ORDER NO. X7302 RWRRDING RIDS ROgD qND BRIDGE On this the 2nd day of October 2@Qil, upon motion by Commissioner- Griffin, seconded by Commissioner^ L.etz, the Court unanimously approved by a vote 4-0-0, to award the bid for two motor- gr•ader•s with scarifier^s to Holt Equipment Company, and that the Court award the bid for- the i-ton tr^uck equipped with telescopic aerial bucket to Commer^cial Body Corporation. Bid Summary for Kerr County Road & Bridge October 22, 2001 Lease of Two (2) Motor Graders with Scarifiers COMPANY MONTHLY RATE 5 YR TOTAL REPAIR EXPENSE TOTAL EACH MACHINE TOTAL TWO MACHINES HOLT $ 1,295.00 $ 77,700.00 $ 2,100.00 $ 79,800.00 $159,600.00 ANDERSON $ 2,717.55 $163,052.76 $ 3,500.00 $166,552.76 $333,105.52 Road & Bridge recommendation for the Motor Graders will be HOLT with low bi~~ 1-Too Truck equipped with Telescopic Aerial Bucket Commercial Body Corporation was the only bid with $35,995.00 Road & Bridge recommendation is COMMERCIAL BODY CORPORATION. ''CHA Continental Casualty Company CNA Plaza A Stock Company Chicago, Illinois 60685 Herein called the Company BID BOND KNOW ALL MEN BY THESE PRESENTS: Thar we Holt Company of Texas and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto Principal, Kerr County Road & Bridge, 4010 San Antonio Highway, Kerrville, TX 78028 ,Obligee, in the sum of Ten Percent of Greatest Amount Bid -------------------------- Dollars(510~ GAB for the payment of which we bind ourselves, our legal repre sentotive s, successors and assigns, joi of ly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for 2001 12H Motor Grader NOW, THEREFORE, if the said contract be awarded to Principal and principal sha(I, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or iF Principal shall Fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such fo~lure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remoin in full force and effect. Signed, sealed and dated 10/17/01 Ho t Compa o Texas By' ~ (Seol) Principal Continental Casualty by ~ ~ ~.,Ll,n"' Margaret Strowd 1 23054-B ~w ~.~a„z-,,. ~~~ ~~ ~~~ Y J ~ t F r. ., ~ `J '", rvt ea W~ti?dry^:,.. ,,...,,w•.". ., ..} . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, National Flre Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Roy W. Jendrix, VaNisha Mallory, Nettie Gilbert, Michelle Drew, Karen D. Walleck, Donna Warren, Ruby P. Cendeias Margaret Strowd. Individually their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behaB bonds, undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same eMent as if such instruments were signed by a tluly authorized officer of their wrporallons and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attomey is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 31st day of January, 2001. ~wX .~-,',[' ~UC _~~ ~,~''~.~,~ L' Telephone: ~ d~j - r.~ ~~ ,r"'j> ~,y' TO BIDDER: We will be accepting bids to lease two (2) Motor Graders in the best interest of Kerr County according to; parts, service, warranty, proven reliability, and not necessarily low bid. Motor Grader with Scarifier 1. Model New -Current CAT 12H or Equivalent ~~~ ~ 1 ~-'1 ~~-~ 2. Operating Weight with Rear Scarifier 3. Weight on Front 4. Weight on Back 5. Diesel Engine 6. H.P. and Cubic Inch 31,410 Ib 8,37016 23,40016 Four-stroke cycle, 6 cylinder ~~~ ~~ ~L ~.? ..~fz~ ?i~7 '' 154 Gross HP/638 cu.in. displacement ~ _~'j `~~~~« °~-¢Q~L -3~~;~ ~ 7. Transmission Direct drive, power shift, 8F, 6R, with inching capability 8. Differential Lock/unlock Furnished 9. Brakes 4 Wheel, wet disc, air actuated 10. Controls 8, Closed-center control valve 11. Power Steering 2 Cylinder, hydraulic with hand n C~~ /,~,~~ t,; Jf,~u n~~~ ,Ur; f f~La Metering unit ~r ,~~r~ SPECIFICATION # 0034-01 PAGE 6 10/2/01 12. Mold Boazd 14'X24"X7/8" ' / / ~7T~~~" ' 13. Bank Cut Angle 90 Degrees, both sides ~ "~ {~icr ~~~ j~'/1'-` ~ 14. Circle 360° Rotation with sGp clutch /' / p . ~~.C~~ /L ~r /~. /v' w%~7/ ,~ C`!/~ C~~ r 1 S, pyyhFLe _ Front Mount, Min 2000 lbs. ~ ~ ~~c', b` f ~,/ ~ /-~<' j /F7 _ 16. Scarifier Keaz Mounted Ripper-scarifier ~,,..rf~~-r~~_~~ Hydraulic Ripper Shank with With 5 teeth 17. Front Axle Live spindle design ~~ ,~,~~- wig'%, ~ ~ 18. Overall Length 32' 10" ~'1~ .~ 19. Overall Height 10' 4" /E;> `.„ ~ ~ 2 Enclosed ROPS cab with Heater , /Uw"~ And air conditioning ifi,'T''/ i/> ~.7 /?'Y,_' ~' :.. 21. Tire Size 14.0 R24MX XGLA2 R~ ~ ~,.~-1 ~1,~'~~ 22. Lights 23. Gages 24. Warranty All Standard( Head, Stop, and Tail), Plus Directional, Warning, and ydc,-~~ ~ s~~r-°, T~,1, _)•~~~~ ," ~'' ~, Work lights ~I~,.La'~> `=~,r,,,^/L /ii c~15 Fuel, 2 brake air pressure, coolant, f_a ~_ , a R,pf~yr ,:,,. //'f ~t ~,'~i articulation, hour meter f,~l„~~r,~„/,,r,~ ,a;"_ti~,, y/~ ;~-,~ Standard Warranty ~.' ~Jt~~1t+1 ~~Ia~194ii-~,ri~ ~. Delivery 60-90 days or sooner FOB Ken County ~Pp~: ~ ~ ~ ~ ~ `'3!~ S Any specifications that do not meet required specifications will not be considered. Kerr County reserves the right to reject any and all bids. Sealed bids will be accepted unti15:00 p.m., October 19, 2001, at the Kerr County Clerks Office. Sealed bids are to be addressed to the Kerr County Road & Bridge Department and be stated "SEALED BID 034-O1-MOTOR GRADER" on the envelope. Bids will be publicly opened and read at 10:00 a.m, October 22, 2001 in Commissioners Court. SPECIFICATION # 0034-O1 PAGE 7 10/2/01 Bid Form for Lease of Motor Grader with Scarifier BID DATE: October 19, 2001 @ 5:00 p.m. Do not include Federal Tax or State Sales Tax. The necessary exemption certificates will be issued upon request. ITEM DESCRIPTION I. ONE (1) NEW CURRENT MOTOR GRADER Manufacturer and Model No: ~.