HomeMy WebLinkAbout29-Public Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCQ ~U'JA L
From: Ken Fischer, Director
Subject: A Resolution authorizing the
execution of an agreement and
issuance of a purchase order in the
amount of $73,926.84 to Yale/Chase
Equipment of Fontana pursuant to
Section 3.04.010-B3 of the Municipal
Code for a JCB 3CX14 4WD Backhoe/
Loader to be utilized by the Public
Services Department Street Division
Sewer Maintenance crew.
Dept: Public Services
Date: May 8, 2009
Meeting Date: June 15, 2009
Synopsis of Previous Council Action
Reso 2008-445 December 1, 2008 Approved purchase of Backhoe / Loader from
Cook Equipment.
Recommended Motion:
Motion #1: Adopt Resolution
Motion #2: Authorize the Director of Finance to amend the FY2008/2009 Budget by
transferring $73,300.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to
Account No. 132-431-5701 (Motor Vehicles).
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Signat~
Contact person: Don Johnson, Fleet Manager
Phone:
5220
Supporting data attached: Staff report,
Specifications, Quotes, Resolution, Agreement.
Ward:
All
FUNDING REQUIREMENTS:
Amount:
$73,926.84
Source:
Sewer Fund
132-431-5701
(Motor Vehicles)
Council Notes:
di) 2007'-/.5"6
Finance:
Agenda Item No. ,J1
(P -15"-tJCf
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A Resolution authorizing the execution of an agreement and issuance of a purchase
order in the amount of $73,926.84 to Yale/Chase Equipment of Fontana pursuant to
Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD Backhoe/Loader to
be utilized by the Public Services Department Street Division Sewer Maintenance crew.
Background:
The Public Services Department Sewer crew utilizes unit #453, a 1992 JCB 214
Backhoe, for maintenance of sewer lines throughout the City. The cost to maintain this
16-year-old unit has increased with age and use, and some repair parts are no longer
available, or are non-stock items and must be special ordered therefore increasing
downtime. This unit is included in the FY 2008/2009 approved Sewer Line Maintenance
Budget Account No. 132-431-5704 (Miscellaneous Equipment).
On December 1, 2008 the Mayor and Common Council approved Resolution #2008-445
for the purchase of a JCB 3CX14 4WD Backhoe/Loader from Cook Equipment of
Riverside, the JCB dealer at the time. In January 2009 Cook Equipment informed the
City by letter (see Exhibit 1) that they would not be able to sell a JCB product to the
City, as they are no longer a JCB dealer and voided the Vendor Service Agreement and
Purchase Order. Fleet staff contacted JCB Corporate to locate a new dealer and was
informed that a dealer was being set up in Fontana and we would be contacted when
the process was completed.
Staff tried to purchase this locally but there are no local vendors that sell this type of
equipment. Since Fleet staff requested quotes instead of bids from the four dealers in
the area able to meet the specifications of the sewer crew, Section 3.04.010-B3 of the
Municipal Code is requested to make this purchase. Four quotes were received as
follows, see Exhibit 2:
Vendor
Yale/Chase Equipment
Terex Utilities
Johnson Machinery
ROO Equipment
Location
Fontana
Ontario
Riverside
Riverside
Quote
$73,926.84
$74,764.08
$77,562.36
$102,462.84
The total cost includes one (1) new JCB 3CX14 4WD Backhoe/Loader complete with
enclosed cab with air conditioning, extra-dig extendable dipper, 6 in 1 loader bucket,
fork lift kit, two year full machine warranty, and AQMD approved tier 3 engine, including
sales tax. This vehicle is on the Cal/EPA - Air Resources Board 2008 California
Certified Vehicles list.
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Staff Report
Continued
Financial Impact:
Funds for this purchase are available in FY 08-09 Account No. 132-431-5704
(Miscellaneous Equipment). However, in order to properly classify this purchase, the
funds need to be transferred to Account No. 132-431-5701 (Motor Vehicles).
