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HomeMy WebLinkAbout06 - Approval of Vehicle Replacement Purchase Order for One Utility Truck with Aerial Device from Terex Utilities of Watertown, SDQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report December 12, 2023 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Kyle Brodowski, Public Works Superintendent - 949-718-3464, Kbrodowski@newportbeachca.gov TITLE: Approval of Vehicle Replacement Purchase Order for One Utility Truck with Aerial Device from Terex Utilities of Watertown, SD The Public Works Department seeks City Council approval to purchase one utility truck with an aerial device from Terex Utilities of Watertown, SD (Terex Utilities) for the total cost of $205,936, in accordance with replacement criteria as established by City Council Policy F-9 (City Vehicle/Equipment Replacement Guidelines). City Council approval is required per City Council Policy F-14 (Authority to Contract) since the purchase exceeds the city manager's contract authority of $120,000. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve a purchase order for one utility truck with aerial device from Terex Utilities of Watertown, SD for a total amount of $205,935.65; and c) Authorize a contingency of $10,500 (approximately 5% of the total quote) to cover the cost of unforeseen changes to the current quote. DISCUSSION: The Utilities Department is responsible for maintaining a variety of streetlights, parking lot lights, beach flood lights, and recreation facility lights, totaling 5,900 lighting fixtures throughout the city. To perform maintenance or repairs, City of Newport Beach crews utilize a truck with an articulating aerial device insulated against hi -voltage and capable of providing a safe working platform at a height of 45 feet (Unit No. 3202). The current truck was purchased in 2009 and was scheduled for replacement in 2020. After a vehicle or equipment has reached its replacement year, City Council Policy F-9 states that it shall be inspected annually to determine its effectiveness. Due to low mileage and the vehicle's overall fair condition, the replacement of Unit No. 3202 was deferred to a future date. Now, pending costs associated with needed repairs to the aerial device and the hydraulic system justify replacement in accordance with the guidelines established by City Council Policy F-9. 6-1 Approval of Vehicle Replacement Purchase Order for One Utility Truck with Aerial Device from Terex Utilities of Watertown, SD December 12, 2023 Page 2 Terex Utilities provided the quote utilizing Sourcewell Cooperative (Sourcewell) purchasing agreement Contract No. 110421-TER (Attachment A) for the total cost of $205,936. The replacement truck will be similar in size and capability and will satisfy the criteria established for its use and function. Cooperative agreements are compliant with federal and state purchasing requirements and the City's Finance Department staff found the cooperative agreement and bidding process with Sourcewell meet the minimum requirements of the City's administrative procedures. FISCAL IMPACT: The adopted budget includes an appropriation of $200,000 for this vehicle replacement. With expected savings from other operational expenses, there is sufficient funding for the full replacement cost of $205,936, plus a contingency of $10,500. The purchase will be expensed to the Rolling Equipment Account in the Public Works Department Equipment Fund, 7529032-911016. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Quotation Number QU31346-TU-VI 6-2 ATTACHMENT A 0 TEREX,1. CUSTOMER ORDER ACKNOWLEDGEMENT Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU-V1 Unit: LT40 Sourcewell Contract Number: 110421-TER City of Newport Beach 3300 Newport Blvd. Newport Beach , CA 92658 Baseline Price: $189,225.65 Grand Total Each: $189,225.65 This written description and attached specifications have been producted by Terex USA, LLC dba Terex Utilities and shall not be released, disclosed, nor duplicated without the written permission of Terex USA, LLC dba Terex Utilities, Inc. Prices are subject to change until shipment. Applicable taxes and any applicable surcharges to be added. Taxes, shipping, handling and lead times are estimates and subject to change. Quoted prices are based on total package and subject to change if all items not purchased. All prices quoted are in U.S. dollars unless otherwise specified. Payment by cash or certified check only. Chassis price based off current pricing available at time of quote. Pricing is subject to change based on vehicle sourcing; final price to be confirmed prior to time of invoice. Chassis payment is due within 30 days of chassis receipt at our facility. Quote withdrawn after 60 days. Please ensure the accuracy of the specifications and drawings you provide. Changes made after receipt of order may incur additional charges. If you are trading equipment in, you warrant that: You have good title to the trade-in; it is free of all liens and encumbrances; all information you have provided related to the trade-in is true and correct. Terex purchased chassis through Terex preferred International Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage to nearest International Dealership for a warrantable failure. Coverage limited to $550 per incident. For roadside assistance call 1-800-448-7825. Terex-purchased chassis through Terex preferred Freightliner Dealer will include at no additional cost a special tow package for 12 months/unlimited mileage/KM extended towing coverage $550 cap FEX applies. For roadside assistance call 1-800-FTL-HELP. Notes: 1) Delivery Terms are CPT - 2020 . - Delivery to customer included. 2) Payment Terms are Net 30 Pending Approval . 3) Delivery days from receipt of order shall be 520-720 Days . Buyer hereby agrees to purchase the products in this quotation, subject to acceptance by Seller. Buyer has read and agrees to Seller's Terms and Conditions of Sale. Terex USA, LLC dba Terex Utilities Project Leader: Account Manager: Steve Fedt Albert Gutierrez Accepted By: PO Number: Quantity: Grand Total: Date: Page 1 of 28 6-3 ❑tb TEREX TEREX USA, LLC dba TEREX UTILITIES ("Seller") TERMS AND CONDITIONS OF SALE U.S. and CANADA (except Quebec) 1. Terms and Conditions. The provision by Seller to Buyer of any Equipment or Parts (collectively referred to as "Products") shall be exclusively governed by these Terms and Conditions of Sale ("Terms and Conditions") and Seller's sales order acknowledgement (collectively referred to as "Agreement"). This Agreement cancels and supersedes any and all terms and conditions previously issued by Seller and shall remain in effect unless and until superseded in writing by Seller. Acceptance of an order for Products by Seller shall be deemed to constitute a binding agreement between the parties pursuant to these Terms and Conditions and Buyer agrees that the order may not thereafter be countermanded or otherwise changed without the explicit prior written consent of Seller. No other terms and conditions shall apply, including the terms of any purchase order submitted to Seller by Buyer, whether or not objected to by Seller or whether or not such terms are inconsistent or conflict with or are in addition to these Terms and Conditions. These Terms and Conditions shall be deemed accepted by Buyer if any of the following occurs: (i) if confirmed by Buyer, (ii) if undisputed by Buyer within ten (10) days after receipt, or (iii) if Seller delivers Products to Buyer. Any communication construed as an offer by Seller and acceptance thereof is expressly limited to these Terms and Conditions. The Products are intended for industrial/commercial use by professional contractors and their trained employees and are not intended for use by consumers. 2.Terms of Payments. Payment for Products purchased by Buyer shall be made in accordance with any of the following terms, provided they have been previously arranged with and expressly approved by Seller in writing: (1) cash in advance; (2) confirmed, irrevocable letter of credit established in such amount and form and at such time and at such bank as shall be approved by Seller in respect of each order; (3) credit account purchases for which payment will be due and payable on net thirty (30) day terms, plus service and other charges applicable to past due amounts in accordance with Seller's written notices; or (4) other payment arrangements expressly approved by Seller in writing prior to or at the time the order is placed. If any Buyer credit account purchase is not paid in accordance with Seller's credit payment terms, in addition to any other remedies allowed in equity or by law, Seller may refuse to make further shipments without advance payment by Buyer. Nothing contained herein shall be construed as requiring Seller to sell any Products to Buyer on credit terms at any time, or prohibiting Seller from making any and all credit decisions which it, in its sole discretion, deems appropriate for Seller. Seller shall have the right, at its option, to charge interest on all amounts not paid when due and Buyer agrees to pay such interest calculated on a daily basis, from the date that payment was due until the Seller receives payment in full, at the rate of 1.5% per month or the maximum rate permitted by applicable law. Unless otherwise agreed in writing between Seller and Buyer, Seller may, in its sole discretion, increase or decrease the price of any Product, as Seller deems reasonably necessary, at any time prior to shipment and invoice Buyer for the same. If Buyer orders the chassis through Seller, the chassis payment is due upon receipt of chassis by Seller and the balance owed for the completed unit is due in accordance with agreed upon payment terms. When supplied by Buyer, Seller will inspect the chassis upon receipt and will notify Buyer of any chassis mounted components (including but not limited to fuel tanks, air tanks, battery boxes and exhaust systems) that require relocation. Buyer will be invoiced for such work upon completion of the finished Equipment. 