted to
CaterpillarMJSECO.to better serve the Customer and to improve upon Caterpillar products and services. This data may include, _but is
not limited to: fault codes, emissions data, fuel usage, service meter hours, "software and hardware version numbers and installed
attachments. Neither -Caterpillar nor WSECO sell, rent or share collected information le any other third party, and will exercise
keep reasonable efforts to the information 'secure. Caterpillar Inc. and WSECO recognize and will respect. customer privacy. Customer
agrees to allow this data to be accessed by Caterpillar and WSECO within normal, accepted business practices.
The undersigned represents and warrants thathe/she is authorized by Customer identified below to bind `the Customer to .the
obligations and duties expressed' herein and does:so commit Customerto the terms and conditions of SA by signing below. Until this
SA (or indentical counterpart thereof) has been signed by our duly authorized representative, it will constitute an offer :by Customer to
enter into this SA with WSECO on the terms herein:
CUSTOM R;
By: - -- .
Print e•
Title: tk to
Date:
f.
r�1-1
WESTERN_:: ATES EQU/ NT COMPANY
By:
Print Name: Cam[ ��/e4
Title: Salesman
Date: 4/,0> .
PAGE: 5 of 10
W WESTERN
UV STATES
C1T
STANDARD WARRANTY AND APPLICATION FOR
EXTENDED COVERAGE FOR CATERPILLAR PRODUCTS
The Caterpillar. equipment owner identified below ("Owners') hereby oppiles to Western States Equip'tient for Standard or Extended'CoVerage in
accordance with the terms. at set feith In this docurnent, for the Caterpillar prodUct-Identiiied below. Owner desires the Standard or Eidended
cOverage option(s) listed below:
COVERAGE EXPIRATION - FIRST TO OCCUR (MONTHS OR HOURS) - Months, after retallpUrChaSe (less duration•of rental,
demonstration,er other "Map, if any; Prior to the first putChaser or lessee)
Standard Warranty period bated on Caterpillar guidelines
OWNER's NAME OWNER PHONE
City Of Mccail
.OWNER ADDRESS,Crilf and ZIP,CODE
216 E Park St McCall, .ID 83638-3832
EXTENDED WARRANTY COVERAGE
New Warranty - 60 mo 3,000 his & PREMIER New 1Narranty
,
MODEL -
259D
PRODUCT
DESCRIPTION
259D Multi Terrain Loader.
HOUR METER
Q
SERIAL NUMBER
FTL14438
DELIVERY DATE
RTANT NOTE TO OWNER: COMPlete twins Of"Standard or Extended Coverage are Ott forth on thie dociiment. Piease :Slidell pages
.carefully before signing.... YOUR RIGHTE.AND.:REM.EPIEE IN:CONNECTION WITH STANDARD OR EXTENDED COVERAGE ARE.,
pmrrEpAs.INDICATED ON ALL PAGES OF ThlISDOCUMENT.-CATERPILLAR .PRODIJCTS, CARRY NO IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS STANDARD WARRANTY OR EXTENDED COVERAGE IS NOT1NSURANCL
ACKNOWLEDGEMENTS: I have read and understand the terms, inducting Ilniltations and exCiutiont,-Of Standard Or Earterided COVerage, and
understand that It it not insurance. I alsounderstand that the coverage • led for herein Is not effeCtiverunlees and until; pay the applicable '
_ .
charge for th's extended CoVera e. I understand the SOS requirenients S (initial)
x.s.
,. OWNER/LESSEE SIONATHR •;4•••• --. . DATE: - //t.1 /
p
q - ' -7 - -
TheeWner and roduCtideritifi Ve me :....--,-
onto farther coverage requettectand the applicable charge forext.ended ceveragebee -
• beeripaid; - •
. . . , -
DATE: xt1,1*:
.. DEALER EiRDATLWIE :
TRANSFER: The unerig V 'portion of the Standard or EXtended Repair Coverage may be transferred with Wetter!' State.s Kan! MentaPproVal •
(see Section F-cin,becht:Ofconiplete &jells). COmPlite the section below to -request. transfer. -
.Purchase Application,
PURCHASER NAME
DATE MACHINE SOLD
DATES INSPECTION c91‘1134ETEP E., APPROVED
is COMMERCIAL
ADDRESS (STREET, RR)
(CITY/TOWN)
(STATE)
pp CODE)
1:1 FORESTRY
■ WASTE
TRANSFER HOUR METER
READING
SIGNATURE OF NEW
BUYER
DEALER CO NFIRMATiON
'a GOVERNMENTAL
.. • AG
By signing thlt agreement I agree, it' the terms on the followingpages.
PAGE: 6 of 10
CATERPILLAR STANDARD WARRANTY
General Provisions: Caterpillar warrants the products sold by it, and operating within the geographic area serviced by authorized USA and Canadian
Caterpillar dealers, to be free from defects in material and workmanship. In other areas and for otherproducts, different warranties may apply. Copies of
applicable warranties may be obtained by writing Caterpillar Inc. 100 N.E. Adams St., Peoria IL, USA61629-3345.
Warranty Period: The Standard Caterpillar Machine Warranty is 12 Months/UNLIMITED hours of operation (whichever occurs first), based upon
Caterpillar's recommended guidelines. For new associated work tools, the warranty period is 12 Months/UNLIMITED hours, starting from the date of
delivery or sale to first user. No extended coverage is available for Caterpillar work tools. For new replacement engines, the warranty is 6 months, starting
from date of delivery to the first user. Note: For hydraulic line's quick connect I disconnect components sold on compact wheel loaders , mini hydraulic
excavators, skid steer loaders , multi terrain loaders , and compact track loader machines, the warranty period is 50 hours starting from the date of delivery
to the first user.
Caterpillar Responsibilities: If a defect in materials or workmanship is found during the Standard Warranty period, Caterpillar will, during normal working
hours and at a place of business of a Caterpillar dealer or other source approved by Caterpillar. 1) Provide (at Caterpillar's choice) new, remanufactured, or
Caterpillar -approved repaired parts or assembled components needed to correct the defect. 2) Replace lubricating oil, filers, antifreeze, and other service
items made unusable by the defect. 3) Provide reasonable or customary labor needed to connect the defect. Note: Items replaced under this warranty
become the property of Caterpillar. Owner Responsibilities: The user is responsible for: I ) Providing proof of deliver date to the first user. 2) The costs
associated with transporting the product. 3) Labor costs, except as stated under 'Caterpillar Responsibilities." 4) Local taxes, if applicable. 5) Parts shipping
charges in excess of those which are usual and customary (air freight). 6) Cost to, investigate complaints, unless the problem is caused by a defect in
Caterpillar material or workmanship. 7) Giving timely notice of a warrantable failure and promptly making the product available for repair. 8) Costs
associated with the performance of required maintenance (including proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and
tear. 9) Allowing Caterpillar access to all electronically stored data. 10) Costs associated with travel time and mileage required for on -site repairs.