~~ ~~, l/v4C d ~J-~ Warranty: ~v M~~i~ `iT~7AI I-f1~ l-(iT:~-' Time Needed for Delivery: ~~?r; ~ (s~ p I~ /~ V ~~, 2. Five (5) yeaz Lease (60 months @ $ ~-~~{ 6-"' /mo) $ 1 1 ,1 G Ll `- 3. GUARANTEED REPAIR EXPENSE (from delivery to 5 yeazs or 7,500 hours Qo whichever comes first)--- SHALL NOT EXCEED $ 2 , ,~/ o0 4. TOTAL COST BID for EACH. (Add Item 2, and Item 3)$ / TOTAL COST BID FOR TWO (2) MOTOR GRADERS WITH SCARIFIERS $G S /.^~(1D BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above Motor Graders with Scazifiers to be delivered under this bid will meet or exceed all of the minimum specifications and conditions set forth by the County of Kerr. DATED THIS ~ ~ f ~ DAY OF ~ C Io~~2 2001. / i Bidding Firm: L ~~ - ~~ G~jQ~' Address: ~ Q l ~~~ A91/TC7VlU, Imo' _ l ~L~ o Telephone: Z ~ /~~ (Seal if Corporation) By: ~t/~ Title: ~/~ljL1/VG~ ~.~~'s ~~,~~SK{' HALT ., ~a1 ~~"r.~(xd ~~ 'um~'.oa P~' U~~~~A~j l a a~ ar ~~>>~ ~~ ~Q~T~ ~~~~ ~~ 5~~~~Y ~~jo a-~' ~~yrl~i ~`' ~~~ ~~2s~ ~~ ~, SPECIFICATION # 0034-01 PAGE 7 10/2/01 Bid Form for Lease of Motor Grader with Scarifier BID DATE: October 29, 2001 @ 5:00 p.m. Do not include Federal Tax or State Sales Tax. The necessary exemption certificates will be issued upon request. ITEM DESCRIPTION 1. ONE (1) NEW CURRENT MOTOR GRADER Manufacturer and Model No: Mme' Holland RG-170 Warranty; 1 Year/ 2 , 000 Hours Time Needed for Delivery: - Days or ess 2 717.55 163,052.76 2. Five (5) yeaz Lease (60 months @ $ /mo) $ 3. GUARANTEED REPAIR EXPENSE (from delivery to 5 yeazs or 7,500 hours whichever comes first)--- SHALL NOT EXCEED $ 3 , 500.00 4. TOTAL COST BID for EACH. (Add Item 2, and Item 3)$166, 552.76 TOTAL COST BID FOR TWO (2) MOTOR GRADERS WITH SCARIFIERS $ 333 ,105.52 BIDDER MUST SUBMIT A COPY OF THE LEASE AGREEMENT WITH THIS BID FORM I certify that the above Motor Graders with Scarifiers to be delivered under this bid will meet or exceed all of the minimum specifications and conditions set forth by the County of Kerr. DATED THIS 17 DAY OF October , 2001. Bidding Firm: Anderson Machinery San Antonio, Inc. Address: P. o. Box 200380 San Antonio, Texas 78220 Telephone: 0) 661-366 (Seal if Corporation) By: ~ Title: Vice President ADDENDUM SPECIFICATION # 0034-O1 PAGE 1 10/16/01 Invitation For Bid No. 034-O1 Motor Graders w/Scarifiers Bid Date: October 19, 2001, 5:00 p.m Opening date: October 22, 10:00 a.m On Page 2 of the original bid packet the General Provision (H.), read as follows: I. General H. The successfirl bidder must post a Performance Bond in the amount of fifty percent (50%) of the amount of the guaranteed repurchase price of the equipment bid under Item No. 4. hereof, in order to guazantee that the successful bidder will fulfill all of his obligations under this agreement. The General Provision (H.), has been amended as follows: I. General H. All equipment ordered by Kerr County must be delivered, at no cost to Kerr County, to Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, Texas 78028. ANDERSON MACHINERY SAN ANTONIO, iNC. P.O. BO% 200380 SAN ANTONIO. TE%AS )8220-0380 PNONE 216661~236fi FA% 210.681-a9)1 October 17, 2001 Kerr County Road & Bridge 4010 San Antonio Highway Kerrville, Texas 78028 Anderson Machinery San Antonio, Inc. agrees to offer to Kerr County Road & Bridge a purchase option on the New Holland RG-170 articulated motor grader s/n Kerr County Road & Bridge may exercise the purchase option at any time during the lease for the purchase value of $163,052.76 less all funds received. Kerr County agrees to operate, maintain and repair machine including normal wear items in accordance with the manufacturer's recommended specification. Accepted by: Kerr County Road & Bridge Accepted by: Anderson Machinery San Antonio, Inc. TA/rc BID FORMS for LEASE Of TWO (2) MOTOR GRADERS WITH SCARIFIERS Kerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 830-257-2993 SPECIFICATION # 0034-O1 PAGE 2 10/2/01 Invitation For Bid No. 034-O1 Motor Graders w/Scarifiers Bid Date: October 19, 2001, 5:00 p.m Opening date: October 22, 10:00 a.m Thu entire bid packet must be completed and returned I. General A. Kerr County Clerk will accept sealed, competitive bids for the lease of two (2) motor graders with scarifiers. B. Bids must be submitted no later than 5:00 p.m., Friday, October 19, 2001, at the Kerr County Clerks Office. Bids will be opened at 10:00 a.m, Monday, October 22, 2001, at the Kerr County Conunissioners Court. Bids must be original and in sealed envelopes cleazly marked "Sealed Bid 034-O1." Bidders aze invited to attend the bid opening. C. Bids must be submitted on the Bid Forms as provided with this Invitation for Bids, or a copy thereof. Bidders must provide unit prices for each Item Number on the Bid Sheet. A "No Bid" or blank quote for any Item Number on the bid Sheet will be considered a rejection of the entire bid. A "No Chazge" or "Zero" quote will be considered as incurring no cost to the County. D. Kerr County is not responsible for late delivery by the United States Postal Service or any independent carrier. Late bids will be returned unopened without consideration. Facsimile transmittals aze not acceptable. E. Bid awazd will be made to the responsible bidder offering equipment meeting specifications at the lowest total price as shown on the Bid Form. F. Kerr