3. Taxes and Duties. Unless otherwise noted, prices quoted do not include taxes or duties of any kind or nature. Buyer agrees that it will be responsible for filing all tax returns and paying applicable tax, duty, export preparation charge and export documentation charge resulting from the purchase of the Products. In addition, in the event any other similar tax is determined to apply to Buyer's purchase of the Products from Seller, Buyer agrees to indemnify and hold Seller harmless from and against any and all such other similar taxes, duties and fees. All prices quoted are U.S. dollars unless otherwise specified. The amount of any present or future taxes applicable to the sale, transfer, lease or use of the Products shall be paid by Buyer; or in lieu thereof, Buyer shall provide Seller with a tax exemption certificate satisfactory to the applicable taxing authority proving that no such tax is due and payable upon such sale, transfer, lease or use. 4. Title, Property, Risk and Delivery. Unless otherwise stated in writing, for all intra-continental United States shipments, all prices and delivery are FCA, point of manufacture (Incoterms 2020); for all other shipments, all prices and delivery are FAS, named port of shipment (Incoterms 2020). Title and all risk of loss or damage to Products shall pass to Buyer upon delivery, as per Incoterms 2020. Any claims for loss, damage or delay in transit must be entered and prosecuted by the Buyer directly with the carrier, who is hereby declared to be the agent of the Buyer. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within five (5) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Products to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. Delivery shall generally be 240 to 270 days after receipt by Seller of a signed Order, provided that, where applicable: (1) Seller receives the chassis a minimum of 90 days prior to scheduled delivery, (2) drawings are timely sent by Buyer and the approved drawings are returned to Seller by Buyer by the requested date, (3) all vendor -supplied components and Buyer -supplied accessories are received by Seller by the date necessary to comply with scheduled delivery. Seller shall not be liable for any delay in performance of this agreement or delivery of the Products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by a force majeure event described in Section 20 herein or any other cause beyond Seller's control. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within fifteen (15) days after Buyer's receipt of shipment. Seller's responsibility for shipment shall cease upon delivery of the Parts and or Equipment to the place of shipment, and all claims occurring thereafter shall be made to or against the carrier by Buyer. 5.Delays Caused By Buyer. In the event of a delay in shipment or delivery due to delay by Buyer in furnishing delivery instructions, arranging a method of payment satisfactory to Seller, submitting valid import permits or licenses, or any other delay caused by Buyer or at Buyer's request, if the Products are not shipped or delivered within five (5) days from the first date they are ready to be shipped or 2 - Terex USA, LLC dba Terex Utilities, Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 1 June 2023 6-4 ❑tb TEREX delivered, then Seller shall be entitled to charge, as compensation, any additional costs incurred related to such delay. If the Products are not shipped or delivered by the date which is ten (10) days from the first date they are ready to be shipped or delivered, then Buyer's order shall be deemed cancelled and Seller may, in its sole discretion, sell such Products to another buyer without any liability or responsibility to Buyer whatsoever. Seller shall have the right to keep payments on account already received from Buyer, and the difference between the sales price (increased by any other and all further costs, including but not limited to attorney's fees and expenses, storage and other costs, and interest accrued thereon) and the price received from another buyer shall constitute a debt of Buyer and bear interest at the same rate set forth in Section 2 herein. Seller shall be entitled to claim for any further damages suffered as a consequence of Buyer's breach of its obligations hereunder. 6.Cancellation. Prior to delivery to place of shipment, a Product order may be cancelled only with Seller's prior consent and upon terms indemnifying Seller from all resulting losses and damages. Seller shall have the right to cancel and refuse to complete a Product order if any term and/or condition governing this agreement is not complied with by Buyer. In the event of cancellation by Seller, or in the event Seller consents to a request by Buyer to stop work or to cancel the whole or any part of any order, Buyer shall, in the event that Seller asks Buyer to do so, make reimbursement to Seller, as follows: (i) any and all work that can be completed within thirty (30) days from date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by Seller in connection with the order, Buyer shall pay such sums as may be required to fully compensate Seller for actual costs incurred, plus fifteen percent (15%). Buyer may not cancel any order after Seller's delivery to place of shipment. Orders for "Special" Equipment may not be cancelled after acceptance, except by Seller. Items of "Special" Equipment are those that differ from standard Seller specifications, have a limited market, or incorporate specifications that have been determined for a specific application. Determination of whether an item of Equipment is "Special" shall be made by Seller in its sole discretion. 7. Inspection and Acceptance. Buyer agrees that it shall inspect the Products immediately after receipt and promptly (in no event later than fifteen (15) days after receipt) notify Seller in writing of any non -conformity or defect. Buyer further agrees that failure to give such prompt notice or the commercial use of the Products shall constitute acceptance. Acceptance shall be final and Buyer waives the right to revoke acceptance for any reason, whether or not known by Buyer at the time of such acceptance. The giving of any such notice by Buyer shall automatically cause the provisions of Seller's warranty to apply and govern the rights, obligations and liabilities of the parties with respect to such nonconformity or defect, provided under no circumstances shall rejection give rise to any liability of Seller for incidental or consequential damages or losses of any kind. Seller shall not be bound by any agent's, employee's or any other representation, promise or inducement not set forth herein. Seller's catalogues, technical circulars, price lists, illustrations, drawings and any other similar literature are for Buyer's general guidance only and the particulars contained in them shall not constitute representations by Seller and Seller shall not be bound by them. 8. Warranty for New Products. Seller warrants its new Equipment and Parts manufactured and sold worldwide, to be free, under normal use and service, of any defects in material or workmanship for a period of twelve (12) months from the date of delivery(as limited by Seller's Limited Product Warranty); provided that Buyer sends Seller written notice of the defect within thirty (30) days of its discovery and establishes that: (i) the Equipment has been operated and maintained in strict compliance with Seller's operating and maintenance manuals ; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction of Buyer, its agents or employees and (2) a new machine registration certificate has been completed, signed and delivered to the Seller within thirty (30) days of the Equipment's "in-service" date. If requested by Seller, Buyer must return any defective Product to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it. Accessories, assemblies and components included in the Products of Seller, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the original purchaser or end - user if sold to a distributor, and is not assignable or otherwise transferable without written agreement of Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's Products. This warranty shall not apply to any of Seller's Products or any part thereof which has been subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage. No action by either party shall operate to extend or revive this limited warranty without prior written consent of Seller 9. Warranty for Used Equipment. Used