EXTENDED REPAIR COVERAGE
A. General Provisions: During the selected coverage period, Western States Equipment will repair or replace, at its option, covered components of
the product identified on the face of this document under the Extended Coverage Section. Coverage is subject to the listed conditions of "Standard",
"Full Machine", "Power Train", or "Power Train Plus Hydraulics" and for the appropriately indicated "Months" and "Hours" for components that are
defective in material or workmanship, ubject to the terms and conditions set forth on both sides of this document. Such repair or replacement will be
free of charge for parts and labor, except as otherwise stated below or as stated within the Standard Caterpillar Warranty section above. Under the
"Governmental Full Machine" option, the extended coverage includes Sched�led Oil Sampling materials and analysis provided by Western States
Equipment at Caterpillar's prescribed intervals. An Extended Coverage Contract is not required for purchase or to obtain financing.
Warranty Periods: Warranty periods for Extended Coverage are indicated in the extended warranty coverage box on the face of this document. The
coverage is listed for hours and months, whichever expires first.
Owners Responsibilities: The owner (lessee, for leased products) at their expense, must maintain the product in accordance with the product's Operators
Manual, and, upon request, provide adequate records verifying maintenance. For the "Power Train", "Power Train Plus Hydraulics", and "Full Machine"
Extended Coverage, Scheduled Oil Sampling (SOS) must be taken by the owner at Caterpillar recommended intervals and sent to Western States
Equipment. Failure to do so could jeopardize the Extended Coverage and result i T shared liability on a pro rata basis if SOS could have predicted or
reduced the cost of a covered failure. Note: Any malfunction of the service meter shall be reported within 30 days of said malfunction in writing, or this
agreement is null and void.
Power Train Extended Coverage: The following components are covered. If a component is not listed, it is not covered. 1) ENGINE: basic engine
including engine components essential to engine operation (i.e., fuel pump, oil pump, water pump, turbocharger, governor, engine control module, etc.). 2)
TRANSMISSION: includes transmission pump and hydraulic controls. 3) TORQUE CONVERTER/DIVIDER. 4) DRIVE LINE: includes pinion and bevel
gear. 5) TRANSFER GEAR GROUP. 6) DRIVE AXLES. 7) FINAL DRIVES. 8) HYDRAULIC DRIVE PUMPS AND MOTORS: on hydraulic excavators and
machines equipped with hydrostatic drive or differential steering, including hydrostatic lines between the pump and motor. 9) BRAKE COMPONENTS for
track -type loaders and tractors, only if they also provide steering.10) STEERING CLUTCH COMPONENTS: on track -type loaders and tractors, if so
equipped. 11) DIFFERENTIAL STEERING COMPONENTS: includes differential steer planetary group, pump, motor and pilot valves. 12) VIBRATORY
COMPONENTS: on vibratory compactors. Includes vibratory mechanism, hydraulic pump and motor, hydraulic valves, universal joints, bearings, and drum
isolation system. 13) ROTOR DRIVE MECHANISM: on paving profilers, reclaimers and stabilizers. This includes the drive shaft group, sheave groups, and
clutch group. This excludes belts, chains and rotor brakes. 14) ELECTRONIC CONTROLS AND SENSORS: which function to direct power for moving the
machine. This includes power shift controls, engine pressure controls, differential ock, and fingertip controls. Also includes the wiring connectors that are
part of the designated power train components.
Power Train Plus Hydraulics Extended Coverage: The following components re covered. If a component is not listed, it is not covered. Power Train
Plus Hydraulics coverage includes all of the above listed items under Power Trainifor the appropriately indicated hours and months, plus the following: I)
HYDRAULIC/STEERING HOSES AND LINES. 2) HYDRAULIC QUICK -COUPLERS AND SWIVELS. 3) HYDRAULIC TANKS: includes specific internal
parts.4) HYDRAULIC OIL FILTER BASE, excluding hydraulic oil filters. 5) HYDRAULIC PUMPS AND MOTORS: including steering pumps (main and
supplemental). 6) HYDRAULIC CYLINDERS: steering, suspension, and implement hydraulic cylinders (includes bulldozer and ripper cylinders on track -type
tractors). 7) HYDRAULIC VALVES AND CONTROLS: includes all parts that make up a valve for directing or controlling hydraulic fluid for steering and
implements, including automatic blade controls and bucket position controls. 8) HyDRAULIC ACCUMULATORS: steering and implement. 9) HYDRAULIC
OIL COOLERS: steering and implement. II
Full Machine Extended Coverage: All of the listed items included in the POWEFI TRAIN and POWER TRAIN PLUS HYDRAULICS coverage, plus all
attachments/accessories that were installed on the product before delivery which are not covered by another warranty, for the appropriately indicated hours
and months of coverage on the face of this document (whichever expires first). Governmental application "Full Machine Failsafe Coverage" will also include
all fluid filters and pre -paid SOS as prescribed by Caterpillar's recommendations and a 95% machine availability as recorded by owner. Machine availability
for Governmental application Full Machine Failsafe coverage will be determined by:
Scheduled Hours Available for Work (numerator) I
Scheduled Hours (denominator)
The machine availability will be evaluated at 12-month intervals. If machine availability is below 95%, Western States Equipment will reimburse owner
$25.00 per hour for the
hours necessary to "enhance" availability to the 95%level.
Note: "Power Train", "Power Train Plus Hydraulics", and "Full Machine" coverage Continue (unless transferred or terminated as per Section C or G below)
until the expiration of the hours or months listed on the face of this document. The coverage period ends after reaching the specified number of months
selected, or when the machine's hour meter reaches the specified number of hours limitation selected, whichever occurs first. Extended Coverage is
available only through Western States Equipment for Caterpillar Equipment.
Note: Once Extended Coverage becomes effective, Western States Equipment's obligations there under extend only to the applicant identified on the face
of this document, unless the remaining coverage is transferred to a subsequent end use purchaser of the product in accordance with Section F below, and
indicated on the face of this document, or cancelled under Section G below.
Note: The travel time and mileage/hauling option is available only to Governmental application "Full Machine Failsafe coverage" option.
