HomeMy WebLinkAbout13 - Purchase of a 2018 Rockland MFG Beach KingPaR m CITY OF
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City Council Staff Report
May 22, 2018
Agenda Item No. 13
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, Equipment Maintenance Superintendent,
949-718-3464, kbrodowski@newportbeachca.gov
TITLE: Agreement for the Purchase of a 2018 Rockland MFG Beach King
ABSTRACT:
Municipal Operations uses beach cleaning equipment in the normal course of business
to keep the City's beaches looking pristine. Staff is requesting replacing an existing 2006
Rockland MFG Beach King that served beyond its life cycle as identified in the City
Vehicle/ Equipment Guidelines (F-9 policy) with the purchase of 2018 Rockland MFG
Beach King.
RECOMMENDATION:
a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly;
and
b) Approve an agreement for the purchase of one 2018 Rockland MFG Beach King from
RDO Equipment Co. for a total cost of $148,695.00, and authorize the Mayor and City
Clerk to execute the agreement.
FUNDING REQUIREMENTS:
There are sufficient funds budgeted and available for this purchase within the Equipment
Replacement Fund - Municipal Operations 17/18 budget, Account# 7529032-911016.
DISCUSSION:
Due to the corrosive and abrasive operating environment of sand and salt, the City's
existing 2006 Rockland MFG Beach King is in need of replacement and is beyond its life
cycle. This beach cleaner is used by Beach Maintenance staff to clean debris and groom
sand along City beaches to keep them looking pristine. The equipment is a large
agricultural implement that is towed behind a 4 -wheel drive tractor and uses a large
rotating screen and paddle wheels to scoop large amounts of sand to sift out trash and
other debris.
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Agreement for the Purchase of a 2018 Rockland MFG Beach King
May 22, 2018
Page 2
As debris is collected in a rubbish bin attached to the cleaner, a groomed path of clean
sand is left in its wake. The Beach King also uses several hydraulic motors to power its
various functions. The hydraulic motors are connected to the towing tractor via power
take -off attachments, as there are no internal combustion power plants aboard the beach
cleaner itself.
RDO Equipment Co. is the sole licensed regional distributor of the Rockland MFG Beach
King in the City's region. The City has been using this design for over 30 years and has
a proven and successful record in keeping the City beaches clean and groomed. Over
the many years of the City using this particular type of equipment, City staff has refined
and requested design modifications in order to improve the performance and reliability of
this equipment that has now evolved into the standard Beach King model sold by RDO
Equipment Co. today.
Staff requests approval of an agreement to purchase one 2018 Rockland MFG Beach
King at a total cost of $148,695.00, including tax.
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 — Purchase Agreement
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ATTACHMENT A
PURCHASE AGREEMENT
FOR ONE (1) NEW 2017 ROCKLAND MFG BEACH KING FROM
RDO CONSTRUCTION EQUIPMENT CO.
This Purchase Agreement ("Agreement") is entered into as of this 22nd day of May,
2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and RDO CONSTRUCTION EQUIPMENT
CO., a North Dakota corporation ("Vendor"), whose principal place of business is 83-300
Avenue 45, Indio, California 92201.
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires one (1) 2017 Rockland MFG Beach King ("Equipment") and the
purpose of this Agreement is to purchase such Equipment.
C. Vendor has carefully reviewed and evaluated the specifications set forth by the
City for the Equipment and has committed to deliver the Equipment required for
the price specified in this Agreement within three hundred sixty (360) calendar
days commencing upon execution of this Agreement.
D. City has received a proposal from Vendor's agent, has evaluated the expertise of
Vendor, and desires to submit an order for the Equipment under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual representations, warranties
and covenants, and other terms and conditions as set forth herein, Vendor and City (each
a "Party" and together the "Parties") agree as follows:
1. TERM
The Term of this Agreement shall commence on the Effective Date and shall
terminate on May 17, 2019 unless terminated earlier as set forth herein.