Equipment sold hereunder is sold on an "AS IS, WHERE IS, WITH ALL FAULTS" BASIS WITH NO WARRANTIES WHATSOEVER, EXCEPT AS TO TITLE, UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING BY BUYER AND SELLER. SELLER ASSUMES NO RESPONSIBILITY FOR THE CONDITION, SAFETY, LEGAL COMPLIANCE, OR USABILITY OF THE USED EQUIPMENT AND MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USED EQUIPMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF THE USED EQUIPMENT, NOR THE SUFFICIENCY OF ANY WARNINGS, INSTRUCTIONS OR MANUALS PROVIDED WITH THE USED EQUIPMENT. Seller recommends and Buyer acknowledges that Buyer should contact the original manufacturer to obtain all available information for the used Equipment, including but not limited to product manuals, warnings, safety bulletins, recall notices, and instructional placards before using the used Equipment. Seller shall not be responsible for providing such information. Buyer agrees not to assert any claims against Seller with respect to the used Equipment or its use. Buyer agrees that it shall inspect the used Equipment prior to issuance of a purchase order for such Equipment and acknowledges that it is not relying upon 3 - Terex USA, LLC dba Terex Utilities, Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 1 June 2023 6-5 ❑tb TEREX any photographs, images, videos, representations, statements or other assertions made by Seller with respect to the used Equipment's condition, but is relying upon its own knowledge and/or inspection of the used Equipment. 10. Remedies for Breach. IN THE EVENT OF ANY BREACH OF THE WARRANTY BY SELLER, THE PARTIES AGREE THAT SELLER'S LIABILITY SHALL BE LIMITED EXCLUSIVELY TO THE REMEDIES OF REPAIR OR REPLACEMENT (AT SELLER'S SOLE DISCRETION) OF ANY DEFECTIVE EQUIPMENT COVERED BY THE WARRANTY. In no event shall any repair or replacement of any defective equipment covered by the Seller's warranty extend the length of the warranty beyond the period specified in Section 8 herein. 11. Limitation of Liability. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY, Seller and its affiliates shall not be liable for, and specifically disclaim, any liability for any: (a) LOST PROFITS and/or business interruption (WHETHER DIRECT OR INDIRECT); and (b) indirect, incidental, consequential (whether direct or indirect) or other damages or losses of any kind whatsoever, including, without limitation, labor costs, lost profits, loss of use of other equipment, third party repairs, personal injury, emotional or mental distress, improper performance or work, penalties of any kind, loss of service of personnel, or failure of Products to comply with any federal, state, provincial or local laws, regardless of whether arising from a breach of contract, or warranty, legal claims or otherwise. Nothing in this Section shall operate to exclude Seller's liability for death or personal injury when directly related to Seller's negligent act or omission. 12. Limitation of Actions. Any action for breach of this agreement must be commenced within one (1) year after the cause of action has accrued. 13. Specification Changes. In the event Seller incurs additional expense because of changes in specifications or drawings previously approved by Buyer, or in the event Seller is required to modify the ordered Equipment, perform any additional work or supply any additional Products, the additional expense shall be added to the purchase price. Buyer must submit to Seller a revised purchase order specifying any and all requested changes. Upon receipt of Buyer's revised purchase order, Seller shall have the right, in its sole discretion, to accept or reject any changes in specifications requested by Buyer. 14. Trade-in Offers. Trade-in offers are subject to Seller's inspection and acceptance of the equipment, which must have been maintained to U.S. Department of Transportation operating and safety standards. All accessories on the equipment, including without limitation jibs, winches, pintle hooks and trailer connectors, must remain with the equipment unless otherwise agreed by Seller and Buyer in writing. Seller reserves the right to cancel any trade-in offers or agreements if these conditions are not met, or if Buyer has misrepresented any information about the trade-in unit. 15. Insurance. Until the purchase price of any Products is paid in full, the Buyer shall provide and maintain insurance equal to the total value of the Equipment delivered hereunder against customary casualties and risks; including, but not limited to fire and explosion, and shall also insure against liability for accidents and injuries to the public or to employees, in the names of Seller and Buyer as their interest may appear, and in an amount satisfactory to Seller. If the Buyer fails to provide such insurance, it then becomes the Buyer's responsibility to notify the Seller so that the Seller may provide same; and the cost thereof shall be added to the contract price. All loss resulting from the failure to affect such insurance shall be assumed by the Buyer. 16. Patents, Copyrights, Trademarks, Confidentiality. No license or other rights under any patents, copyrights or trademarks owned or controlled by Seller or under which Seller is licensed are granted to Buyer or implied by the sale of Products hereunder. Buyer shall not identify as genuine products of Seller products purchased hereunder which Buyer has treated, modified or altered in any way, nor shall Buyer use Seller's trademarks to identify such products; provided, however, that Buyer may identify such products as utilizing, containing or having been manufactured from genuine products of Seller as treated, modified or altered by Buyer or Buyer's representative, upon prior written approval of Seller. All plans, photographs, designs, drawings, blueprints, manuals, specifications and other documents relating to the business of Seller ("Information") shall be and remain the exclusive property of Seller and shall be treated by Buyer as confidential information and not disclosed, given, loaned, exhibited, sold or transferred to any third party without Seller's prior written approval; provided, however, that these restrictions shall not apply to Information that Buyer can demonstrate: (a) at the time of disclosure, is generally known to the public other than as a result of a breach of this Agreement by Buyer; or (b) is already in Buyer's possession at the time of disclosure by from a third party having a right to impart such Information. 17. Default and Seller's Remedies. In the event of default by Buyer, all unpaid sums and installments owed to Seller, shall, at Seller's sole option, become immediately due and payable without notice of any kind to Buyer. In addition to its right of acceleration, Seller may pursue any and all remedies allowed by law or in equity, including but not limited to any and all remedies available to it under the Delaware Uniform Commercial Code. In addition to the foregoing, and not in limitation thereof, Seller shall have the right to set off any credits or amounts owed to Buyer against any amounts owed by Buyer to Seller. 18. Indemnification by Buyer. Buyer hereby agrees to indemnify, release, defend and hold harmless Seller, its directors, officers, employees, agents, representatives, successors, and assigns against any and all suits, actions or proceedings at law or in equity (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) and from any and all claims demands, losses, judgments, damages, costs, expenses or liabilities, to any person whatsoever (including Buyer's and Seller's employees or any third party), or damage to any property (including Buyer's property) arising out of or in any way connected with the performance or the furnishing of Products under this agreement, regardless of whether any act, omission, negligence (including any act, omission or negligence, relating to the manufacture, design, repair, erection, service or installation of or warnings made or lack thereof with respect to any Products furnished hereunder) of Seller, its directors, officers, employees, agents, representatives, 4 - Terex USA, LLC dba Terex Utilities, Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 1 June 2023 6-6 ❑tb TEREX successors or assigns caused or contributed thereto. If Buyer fails to fulfill any of its obligations under this paragraph or this agreement, Buyer agrees to pay Seller all costs, expenses and attorney's fees incurred by Seller to establish or enforce Seller's rights. The provisions of this paragraph are in addition to any other rights or obligations set forth in this agreement. 