Form #SVC15-0 8/05/'2011
PAGE: 7 of 10
B. ITEMS NOT COVERED: Western States Equipment is not responsible f?r the following: I) Premiums charged for overtime labor requested by the
owner/lessee. 2) Transporting the product to and from the place where service is performed, or service calls made by the repairing dealer if the travel
time and mileage/hauling option is not included. 3) Depreciation or damage caused by normal wear, lack of reasonable and proper maintenance, failure
to follow operating instructions, misuse, lack of proper protection during stor9ge, vandalism, the elements, collision or other accidents, or acts of God.
4) Normal maintenance and replacement of maintenance and wear items, such as filters, oil, fuel, hydraulic fluid, lubricants, coolants and conditioners,
labor for taking oil sample, tires, Freon, batteries, lights, paint, fuses, glass, seat upholstery, undercarriage, lubricated joints (including pins and
bushings), blades and cutting edge parts, belts, dry brakes, dry clutch linings and bulbs. 5) Any defect in a non -covered component, or damage to or
failure of a covered component caused by a defect in a non -covered component. 6) Travel time and mileage for Extended Repair Coverage repairs in
the field, if travel time and mileage/hauling option is not Included. 7) Auxiliary Equipment Manufacturers' attachments and new associated work tools
and attachments carry only one warranty as prescribed by that manufacturer, 8) Western States Equipment will not be responsible for repairs, cost of
repairs, or be assessed hours against the availability guarantee for damage or downtime caused by fire, vandalism, accident, operator's abuse,
negligence, strikes, acts of God, failure to perform the manufacturer's recommended maintenance a? set forth by the lube and maintenance guide, tire
failure or Auxiliary Equipment or Attachments. 9) Owner/Lessee will not assess the time required to perform the manufacturer's recommended
maintenance as set forth by the lube and maintenance guide against the availability guarantee. 1 0) All costs (including travel time and mileage/hauling)
for repairs required because of abuse or improper operation will be charged to the owner/lessee. Minor repairs that do not affect the immediate and safe
operation of the machine will be completed within the earliest possible perlodlwithin Western States Equipment maintenance schedule.
C. TERMINATION OF EXTENDED COVERAGE: 'Western States Equipment is relieved of its obligation under Extended Coverage if: 1) The product
is altered or modified in any manner not approved by Western States Equipment in writing. 2) The product's hour meter has been rendered inoperative
or otherwise tampered with, or any malfunction of the service meter is not reported within 30 days of said malfunction in writing to Western States
Equipment. 3) The product is removed from Western States' territory. 4) Use is made of the product within an application group other than the one
designated in the original application for Extended
Coverage for the product.
D. LIMITATIONS OF WESTERN STATES EQUIPMENT LIABILITY: In no event will Western States Equipment be liable for any incidental or
consequential damages (including, without limitation, loss of profits, rental of substitute equipment, or other commercial loss) that may be caused due
to a defect in the product of the breach of performance of Western States Equipment obligations under Extended Coverage.
E. OBTAINING EXTENDED COVERAGE SERVICE: To obtain service the owner/lessee must request Extended Coverage Service from the nearest
Western States Equipment branch. When making a request, the owner/lessee must promptly make the product available for repair and inform the
dealer of what they believe is the problem/defect. Extended Coverage service can be performed in the field if the owner/lessee and servicing branch
agree to do so. However, Western States Equipment will not be held responsible for any additional cost incurred because of the decision to repair a
machine in the field. Dealer Branches toll free number:
Idaho Falls, ID 877-552-2287 Pendleton, OR 888-388-2287
Lewiston, ID 800-842-2225 Pasco, WA 800-633-2287
Meridian, ID 800-8s2-2287 Spokane, WA 800-541-1234
Pocatello, ID 800-832-2287 Hayden ID 208-762-6600 (Not a toll free number)
Twin Falls, ID 800-2s8-1009
Kalispell, MT 800-63s-7794
Missoula, MT 800-548-1512
LaGrande, OR 800-963-3101
F. TRANSFER OF UNUSED COVERAGE UPON RESALE: Remaining Extrded Coverage applicable to a used Caterpillar product is transferred to a
subsequent end use purchaser only if: I) The subsequent purchase is made before the product's Extended Coverage expires. 2) The product is
determined by Western States Equipment to be in satisfactory condition folio ing an inspection performed by an authorized Western States Equipment
branch at the subsequent end use purchaser's expense. 3) The subsequent nd use purchaser receives Western States Equipment's written
confirmation of the transfer. 4) The use of the product by the subsequent end use purchaser remains in the initial/same application group designed on
the product's original coverage application, or the subsequent end use purchaser pays the amount specified by Western States Equipment for
conversion of the remaining coverage to a different application group.
G. CANCELLATION OF COVERAGE: The owner may cancel Extended Coverage: I) Within thirty (30) days of machine purchase by original end use
purchaser if no claim has been made, and receive a full refund of the coverage purchase price, less a $50.00 cancellation fee. 2) At any other time
during the coverage by the first end use purchaser and receive a pro rata refund of the coverage purchase price for the unexpired term of the coverage,
based on the number of lapsed months, less a $50.00 cancellation fee. 3) Prior to cancellation owner/lessee must provide written notice of the intent to
cancel coverage to the nearest Western States Equipment branch.
H. COVERAGE AFFORDED UNDER THIS CONTRACT IS NOT GUARANTEED BY THE IDAHO INSURANCE GUARANTY ASSOCIATION.
OBLIGATIONS OFTHE MACHINE SERVICE CONTRACTPROVIDERUNDERTHIS MACHINE SERVICE CONTRACTARE GUARANTEED UNDER A
SERVICE CONTRACT LIABILITY POLICY. SHOULD THE MACHINE SERVICE CONTRACT PROVIDER FAIL TO PAY OR PROVIDE SERVICE ON
ANY CLAIM WITHTN SIXTY (60) DAYS AFTER PROOF OF LOSS HAS BEEN FILED, THE MACHINE SERVICE CONTRACT HOLDER IS
ENTITLED TO MAKE A CLAIM DIRECTLY AGAINST THE INSURANCE COMPANY.