2. COMPENSATION
2.1 City shall choose the purchase price as more fully described in the
Specification and Pricing Proposal attached hereto as Exhibit B and incorporated herein
by reference. The purchase price for Equipment, including all sales taxes, shall not
exceed One Hundred Forty Eight Thousand Six Hundred Ninety Five Dollars and
00/100 ($148,695.00) ("Purchase Price").
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3. ADMINISTRATION
This Agreement will be administered by the City's Municipal Operations
Department. The Fleet/Facilities Manager, or designee, shall be the Purchase
Administrator and shall have the authority to act for City under this Agreement. The
Purchase Administrator or designee shall represent City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
4. DELIVERY
4.1 Delivery to City of the Equipment shall be made within three hundred sixty
(360) calendar days from the execution of the Agreement.
4.2 Delivery shall be made to the City's Corporate Yard at 592 Superior Avenue,
Newport Beach, California 92663, or such other location as may be designated by City in
writing. Time of delivery is of the essence in this Agreement. City reserves the right to
refuse the Equipment, or part thereof, and to cancel all or any part of the Equipment not
conforming to applicable specifications, samples or descriptions. City shall receive a pro -
rata refund for the Equipment, or part thereof, cancelled under this Agreement, within
thirty (30) calendar days of City's cancellation. Acceptance of any part of the order for
Equipment shall not bind City to accept future shipments nor deprive City of the right to
return Equipment already accepted at Vendor's expense. Over shipments and under
shipments of Equipment shall be only as agreed to in writing by City. Delivery shall not
be deemed to be complete until all Equipment have actually been received and accepted
in writing by the City.
4.3 Vendor shall submit all requests for extensions of time for delivery in writing
to the City Purchase Administrator not later than ten (10) calendar days after the start of
the condition that purportedly causes a delay. The Purchase Administrator shall review
all such requests and may, at his/her sole discretion, grant reasonable time extensions
for unforeseeable delays that are beyond Vendor's control.
4.4 LIQUIDATED DAMAGES. The Parties agree that it is extremely difficult and
impractical to determine and fix the actual damages that City will sustain should the
Vendor fail to complete the delivery as called for in this Agreement. Should Vendor fail
to complete the delivery as called for in this Agreement, Vendor agrees to the deduction
of liquidated damages in the sum of One Hundred Dollars and 001100 ($100.00) per
day, for every day beyond the date scheduled for delivery provided in Section 4.1.
Execution of this Agreement shall constitute agreement by the City and Vendor that the
sum of One Hundred Dollars and 001100 ($100.00) per day, is the minimum value of
costs and actual damages caused by the failure of Vendor to deliver the Equipment within
the allotted time. All liquidated damages shall be paid within ten (10) calendar days of
City's written request for payment. Such sum is liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Vendor, or
recovered from Vendor, as applicable, if such delay occurs.
RDO Construction Equipment Co. Page 2
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5. ACCEPTANCE! PAYMENT
Unless otherwise agreed to in writing by City, acceptance of the Equipment shall
not be deemed complete unless in writing and until all the Equipment, including each part
thereof, has actually been received, inspected, and tested to the satisfaction of City. Once
acceptance of the Equipment is complete, City shall pay Vendor within thirty (30) calendar
days thereafter.
6. NOTICES
6.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first-class mail, addressed as hereinafter provided.
6.2 All notices, demands, requests or approvals from Vendor to City shall be
addressed to City at-
Attn: Fleet/Facilites Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
Phone: 949-644-3059
Fax: 949-650-0747
Email: Kbrodowski@newportbeachca.gov
6.3 All notices, demands, requests or approvals from City to Vendor shall be
addressed to Vendor at:
Attn: John Robey
RDO Construction Equipment Co.
83-300 Avenue 45
Indio, CA 92201
7. ENTIRE AGREEMENT
This Agreement contains the entire Agreement between the Parties with respect
to all matters herein, and there are no restrictions, promises, warranties, or undertakings
other than those set forth herein or referred to herein. No exceptions, alternatives,
substitutes or revisions are valid or binding on City unless authorized by City in writing.