County reserves the right to accept or reject any or all bids. G. As this bid is expected to exceed $25,000.00, a bid bond of ten percent (10%) of the bid price must accompany each bid. Bonds submitted by unsuccessful bidders will be returned within ten (10) days of bid opening. The bond submitted by the successful bidder will be returned upon equipment delivery. H. The successful bidder must post a Performance Bond in the amount of fifty percent (50%) of the amount of the guaranteed repurchase price of the equipment bid under Item No. 4. hereof, in order to guazantee that the successful bidder will fidfill all of his obligations under this agreement. SPECIFICATION # 0034-01 PAGE3 10/2/01 I. All equipment ordered by the County must be delivered, at no cost to the County, to Kerr County Road & Bridge, 4010 San Antonio Hwy., Kerrville, Texas 78028. II. Guaranteed Total Maximum Repair Costs A. The bidder shall state on the Bid Form the guazanteed maximum total costs to the County for repair of the motor grader and wheel loader specified herein, pursuant to the terms stated herein. B. The County will assume responsibility for all repair costs resulting from damage due to fire, windstorm, flood and rising waters, lightning, theft and pilferage, vandalism, accidents, and operator and mechanic's negligence. Total cost of the repairs due to the above circumstances will not be included in computing the guazanteed maximum total cost of repairs covered under the contract. C. The successful bidder shall pay for all repairs (including parts and labor) to the equipment covered by the manufacturer's warranty, and these costs shall not be included in the guazanteed total costs ofrepairs. D. The County shall assume, at it's expense, all costs including labor to repair or replace all parts and components normally consumed in day-to-day operations such as tires, tubes, tine repairs, lubricating oil, filters of all types, grease fuel, antifreeze, cutting edges, batteries, headlights, glass breakage, belts, braked lining, cleaning and painting. These costs will not be included in computing the guaranteed maximum total cost of repairs under this contract. E. At the termination of the contract, the vendor agrees to pay to the County the cost of repairs that are in excess ofthe amount bid on REPAIR EXPENSE. F. The County shall maintain the equipment in accordance with manufacturer's recommendations. G. The successful bidder has the right to inspcct the equipment during normal department working hours and to make recommendations for repairs and improved maintenance in keeping with the requirements stated by the manufacturer in the shop manual for the maintenance and repair of the equipment. H. Any repairs, other than those covered in subpazagraphs B, C, and D of this section, which exceed $100.00 may be repaired by the vendor, at his option. If the vendor chooses to repair the equipment, repairs shall commence within one (1) day after notification by the County. I. The accumulation of chazges from County labor and parts, as well as vendor invoices for repairs, other than those covered in subpazagraphs B, C, and D of this section shall be the basis for computing the guaranteed maximum total cost of repairs under this contract. SPECIFICATION # 0034-01 PAGE 4 10/2/01 J. The vendor shall have the right to examine repair costs at any reasonable time. Should a dispute occur between the County and the vendor, as to whether a chazge should be included in computing the guazanteed maximum total cost of repairs, then the entire matter shall become subject to arbitration as set forth in the bid documents. Tan Anderson Name of individual authorized to bid: _ Signature: ~ ~~ Firm Name: Anderson Machinery San Antonio, Inc. Address: P. O. Box 200380 San Antonio, Texas 7 Telephone: 2( 10 ) 661 _ 2366 FAX: 2( 10 ) 661 _ 4971 SP)/CII'IGATION # 0034-01 PAGE 5 10/2/01 DATA SHI;E'~ for Kerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 (210)257-2993 This spec jcation packet must be completed and returned as part ojyour biaG Bidders Name Address: Telephone: Anderson Machinery San Antonio, Inc. P. O. Box 200380, San Antonio, Texas 78220 (210) 661-2366 TO BIDDER: We will be accepting bids to lease two (2) Motor Graders in the best interest of Kerr County according to; parts, service, warranty, proven reliability, and not necessarily low bid. Motor Grader with Scarifier 1. Model 2. Operating Weight with Reaz Scarifier 3. Weight on Front 4. Weight on Back 5. Diesel Engine 6. H.P. and Cubic Inch 7. Transmission New -Current CAT 12H or Equivalent New Holland RG-170 31,410 Ib 34 , 237 8,370 Ib 9, 370 23,4001b 24 , 867 Four-stroke cycle, 6 cylinder Yes 154 Gross HP/638 cu.in. displacement 170 Net HP/8.3L. Direct Drive, power shift, Duect drive, power shift, 8F, 6R, 8F, 4R, with inching capability with inching capability Y 8. DifferentialI.ock/unlock Furnished es 9. Brakes 4 Wheel, wet disc, air actuated 4-wheel, wet Disc, hydraulic 10. Controls 8, Closed-center control valve Yes 11. Power Steering 2 Cylinder, hydraulic with hand Yes Metering unit SPECIFICATION # 0034-O1 PAGE 6 10/2/01 12. Mold Board 14'X24"X7/8" Yes 13. Bank Cut Angle 90 Degrees, both sides Yes 14. Circle 360° Rotation with slip clutch 360 Degrees 11, PyytLP ate_ Front Mount, Min 2000 Ibs. Front Mount, 1,100 lbs. 16. Scarifier Reaz Mounted Ripper-scarifier Yes Hydraulic Ripper Shank with With 5 teeth Rill live oscilation and live lean 17. FaAnt Axle Live spindle design 