I. UPON FAILURE OF THE OBLIGOR TO PERFORM UNDER THE CONTRACT, CATERPILLAR INSURANCE COMPANY SHALL PAY ON
BEHALF OF THE OBLIGOR ANY SUMS THE OBLIGOR IS LEGALLY OBLIGATED TO PAY OR SHALL PROVIDE THE SERVICE THAT THE
OBLIGOR IS LEGALLY OBLIGATTED TO PERFORM ACCORDING TO THE OBLIGOR'S CONTRACTUAL OBLIGATION UNDER THE SERVICE
CONTRACTS ISSUED BY THE OBLIGOR, AND CATERPILLAR INSURANCE COMPANY WILL PAY CLAIMS AGAINST THE OBLIGOR FOR THE
RETURN OF THE UNEARNED PURCHASE PRICE OF THE SERVICE CONTRACT.
J. THIS DOCUMENT IS NOT AN IMPLIED WARRANTY. THIS COVERAGE IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FjITNESS FOR A PARTICULAR PURPOSE. REMEDIES UNDER THIS
COVERAGE ARE LIMITED TO THE PROVISION OF MATERIAL AND LABOR, AS SPECIFIED HEREIN. WESTERN STATES EQUIPMENT IS NOT
RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
K. REGISTER OBLIGOR: WESTERN STATES EQUIPMENT COMPANY IS REGISTERED OBLIGOR, WHO IS CONTRACTUALLY OBLIGATED
TO THE SERVICE CONTRACT HOLDEWOWNERS NAME TO PROVIDE S RVICE UNDER THIS SERVICE AGREEMENT. WESTERN STATES
EQUIPMENT COMPANY CAN BE CONTACTED AT THE FOLLOWING ADDRESS OR PHONE NUMBER: WESTERN STATES EQUIPMENT
COMPANY 500 E OVERLAND ROAD, MERIDIAN, ID 83642 (208) 888.2287.I SERVICE CONTRACT INSURBR: CATERPILLAR INSURANCE
COMPANY 2120 WEST END AVE., NASHVILLE, TENNESSEE 37203 1800 248-4228
Form #SVC15-0 8/05/2011
PAGE: 8 of 10
CATERPILLAR®
Delivery Service Record
Caterpillar Inc.
Peoria, Illinois 61629
Check when information has
been entered into the
Product. Information System
through Caterpillar dealer
terminal.
Comprobante Del Sery cio de Entrega
DO NOT SEND IF
ENTERED INTO P.I.S.
DLR. CODE
MODEL
MACHINE SERIAL NO.
HOURS
DELIVERY DATE
ENGINE SERIAL NO.
COD. DISTRIB.
MODELO
N/S MAOUINA
HOUAS
FECHA DE ENTREGA
N/S MOTOR
H510
259D
F1114438
0
ATTACHMENTS INSTALLED; BUCKET, DOZER, RIPPER, WINCH, CAB,
TRANSMISSION, BOOM, STICK, ETC.
ACCESORIOS INSTALADOS: CUCHARON, HOJA, DESGARRADOR. MALACATE,
CABINA, TRANMISION, PLUMA, BRAZO, ETC,
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
78" GP BKT .62CYD SSL
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Mfr. & Model or Part No,
Fabricante y Modelo o N/P
Serial No.
N/S A4177BK21139
Serial No.
N/S
Serial No.
N/S
Serial No.
N/S
Customer Name (Please Print) CityOf Mccall
Nombre del Cliente (con letra de imprenta)
Direcclbn postal complete
216 E Park St McCall, ID 83638-3832
Country USA
pats
Delivery service on this machine has been completed, including thelI following Items. Check( ) when each Item is completed.
El servicio de entrega de esta mbquina se ha completado Indus° lob puntos siguientes, Marque,,( ) cada punto que complete.
❑ ) Operation Gulde delivered with machine and operating controls end warning labels explained to user.
Sa entreg6 con la m6qulna le Gule de Operaci6n y se expllc6 al usuerio la operad6n de los wnlroles y os r6lulos de edvertencla.
❑ 2, Maintenance Gulde delivered with machine and maintenance service, fluid levels and adjustments explained to user,
Se entreg6 con la maquina la Gula de Conservaolan y se explic6 al usuarlo el servicio de conservacl6n, ajustes y nivel de fluldos
User's Signature
Firma del usuario
Delivery Checklist CONTINUED ON REVERSE SIDE
At dealership
❑ Make sure all pending Safety Product Improvement
Programs (PIP) have been completed.
❑ Make sure all necessary forms and literature are available.
❑ All decals are Installed.
❑ All attachments are Installed/available.
❑ Install shipping/service lock pins in lire suppression
system (II equipped) when transporting machine.
Dir. Rep. Signature
Firma del representante
del distribuidor
❑ 3. Parts Book delivered with machine.
Se entreg6 con la maquina el Catalog° de Plazas.
4, All items on Delivery Checklist have been completed,
Se hizo todo to indicado en el Comprobante de Entrega
(No. de Foma 01-085314-03).
At delivery area with customer (owner. operator);
❑ Explain Parts Book.
❑ Explain all warning labels on machine.
❑ Show °cation of all serial numbers on machine.
Lubrication and Maintenance.
❑ Explain Maintenance Guide.
❑ Instruc how to use lubrlcatlon and maintenance chart.
❑ Snow all lubrication points on the machine and attachments.
Usta de Comprobacl6n SIGUE AL DORSO
En la distribuidora
❑ Asegurese qua se complelaron los programas pandlentes de
mejoras al product° pare Ilnes de seguridad (PIP),
❑ Asegurese qua hay disponibles Codas las formes y follelos
necesarios.
❑ Se han pueslo lodes las etiquetas.
❑ Todos los accesorlos est6n Instalados/dlsponibles.
❑ Se han Instated° Cos pasadores de traba pare embarque/servicio
en el sislema supresor de Incendios (si Ilene) al transporter la
maquina.
En el lugar de entrega. con el cliente (propietario. operador),
❑ Exptica et Catalog., de Plazas.
❑ Exptica lodos los ratulos de edvertencla de la maquina.
❑ Moatra ublcacibn de lodes los nameros de aerie en to maquina.
Lubrlcacldn y Conservecldn
❑ Expllca le Guia de Comer/mien.
❑ Indic& c6mo se utilize el cuadro de lubdcacian y conservacl6n.
❑ Mostra todos los puntos de lubricaclen de la maquina y accesorlos.
01.085314.09 (3515)
PAGE: 9 of 10
WWESTERN
STATES
CAI
Thursday, September 7, 2017
Proper equipment maintenance and service history can increase your equipment resale value and planned preventative
maintenance (PM) is a key contributor to improved equipment availability and lower operating costs. We'll track, schedule, and
help you manage your equipment maintenance.
Your EM Solution Agreement Includes:
Connectivity & Data Access - Access to product data/information using Product Link as the enabling technology on the
machine, and Vision Link for online access to information and tools,.