Electronic acceptance of any additional terms, conditions or supplemental agreements by
any City employee or agent, shall not be valid or binding on City unless accepted in writing
by the Purchase Administrator. The terms of this Agreement shall supersede any
inconsistencies between this Agreement and the Exhibits hereto.
RDO Construction Equipment Co. Page 3
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8. WARRANTY
8.1 Vendor expressly warrants that the Equipment covered by this Agreement
is: 1) free of liens or encumbrances; 2) of merchantable quality and good for the ordinary
purposes for which it is used; and 3) fit for the particular purpose for which it is intended.
Acceptance of this Agreement shall constitute an agreement upon Vendor's part to
indemnify, defend and hold City and its indemnities as identified in Section 15 below, and
as more fully described in Section 15, harmless from liability, loss, damage and expense,
including reasonable counsel fees, incurred or sustained by City by reason of the failure
of the Equipment to conform to such warranties, faulty work performance, negligent or
unlawful acts, and non-compliance with any applicable state or federal codes, ordinances,
orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the
California Industrial Safety Act. Such remedies shall be in addition to any other remedies
provided by law.
8.2 Vendor and manufacturer's warranties and certifications are attached
hereto as Exhibit C, and incorporated in full by this reference. The Warranty Period shall
commence on the date the Equipment is accepted by the City. All warranty repair work
shall be conducted by a Vendor -certified dealer/agent in the Southern California region.
To the extent there are any inconsistencies between Exhibit C and the terms of Section
8.1 to 8.4, the terms of Section 8.1 to 8.4 shall control.
8.3 As of the Effective Date of this Agreement the Vendor -certified dealer/ agent
for purposes of all repairs and warranty work is: Rockland Manufacturing Company.
8.4 In the event that Vendor designates a different certified dealer/agent for the
Southern California region, Vendor shall provide City with written notice of such change
within ten (10) days of the change.
9. ASSIGNMENT OR SUBCONTRACTING
The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the Parties. Furthermore,
neither the performance of this Agreement nor any portion thereof may be assigned or
subcontracted by Vendor without the express written consent of City. Any attempt by
Vendor to assign or subcontract the performance or any portion thereof of this Agreement
without the express written consent of City shall be invalid and shall constitute a breach
of this Agreement.
9:11.lrrilI►FIN 9[Q7 I
10.1 In the event that either Party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that Party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days after receipt of written notice of default specifying the nature of
such default and the steps necessary to cure such default, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting Party fails to give
adequate assurance of due performance within two (2) calendar days after receipt of
written notice of default, or thereafter fails to diligently take steps to cure the default, the
RDO Construction Equipment Co. Page 4
13-6
non -defaulting Party may terminate the Agreement forthwith by giving to the defaulting
Party written notice thereof. City shall be refunded all money for Equipment not delivered
and accepted by City at time of termination within thirty (30) calendar days. Cause for
default shall further be defined as any breach of this Agreement, any misrepresentation
or fraud on the part of the Vendor and/or filing of any petition in U.S. Bankruptcy Court or
entering of Bankruptcy by Vendor.
10.2 Notwithstanding the above provisions, City shall have the right, at its sole
discretion without cause, of terminating this Agreement at any time by giving seven (7)
calendar days prior written notice to Vendor. In the event of termination under this Section,
City shall pay Vendor for services satisfactorily performed and costs incurred up to the
effective date of termination for which Vendor has not been previously paid. City shall be
refunded all money for Equipment not delivered and accepted by City at time of
termination within thirty (30) calendar days. On the effective date of termination, Vendor
shall deliver to City all equipment, reports, documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
11. CONSENT TO BREACH NOT WAIVER
No term or provision of this Agreement shall be deemed waived and no breach
excused, unless such waiver or consent shall be in writing and signed by the Party
claimed to have waived or consented to such breach. Any consent by any Party to, or
waiver of, a breach by the other, whether express or implied, shall not constitute consent
to, waiver of, or excuse for any other different or subsequent breach.