19. Installation. Unless otherwise expressly agreed in writing, Buyer shall be solely responsible for the installation and erection of the Products purchased. Although Seller may in some cases provide a serviceman, data and drawings to aid Buyer with installation or start- up, Seller assumes no responsibility for proper installation or support of any Products when installed and disclaims any express or implied warranties with respect to such installation and support. Notwithstanding whether data and drawings are provided or a serviceman aids in the installation, Buyer shall indemnify and hold Seller harmless and at Seller's request, defend Seller from all claims, demands or legal proceedings (including the costs, expenses and reasonable attorney's fees incurred in connection with the defense of any such matter) which may be made or brought against Seller in connection with damage or personal injury arising out of said installation or start-up. 20. Force Majeure. Seller shall not be liable to Buyer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of Seller's obligations in relation to the Products if the delay or failure was due to any cause beyond the reasonable control of Seller including (without limitation) strike, lockout, riot, civil commotion, fire, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or changes in government, governmental agency, laws, regulations or administrative practices. 21. Anti -Corruption; Export Controls; No Boycotts. Buyer agrees that it shall, and that any party retained or paid by the Buyer ("Retained Party") shall, comply with all applicable laws including, but not limited to, laws prohibiting public corruption and commercial bribery. Buyer further agrees that it shall, and that any Retained Party shall, comply with all applicable export controls, economic sanctions, embargoes and regulations regarding the export, re-export, shipment, distribution and/or sale of Products, technology, information or warranty related services. Buyer further agrees that it shall not, and any Retained Party shall not, export or re-export Products, technology, information or warranty related services directly or with its knowledge indirectly into Iran, Sudan, Cuba, Syria, North Korea, the Crimea Region of the Ukraine or Russia without Buyer first obtaining written approval from Seller. Failure to comply strictly with this section and all applicable laws, regulations and licensing/approval requirements shall be grounds for immediate termination of this agreement by Seller. Notwithstanding anything to the contrary contained in any agreement between the Buyer and Seller or in any other document or agreement relating to the Products sold hereunder, Seller will not comply with requests related to the boycott of any country or other jurisdiction, except to the extent such boycott is required by or otherwise not inconsistent with United States law. 22. Telematics. If a telematics system is included with the Equipment, the telematics system is administered by a third party ("Teleservice Provider") and collects a range of operational data about the Equipment including, but not limited to, usage, performance and reliability. Buyer consents to Seller's obtaining such data from the Teleservice Provider for warranty, product improvement, marketing and customer support purposes and to Seller's management and reporting of data (personal and non -personal) about the Equipment including, but not limited to, fuel consumption, up/down times, operation, defects, parts replacement, movement and location. Buyer shall, to the extent required by applicable law, obtain consent from its customers and/or any third party for Seller and/or third parties to provide teleservices and data to Buyer. Buyer shall comply with all applicable laws relating to the provision of teleservices. Buyer agrees to be bound by the current version of the Terex Telematics Terms of Use at https://www.terex.com/en/ products/telematics-tou. 23. Construction and Severability. These Terms and Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof and shall be construed and enforced in accordance with the laws of Delaware. The United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG) shall not apply. The invalidity or unenforceability of any provisions of this agreement shall not affect any other provision and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 24. Jurisdiction. The parties agree that the proper and exclusive forum and venue in all legal actions brought to enforce or construe any provisions herein shall be in United States District Court, District of Delaware or, if federal jurisdiction is lacking in such action, in New Castle County Superior Court in Delaware. 25. No Assignment. No rights arising under this agreement may be assigned by the Buyer unless expressly agreed to in writing by the Seller. 26. No Set-off. Buyer shall have no right to set-off any amounts it may owe Seller against amounts Seller may owe Buyer under this or any other agreement between Buyer and Seller. 27. Miscellaneous. Buyer represents that: (i) it is solvent and has the financial ability to pay for the Equipment and Parts purchased hereunder and (ii) it has all requisite right, power and authority to perform its obligations under this agreement. Buyer's Initials: 5 - Terex USA, LLC dba Terex Utilities, Terms and Conditions of Sale, U.S. and Canada (except Quebec), Rev. 1 June 2023 6-7 � TEREX,11 LIMITED PRODUCT WARRANTY TEREX USA, LLC dba TEREX UTILITIES ("Seller"),as to the equipment manufactured by each respective company, warrants its new equipment and parts manufactured and sold worldwide to be free, under normal use and service, of any defects in manufacture or materials for a period of 12 months from date of delivery to the first end user, but in no event longer than 18 months from date of shipment from the factory; provided that (1) Seller receives written notice of the defect within thirty (30) days of its discovery and Buyer establishes that (i) the equipment has been maintained and operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees, and (2) a new machine registration certificate has been completed and received by Seller within thirty (30) days of the equipment's "in-service" date. If requested by Seller, Buyer must return the defective equipment to Seller's manufacturing facility, or other location designated by Seller, for inspection, and if Buyer cannot establish that conditions (1) (i) and (1) (ii) above have been met, then this warranty shall not cover the alleged defect. Seller's obligation and liability under this warranty is expressly limited to, at Seller's sole option, repairing or replacing, with new or remanufactured parts or components, any part which appears to Seller upon inspection to have been defective in material or workmanship. Such parts shall be provided at no cost to the owner, FOB Seller's parts facility (Incoterms 2010). If requested by Seller, components or parts for which a warranty claim is made shall be returned to Seller at a location designated by Seller. All components and parts replaced under this warranty become the property of Seller. This warranty shall be null and void if parts (including wear parts) or attachments other than genuine OEM Seller parts or approved attachments are used in or attached to the equipment. Accessories, assemblies and components included in Seller's equipment, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. Normal maintenance, adjustments, or maintenance/wear parts, are not covered by this warranty and are the sole maintenance responsibility of Buyer. The following structural members have a lifetime parts only warranty for the original Buyer after date of shipment from Seller: sub frame, pedestal, turntable, and boom. Replacement of fiberglass jibs, seals, gaskets, hoses, and exterior coating is not covered under the lifetime warranty. The lifetime warranty requires an annual service inspection of the equipment by an authorized distributor of Seller. The sub frame, pedestal, turntable, and boom shall have a 5 year parts only warranty if the annual service inspection is performed by an approved entity other than an authorized distributor of Seller. All replacement parts must be genuine OEM Seller parts. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,AS TO THE EQUIPMENT AND PARTS IT SUPPLIES. No employee or representative of Seller is authorized to modify this warranty unless such modification is made in writing and signed by an authorized officer of Seller. Seller's warranty is continuous for the stated period, and "stopping and restarting" such period is not permitted. Seller's obligation under this warranty shall not include duty, taxes, environmental fees, including without limitation, disposal or handling of tires, batteries, petrochemical items, or any other charges whatsoever. Seller shall not be liable for indirect, incidental, or consequential damages, even if advised of the possibility of such damages. Improper maintenance, improper use, abuse, improper storage, operation beyond rated capacity, operation after discovery of defective or worn parts, accident, sabotage or alteration or repair of the equipment by persons not authorized by Seller shall render this warranty null and void. Seller reserves the right to inspect the installation of the product and review maintenance procedures to determine if the failure is covered under this warranty. Parts Warranty: Seller warrants the parts ordered from the Seller to be free of defects in materials or workmanship for either (1) a period of 12 months after date of shipment from the factory, or (2) the balance of the remaining new equipment warranty, whichever occurs first. With respect to parts ordered from Seller for equipment for which the warranty has expired, Seller warrants such parts to be free of defects in materials or workmanship for a period of 12 months after date of shipment from the factory. NO TRANSFERABILITY OF WARRANTY: This warranty is limited to the original purchaser or original end -user if sold to a distributor, and is not assignable or otherwise transferable without the written agreement of Seller. ITEMS NOT COVERED BY WARRANTY The following listed items, which are not exhaustive, are NOT covered under this warranty: 1. Items sold by any individual, corporation, partnership or any other organization or legal entity that is not authorized by Seller to distribute its equipment. Page 6 of 28 6-8 � TEREX,11 LIMITED PRODUCT WARRANTY 2. Inbound freight, duty and taxes for replacement components or outbound freight, duty, and taxes for any part requested as a warranty return. 