18. Overall Length 32' 10" 32' 2" 19. Overall Height 10' 4" 10' 5" 2Q, Cab Enclosed ROPS cab with Heater Yes And air conditioning Yes 21. Tire Size 14.0 R24MX XGLA2 22. bights All Standard( Head, Stop, and Tail), Plus Drrectional, Warning, and Work lights Yes 23. Gages Fuel, 2 brake air pressure, coolant, Full gauge and articulation, hour meter A/v monitor systan 24. Warranty Standazd Warranty 1 Year/2,000 xours ,a3. Delivery 60-90 days or sooner FOB Kerr County Yes Any specifications that do not meet required specifications will not be considered. Kerr County reserves the right to reject any and all bids. Sealed bids will be accepted unti15:00 p.m., October 19, 2001, at the Kerr County Clerks Office. Sealed bids are to be addressed to the Kerr County Road & Bridge Department and be stated "SEALED BID 034-01-MOTOR GRADER" on the envelope. Bids will be publicly opened and read at 10:00 a.m, October 22, 2001 in Commissioners Court. A N D E R S O N M A C H I N E R Y Highway 290 East Austin, Texas (512) 272-8133 9415 N.E. Loop 410 San Antonio, Texas (210) 661-2366 6535 Leopard Street Corpus Christi, Texas (361) 289-6043 LEASE AND RENTAL AGREEMENT C O M P A N Y 700 West Expressway 83 Pharr, Texas (956) 781-5995 LESSEE: Kerr County Road & Bridge ADDRESS: 4010 San Antonio Highway CITY & STATE: Kex~ville, Texas 78028 Description: One (1) Nee Holland RG-170 articulated motor graders, equipped with 14' Blade, rear ripper Lo-profile cab with air conditioner and heater, front push block, differential lock/unlock and all standard equipment. VALUE: $163,052.76 The single shift base rate per Month shall be ............ $ 2,717.55 Insurance charge (in lieu of required) or carrier shall be Pmyided .17y. C5rstomer _ ....... $ -0- Applicable tax (Tax Exemption Certificate may be furnished in lieu of payment) T~.~~t$ Certificate Total single shift base charge per Month including tax ..... $ 2, 717.55 The guaranteed term of this rental is sixty (60) months and any extension beyond the guaranteed minimum term shall be at the appropriate rate, payable in advance. SHIPPING BY: ^ LESSEE ®LESSOR CHARGES none JOBSITE LOCATION: 4010 San Antonio Highway, Kerrville, Texas 78028 FUEL: Unit will be furnished with a full tank of fuel on delivery. Lessee agrees to return the unit with a full tank or reimburse the Lessor for the cost of filling the fuel tank. ACCEPTANCE: This "Lease and Rental Agreemem" is tendered by Lessee for aaeptance and shall become a binding agreement ony when accepted by an Orficer of Anderson Machinery Company (herein referred to as "Lessor"), at its business offices. USE: Lessee shall have the right to make lawlul and reasonable use of equipment in the conduct of Lessee's business and agrees during the period covered by this lease, or any extension thereof to use said equipment in a careful and prudent manner. Lessee agrees to make at Lessee's expense and using only authorized parts and qualified personnel, any and all repairs thereon which may be necessary to keep said equipment in good condition and upon the termination of this lease to return said equipment to Lessor in as good condition as received, normal wear excepted. Lessee further agrees to use said equipment only for the purposes and in the manner recommended by the manufacturers thereof and, further, not to load said equipment beyond the capacities recommended by the manufacturers. REPAIR: Lessee agrees that time required to complete repairs to the above described equipment attar return from renal, whether necessitated by physical tlamage and covered by Lessee's insurance or resulting from repairs, required as a result of damage beyond normal wear, will be billed at 50°b of the appropriate single shift base rate above and Lessee agrees to pay the charges therefor. REPAIR CLAUSE: Lessee agrees to pay all repair cost except normal wear. Lessee also agrees to pay for high wear items like cutting edges, teeth, tires, hammer points and undercarriage (tires and undercarriage will be pro-rated). NON-WAIVER: Time is of the essence. Lessor's failure at any time to require strict pertormance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strip compliance therewith or with any other provision. Waiver of any default shall not waive any other default. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy. Lease payments and use tax are payable at the offices of ANDERSON MACHINERY COMPANY, (~~ cainty) San Antonio Texas. Transportation, service, repairs and damages are the responsibility and expense of the Lessee. All conditions on the face and reverse hereof are accepted by: ANDERSON MACHINERY COMPANY BY: LESSEE: Kerr County Road & Bridge BY: TITLE: Vice President DATE: TITLE: DATE: LIABILITY: Lessee shall protect. indemnity and save Lessor and ile assigns harmless against any and all claims, demands and causes of action of every kind and character Whatsoever, including attorney's tees, ansing in favor of any person, inclutlinp but not limited to employees of Lessee, on account of personal injuries or death or damages to property occuring, growing out of, incident to or resulting directly or intlirectly from the use, maintenance, operation antl/or delivery of the equipment tluring the existence of this lease, or any extension thereof, and Lessee shall provide adequate liabtlily insurance therefor at Lessee's own expense. TAXES: Lessee shall comply with and conform to all laws, ordinances and regulations relating to the ownersmp, possession, use