12. REMEDIES NOT EXCLUSIVE
The remedies for breach set forth in this Agreement are cumulative as to one (1)
another and as to any other provided by law, rather than exclusive; and the expression of
certain remedies in this Agreement does not preclude resort by either Party to any other
remedies provided by law.
13. PERFORMANCE
13.1 Vendor shall perform all work under this Agreement, taking necessary steps
and precautions to perform the work to City's satisfaction. Vendor shall be responsible for
the professional quality, technical assurance, timely completion and coordination of all
documentation and other Equipment or services furnished by the Vendor under this
Agreement. Vendor shall perform all work diligently, carefully, and in a good and
workman -like manner; shall furnish all labor, supervision, machinery, equipment,
materials, and supplies necessary therefore; shall at its sole expense obtain and maintain
all permits and licenses required by public authorities, including those of City required in
its governmental capacity, in connection with performance of the work; and, if permitted
to subcontract, shall be fully responsible for all work performed by subcontractors.
13.2 Reserved.
13.3. Reserved.
RDO Construction Equipment Co.
Page 5
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14. INDEMNIFICATION
14.1 To the fullest extent permitted by law, Vendor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
work performed or services provided under this Agreement including, without limitation,
defects in workmanship or materials (including the negligent and/or willful acts, errors
and/or omissions of Vendor, its principals, officers, agents, employees, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
14.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Vendor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by the Vendor.
15. CHARGES AND LIENS
Vendor shall pay promptly all indebtedness for labor, materials and equipment
used in performance of the work. Vendor shall not permit any lien or charge to attach to
the Equipment, but if any does so attach, Vendor shall promptly procure its release and,
in accordance with the requirements of Section 15 above, indemnify, defend, and hold
City harmless and be responsible for payment of all costs, damages, penalties and
expenses related to or arising from or related thereto.
16. INSURANCE
Without limiting Vendor's indemnification of City, and prior to commencement of
work, Vendor shall obtain, provide and maintain at its own expense during the term of this
Agreement or for other periods as specified in this Agreement, policies of insurance of
the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit D, and incorporated herein by reference.
17. CHANGE OF OWNERSHIP
Vendor agrees that if there is a change or transfer in ownership of Vendor's
business prior to completion of this Agreement, the new owners shall be required under
terms of sale or other transfer to assume Vendor's duties and obligations contained in
this Agreement and complete them to the satisfaction of City.
RDO Construction Equipment Co. Page 6
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18. FORCE MAJEURE
Vendor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of
this Agreement caused by any act of God, war, civil disorder, employment strike or other
cause beyond its reasonable control, provided that Vendor gives written notice of the
cause of the delay to City within forty-eight (48) hours of the start of the delay and Vendor
avails itself of any available remedies.
19. CONFIDENTIALITY
Vendor agrees to maintain the confidentiality of all City and City -related records
and information pursuant to all statutory laws relating to privacy and confidentiality that
currently exist or exist at any time during the term of this Agreement. All such records
and information shall be considered confidential and kept confidential by Vendor and
Vendor's staff, agents, employees and subcontractors.
20. FREIGHT (F.O.B. DESTINATION)
The Total Compensation includes shipment and delivery of Equipment to
designated City location. Vendor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated
with delivery of all products deemed necessary under this Agreement.
21. TERMS AND CONDITIONS
Vendor acknowledges that it has read and agrees to all terms and conditions
included in this Agreement.
22. SIGNATORIES AUTHORITY
Each person executing this Agreement expressly warrants that he or she is
authorized to do so on behalf of the entity for which he or she is executing this Agreement.
The City and Vendor represent and warrant that this Agreement is executed voluntarily,
with full knowledge of its significance.