3. Components which are not manufactured by Seller or its affiliates. Such components may include, but are not limited to, chassis, engines, batteries, tires, customer -supplied products, transmissions, air compressors, and axles. 4. Replacement of a complete assembly that is field repairable by the replacement or repair of defective part(s) within the assembly. Seller has the option to repair or replace any defective part or assembly. 5. Wear parts and maintenance services including, but not limited to: lamps, lenses, seals, gaskets, hoses, filters, breathers, belts, nozzles, friction plates, glass, clutch and brake linings, wire rope, nuts and fittings, exterior coatings, proper tightening of bolts, adding or replacing of fluids, adjustments of any kind, services, inspections, diagnostic time, travel time and supplies such as hand cleaners, towels and lubricants. 6. Damage caused by carrier handling. Any such claim for damage should be filed immediately with the respective carrier. 7. Repairs, work required or parts exposed as the result of age, storage, weathering, lack of use, demonstration use, or use for transportation of corrosive chemicals. 8. Damage resulting to the equipment or parts should the owner or operator continue to operate the equipment after it has been noted that a failure has occurred. 9. Damage caused by, or labor or other costs related to, work performed by personnel not authorized by Seller to service the equipment. IN NO EVENT SHALL SELLER, OR ANY AFFILIATE, SUBSIDIARY OR DIVISION THEREOF BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES RESULTING FROM ANY BREACH OF WARRANTY, REPRESENTATION OR CONDITION, EXPRESS OR IMPLIED, OR ANY TERMS OF THIS WARRANTY, OR ANY BREACH OF ANY DUTY OR OBLIGATION IMPOSED BY STATUTE, CONTRACT, TORT, COMMON LAW OR OTHERWISE (WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE SELLER, ITS EMPLOYEES, AGENTS OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS OR REVENUES, LABOR OR EMPLOYMENT COSTS, LOSS OF USE OF OTHER EQUIPMENT, DOWNTIME OR HIRE CHARGES, THIRD PARTY REPAIRS, IMPROPER PERFORMANCE OR WORK, LOSS OF SERVICE OF PERSONNEL, LOSS OF CONTRACTOR OPPORTUNITY AND PENALTIES OF ANY KIND, PERSONAL INJURY, EMOTIONAL OR MENTAL DISTRESS, OR FAILURE OF EQUIPMENT TO COMPLY WITH ANY APPLICABLE LAWS. The Seller's liability to the Buyer shall not in any event exceed the purchase price of the equipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED AND ALL OTHER STATUTORY, CONTRACTUAL, TORTIOUS AND COMMON LAW OBLIGATIONS OR LIABILITY ON SELLER'S PART ARE HEREBY EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller's equipment. In the event that any provision of this warranty is held unenforceable for any reason, the remaining provisions shall remain in full force and effect. Page 7 of 28 6-9 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 City of Newport Beach 3300 Newport Blvd. Newport Beach , CA 92658 Qty. Description UNIT Terex Aerial Devices One (1) new Terex Hi -Ranger LT40 Articulating / Telescoping Aerial Device providing a working height of 45.6 ft (13.8 m) with a end mount platform. Unit will be mounted behind the cab. Design Criteria: * Design criteria is in accordance with current industry and engineering standards applicable and accepted for structural and hydraulic design. Lower Controls: * Individual control levers are located in an accessible location on the turntable. Lower Boom: * Filament wound high strength fiberglass insert providing an insulation gap Upper Boom: * Filament wound high strength fiberglass boom providing an insulation gap Rotation: * Self-locking worm gear rotation drive is provided and equipped with bi-directional motor. Continuous Unrestricted Rotation: * A hydraulic rotary manifold provides a rotating oil distribution system for continuous and unrestricted rotation. * A 4 channel electric collector ring is provided as standard. Aerial device is designed as a Category C machine in accordance and is dielectrically tested and rated for operation on systems up to 46 Kv phase to phase per ANSI/SIA A92.2-2015 Hydraulic System: * Full pressure open center hydraulic system. * Hydraulic hoses are equipped with permanent type fittings. Miscellaneous: * All metallic components of the complete aerial device are powder coat white. * The fiberglass upper boom, boom inserts, platforms and covers are white. * Two complete manuals providing operation and maintenance procedures and a replacement parts listing. * Warning decals provided with unit. Pedestal,44 (To 48 Cab) Pedestal. 8 Gal Tower Mt Hyd Tank, Site Gauge 8-Gallon Hydraulic Oil Reservoir. * A 8 gallon hydraulic oil reservoir mounted on the side of tower with sight and temperature gauge. * Return filter and oil eyes. * A ball type shut off valve. Page 8 of 28 6-10 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 1 Boom Rest, Auto Latch A boom rest with a automatic latch is provided. 1 End Mount, 24x30 Platform 24 x 30 x 42 , End Mounted. * Includes one (1) outside access step with slip -resistant surface. 1 Safety Harness For Single Platform A safety harness with lanyard is provided for fall arrest. 1 Platform Rest,Single Selection A Padded saddle rest provides platform support during road travel. 1 Platform Rest,Single,24x30 A padded saddle rest provides platform support during road travel. 1 Liner, 24x30 Insulated Platform Liner For 24 x 30 x 42 Platform: * Tested at 50 KV AC. 1 Scuff Pad W/Step, 24x30 Scuff Pad with Step to fit inside of a platform liner for a 24 x 30 Platform: * Non-skid standing surface. 1 Cover, Platform Only, 24x30 Vinyl Platform Cover For 24 x 30 Platform: * Waterproof with internal elastic cord around edge. 1 Auxiliary Letdown, 12v Auxiliary Let Down for use with Open Center Hydraulics: * Allows for the descent of the boom (platform) in the most direct manner for a time limited by the duty cycle of the electric motor. *Includes 12 volt electric motor for use on a 12 volt chassis. Note: This includes a switch for activation at pedestal for electric or air function. 1 Boom Tip,350# 27.9ft Side Reach 0-81 Deg Boom Tip with 4 Function Controls and Platform Rotator: Upper Controls: Control -Plus single stick controller. * Enable lever must be actuated before operation. * Rated capacity of 350 lbs. Hydraulic Platform Rotator For End Mount Platform. Hydraulic Platform Tilt is provided at platform and lower controls. Page 9 of 28 6-11 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 Engine Stop/Start controlled at platform and lower controls. Hydraulic Tool Outlets At Platform. Mtg Kit,Torsion Bars,60 Ca Dodge Mounting Kit: * Behind cab mount for use with torsion bars. Transmission, Automatic, Dodge Pump for systems requiring 3 to 5 gallons per minute: *Provides 3 gpm at 725 engine rpm and 5 gpm at 1150 engine rpm with a 88% pto. Terex Base Chassis Controller Terex Base Chassis Controller: * Multiplexed system to include: Controller, LCD Screen, Manual and Schematics. * Standard Options: Diagnostics, Status Screens, Event Log, Hours Meter, Selectable Button Labels, System Alerts and System Test. * Programmable settings allow installer to customize/select options need for their application. * Screw terminal -type connections and enclosure to cover connections. * Recommended for Class 5 chassis * Can be used on Class 6 and above chassis with limited outputs (no more than two (2). * The PTO hour is standard. The engine hour meter is standard (When available). This is a message we get from the truck Data link. All trucks except Ford give us the Engine hours. So if it's a Ford, we just display PTO hours. As -Built Jic Hydraulic.& Electrical Schematics As -Built JIC Hydraulic and Electrical Schematics Usa American flag displayed on unit. Limited Product Warranty - Standard Factory Warranty Dodge 5500 4x2 Chassis - Reference chassis details included with quote. 108" Line Body - Reference body details included with quote. Install Lt Behind Cab Install Aerial Device Behind Cab And Install All Associated Components: * Final test and inspect completed unit including stability and dielectric testing per manufacturers requirements. Hose & Fitting Kit Group 1 Hose and fittings to connect the hydraulic system from the oil reservoir to the pump and unit. Page 10 of 28 6-12 TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 1 Misc Shop Supplies Group 3 Miscellaneous shop supplies. 1 Platform Rest Bottom Base Group 1 Platform rest, bottom base 1 Chassis Spring Add Left Rear( Req. Art) Chassis Spring Additions: Build up left rear chassis springs to level vehicle. 1 Pto (Muncie) For Automatic Transmission Power take off with indicator light for automatic transmission. 