or maintenance of the equipment, and save Lessor harmless against actual or asserted violations, and pay all casts and expenses of every character occasioned by or arising out of such use. Lessee agrees that, during the term of this lease, In addition to Me rent and all other amounts provided herein to he Daitl, n will promplry pay all taxes, assessments and other governmental charges (including penalties and Interest, it any, and tees for titling or registration, if regwredl leveed or a55e5se0' (a) upon ine interest of me Lessee m the egwpment or any part thereat, or the use or operation thereof or on the earnings arising therefrom; and'b) against Lessor on account of rts acquisition or ownership of the equipment or any part thereof; or the use or operation thereof or the leasing thereof to Ne Lessee. or the rent herein provltled tor, or the earnings ansing therefrom, exclusive, however, of any taxes based on net income of Lessor Lessee agrees to file, in behalf ql Lessor, all requiretl tax returns antl reports concerning the equipment with all appropriate governmental agencies, and within not more Ihan 45 days after the tlue date of such tiling, to send Lessor confirmation, in farm satisfactory to Lessor, of such tiling. INSPECTION: Lessee shall, whenever requeste4 advise Lessor of the exact location and condition of the equipment and shall give Lessor immediate notice of any attachment or other judicial process affecting the equipment, and intlemnify and save Lessor harmless Irom any loss or tlamage caused thereby Lessor may, for the purpose of Inspection, at alt reasonable times enter upon any job, building, or place where the equipment is located', and may remove the equipment forthwith, without notice tg Lessee, if the equipment is, In the opinion of the Lessor, being used heygnd its capacity or in any manner improperly cared for or abusetl. CHARGES: Lessee agrees mat the base rate for use of the equipment during the term of IHe lease, or any extension thereat, Is based on "single shift use" which is tlefinetl as a maximum of eight (el hours on a daily rental or a maximum of forty (40) hours on a weekly rental or a maximum of one hundred seventy three (t73) hours on a monthly rental. Lessee agrees to pay a charge of 150 % of the base rate far "double sniff use" which is defined as any usage in excess of eight (8) hours per day up to a maximum of sixteen (16) hours per day on a daily rental or for any usage m excess of tarty (40) hours Der week up to a maximum of eighty (80) Hours per week on a weekly rental or for any usage in excess of one huntlre0 seventy Nree (173) hours per monm up m a maximum of inree Hundred forty siz (3461 nours Dar month an a monthly rental. lessee agrees to Day a charge of 200 % of the base rate fora "triple Shin use' which is tlefinetl as any usage in excess of sixteen (161 hours per tlay on a daily rental or eighty (80) hours per week on a weekly rental or Ihree huntlretl forty six (346) hours Der month an a monthly rental. Provided the Lessee Has Daid the minimum guaranteetl lease amount, the charges for use of the equipment beyond the term of the lease shall be computed at one-third phi of Ne DroDer monthly "shift use" rate per week antl one-third ('/il of the prober weekly "shift use" rate Dar tlay Conversion to a longer term guarantee is available. at the Lessor's option, when advance written notice is given by the Lessee. Conversion will become effective for the current billing periotl forward but will not be retroactive to any prior rental period Rate calculations for the extended pengd will be matle by multiplying the daily or weekly rate by three (3) to arrive at the weekly or montly rate. respectively NO WAflflANTY: Lessor, not being the manufacturer of the equipment, nor manufacturer's agent, makes no warranty or representation, either espress or implied, as la the fitness, quality, design, condition, capacity, suitability, merchantability or performance al the aquipmenl or of the material or workmanship thereat, it being agreed that the equipment is leased "as ia" and That all such risks, as between the Lessor and tae Lessee, are to be borne by the Lessee al its sole risk and expense. Lessee accortlingly agrees not to assert any claim whatsoever against the Lessor based thereon Lessee further agrees, regardless of cause, not to assert any claim whatsoever against the Lessor for lass of anticipatory prohis or consequential damages. No oral agreement, guaranty, promise, condition, representation or warranty shall be binding; all briar conversations, agreements or representations related hereto and/or to said equipment are integrated herein. No modification hereof shall be bintling unless in writing signetl by Lessor TITLE: All saitl equipment shall remain personal property, and tide thereto shall remain in Lessoi exclusively Lessee shall keep me equiyment bee from any and all hens, and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. PEflFOflMANCE OF OBLIGATIONS OF LESSEE BY LESSOR: In the event that the lessee shall fail duly antl promptly to perform any of its obligations under the provisions of this lease, the Lessor may, at its option, perform the same for the account of Lessee without thereby waiving such tlefault, antl any amount paitl or expense (including reasonable attorney's feed, penalty or other liability incurred by the Lessor in such performance, together with interest at the rate of 14x% per month thereon until paid by the