23. STANDARD PROVISIONS
23.1 Recitals. City and Vendor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
23.2 Compliance with all Laws. Vendor shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
23.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal contract or implied covenant shall be held to vary the provisions herein.
RDO Construction Equipment Co. Page 7
13-9
23.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
23.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Vendor and City and approved as to form by the City
Attorney.
23.6 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California. The California Commercial Code shall be the controlling law
for the terms of this Agreement.
23.7 Equal Opportunity Employment. Vendor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
23.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either Party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
23.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
23.10 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing Party shall not be entitled to attorneys' fees.
23.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
RDO Construction Equipment Co.
Page 8
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Y
By.
Aaron C. Harp ►uw 5.7. is
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation and
charter city
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONTRACTOR: RDO CONSTRUCTION
EQUIPMENT CO., a North Dakota
corporation
Date:
in
Keith B. Kreps
Executive Vice President
Date:
Steven B_ Dewald
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A: Specification Proposal
Exhibit B: Pricing Proposal
Exhibit C: Warranty
Exhibit D: Insurance Requirements
RDO Construction Equipment Co.
Page 9
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EXHIBIT A
SPECIFICATION PROPOSAL
RDO Construction Equipment Co. Page A-1
13-12
PICK UP BOTTLE CAPS, SEAWEED, AND CIGARETTE
BUTTS IN A SINGLE PASS
The Rockland Beach King° established
Rockland as the world leader in beach
cleaning technology. For over 30 years, the
world has used Beach Kings from Florida to
California and Canada to New Zealand.
REASONS THE
BEACH KING° RULES
HYDRAULIC DRIVE SYSTEM
�r
. i
The Beach King° feature a PTO driven, machine mounted,
hydraulic drive system. Both belt and feed reel speed are
controlled from the operator's seat so that speeds may be
changed as sand condintions dictate. Both drive systems
are designed for years of dependable service.
POWER FEED REEL
The floating power feed reel delivers a smooth continuous
flow of sand and trash to the conveyor belt for maximum
productivity and total cleaning. Feed reel operating height
is adjustable to suit different applications, such as picking
up seaweed, storm cleanup, or deep cleaning.
CONVEYOR BELT
The alloy steel belt separates sand and trash. Clean sand
is left behind on the beach while trash is carried to the
bucket. The belt is driven by a tough, variable speed,
hydraulic motor. The variable speed, hydrualic belt drive
system guarantees that the operator can perfectly match
belt speed to sand conditions.
F r'
46
.010
WOO
13-13
BELT BRUSHES
Three rugged poly brushes swing into position to
help clean damp sand. They easily swing out of
the way for collecting seaweed.
RUGGED FRAME
The Beach King° is built to construction machinery
standards for years of dependable, trouble free
service. Built from high strength, heat-treated alloy
steel. It is not some bolted together mechanical
nightmare that sponsors corrosion.
BUCKET
The new Beach King® bucket holds 2.2 cubic yards
of debris. More time is spent cleaning the beach
and less traveling to a trash container or truck.
The bucket can dump material at any height up
to a maximum of 9 feet.
SIFTING ACTION
The Beach King@ sifts sand faster than ever
because of improved belt action. This translates
to less sand in the bucket and more clean beach
GROOMER
The groomer is engaged when the belt is activated
and automatically lifts from the sand when the
belt is stopped. The groomer leaves your beach
the way it should be - safe, smooth, and clean.
TOW TRACTOR. INFORMATION
Beach King@ Specifications
Height 81811
Width 98"
Cleaning Width 72"
Length Overall 23' 9"
Bucket Capacity (Yd3) 2.2
Bucket Dump Height 91
(maximum)
38x20.00-16.1
Ti res 10 PLY
High -Flotation
Conveyor Belt -Standard Alloy Wire Mesh
Conveyor Belt -Optional
Coarse Mesh (10 space/ft)
Fine Mesh (12 space/ft)
Spmfications subject to change without notice.