1 Dot Inspection DOT Inspection. 1 Set Chassis Parameters ( RegVD) Set chassis parameters. 1 Ecco Back -Up Alarm Back-up alarm to sound when the vehicle is shifted into reverse. 2 Rubber Wheel Chock Eye Bolt (Standard) Rubber wheel chocks with eye bolt. 2 Pendulum Retainer - Wheel Chocks Pendulum style retainer. 1 Grab Handle Set Three Point Contact Grab Handle set for three point contact. 1 Access Step ( Standard ) Access steps to platform from top of body or flatbed floor. 2 Mud Flap - Terex Logo (Standard) Mud flap with logo. Note: Trim As -Required. 1 Bed Mount Lt Series (105227-102658) Page 11 of 28 6-13 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 Boom rest. 1 Peterson 7-Lamp Led Kit Fmvss Dot Peterson LED 7-lamp DOT Lighting Package: Complies with FMVSS 108. Includes required lights, junction box and wiring harness. Note: Includes lighted License Plate Area Note: Includes Clearance Lights if Applicable to application. 1 Strobe Lht Kit 4-Cnr FI Mt Led Amber 4 Whelen 4 corner LED, Amber Strobe Light Kit with 4 grommets. *Wired into On/Off swtich in cab. 2 Light Led Beacon Amber (Low Profile) Beacon (low profile) Amber LED Light. 1 Traffic Advisor Led Arrowboard 36 X2.84 Whelen TAM-65 arrow directional LED light stick, 36 long, 6-lamp. 1 Stop/Start Or Two Speed Rear Of Truck Remote engine stop/start OR two speed control from rear of vehicle. 1 Pintle Hook 2 Ball Combination Bh82000 BH82000 Combination Pintle Hook And 2 Ball: * Safety chain eyes. Pintle hook brackets and attachment methods are designed to meet the associated pintle hook ratings. They are not designed for recovery purposes. If recovery attachments are required, please order the appropriate tow eyes. 1 Icc Rear Bumper ICC rear bumper. 1 6-Prong Trailer Socket(Combined)Lt Dty 6-prong trailer socket. 1 Front Timbrens - Rubber Stabilizers Timbren rubber stabilizers installed on axle. 1 Torsion Bar Rear Torsion bar stabilizer for rear axle. 1 Oil Tank Mounting (Req For External) Oil tank mounting for external reservoirs. Page 12 of 28 6-14 ❑tb TEREX., Terex USA, LLC dba Terex Utilities - 3140 15th Avenue SE - Watertown, SD 57201 - Phone: 605-882-4000 Date: 09-NOV-2023 Quote Number: QU31346-TU- V1 Unit: LT40 18 Hydraulic Oil - General Purpose Fill with Hydraulic oil for general purpose use. Refer to the product maintenance manual for specific type to be used. Safety Kit 5# Fire Extinguisher-Abc(Std) Safety Kit consists of the following: * 5-lb ABC fire extinguisher with bracket. • James King triangle reflector kit. Orion Flare Kit Orion flare kit with holder. Chassis Supplied Camera Chassis supplied back up camera. Paint Body Floor With Non -Skid Paint Paint body floor with non-skid paint. Paint Compartment Top Non -Skid Paint Paint compartment top with non-skid paint. First Article Inspection, Digital First Article Inspection, Digital Terex USA, LLC dba Terex Utilities 1. Federal Excise Tax will be added if certificate is not supplied with order. 2. The following items must be considered by the purchaser if not already included: Back-up Alarm; Strobe Light; Wheel Chocks; Outrigger Pads; Truck Grounding Cable; Barricade Kit; Boom Stow Interlock; Auxiliary Let Down; and Platform Liner. 3. Terex USA, LLC dba Terex Utilities strongly recommends all installation accessories be located up front in front in the quote or secondarily on the approved engineering drawing. Any accessories located or relocated during manufacturing may be subject to additional charges. 4. Terex USA, LLC dba Terex Utilities - Offers In-service Training. 5. Terex USA, LLC dba Terex Utilities - Assembly in Watertown.South Dakota is ISO 9001:2000 Certified. Page 13 of 28 6-15 Quotation Number 14936 For the attention of Ben DeVille Terex Customer: Newport Beach DESCRIPTION B&G Bodies Inc. 108" Line Body 40 inches high X 94 inches wide. 18 Inch compartment depth. 58 Inch bed area. 24 Inch top of floor to top of body. 18 Inch horizontal compartment height. 12 Ga Wheel Wells Covers. 16 Ga. Galvanneal body materials. 12 Ga. Hot rolled treadplate floor. 12 Ga. Hot rolled treadplate compartment tops. .125 Aluminum Tread-Brite - Full height rock guards to bottom of crossmembers. Stainless Steel Automotive rotary type door latches. Stainless steel rod and socket type door hinges. Gas Cylinder door holders on all vertical hinged doors and Chain stops on horizontals. * Spring Retainers on Horizontal Doors Double Panel Body Doors. Rubber rolled crown type fenders. (Ship Loose with Cutouts) Master door lock system. LED Rope light compartment lights in all body compartments with Weather Pack Connectors. * Does not include Boxes or Tailshelf Compartments * Lights Ship Loose. Automotive Bulb Type Weatherstripping. (Installed) Front bulk head (Bolt -On) Shelving / Hooks installed on DUAL Uni-Strut for infinite adjustment. Streetside Compartmentation: 1st Vertical: 30 Inches wide with Three (3) shelves each with adjustable dividers on 4" centers. Horizontal: 54 Inch open compartment. Page 1 6-16 Rear Vertical: 24 Inches wide with Two (2) shelves each with adjustable dividers on 4" centers. Hotstick Shelf: 108 Inches long with rear dropdown access door. Curbside Compartmentation: 1st Vertical: 30 Inches wide with Three (3) shelves each with adjustable dividers on 4" centers. Horizontal: 54 Inches wide with One (1) shelf with adjustable dividers on 6" centers. Rear Vertical: 24 Inches wide with Seven (7) locking/swivel type material hooks 2-3-2. Frame Installation: Install Customer Supplied Insert in Frame and Floor. * NO Outriggers *** NOTE: Can not Powder Coat Bodies with a Fixed Jack (NOT Stringer Bodies) Tailshelf: Treadplate tailshelf 30 inches long X Full width of body x 6 inches high with Recessed Gripstrut access steps on Streetside & Curbside. 7-Lamp light bar installed at rear. Cutout for customer supplied Arrowstick. Wheel Chock Storage: Two built into body wheel wells curbside. Powder Coat Body: Powder Coat Body and Inside of compartments Taffeta White. Page 2 6-17 2023 RAM 5500 Chassis Tradesman/SLT Watertown Ford Chrysler 6-18 f RAM Watertown Ford Chrysler 1600 9th Ave SE Watertown, South Dakota 57201 Toll Free: 800-658-3671 Phone: 605-886-5844 Fax: 605-886-5909 Home page: https://www.watertownfordchrysler.com/ November 08, 2023 Re: 2023 RAM 5500 Chassis Tradesman/SLT Ben DeVille Terex South Dakota To Whom It May Concern, Thank you very much for your interest in acquiring a vehicle from our dealership. We concur that your interest is well deserved. We hope that an outstanding product lineup and our dedication to customer service will enhance your ownership experience should you decide to buy a vehicle from us. Attached, please find additional information that I hope will assist you in making a more informed decision. Please feel free to contact me at any time as I would truly appreciate the opportunity to be of service to you. Sincerely, Mike Johnson Commercial Account Manager 605-868-7978 mike@watertownfordchrysler.com 6-19 RfLM Prepared For: Prepared By: Ben DeVille Mike Johnson Terex Watertown Ford Chrysler South Dakota 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Description Page Cover............................................................................................................................................................................. 1 Letter............................................................................................................................................................................ 2 Index............................................................................................................................................................................. 3 VehicleOverview.......................................................................................................................................................... 4 SelectedEquipment..................................................................................................................................................... 6 Dimensions& Capacities................................................................................................................................................ 8 Warranty..................................................................................................................................................................... 10 JobRating................................................................................................................................................................... 