Lessee to the Lesser, shall be payable by the Lessee upon demand as additional rent for the equipment. DEFAfILT: An event of tlefault shall occur if: (a) Lessee fails to pay when due any instalment of rent and such failure continues for a period of 10 days: (b) Lessee shall fail to perform or observe any covenant, contldmn or agreement to be performed or o6servetl by it hereuntler and such failure continues uncured for 15 tlays'. (cl Lessee ceases toing business as a going concern, makes an assgnment for the benefit of creditors, atlmits in writing its inability tg Day its de6is as they become due, hies a voluntary petition in bankruptcy, is atljutlicatetl a bankrupt or an insolvent, files a petition seekng for itself any reorganzation, arrangement, composition, reatllusiment hquitlahon, dissolution or similar arrangement under any present or future statute, law or regulation or files an answer admitting the material allegations of a petition hied against it in any such proceeding, consents [o or acquiesces in the apDOinlment of a trustee, receiver, or hgwdalgr of n or of all or any substantial Dan of its assets or properties, or it rt or ns shareholders shall take any action looking to its tlissolution or liquidation, (d) wtlhin 60 tlays after the commencement of any proceedings against Lessee seeking reorganization, arrangement, reatllustment liquidation, dissolution or similar relief relief untler any present or future statute, law or regulation, such proceedings snail not have been dismissed, or ii within 60 days a0er the appointment without Lessee s consent or acquiescence of any trustee, receiver, or liquidator of it or of all gr any substantial part of its assets and properties, such appointment shall not be vacated; or le) Lessee adempis to remove. sell, transfer, encumber, part with possession or sublet the equipment or any item thereof Upon the occurrence of an event of default, Lessor, at ns option, may; (a) tleclare all sums tlue and to become due hereunder immediately due antl payable. (b) proceed by appropriate court action or actions or other proceedings either at law or equdy to enforce performance by the Lessee of any and all covenants of this lease and to recover damages for the breach thereof; (c) tlemantl that Lessee deliver the egwpment forthwith to Lessor al Lessee's expense at such place as Lessor may designate: antl (dl Lessor and/or its agents may, without notice or liability or legal process, enter into any premises of or untler control or jurisdiction of Lessee or any agent of Lessee where the egwpment may be or by Lessor is believed to be, and repossess all qr any item thereat disconnecting antl separating all thereof from any other properly antl using all force necessary or permitted by applicable law so to do. Lessee hereby ezpressly waiving all further tights to possession of the equipment and all claims for injuries suffered through or loss caused by such repossession; but [he Lessor shall, nevertheless, be entitle0 to recover immediately as liquidated damages for loss of the bargain and not as a Denalry any unpaid rent that accrued on or before the occurrence of the event of tlefault plus an amount equal to the difference between the aggregate rent reserve0 hereuntler for the unexpire0 term of ma lease antl Me [hen aggregate rental value of the equipment for such unexpired term, provided, however, that if any statute governing the Droceetling in which such tlamages are to be prove0 specifies the amount Ot such claim, Lessor shall be entitletl to prove as and for damages for the breach an amount equal to that allowetl under such statute. The provisions of this paragraph shall De without prejudice to any rights given to ine Lessor by such statute to Drove for any amounts allowed thereby 6houltl any prgceetlings be instituted by or against Lessor for monies due to Lessor hereunder and/or for possession of any or all of the equipment ar for any other relief Lessee snail pay a reasonable sum as attorney's lees ASSIGNMENTS: Neither this lease nor Lessee's rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind any Darmitted successors and assigns of Lessee. Lessor may assign the rents reserved herein or all or any of Lessor's other rights hereunder Lessee on receiving notice of any such assignment shall abitle thereby and make payment as may therein be directed Fallowing such assignment, soley for the purpose of tletermining assignee's rights hereuntler, the term "Lessor" shall be deemed to include ar refer [o Lessor's assignee. MISCELLANEOUS: Lessee will not change or remove any Insignia w lettering on the equipment antl shall conspicuously identity each item of the leased equipment by suitable lettering thereon to indicate Lessor's ownership All iransDOrtabon charyes shall he Horne by t essee. All notices relating hereto shall be mailed registered to I essnr or lessee at its respective address above shown or at any later address last known to the sender II any part hereof is contrary to, prohibited by or tleemetl invali0 under aDDlicable laws or regulations of any jurisdiction, such provision shall he inapplicable and deemed omitted but shall not invalidate the remaining provisions Hereof. Lessee waives all rights under all exemption laws Lessee admits the receipt of a true copy of this EquiDmenl Lease. This lease is irrevocable tar the full term hereof and for the aggregate rental herein reserved, and the rent shall not abate by reason of termination of Lessee's