Recommendation:
Motion #1: Adopt Resolution
Motion #2: Authorize the Director of Finance to amend the FY2008/2009 Budget by
transferring $74,000.00 from Account No. 132-431-5704 (Miscellaneous Equipment), to
Account No. 132-431-5701 (Motor Vehicles).
2
CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
INTER-OFFICE MEMORANDUM
TO:
FROM:
Lori Sassoon, Acting City Manager I~ /
Don Johnson, Public Services Fleet DivisionDWO
May 20, 2009
DATE:
SUBJECT: Purchase Pursuant to Section 3.04.01 (B) (3)
COPIES:
Ken Fischer, Director of Public Services; Agenda Item
This purchase was originally approved by The Mayor and Common Council on
12/1/08 after extensive demonstrations and testing were completed by the Street
Division sewer crew. All of the Construction Equipment dealers in the area were
involved. Four that met the crew's specifications were asked to quote and are as
follows: ROO Equipment, Johnson Machinery, Terex Utilities and Cook
Equipment.
Cook Equipment offered the best machine for the lowest cost to the City and was
approved on 12/1/08. On January 16th the City was notified that Cook Equipment
could not sell us the unit and the purchase order was voided. A new JCB dealer
(Yale/Chase) was set up in Fontana in April and as this was a re-quote for the
same machine as previously approved the formal bid process was not used.
The time needed for a formal bid would have taken us into next fiscal year, this
purchase was budgeted this year and this machine is in desperate need of
replacement.
Don W. Johnson
Fleet Services Division Manager
Approved By :
Lori Sassoon
Acting City Manager
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RESOLUTION NO. L {J I Q) V
A RESOLUTION AUTHORIZING THE EXECUTION &? MYREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Yale/Chase Equipment of Fontana for the purchase of one JCB
3CX14 4WD Backhoe/Loader to be utilized by the Public Services Department Street
Division Sewer Maintenance crew, a copy of which is attached hereto, marked Exhibit
"A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 3. That Yale/Chase Equipment has offered a purchase price of
$73,926.84 for the purchase of one (1) JCB 3CX14 4WD Backhoe/Loader. Pursuant
to this determination the Finance Director is hereby authorized to issue a purchase
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order to Yale/Chase Equipment of Fontana, in the amount of $73,926.84, which will
22 facilitate the procurement of the JCB 3CX14 4WD Backhoe/Loader.
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SECTION 4. The Purchase Order shall reference this Resolution number and
shall read, "Purchase of one (1) JCB 3CX14 4WD Backhoe/Loader, P.O. not to
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exceed $73,926.84" and shall incorporate the terms and conditions of the Agreement.
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-1-
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A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
SECTION 5. The authorization to execute the above referenced Purchase
Order and agreement is rescinded if not issued within sixty (60) days of the passage of
6 this Resolution.
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- 2.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
1 AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $73,926.84 TO
2 YALE/CHASE EQUIPMENT OF FONTANA PURSUANT TO SECTION 3.04.010-B3
OF THE MUNICIPAL CODE FOR A JCB 3CX14 4WD BACKHOE/LOADER TO BE
3 UTILIZED BY THE PUBLIC SERVICES DEPARTMENT STREET DIVISION SEWER
MAINTENANCE CREW.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
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, 2009, by the.
day of
meeting thereof, held on the
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following vote, to wit:
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NAYS
ABSTAIN ABSENT
AYES
Council Members:
11 ESTRADA
12 BAXTER
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BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
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Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2009.
day of
24 Approved as to form:
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Patrick J. Morris, Mayor
City of San Bernardino
es F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 15th day of June 2009, by and
between Yale/Chase Equipment Inc. ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of one (1) JCB 3CX14 4WD Backhoe /
Loader; and
WHEREAS, the City of San Bernardino has determined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its proposal dated
May 1,2009, attached hereto, marked Attachment "1" and incorporated herein by this reference
as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $73,926.84 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be for a period of one (1) year.