The minimum requirements are a 70 HP agricultural tractor with a 540 RPM PTO, 3 -point hitch,
flotation tires, and a two spool valve to operate the lift and dump cylinders.
WARRANTY
Rockland Beach King® is guaranteed against
failure due to defective design, workman-
ship or materials for a period of 1 year or
1,000 hours.
Printed in U.S.A.
a ❑isut-ibuneci by:
ROCKLANO MANUFACTURING CO.
0 D E30X 5 BEDRORO, PA 15522
BOO -45B-3773 www.rucklandmfg.ccm
Patent No. 1,850,391
BK11071G
13-14
EXHIBIT B
PRICING PROPOSAL
RDO Construction Equipment Co.
Page B-1
13-15
Retail Purchase Order
RDO Equipment Co.
83-300 Avenue 45
India CA, 92201
Phone: (760) 342-8900 - Fax: (760) 342-8909
Quantity Serial Hours Status / Year 1 Make 1 Model Cash Price
Number (approx.) Additional Items
1 TBD 0 New 2017 ROCKLAND MFG BEACH KING $134,000.00
Freight In INCOMING
Freight Out DELIVERY
Prep/ Reconditioning PDI
Purchase Order Totals
$2,000.00
$1,000.00
$1,000.00
Equipment Subtotal: $138,000.00
Balance:
$138,000.00
Tax Rate 3: (CAOR 7.75%)
$10,695.00
Sales Tax Total:
$10,695.00
Sub Total:
$148,695.00
Cash with Order.
Balance Due:
$148,695.00
13-16
EXHIBIT C
MANUFACTURER WARRANTIES
RDO Construction Equipment Co.
Page C-1
13-17
" iC RIFs / d T T
ACTIVATE YOUR WARRANTY!
There are two ways to activate your warranty_ You can go to www_rocklandmfg.com and fill out
the online warranty card, or fill out and return the warranty card supplied with this
booklet. Either option must be completed within ten days of installation to activate the warranty.
Please don't forget this important step for prompt, hassle -free warranty service.
WARRANTY INFORMATION
Your Rockland product is guaranteed for one year or 2,000 hours against any failure due to de-
fective material, design or workmanship. Cali your dealer immediately if any problem occurs that
might be covered by this warranty. Do not attempt repairs or service without contacting your
dealer first Rockland is not responsible for any warranty work that is performed without
our approval.
PAINT
Rockland paints some quick ship products grey or black. On all other products, Rockland makes
every effort to match the color of your machine. However, try as we might sometimes, due to paint
lots and aging, we cannot guarantee a perfect match. Your understanding is appreciated.
FOR PARTS
Call your dealer if you need optional equipment, parts or service. Your dealer is prepared to
provide parts and service whenever required. Have your attachment serial number ready to give
to our parts department.
NEED MORE INFORMATION? Call the Rockland Hot Line at 800-458-3773. We will be glad
to answer any questions. If there is something wrong or if you think we can do better, please tell
us. Use the HOT LIME or e-mail us at service(a7rocklandmfg.com
ROCKLAND WEB SITE - www.rocklandrnfg.com
It's all there - equipment guaranteed to increase machine productivity!
DEALER INSTALLATION RESPONSfBILITY
It is the Rockland dealer's responsibility to properly install this product on the machine for which
it was ordered and to make certain that the installation is done in accordance with the
instructions set forth by both Rockland and the manufacturer of the machine.
01111NErR'S iNFORMATlON
It is important that the owner and operator of this product be properly instructed by the dealer in
the safe operation and proper maintenance of the product and the machine on which it is
installed. One copy of this book is provided free of charge at the time of shipment. Additional
copies are $10.00 each.