Product/Fleet Status Report - Monthly reports sent to you with fleet level information to help identify success and areas for
improvement across the fleet and by product family.
Condition Monitoring Services - Data Analysis and Interpretation of machine health, SOS Fluid Sampling, annual Inspection,
and serial number specific reports with recommendations.
Preventive Maintenance Kits - Necessary filters, seals, gaskets and SOS kits for you to perform recommended maintenance.
NOTE: 250 hour interval services consist mostly of taking oils samples and checking fluid levels.
1
Model
Serial Numb
259D FTL14438
r
Term
(years/hours)
MS EMS Basic
Agreement Total
Included
Please provide the delivery address that you would like to receive your PM parts kits at.
In order to get the most from your machine and the telematics, you will need to access the information thru Vision Link. We will
help you get that set up, simply provide the user(s) name and email address so that we can get the process started.
Vision Link Users:
Customer
Phone Email Address
Western States Equipment
1
City of McCall
216.6 Park Street
McCall, Idaho
83638
Dear Valued Customer,
September 13, 2017
Please accept this letter asa guarantee for purchase of your Caterpillar Model259D Compact Loader
Seriial. Numb!er.. E L1.4A38- . This gua>antee is made in conjunction with the Governmental Failsafe •
Warranty, Weagree. to purchaseurnt frinn you at theend.of the fifth year forthe.amount of
S-53,000 based:on a maximum of5,000 S.14.11's; If the tiine.peiiod or serdice•meter unit limits are
exceeded thiabove machine will be appraised to determine anew value.
Lessee agrees that each.Unit, upon ita xc tarsi shall:
•
1. Be in sound meehanical condition.e d to be in good working order tuiderfull load.
2. .Have the'sante attaehments and pia: a parts as when delivered:
3, a. Have tires in•sefe and operable condition With a minimum of (40%) of wear
•remaining tread life and all.ofthe:genie style (no recaps).
lit
b. Haven Minimum. offorty percrat 00%). life remaining on all undercarriage
components ineluding.traekthe (inks,. pinsandbushings, idlers, bogies, sprockets,narrier
rollers, track rollers; .
-4. Have net cracked orbroken.glass;
5: Have no missintsheet Metal and any dainage to sheet .metal;
b. Have no structural damage to flmic.
7, • Have met the full requirement of the Warrantyptocedures, including scheduled oil sampling at the
prescribed intervals.
8. Have •no.8antage or modification to riaoliine •ROPS .(roll over protection structure) per Caterpillar
•
guidef'mes, repair•orreplacement of BOPS will be lulled at time Of return.
We requiret}iirty (30) days written notie .if you choose to exercise<this guarantee and transfer title of the .
above -described equipment to Western t tides Equigment-Company.
Ifyou have aay questions Prif we may brnf furtlier assistance, please•call.
It ia•understood that under this agreemen. that the "terms ofitturir will be met and/or brought into
complianee before this:re-purchase• agreement wilf.be fully executed. Items that are out ofcempiiance will
be repaired and billed to City of McCall.
Sincerely,
°Vitally sighed by Kelly Olson
,e„et Oate.'io17.o9.1316:2636
-o6 xe:
_ Kelly Olson
Vice President, Finance
U
t Manager
Authorized Sig nttino /
J
/� t
Meeting Minutes
CAT
Financial
WESTERN STATES EQUIPMENT CO.
500 E. OVERLAND ROAD
P.O. BOX 38
BOISE ID 83707-0038
Reference:
CITY OF MCCALL
We are requesting a copy of the minutes of the appropriation meeting during
allocated.
A copy of this information is necessary to complete the documentation package
return a complete package will ensure timely payment to you.
Thank you for your assistance.
CATERPILLAR FINANCIAL SERVICES CORPORATION
DOCUMENTATION DEPARTMENT
Fr.m Nn LTRW7
which the funds for this deal were
and to fund the deal. Your ability to
5588027 09/079017 5:09 PM CT
IIIIhif 'r kNIII111
Attachment D - Payment Schedule
Transaction Number 3216365
CAT'
Financial
1. PARTIES
LESSOR (we):
LESSEE (you):
CATERPILLAR FINANCIAL SERVICES CORPORATION CITY OF MCCALL
2. PAYMENT SCHEDULE
Payment Dates
Payment Numbers
1-5
FINAL PAYMENT OF
Payment Amounts Due
$115,867.22
$858,000.00
SIGNATURES
LESSOR CATERPILLAR FINANCIAL SERVICES
CORPORATION
Signature
Name (print)
Title
Date
Nielah Burnett
Documentation Manager
tan
tals111'
LESSEE CITY OF MCCALL
Signature
Name (print)
Title
Date
ssn5n 09977e077 590 PM C7
Non Appropriation Addendum
Lessee/Renter/Customer:
City of McCall, Idaho
Purchase -Lear
Dated: Sept9mber
Agreement
14, 2017
Lessor:
Caterpillar Financial Services Corporation
Lease, Rental
Application #:
or Contract
321365
This Non -Appropriation Addendum (this "Addendum") is made by and between the
above -referenced lessee, renter or other customer ("City") and the above -referenced lessor
("Lessor").
Introduction: City and Lessor are simultaneously herewith entering into the above -
referenced lease, rental, or other agreement (the "Lease"); and City and Lessor wish to modify
and/or supplement the terms of the Lease, as
more particularly set forth herein below. This
Addendum shall be effective as of the same date as the Lease (the "Effective Date").
1. Incorporation and Effect. This Addendum is hereby made a part of, and
incorporated into, the Lease as though fully set forth therein. As modif ed or supplemented by the
terms set forth herein, the provisions of the Lease shall remain in ful force and effect, provided
that, in the event of a conflict between any provision of this Addendum and any provision of the
Lease, the provision of this Addendum shall control. In entering into this Addendum, it is the
intent of City and Lessor to conform the terms anc
conditions of the Lease to the requirements of
all applicable federal, state and local laws, rules and regulations relating to governmental entities
and public finance. If any term or condition of this Addendum is unenforceable or unlawful, then
such provisionshall be deemed null and void without invalidating the remaining provisions of the
Lease.
2. Definitions. Capitalized terms herein that are not otherwise specifically defined
herein shall have the same meanings as set forth in the Lease. As used in this Addendum, the
following terms shall have the following -described meanings:
"Goods" shall have the same meaning as the term "Equipment," "Leased Equipment,"
"Goods" or "Property" (or a similar term) as dIefined and used in the Lease.