11 6-20 RAM Prepared For: Prepared By: Ben DeVille Mike Johnson Terex Watertown Ford Chrysler South Dakota 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Powertrain HEMI 6.4L V-8 OHV SMPI 16 valve engine with VVT variable valve control, variable intake length, cylinder deactivatior * 220 amp alternator * 730 amp battery with run down protection * Engine oil cooler, transmission oil cooler 6-speed electronic sequential shift control automatic transmission with overdrive, lock -up, driver selection * Rear -wheel drive * Limited slip differential, ABS & driveline traction control, power take -off provision * 4.89 axle ratio * Stainless steel exhaust Steering and Suspension Hydraulic power -assist re -circulating ball steering * 4-wheel disc brakes with front and rear vented discs * HD ride suspension, with electronic stability * Non -independent front suspension * Front leading link suspension * Front anti -roll bar * HD front coil springs * HD front shocks * Rigid rear axle * Rear leaf suspension * HD rear anti -roll bar HD rear leaf springs * HD rear shocks * Front and rear 19.5" x 6.00" argent steel wheels * 225/70R19.5 BSW AS front tires * AT rear tires Safety 4-wheel anti -lock braking system * Daytime running lights * Dual airbags, airbag occupancy sensor * Front height adjustable seatbelts with front pre-tensioners * Sentry Key immobilizer, tracker system Comfort and Convenience Air conditioning, air filter * SiriusXM AM/FM/Satellite-prep, clock, seek -scan, external memory control, 4 speakers, voice activation, Bluetooth streaming audio, integrated roof antenna * 2 1st row LCD monitors * Cruise control with steering wheel controls * 2 12V DC power outlets, retained accessory power, SiriusXM Guardian emergency SOS, Uconnect w/Bluetooth wireless phone connectivity * Analog instrumentation appearance includes tachometer, oil pressure gauge, engine/motor temperature gauge, voltmeter gauge, oil temperature gauge, transmission fluid temp gauge, engine hour meter, compass, exterior temp, driver information center, redundant digital speedometer, camera(s) - rear camera, trip odometer * Warning indicators include oil pressure, engine temperature, battery, low of level, low coolant, lights on, key, low fuel, low washer fluid, lighting malfunction, door ajar, service interval, brake fluid, turn signal on, transmission fluid temp * Steering wheel with tilt adjustment * Manual front windows with light tint * Variable intermittent front windshield wipers * Passenger side vanity mirror * Day -night rearview mirror * Interior lights include dome light with fade, front reading lights * Glove box, front cupholder, instrument panel bin, dashboard storage, driver and passenger door bins * Upfitter switches Seating and Interior The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Page 4 Date Printed: November 08, 2023 QuoteID: <None> 6-21 Seating and Interior (Continued) Seating capacity of 3 * 40-20-40 split -bench front seat with adjustable head restraints with tilt, center armrest with storage * 4-way adjustable driver seat * 4-way adjustable passenger seat * Cloth faced front seats with cloth back material * Full cloth headliner, full vinyl/rubber floor covering, deluxe sound insulation, metal -look instrument panel insert, urethane gear shifter material, chrome/metal-look interior accents Exterior Features Side impact beams, galvanized steel/aluminum body material, side steps * Black fender flares * Black side window moldings, black front windshield molding * Black door handles * Black grille * 2 doors * Trailer harness, trailer sway control * Driver and passenger manual black convex spotter folding manual extendable trailer outside mirrors * Front black bumper * Aero-composite halogen auto on/off headlamps with multiple headlamps, delay -off feature Additional exterior lights include cab clearance lights * Clearcoat monotone paint Warranty Basic ................................... 36 month/36,000 miles Powertrain ........................... 60 month/60,000 miles Corrosion Perforation ........... 60 month/100,000 miles Roadside Assistance ............. 60 month/100,000 miles Output............................ Drag coefficient ................ 2nd gear ratio .................. 4th gear ratio ................... 6th gear ratio ................... Curb weight ..................... Front GAWR ..................... Payload............................ Rear curb weight .............. Rear axle capacity ............. Rear spring rating ............. Rear tire/wheel capacity ... Front legroom .................. Front hiproom .................. Passenger area volume ..... Body width ...................... Wheelbase ....................... Axle to end of frame ........ Rear track ........................ Fuel tank ......................... Rear frame height unloaded Dimensions and Capacities 370 hp @ 5,600 rpm 0.41 1.840 1.000 0.630 ........... 7,006 lbs. ........... 6,500 lbs. ......... 12,020 lbs. ........... 3,105 lbs. .......... 13,500 lbs. .......... 13,500 lbs. ........... 15,000 lbs. 40.9 62.9 62.5 cu.ft. 86.9 144.5 50.8 73.6 ............. 52.0 gal. 36.2 Torque ......................... 1st gear ratio ................ 3rd gear ratio ............... 5th gear ratio ............... Reverse gear ratio ......... GVWR .......................... Rear GAWR .................. Front curb weight ......... Front axle capacity ........ Front spring rating ........ Front tire/wheel capacity Towing capacity ........... Front headroom ..........., Front shoulder room ..... Length......................... Body height Cab to axle ................... Front track ................... Turning radius ............... Rear frame height loaded 429 lb.-ft. @ 4,000 rpm 3.230 1.410 0.820 4.440 ........... 19,000 lbs. ............ 13,500 lbs. ............... 3,901 lbs. .............. 7,000 lbs. ............... 6,500 lbs. ................ 7,940 lbs. ............. 21,370 lbs. 39.8 65.9 236.3 81.7 60.0 77.1 22.7 ' 31.2 The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 5 QuoteID: <None> 6-22 Prepared For: Ben DeVille Terex South Dakota DP5L63 RAM Prepared By: Mike Johnson Watertown Ford Chrysler 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Base Vehicle Price (DP51-63) Packages STD 27A Quick Order Package 27A Tradesman OPT Black Exterior Truck Badging; Black Wheel Flares; Door Sill Scuff Pads; Glove Box; Matte Black Grille Surround; Halogen Quad Headlamps; Black Key Fob; Map/Courtesy Lamp; Rear Dome Lamp Powertrain ESB Engine: 6.41- V8 Heavy Duty HEMI STD DF3 Transmission: 6-Speed Auto Aisin AS66RC HD STD DPL 4.89 Axle Ratio INC Z5C GVWR: 19,000 Ibs INC Wheels & Tires TAJ Tires: 225/70R19.5G FT All Position, RR Traction OPT WP3 Wheels: 19.5" x 6.0" Steel STD Seats & Seat Trim V9 Cloth 40/20/40 Bench Seat OPT (CBE) 40/20/40 Split Bench Seat; 4 Way Front Headrests; Manual Adjust 4-Way Driver Seat; Front Armrest w/Cupholders; Manual Adjust 4-Way Front Passenger Seat CBE 40/20/40 Split Bench Seat INC Other Options APA Monotone Paint Application STD Exterior content such as door handles, fascia, mirrors, etc. are black when ordering special low volume paints. The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 6 QuoteID: <None> 6-23 AZB Heavy Duty Front Suspension Group OPT XAC ParkView Rear Back -Up Camera OPT AH5 Payload Upgrade Package OPT (DPL) 4.89 Axle Ratio; (Z5C) GVWR: 19,000 Ibs LBN Power Take Off Prep OPT Hard Wired Remote Start UAA Radio: Uconnect 3 w/5" Display STD MRU MOPAR Black Tubular Side Steps OPT Interior Colors For: Primary w/Regular Cabs X8 Diesel Gray/Black OPT Primary Colors For: Primary w/Regular Cabs PW7 Bright White Clearcoat OPT Vehicle Subtotal Destination Vehicle Subtotal (including Destination) The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 7 QuoteID: <None> 6-24 RfLM Prepared For: Prepared By: Ben DeVille Mike Johnson Terex Watertown Ford Chrysler South Dakota 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Output.......................................................................................................................................... 370 hp @ 5,600 rpm Torque..................................................................................................................................... 429 lb.-ft. @ 4,000 rpm Dragcoefficient....................................................................................................................................................... 0.41 1stgear ratio......................................................................................................................................................... 3.230 2ndgear ratio........................................................................................................................................................ 1.840 3rdgear ratio......................................................................................................................................................... 1.410 4thgear ratio........................................................................................................................................................ 1.000 5thgear ratio........................................................................................................................................................ 0.820 6thgear ratio........................................................................................................................................................ 0.630 Reversegear ratio................................................................................................................................................. 4.440 Curbweight.................................................................................................................................................... 7,006 lbs. GVWR............................................................................................................................................................ 19,000 lbs. FrontGAWR................................................................................................................................................... 