right of possession and/or the taking of possession by lessor or for any other reason, antl, delinquent instalments of rental shall Dear interest at 19z% per month if not prohihitetl by law, otherwise at me highest lawful contract rate INSURANCE: Lessee agrees, during the period of this lease, or any extension thereof, to indemnify and reimburse the Lessor against any and all loss or damage to said equipment, and to that end Lessee agrees to keep said equipment insured for the full insurable value thereof against fire, theft and combined additional coverage. lessee agrees to procure such insurance protection in amounts satisfactory to Lessor and that Lessee shall, on request of Lessor, deliver to Lessor the policies or evidence of insurance with a standard long form endorsement showing loss, if any, payable to Lessor. LESSEE: Kerr County Road & Bridge gy; MptMNERYA?~ ~~•'~ 4415 N.E. LDS 82~'~~ P.O. BDTE~ ~ pNTOMD~ y asid9e Road hwaY TO• yeCr Ca ~n A~tonx° N'/0°j8 A010 Sa •~exa`• ~ Kesr~ille• RDAD 6 HRTO HGRA E ~E00 P-TI. HHRR ~~~ p34_01'~DDl ~Sp.AyRD ~,rogBR 19. pRIDAY' SPECIFIACTIONS #0033-01 09/28/01 Page 1 DATA SHEET FOR Ken County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 (830)257-2993 Company Name: Representative Name: Caiunercial Body Corporation Jack K. Sassman Title: Manager of Sales Iutministration Address: P•O. Box 1119 San Antonio, Texas 78294 Phone: (210) 476-7777 Kerr County will be purchasing a 1-Ton Truck Equipped with a Telescopic Aerial Bucket. Sealed bids will be received at the Kerr County Clerk's Office until 5:00 p.m. Friday, October 19, 2001, for the items listed above. Bids are to be addressed to Kerr County Clerk, 700 Main, Kerrville,Texas, 78028, and shall state on the envelope "SEALED BID for Bucket Truck" Bids will be publicly opened and read at 10:00 a.m, Monday, October 22, 2001, in Commissioners Court. NOTE: All bids must be delivered to the Kerr County Clerk's Office at the Courthouse. SPEC[FIACTIONS #0033-O1 09/28/01 Page 2 SPECIFICATIONS I-TON TRUCK EQUIPPED WITH TELESCOPICBUC%ET ITEM Desired Minimum Saecifications Proposed Cost Saecifications 1999 Ford Model 1999 or Newer F350 Cab & 350 Cab & Chassis Chassis Mileage Under 25,000 23, 450 Engine V-10 Gasoline or Diesel V-10 Gasoline Transmission Automatic, PTO Prov Canply Rear End 3.73 Reg Axle or Higher Comply Suspension Package Heavy Duty amply Air Conditioner Standard Canply Heater Engine Block Canply Air Bags Dual N/A Tires (5)LT215 Canply Minors Manual Canply Radio AM/FM Canply Exterior Color White r~t~ Interior Color Gray or Tan Tan Seats Bench Canply Gross Weight 11,000 Canply BUCKET SPECIFICATIONS Versalift Tel-29n Lift Non-Insulated Telescopic Canply Aerial Device 25/29 Extension SPECIFIACTIONS #0033-0 l 09/28/01 Page 3 Platform 24"X24"X42" Side Mounted comply Steel Platform Ground to bottom 28.5' comply Working Height 33.5' ~,,,,,,~~, Horizontal Reach 20.9' Comoly Mount Behind Cab 300 lb. Capacity Comply Gravity Leveled with pin lock C~gly Extension with bumper & Light baz Comply Controls Electric, Upper individual Mount at end of inner boom ,.,,,,,,,,,, With stop/start Control Pedestal mount electric lower Controls including override Comply 12 V DC emergency let-down Comply 110 Volt GFI Receptacle at Platform 15 amp rating r.,,,,,,,,,, Boom Aluminum inner Boom Comply 370° Non Continuous Rotation Comply Safety belt & hazness Campy Rest saddle ratchet and tie-down Strap for chassis mount C~i~ Safety Strobe lights with inside switch Comply Back-up Alarm cOf1I'ly Fire Extinguisher Ccxttply Reflector Kit Comply Tower - 30 days Warranty 1-yeaz Chassis -Balance of factory warranty Delivery Date 60 Days or Sooner FOB 3 year/36, 000 miles Kerr County Road & Bridge 5 - ~ 0 dare n~ TOTAL BID (S ature) $ 35,995.00 10/16/01 (Date) Q~rorarronr Kerr County Road and Bridge 700 Main Street Kerrville, Texas 78028 Attn. Kerr County Clerk Proposal Number 02H-110 Ref. Compass # 929-9314 October 15, 2001 "Used" Versalift model Tel-29N, Non-insulated Telescopic Aerial Device With Side Mounted Platform 28.5' ground to bottom of platform, 33.5' working height, 20.9' horizontal reach. Mounted behind cab. -300 Ib, platform capacity. -24" x 24" x 42" side mounted steel platform with cutout opening. -Upper individual electric controls, mounted at end of inner boom, including stop/start control. -Pedestal mounted electric lower individual controls including override. -Aluminum inner boom. -Gravity leveled platform with pin lock . -370° Non-continuous rotation. -Safety belt and harness. -One operation and service manuals. -Complies with ANSI A92.2-1990. 2. Boom rest saddle ratchet and tie-down strap for chassis mount. 3. 12V DC emergency let-down. 4. 110 Volt GFI Receptacle at platform 15 amp rating, includes weatherproof cover. 5. P.T.O 8 pump for Ford automatic transmission, with hose kit and hydraulic oil. 6. Torsion bar for F350 cab and chassis Reading 108 service body suftable for installation on a chassis with an 60" cab-to axle dimension as follows 108" long, 18" compartment depth, 58" bed area, 96" width, 40" high Compartmentation-Streetside: SERVICE CENTERS Arlington - 1005 Commercial Blvd. South Arlington, TAxas 76001 AC Metro 817/467-1005 FAX 817/472-8380 Houston - 10800 Northwest Freeway Houston, Texas 77092 AC 713/688-7990 FAX 713/688-6430 Albuquerque - 5601 Edith New Mexico 87107 AC 505/344-8411 FAX 505/344-8734 _ M,m,,,, cec-iii t Proposal Number 02H-110 First vertical-30"-two adjustable shelves with dividers Horizontal-54"-open Rear vertical-24'-five fixed hooks Compartmentation-Curbside First vertical-30"-two adjustable shelves with dividers Horizontal-54-open Rear vertical-24-two adjustable shelves with dividers Drop in tailboard Mud flaps Paint body to match cab 13 Platform extension with bumper & light bar 16 Combination pintte/ball hitch complete with crossmember brace and trailer socket. 