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
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4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omiSSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
. respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure. at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "0" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Yale/Chase Equipment
8089 Cherry Ave.
Fontana, CA 92336
Telephone: (909) 428-3400
Contact: Steve Clark
ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11.
ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provIsions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
YALE/CHASE EQUIPMENT INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
VENDOR
By:
Its:
Dated
,2009
CITY OF SAN BERNARDINO
By:
Charles E. McNeely, City Manager
Approved as to Form:
Exhibit "A"
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'ATERIALS HANIJLlNG INC
L. _ _ AnaeJes County
2615 Pellissier Place
City of Industry, CA 91749
Phone (562)463-8000
FAX (562) 463-8093
Inland Empire
14531 Fontlee Lane
Fontana, CA 92335
Phone (909) 428-3400
FAX (909) 428-9620
San Dieao County
2870 Executive Ave.
Escondida, CA 92029
Phone (760) 480-5656
FAX (760) 480-4333
Oranae County
15591 Computer Lane
Huntington Beach CA 92705
Phone (714) 901-6290
FAX (714) 901-6291
Hawaii
dba Hawaiian lift Truck, Inc.
F?4 Kahai Street
lulu, HI 96819
,e (808) 847-0624
FAX (808) 841-3706
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ATTACHMENT "1"
City of San Bernardino
182 South Sierra Way
San Bernardino, CA 92408
909-384-5220
909-384-5013 Fax
This is a proposal to furnish as follows:
05/01/2009
Attn: Don Johnson
1 New JCB Backhoe Loader Mode13CX-14 4WD-2WS Equipped as follows:
*92Hp Turbocharged Tier III Diesel Engine
*Synchroshuttle Transmission
*14-17.5 Front Tires, 19.5L-24 Rear R4 10 Ply Industrial
*2201b Counterweight (Req'd for Extradig)
*Cab-Deluxe, Dual Entry ROPS/FOPS (Requires cloth seat)
*Clotb Suspension Seat
*Operator Manual Pack-English
*SAE Backhoe Controls (2 Lever JCB "backhoe" pattern)
*Extradig Extending Dipper-14'7"-18'6" Dig Depth
*Backhoe Bucket Link with Lift Hook (Not compatible with Quickhitch EQH)
*Stabilizer pads- Flipover-Type (reversible Street/Dirt, Centermount Only)
* Air Conditioning for Cab-40,000 BTU
*6 in 1 Loader Bucket, 1.3 Cubic Yard, 92" Wide with Forks (Pin-On)
*Loader Arm Pipework
*Bolt on Cutting Edge for Loader Bucket
*Backhoe Bucket-12" Heavy Duty, 2.8 Cubic Feet
* AM/FM CD Radio
*2 Year 2000 Hour Full Machine Warranty (Per JCB Warranty Guidelines)
Price as configured:
Sales Tax 9.00%
Total
Optional Warranty/Add-On's: 5YRl5000hr Full Machine
5YRl5000hr Powertrain
Upgrade to Loader Q-Fit with Q-Fit 6 in 1 Bucket w/Forks
Accepted
Date
Thanks again,
Steve Clark
Yale/Chase Equipment and Services-Construction Division
Cell# 562-639-3195
Quotation valid for 60 days from date above
67822.79
6104.05
03926.80
4919.86
2183.87
4874.56 + Tax
Cerrito8 Store: Phone: (562) 926.2342 Fax: (562) 926.4746
FullertoD Store: Phone: (714) 563.8363 Fax: (714) 563.8355
Riverside Branch: Phone: (951) 782.0303 Fa:t: (951) 782.8233
Cook Rental Company: Phone: (1t4) 563.8363 Fax: (J14) 563.8355
www.CookEquipment.com
Corporate Office: 1451 S. Manhattan Ave., Fullerton A 92831
16 January 2009
Lisa D. Lewis
Executive Assistant to the Director
Public Services Department
North "D" Street
San Bernardino, CA 92418-0001
Re: Vendor Service Agreement
/
Dear Ms. Lewis:
We wish to thank the City of San Bernardin for this opportunity to supply the City with a new JCB
3CX backhoe; however we will not be abl to sell that unit as requested at this time. Therefore this
letter will serve as official notice of dedi ation by Cook Equipment and will allow the purchase
order to lapse being null and void after riday, January 30, 2009 as stated in your December 17,
2008 letter.