6,500 lbs. RearGAWR................................................................................................................................................... 13,500 lbs. Payload.......................................................................................................................................................... 12,020 lbs. Frontcurb weight.......................................................................................................................................... 3,901 lbs. Rearcurb weight............................................................................................................................................ 3,105 lbs. Frontaxle capacity.......................................................................................................................................... 7,000 lbs. Rearaxle capacity......................................................................................................................................... 13,500 lbs. Frontspring rating.......................................................................................................................................... 6,500 lbs. Rearspring rating.......................................................................................................................................... 13,500 lbs. Fronttire/wheel capacity ............................................................................................................................... 7,940 lbs. Reartire/wheel capacity ............................................................................................................................... 15,000 lbs. Towingcapacity........................................................................................................................................... 21,370 lbs. Frontlegroom....................................................................................................................................................... 40.9 " Frontheadroom................................................................................................................................................... 39.8 " Fronthiproom....................................................................................................................................................... 62.9 " Frontshoulder room............................................................................................................................................. 65.9 " Passengerarea volume.................................................................................................................................. 62.5 cu.ft. Length................................................................................................................................................................ 236.3 " Bodywidth............................................................................................................................................................ 86.9 " Bodyheight........................................................................................................................................................... 81.7 " Wheelbase.......................................................................................................................................................... 144.5 " Cabto axle............................................................................................................................................................ 60.0 " The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Page 8 Date Printed: November 08, 2023 QuoteID: <None> 6-25 Axleto end of frame............................................................................................................................................ 50.8 " Fronttrack............................................................................................................................................................. 77.1 " Reartrack............................................................................................................................................................. 73.6 " Turningradius........................................................................................................................................................ 22.7 ' Fueltank........................................................................................................................................................... 52.0 gal. Rearframe height loaded..................................................................................................................................... 31.2 „ Rearframe height unloaded................................................................................................................................. 36.2 „ The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 9 QuoteID: <None> 6-26 RAM Prepared For: Prepared By: Ben DeVille Mike Johnson Terex Watertown Ford Chrysler South Dakota 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Months/ Distance Basic......................................................................................................................................... 36 month/36,000 miles Powertrain............................................................................................................................... 60 month/60,000 miles Corrosion Perforation............................................................................................................. 60 month/100,000 miles Roadside Assistance............................................................................................................... 60 month/100,000 miles The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 10 QuoteID: <None> 6-27 Prepared For: Ben DeVille Terex South Dakota RAM Prepared By: Mike Johnson Watertown Ford Chrysler 1600 9th Ave SE Watertown, South Dakota, 57201 Phone:605-886-5844 Toll Free: 800-658-3671 4x2 Regular Cab 144.5" WB Tradesman/SLT (DP5L63) Performance predictions in this report represent an estimate of vehicle performance based on standard operating conditions. Variations in customer equipment, load configuration, ambient conditions, and/or operator driving techniques can cause significant variations in vehicle performance. These values are not representative of results that may be shown in actual dynamometer tests. This report should therefore be used as a guide for comparative vehicle performance. Start Tests Calculated Desired Start grade capability in gear 1 18.3 % .0 % Start grade capability in reverse 25.2 % .0 % Grade Tests Calculated Desired Maximum grade in gear 3 9.5 % 3.0 % Maximum grade in gear 4 6.7 % 3.0 % Maximum grade in gear 5 5.5 % 3.0 % Maximum grade in gear 6 4.2 % 3.0 % Speed Tests Given your requirement to go 65 mph, you need a maximum axle ratio of 13.07. Given your requirement to go 55 mph at a grade of 3.0%, you need a minimum of 121 hp. The engine RPM at 60 mph cruise speed is 2,002 rpm Test Variables Used Rear axle ratio: 4.89 Rear axle ratio: 4.89 Gear 1 ratio: 3.23 Drag Coefficient 0.41 Gear reverse ratio: 4.44 Tire size: 225/70R19.5 (650rev/mile) Gross vehicle weight (GVW): 19,000 Ibs Clutch engagement torque: 214 ft.lbs. Torque conversion ratio: 1.7 Gear 3 ratio: 1.41 Gear 4 ratio: 1.00 Gear 5 ratio: 0.82 Gear 6 ratio: 0.63 Peak engine torque: 429 ft.lbs. Engine Power: 370 hp @ 5,600 rpm Governed RPM: 5,800 rpm Frontal Area: 43.9 Sq.Ft. Cruising RPM 5,220 rpm Worst road surface Typical Highway Final Drive Ratio: 0.63 Rear axle ratio: 4.89 The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 11 QuoteID: <None> 6-28 Weight Tests Variables Front Axle Rear Axle Totals Chassis 3,901lbs 3,105lbs 7,006lbs Body 0 Ibs 0 Ibs 0 Ibs Payload 2,410lbs 9,584lbs 11,994lbs TOTAL 6,311lbs 12,689lbs 19,000lbs Weights Ratings GVWR GAWR 6,500lbs 13,500lbs 19,000lbs Wheels/Tires 7,940lbs 15,000lbs Suspension 6,500lbs 13,500lbs Axle 7,000lbs 13,500lbs Legal Limit 0 Ibs 0 Ibs Weight Summary Calculated GAWR Legal Limits Front axle load is 6,311 Ibs 6,500 Ibs 0 Ibs Rear axle load is 12,689 Ibs 13,500 Ibs 0 Ibs Weight Point Load Legend Point A 11,694 Ibs The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 12 QuoteID: <None> 6-29 Shift Chart 6000 5500 5000 4500 4000 3500 rpm 3000 2500 2000 1500 1000 500 0 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 mph M I--------------- MMMMMMMMMMMMMMMMMM ���� The information contained in this package is provided to assist in assessing our vehicles and is for your information only. Prices and content information shown are subject to change and should be treated as estimates only. Information on the comparison vehicle is derived from available public sources and may not be completely current or accurate. No representations, warranties or guarantees are given in the information. Neither Chrysler nor the dealer will be liable for any reliance on the contents hereof. Please see salesperson for the most current information and other details. Actual pricing may vary. Reference DX05103595 9/14/2023 Effective Date: 9/14/2023 Date Printed: November 08, 2023 Page 13 QuoteID: <None> 6-30