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13-18
WARRANTY VALIDATION — MUST BE RETURNED TO ROCKLAND WITHIN 10 DAYS
This certifies that the dealer educated the owner or his representative in the safe operation of the Rockland
product and the machine below, that the Rockland product has been properly mounted on the machine in
accordance with the instructions provided by both Rockland and the manufacturer of the machine, and
that the Rockland product has been cycled through all operating positions to make certain that there is no
interference whatsoever between any part of the machine and the Rockland product that could cause
damage to the machine or any person. There are no warranties, express or implied, other than those set
forth in the Owner's Information booklet. Signature certifies that the above conditions are satisfactory.
Product
Machine Model
Dealer
Address
City, State, Zip_
Phone:
Dealer Signature
EXTENDED WARRANTY PURCHASED?
Owner
Address
City, State, Zip
Phone:
Owner Signature.
PARTS BOOK REQUEST
PRODUCT EVALUATION
Completed By:
I. Quality of Owners Information &
Installation Instructions
2. Paint Quality
3. Weld Appearance
4. Ease of Installation
5. Performance
6. Overall Quality
Any Problems?
Hnytning we can do better`?
S/N
Hours Install Date
E-mail
FYes 1]_No
E-mail
IIPlease e-mail me an additional parts book!
Please take a moment to complete this survey. We need to
know what you think of our products and how well the
installation went. Thanks!
Date
Excellent Good Fair Poor Not Applicable
M
M
M
M
M
M
>•
0
M
M
M
M
want us to caii you'! Best Time Phone #
Thank You!
ROCKLAND MANUFACTURING COMPANY — www.rocklandmfg.com
13-19
EXHIBIT D
1. INSURANCE REQUIREMENTS — VENDORS
1.1 Provision of Insurance. Without limiting Vendor's indemnification of
City, and prior to commencement of work, Vendor shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory to
City. Contractor agrees to provide insurance in accordance with requirements set
forth here. If Contractor uses existing coverage to comply and that coverage does
not meet these requirements, Contractor agrees to amend, supplement or endorse
the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless
otherwise approved by the City's Risk Manager.
1.3 Coverage Reguirements.
1.3.1 Workers' Compensation Insurance. Vendor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each accident for
bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California, Section 3700 of the Labor
Code.
1.3.1.1 Vendor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
1.3.2 General Liability Insurance. Vendor shall maintain
commercial general liability insurance, and if necessary umbrella liability
insurance, with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars ($1,000,000)
per occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an insured
contract (including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
1.3.3 Automobile Liability Insurance. Vendor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of the Vendor arising
out of or in connection with Work to be performed under this Agreement, including
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coverage for any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit each accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Vendor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Vendor hereby waives its own right of recovery against City, and
shall require similar written express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including
general liability, excess liability, pollution liability, and automobile liability, but not
including professional liability, shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under
such policies.
1.4.3 Primary and Non Contributory. All liability coverage shall
apply on a primary basis and shall not require contribution from any insurance or
self-insurance maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty
(30) days notice of cancellation (except for nonpayment for which ten (10) days
notice is required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The Parties hereby
agree to the following:
1.5.1 Evidence of Insurance. Vendor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates and
endorsement must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Vendor sixty (60) days advance written notice
of such change. If such change results in substantial additional cost to the Vendor,
the City and Vendor may renegotiate Contractor's compensation.
1.5.3 Enforcement of Contract Provisions. Vendor acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Vendor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
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1.5.4 Requirements not Limiting. Requirements of specific
coverage features or limits contained in this Section are not intended as a limitation
on coverage, limits or other requirements, or a waiver of any coverage normally
provided by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not intended by
any Party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
1.5.5 Self-insured Retentions. Any self-insured retentions must
be declared to and approved by City. City reserves the right to require that self-
insured retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
1.5.6 City Remedies for Non Compliance If Vendor or any
subvendor fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to terminate
this agreement, or to suspend Vendor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Vendor or reimbursed by Vendor upon
demand.
1.5.7 Timely Notice of Claims. Vendor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Vendor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 Vendor's Insurance. Vendor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
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