3. Non -Appropriation of Funds. City hereby represents, warrants and covenants to
Lessor that: (a) City intends, subject only to the provisions of this Section 3, to remit to Lessor all
sums due and to become due under the Lease for the full multi -year term thereof; (b) City's
Non -Appropriation Addendum to Equipment Leases between
the City of McCall and Caterpillar Financial
Page 1 of 6
governing body has appropriated sufficient funds to pay all amounts due to Lessor during City's
current fiscal period; (c) City reasonably believes that legally available funds in an amount
sufficient to make all such payments for the full multi -year term can be obtained; and (d) City
intends to do all things lawfully within its power to obtain and maintaii funds from which all such
payments to become due during the full multi -year term of the Lease including making provision
for such payments to the extent necessary in each budget or appropriation request submitted
and adopted in accordance with applicable law. Notwithstanding the foregoing, the decision
whether or not to budget and appropriate funds is within the discretion of City's governing body.
In the event City's governing body fails to appropriate sufficient funds to make all payments and
pay other amounts due and to become due during City's future fiscal periods, City may terminate
the Lease as of the last day of the fiscal period for which appropriations were received (an "Event
of Non -appropriation"). City agrees to deliver notice of an Event of Nob -appropriation to Lessor at
least 30 days prior to the end of City's then -current fiscal periold, or if an Event of Non -
appropriation has not occurred by that date, promptly upon the occurrence of any such Event of
Non -appropriation and to return the Goods pursuant to the return requirements stated in the
Lease on or before the effective date of termination. City and Lessor understand and intend that
City's obligation to make payments and pay other amounts due under the Lease shall constitute
a current expense and shall not in any way be construed to be a debt, obligation, or liability in
contravention of any applicable constitutional or statutory limitations or requirements concerning
City's creation of indebtedness, nor shall anything contained herein constitute a pledge of City's
general tax revenues, funds or monies.
4. ' Additional Representations, Warranties and Covenants of City. In addition to the
other representations, warranties and covenants made by City as set forth in the Lease, City
hereby represents, warrants and covenants to Lessor that: (a) City Yeas the power and authority
under applicable law to enter into the Lease and this Addendum and the transactions
contemplated herein and therein and to perform all of its obligations hereunder and thereunder,
(b) City has duly authorized the execution and 'delivery of the Lease and this Addendum by
appropriate official action of its governing body' and has obtained such other authorizations,
consents and/or approvals as are necessary to consummate the Lease and this Addendum, (c)
all legal and other requirements have been met,and procedures have occurred, to render the
Lease and this Addendum enforceable against City in accordance with their terms, and City has
complied with such public bidding requirements as may be applicable to the Lease and this
Addendum and the transactions contemplated herein and therein, (d) upon Lessor's request, City
will provide Lessor with a copy of City's current financial statements within 150 days after the end
of each fiscal period, and (e) during the term ,of the Lease, unless and until the Lease is
Non -Appropriation Addendum to Equipment Leases between the City of McCall and Caterpillar Financial
Page 2 of 6
terminated in accordance with Section 3 above, City shall provide to Lessor, no later than 10
days prior to the end of each fiscal period, with current budgets or oth r proof of appropriation for
the ensuing fiscal period, and such other financial information relatin to City's ability to continue
the Lease, as Lessor may request.
5. Indemnification. To the extent City is or may be obligated to indemnify, defend or
hold Lessor harmless under the terms of the Lease, any such ind6mnification obligation shall
arise only to the extent permitted by applicable law and shall be limited solely to sums lawfully
appropriated for such purpose in accordance with Section 3 above.
6. Remedies. To the extent Lessor'$ remedies for a Cjty default under the Lease
include any right to accelerate amounts to becomle due under the Lease, such acceleration shall
be limited to amounts to become due during City's then current fiscal period. In the event that City
is obligated to return the Goods to Lessor, the same shall be done at City expense so long as the
destination is not more than 100 miles distant from the City of McC II, Idaho; otherwise, Lessor
shall pay the expense of transportation to the destination designated y Lessor. After an Event of
Non -appropriation, so long as the lease payment for the then curren fiscal year has been paid,
upon delivery of the Goods in the manner prescribed and so long as the Goods shall be in the
same condition as when received by City (ordinary wear and tear) excepted) and is in good
operating order and maintenance as required in the Lease, City's obligation to Lessor shall be
1
deemed satisfied. To the extent that the Lease cotains a limitation 1 remedies clause restricting
remedies available to the City, such limitation shall be subject to Article 8, Section 4, of the Idaho
Constitution.
7. Tax warranties. Notwithstanding anything in the Lease to the contrary, City
makes no warranties regarding whether any portion of the lease payments are interest or that the
interest is exempt from taxation because of City's governmental 'status. City will and does
warrant that it is a municipal corporation organized under the laws of the state of Idaho, and will
complete any IRS or other tax agency forms that Lessor directs so long as the information
sought and factual representations to be made on the forms can be made accurately within the
format of the forms. City reserves the right to include any explanation of data that City deems
necessary to avoid misrepresenting any facts on said forms. A determination by any taxing
authority that the lease payments, or any part of tlhe lease payments, are includable in Lessor's
gross income shall not constitute a default under the Lease and will not result in any increase in
amounts payable under the lease.
8. Accessions and attachments. Notwithstanding any hing in the Lease to the
contrary, any accessions or attachments made to the Goods by the City are not part of the
Goods, and are not part of the Lease unless the accessions or attachments are provided by
Non -Appropriation Addendum to Equipment Leases between
the City of McCall and Caterpillar Financial
Page 3 of 6
Lessor or Lessor's affiliate and are part of the description of the Goods contained in the lease, or,
are bona fide replacements of original equipment integral to the Goo s at the time of delivery to
the City. At termination of the Lease, before the Goods are returned to Lessor, City will remove
any accessions or attachments it has affixed to the Goods and will repair any damage to the
Goods occasioned by the removal of the same.
9. Preservation of right of offset. Notwithstanding an thing in the Lease to the
contrary, City retains the right to offset against amounts due under th8 Lease any defense, claim,
setoff, or counterclaim or other right, existing or future, which City may have against the Lessor,
or the entity that supplied the Goods.
10. Insurance. Notwithstanding anything in the Lease to the contrary, Lessor shall not
be City's attorney in fact in any way or for any reason including but nbt limited to insurance. City
shall not be obligated to assign any insurance policies, titles, rights or benefits to Lessor. The
City shall name the Lessor as a loss payee on the insurance coverage for the leased personal
property. City shall have no obligation to add the Lessor as an additional named insured because
the City's insurer prohibits such addition.