22 Two amber strobe lights with switch in cab. 23 lighting package. 25 Back-up alarm 26 10 Ib. fire extinguisher with Triangle reflector kit. 28 Redi-Line 1600 watt motor generator complete with two deep-cycle batteries mounted in first vertical curb-side. 31 1999 Ford F-350 cab and chassis 11,000 GVWR Oxford white V-10, Gasoline Engine Automatic transmission P.T.O. provision AM / FM radio Air conditioning Grand Total F.O.B. San Antonio, Texas $35,995.00 NOTES: 1. Mileage 23,305 1. Prices are FOB delivered and exclusive of all applicable taxes. 2. This quotation is good for 30 days. 3. Approximate delivery lead time from receipt of order 5-to 10 days. 4. Subject to prior sale. Sincerely, By ~ UCH •s~iw~~z. Herb Smith Commercial Body Corporation Customer Acceptance ~a~ „z, COMMERCIAL BODY CORPORATION San Antonio, TX Ar~ingfon, TX Houston, TX Albuquerque , NM 1-800-292-1931 !,PLAT~ORN ~AC1TY ,~_ ~~~~ y~,~~, cac nv y ~:, x`~x~ Y '~ ~ ~ 'GENERAL SPECIFICATIONS DIMENSIONAL SPECIflCAT10N 11:1 :!SN 'ftld?.iNF 7p:LDJN IYI:CJNt. Udr lLnmt Fnd Mount Sde MrwN End Mounl hlunmuWi Hrer~h Li It d:ofilmr f%X Pmr°.]ml 3rry xin nJml ^'f tl ]iRpx4rml }l.rght Io bononl o: phtloml Vamlanl Rrhxlal` ntr. ^:n Cnm: '!M1 aemf hn~ m0:m.iatlm] :Nn +~aW.tmi HI1dK''MI111f11 pITIr11llI 'it lrlrr. (VAllr ^.~(1x1f114iml .nl'..41I:IInArri.1 'W h. lYll1JI11: 1'en NcWnl Prdesld : Vr 1! innu]ni.~ Inner tnxxu rxtrnsmn ,:c C:km4 'r: mr''H v,~ 116:wlitvni Ilfi~.n2AK mi May' b~ mrnrawd n nr. or R m. with Wlrr pde4ak Nak"1:rn:04 m. Iranu IariKln with Melum ut pd.W niuunbrl 7 ui ad rvr Iramr ftaad on tb ir, frana M•iRhl'd1h MHhlm afpnlrwtal muuuMd dirert)y to frame na>.~d.:n'fff tLwr h,rKM Alaxirnum rood plalkemi rapuary M1iYI Idu lIWl4~; Vandatd and plattnrm.apaary JIAI Ib+.llSf kg-I 1 ~mrr fxxnn Vauel r'trr,'llr' CONTROL: • f u!1 nmUnl ut plaUuNrn Iwnvklyd by 1'vuh 111 ronbul ayW+n operahug anlnnoid vabr.. • 1oKKk ,witrhn am iy,mrol4d from plalfunn end prlrRal • F:nglnr aan arrd aop:mvn a Vruxad vl. • 1711 Y wirnrF• n.Ihr end ul innrrb:xnn. Vehicle Specifications CHASSIS MOUNTING WITN TORSION BAR: TEL?5 h', NE Minimum Cab to Krar Axle Ilimension 55 in Minimum Frame Src'tion Modulus T:{ in .J Minimum Frarnr krsisting 1#'nding'Nunrem ISd.INAI in. Ibs .Apt+rr:ximati~lurbWrightforStability M10Ulbs. MILE RATINGS a~ xr ++i JliWwum (r'.'Nrk' 1llxMgln IQlwlthe I rAWH'fFRON'I'1 a:Xr, Ia a,IXU ib. (,r4WR'IkLAR1 ~~illibc i;•XI ib5 YAN MOUNTING; • kerummendrd W11rrlhau~ Mininum Frarnr Section Modulus' Minimum Frdme kesisting Rending Mumrnt Appnrximah-Curb Wri¢ht IorStabiliry AXLE RATINGS cox x tr.AV4'k O'kOti1) (~4RR- (REA}tl 1'l5 ua 13H In 93in.3 151,fAN1 in. ~ Ib.. ~,,5(q lbs. HYDRAtIUC JYSTEM: • 1lydraulic ralyd pmwm is :.-M~ psi I l?1 k¢,.u 4 • IlYdraWi. operaling pn:4~um is LMIg1 py 1141 kq/nr2i • 11{x7alinK uJ vulmor ix t Kivu i5 7rpm: • HYdrndi+ pewee options: )'III, Tau lrh driven pump rlgtinr/grreralor:v rL.lrv dm. wnh Ix-ny dun unm•r MECHANICAL SYSTEM; • InrxR Menn.a aluminum • Oulu drum and pedrsW arc aerl mhr and weNlnwm • NaW&w is bl hydrau)e nudes direa'I drive • ILrrrm h raisnl uW rxlendrd 6y hvdrap&.yhnUr'a SAFETY FEATURES: • Holding nhe, prrvenl rrn4. and lx'k rphndrr vl nrrn m tole r~nlum • 4 ,qw~m mlir[vakr iv irugll-0u.lane ,}~atrm hydsulir WrsWrr m 9alr wurkmK l.+•i • l ro.u,m:r mlkf valve Omits rnution wrKtm. • iXdl-IukmK worm Rrar dmr prcvrnls mtalion dnf1. • R ,a(rl}'h" ring anadrrd In Ibr end u(lhc nmrr dwm n prmu'xa OPTtONi: ll:nlu:uousrotaoon Hvdraulk'pladrmnlrvrlnig fill funrlion rmerRemy prw'er ss:rro .tie Imo 1':I ur Plaffuml .0.uannm6'"spud upxr rnnWd 'laflrr Ir draalc for rah Araranrr wa4 m splor plamxm fGrt•riiµ •phrrt Vianunn i iul Ih.e{agp Krmelr nMnnl {nwrr rnatrnl \en mourn pdewai MiriK•' numnt p Aram Rwrrrr mourn plallorm +~Dprammrl mvrr r. ; : , ,: <~ : . , .. ''1 j ; '. TF.'L19N. NE z fill iu. °' L'• 1951NM1 In. lbs. W iilq lb ~- z l^, •~ ~t1111nWIL O p!u l'.n II'~llvi Un ~ yrxn lh,. aiutlfn O a;tX~ln,. ;A:IVe. r^ I'LS pr ti3H in. 59in 3 19alXlll m. Ib, 7 JIMI Ibs Mym=~.~~ yOn¢{yln Nn~+nm+ 4v1 RfDI¢nyp, n,PUlb'. ':,In~Rc 9xnilc. •!hilbs 9:PX~Itn hm lin l.:pnll.~ eNX:IM ,,4~xgn, Uxxgbx bAr•~lbe 3axo16, Pr ~ Il. 3nnal t'um w.dM U.r.labilry ami n~quind LYN'Fand LARk run ry ngniNrenAy wnh cba+•r..aiftar, w+pmmm t:.w.l4a+u-f 4'dtt mwntin¢Irrradm. srnir ddl x~~~ss,m-. ballast lit ngwndl platlmtn rerocm and de,vrd payLrad 6l"r1R i:nar'~rhicklti wghr Naliug 63&4 6rnv, .0.xlrWa¢ht R'rtlnK 1 1(;vld t6' ura.•r ryv:plx.lxith::n nllv¢ral dxlr~VarrnlB!e irauri,, SmUblr 4u6:sIa1'Urnoi al7t'Gr"$h-vlrR ~~ rung N l• • .._ _l.. _L:~ .. _ ... i ~.. 1 .. ~ - w l I W M {..4 1 ~ ~ ~ r? °' , {T- it a ~t- s :. W 1- ~ ,o~~ r ,~:_ o z COMMERCIAL BODY CORPORATION San Antonio, TX Arlington, TX Houston, TX Albuquerque , NM 1-800-292-1931 cac „n TIME MAXUFACTURING COMPANY ~'~i•`'•, I'O 8cx ;m7uv H'ar4'rrxas 7fi70Z Ip5N i ~dl~G.n iNXi .Fax ~kl7t 7; b.~Sat ._ P.O. p01! 1118 • 8~N •NTWNp, TE'BI1S'At91 vlww.mnxnMalelDOC/wrP can KEr2 County Clerk 700 Main I(emille, Incas 78028 SB%Ai,Ea BID f~' 9BCket 41vck FIRST CLASS cl 3 ~ R7r` Br ~,,,,