I wish to apologize for any incgllY 'ence. thUti>cause~~Jty of ~an J3efll.fdino.. The City of San
Bernardino has been a long . d ~ll' ~i,Eq'"~~'.-""rarues for many years,
and it is in regard for that long d enduring relationship that we must now "decline the opportunity
to sell a J CB product to the )lity.
If you have any questio~lease feel free to contact me directly at 714 5638363 ex!. 234, and again
please accept my apologies for this inconvenience.
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'ATERIALS HANDLING INC ·
~JS Anaeles County
2615 Pellissier Place
City of Industry, CA 91749
Phone (562) 463-8000
FAX (562) 463-8093
Inland EmD;re
14531 Fontlee Lane
Fontana, CA 92335
Phone (909) 428-3400
FAX (909) 428-9620
San Dieao County
2870 Executive Ave.
Escondido, CA 92029
Phone (760) 480-5656
FAX (760) 480-4333
Oranae County
15591 Computer Lane
Huntington Beach CA 92705
Phone (714) 901-6290
FAX (714) 901-6291
Hawaii
dba Hawaiian Lift Truck, Inc.
1724 Kahai Street
olulu, HI 96819
,ne (808) 847-0624
FAX (808) 841-3706
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Attachment "2"
05/01/2009
City of San Bernardino
182 South Sierra Way
San Bernardino, CA 92408
909-384-5220
909-384-5013 Fax
Attn: m;~ Johnson
This is a proposal to furnish as follows:
1 New JCB Backhoe Loader Mode13CX-14 4WD-2WS Equipped as follows:
*92Hp Turbocharged Tier III Diesel Engine
*SynchroshuttIe Transmission
*14-17.5 Front Tires, 19.5L-24 Rear R4 10 Ply Industrial
*2201b Counterweight (Req'd for Extradig)
*Cab-Deluxe, Dual Entry ROPS/FOPS (Requires cloth seat)
*Cloth Suspension Seat /
*Operator Manual Pack-English ;.;,..
*SAE Backhoe Controls (2 Leve JCB "backhoe" pattern)
*Extradig Extending Dipper-l 7"-18'6" Dig Depth
*Backhoe Bucket Link with 1ft Hook (Not compatible with Quickhitch EQH)
*Stabilizer pads- Flipover- ype (reversible Street/Dirt, Centermount Only)
* Air Conditioning for Ca -40,000 BTU
*6 in 1 Loader Bucket, .3 Cubic Yard, 92" Wide with Forks (Pin-On)
*Loader Arm Pipewo
*Bolt on Cutting Ed for Loader Bucket
*Backhoe Bucket-l " Heavy Duty, 2.8 Cubic Feet
* AM/FM CD Ra 0
*2 Year 2000 H r Full Machine Warranty (Per JCB Warranty Guidelines)
Price as configured:
Sales Tax 9.00%
67822.79
6104.05
03926.80
Total
arranty/Add-On's: 5YRl5000hr Full Machine
SYRl5000hr Powertrain
e to Loader Q-Fit with Q-Fit 6 in 1 Bucket w/Forks
4919.86
2183.87
4874.56 + Tax
Date
Thanks again,
Steve Clark
Yale/Chase Equipment and Services-Construction Division
Cell# 562-639-3195
Quotation valid for 60 days from date above