11. Opinion letter by Counsel for City. The opinion letter if any, required by Lessor
from counsel for the City shall only require that counsel opine on: 1) whether the City is duly
organized and legally existing as a political subdivision under the Constitution and laws of the
state of Idaho; 2) whether the Lease has been quly authorized, executed and delivered by the
City and, subject to any applicable bankruptcy, insolvency, moratorium, or other limitations found
in Idaho law, is enforceable against City in accordance with its terms; 3) whether there is any
litigation pending or, within counsel's best knowledge, threatened which seeks to restrain, enjoin,
or in any other way challenges the authority of City to enter in.o the Lease or make an
appropriation for payment of an annual lease payment; and 4) whether the Lease has been
authorized, approved, and executed in accordahce with all applicable open meeting, public
records, and public bidding laws. No further opinions shall be required unless Lessor is willing to
fully and adequately compensate counsel for the additional requested opinions and the liability
thereby assumed.
12. Governing Law and Forum. Notwithstanding anything in the Lease to the
contrary, the Lease and this Addendum shall be governed by, construed and enforced in
accordance with the laws of the state of Idaho, and any proceedings related to the lease will be
adjudicated in state or federal court in Idaho.
13. Miscellaneous. This Addendum, together with the provisions of the Lease not
expressly inconsistent herewith, constitutes the entire agreement between the parties with
respect to the matters addressed herein, and shall supersede all prior oral or written
Non Appropriation Addendum to Equipment Leases between
the City of McCall and Caterpillar Financial
I
Page 4 of 6
negotiations, understandings and ,commitments. This Addendum may be executed In .any
number of counterparts, each of which shall be deemed to be an original, but all of which
together shall be. deemed to constitute one and the same agreement. A facsimile or other copy of
thiG Adripnrium with famimilP or cnpied Signatures shall have the full forna and Pffpnt of fhP
original for all purposes, Including the rules of evidence applicable to court proceedings.
IN WITNESS WHEREOF, the Lessor and Lessee do execute this Lease Addendum
the day and year written above. .
. Lessee:
City of McCall, Idaho
B
J'e J. Aymon ayo
NameMtle
BessieJo Wagner, City Clerk
Lessor:
Caterpillar Financial Services Corporation
By •
Nielah Burnett
Documentntion Manager
Non -Appropriation Addendum to Equipment Leases between the City ° McCall and Caterpillar Financial
Page 5 at 6 •
STATE OF IDAHO•)
ss:
County: of Valley )
On this day of .�6tV, 2017, before me, the undersigned Notary Public, in and
for said-Staterpersonally.appeared-Jackle-J—Aymon-and-BessieJo-Wagner;-known-to-me-to-be
the Mayor and City Clerk of the City of McCall, a municipal corporation of the State of Idaho, who
executed the within instrument, and acknowledged to me that such city executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my'official seal the day and
year in this certificate first above written.
0prinuuugr,
(SEAL§. \•P4 TvcF9,''%
�.
a � 0)1AR y
• Ut c,
. /0,
s. •°-•
,,r•iTkijil&,off+0
Notary Publirfor�reano
Commission Expires: (O(S/27i
STATE OF f n1 )
: ss:
County of Valley -emu, cti e;N( )
On this c3 day of1� , , 2017, befor•e� me, the undersigned Notary Public, in and
for said State, personally appeared w....wa. S�ur•�rti � , known tome to be .the
,t..&r1 of Caterpillar Financial Services Corporation, who executed
the within instrument, and ackno ledged to me that such city executed the same. •
IN WITNESS WHEREOF, I have hereunto set my hand and affixed m'y official seal the day and
year in this certificate first above written.
(SEAL)
Notary Public for Tennessee
Commission Expires: cr)
Non Appropriation Addendum to Equipment Leases between the City of McCall and Caterpillar Financial
Page 6 of 6 '
Attachment B
Transaction Number 3216365
CAT®
Financial
GOVERNMENTAL ENTITY RESOLUTION TO LEASE, PURCHASE AND/OR FINANCE
WHEREAS, the laws of the State of Idaho (the "State") authorize CITY OF MCCALL (the "Governmental Entity"), a duly organized political
subdivision, municipal corporation or similar public entity of the State, to purchase, acquire and lease personal property for the benefit of the
Govemmental Entity and its inhabitantsand to enter into any necessary contracts; and
the Governmental Entity wants to lease, purchase and/or finance equipment ("Equipment") from Caterpillar Financial Services Corporation
and/or an authorized Caterpillar dealer ("Caterpillar") by entering into that certain Govemmental Equipment Lease -Purchase Agreement (the
"Agreement") with Caterpillar; and
the form of the Agreement has been presented to the governing body of the Governmental Entity at this meeting.
RESOLVED,that: (i) the Agreement, including all schedules and exhibits attached to the Agreement, is approved in substantially the form
presented at the meeting, with any Approved Changes (as defined below), (ii) the Govemmental Entity enter into the Agreement with Caterpillar
and (iii) the Agreement is adopted as a binding obligation of the Governmental Entity; and
that changes may later be made to the Agreement if the changes are approved by the Governmental Entity's counsel or members of the governing
body of the Governmental Entity signing the Agreement (the "Approved Changes") and that the signing of the Agreement and any related
documents is conclusive evidence of the approval of the changes; and
that the persons listed below, who are the incumbent officers of the Governmental Entity (the "Authorized Persons"):
Name (Print/for Type)
.rgM.0 Iri
Title (Print or Type)
MID v"
be, and each is, authorized, directed and empowered, on behalf of the Governmental Entity, to (i) sign and deliver to Caterpillar, and its successors
and assigns, the Agreement and any related documents, and (ii) take or cause to be taken all actions he/she deems necessary or advisable to
acquire the Equipment, including the signing and delivery of the Agreement and related documents; and
that the Secretary/Clerk of the Governmental Entity is authorized to attest to these resolutions and affix the seal of the Governmental Entity to the
Agreement, these resolutions, and any related documents; and
that nothing in these resolutions, the Agreement or any other document imposes a pecuniary liability or charge upon the general credit of the
Govemmental Entity or against its taxing power, except to the extent that the payments payable under the Agreement are special limited
obligations of the Governmental Entity as provided in the Agreement; and
that a breach of these resolutions, the Agreement or any related document will not impose any pecuniary liability upon the Governmental Entity or
any charge upon its general credit or against its taxing power, except to the extent that the payments payable under the Agreement are special
limited obligations of the Governmental Entity as provided in the Agreement; and
that the authority granted by these, resolutions will apply equally and with the same effect to the successors in office of the Authorized Persons.
I,5c5 11�SCi 1.1J Q e� �.t l�l �� �� of CITY OF MCCALL, certify that the resolutions above are a
full, true and correct copy of resolutions of the governing body or the Governmental Entity. I also certify that the resolutions were duly and regularly.
passed and adopted at a meeting of the goveming body of the Governmental Entity. I also certify that such meeting was duly and regularly called and
held in all respects as required by law, at the Governmental Entity's office. I also certify that at such meeting, a majority of the governing body of the
Govemmental Entity was present and voted in favor of these resolutions.
I also certify that these resolutions are still in full force and effect and have not been amended or revoked.
IN WITNESS of these resolutions,the officer named below executes this document on behalf of the Governmental Entity.
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1111 1411111
5580017 09/132017 2:35 PM CT
City of McCall
RESOLUTION; NO. 17-19
A RESOLUTION OF THE CITY COUNCIL; OF THE CITY OF McCALL, VALLEY
COUNTY, STATE OF IDAHO, PROVIDING FOR FINDINGS AND PURPOSES;
AUTHORIZING T'HE MAYOR TO ENTER INTO, ON BEHALF OF SAID
MUNICIPALITY, A "GOVERNMENTAL EQUIPMENT LEASE -PURCHASE
AGREEMENT" AND A "NON -APPROPRIATION ADDENDUM" BETWEEN THE
CITY OF McCALL AND CATERPILLAR FINANCIAL SERVICES CORPORATION,
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of McCall:
WHEREAS, the City of McCall is authorized and has the power to lease personal property as
provided for in Idaho Code Section 50-301; and •
WHEREAS, the City of McCall desires to lease personal property from Caterpillar Financial
Services Corporation in accordance with the terms of the bid proposal submitted by Western States
Equipment dated August 29, 2017; and
WHEREAS, it is in the best interests of the City of McCall to enter into a lease with Caterpillar
Financial Services Corporation, a Tennessee corporation, denoted as "GOVERNMENTAL
EQUIPMENT LEASE -PURCHASE AGREEMENT" and "NON -APPROPRIATION
ADDENDUM", for the reasons and authority for which are as set forth in the two Agreements.
NOW, THEREFORE, BE IT RESOLVED BY,; THE MAYOR AND CITY COUNCIL as
follows:
Section 1. Findings
The City Council of the City of McCall finds:
1.1 The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of
McCall, that certain Agreement with Caterpillar Financial Services Corporation, entitled
"GOVERNMENTAL EQUIPMENT LEASE -PURCHASE AGREEMENT" and "NON -
APPROPRIATION ADDENDUM", and to bind this City to its terms and conditions.
I
1.2 That the terms of the leases substantially inform are just and equitable, and said leases are
hereby approved.
1.3 The City of McCall Clerk is directed to file this Resolution forthwith in the official records
of this City of ]McCall.
Page 1 of 2
Resolution 17-19 Caterpillar Financial Services Corporation Agreements
September 14, 2017
1.4 This resolution shall be in full force and effect from the date of its passage.
PASSED by the City Council of the City of McCall this 14 day of September, 2017.
APPROVED:
Signe
ckie J. mon, Mayor
ATTEST:
1 certify that the above Resolution was duly adopted by the City Council of the City of McCall on
September 14, 2017 by the following vote: Ayes: 5i
Noes: .�—�
Absent:
)11/ a 1/4
BessieJo Weyer, City CI'rk
,`IIII I I f i l l!uo,
.� OF M
Resolution 17-19 Caterpillar Financial Services Corporation Agreements
September 14, 2017
Page 2 of 2
INVITATION TO BID
COMPETITIVE SEALED BIDS FOR
FY2018-2022 Heavy Equipment Lease/Purchase
The City of McCall, Idaho is accepting sealed bids at the City Clerk's office, 216 E. Park Street, McCall, Idaho
83638 until 10:00 am (local time), August 30, 2017 for the following:
BASE BID l
• ONE, NEW AWD LOADER/3.0-3.5 CUBIC YARD BUCKET, WEIGHT 35,600#, 186 NET HP, WITH
A 10 YARD SNOW BUCKET, AND 3' VALVE FOR SNOW GATE AND BLADE
• TWO, NEW AWD LOADERS/4.0-4.5 CUBIC YARD BUCKETS, WEIGHT 42,000#, 230 NET HP, 10
YARD SNOW BUCKETS, AND 3' VALVE FOR SNOW GATE AND BLADE
f� ONE NEW AWD MOTOR GRADER, WEIGHT 45,000#, 250 NET HP, WITH SNOW WING
/ONE NEW SKID STEER LOADER, WEIGHT 7,400#, 70 NET HP, WITH ENCLOSED CAB, COLD
PLANER
BID ALTERNATE A (90l`-r C T CL-A4
• ONE NEW TRACK SKID STEER, WEIGHT 8,900#, 70 NET HP, WITH ENCLOSED CAB, CAB
HEATER, HIGH FLOW HYDRAULICS, SNOW BLOWER
INCLUDES: TRADE IN FOR A 2007 ASV SR70, PIN #G060710
BID ALTERNATE B UTU--e✓
ONE NEW AWD BACKHOE LOADER, WEIGHT 17,000#, 94 NET HP, WITH HYDRAULIC
COMPACTOR
That same day (8/30/17) at 10:30 AM, all received bids will be publically opened and read aloud at the American
Legion Hall, 216 E. Park Street, McCall, Idaho (downstairs from City Hall).
Complete bidding documents (instructions, forms, general and special specifications) are available via email by
contacting Sue DeVere, Administrative Assistant (sdevere n mccall.id.us). Each bid proposal shall be submitted in
a sealed envelope which is clearly marked "FY2018-2022 Heavy Equipment Lease/Purchase"
Qualified Firms requiring additional information or clarification relative to the contents of the bid should direct all
inquiries to Cris Malvich, McCall Streets Superintendent at (208) 634-8946 or cmalvich@mccall.id.us.
The City of McCall reserves the right to reject any or all bids/proposals or any part thereof, to waive any informality
or information in the bids proposals, and to accept the bid proposal considered to be in the best interest of the City.
The City also reserves the right to conduct reasonable negotiations with low bidders and sole bidders. Failure to
submit all information may declare a bid proposal as non -responsive subject for disqualification.
Nathan Stewart, P. E.
McCall Public Works Director
Publish: August 3`d and 10�', 2017