HomeMy WebLinkAboutAgenda 03-19-24; 8-g - Approval to Purchase One D6Track Type Tractor for Solid Waste 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 19, 2024
Action Agenda
Item No. 8-g
SUBJECT: Approval to Purchase One D6Track Type Tractor for Solid Waste
DEPARTMENT: Solid Waste
ATTACHMENT(S): INFORMATION CONTACT:
Gregory Poole Quote Robert Williams, 919-918-4904
PURPOSE: To approve the purchase of one Caterpillar D6 Track Type Tractor for Solid Waste
to replace the current loader that has exceeded its useful life.
BACKGROUND: Solid Waste operates a permitted Construction and Demolition Landfill. To
optimize the life of the landfill to achieve maximum compaction of materials, the proposed tractor
will be used to move, level, and spread 10,000 tons of construction and demolition materials
annually. The current tractor was originally purchased in 2005. After nineteen years of continuous
use, the equipment functionality has diminished, and repairs have become insurmountable. The
equipment has begun to leak fluids and needs continuous maintenance. Replacing the equipment
is the most effective and efficient option. The track tractor is proposed for acquisition through
State Purchasing Contract 2210A - Construction Equipment, and includes a substantial discount
from retail pricing.
FINANCIAL IMPACT: The purchase price for the Caterpillar D-6 Track Type Tractor is $557,004,
reflecting a State Contract discount and a three-year warranty. The proposed purchase is in line
with the Solid Waste vehicle and equipment replacement schedule, and funds were approved in
the FY 2023-24 Capital Investment Plan.
SOCIAL JUSTICE IMPACT: There are no Orange County Social Justice Goals associated with
this item.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impact is associated with this item:
• ENERGY EFFICIENCY AND WASTE REDUCTION
Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption;
3) increase the use of recycled and renewable resources; and 4) minimize waste stream
impacts on the environment.
RECOMMENDATION(S): The Manager recommends that the Board approve the purchase of
the Caterpillar D6 Track Type Tractor for Solid Waste under the State Purchasing Contract.
Gregory Poole QUOTATION
Equipment Company Gregory:Poo:le:M'
FEDERAL TAXPAYER ID#56-0487311
WWW.GREGORYPOOLE.COM
PLEASE REMIT TO: 919-568-7500
Gregory Poole Equipment Company
Charlotte,
Processing Center, Box 60457
C 28260QUOTATION NUMBER Q285918-6
httDs://areaorvDoole.bilitrust.com QUOTATION DATE 2/27/2024
VALID UNTIL 5/31/2024
BILL TO SHIP TO
Orange County Orange County
Po Box 8181 Landfill Solid Waste
Hillsborough, NC 27278 1514 Eubanks Rd
USA Chapel Hill, NC 27516
USA
INVOICE ACCOUNT ORDER ACCOUNT WAREHOUSE DIVISION PAGE
C000898 C000900 Mebane Heavy Construction Heavy Construction 1 of 4
SALESMAN CUSTOMER CONTACT TERMS
James Scott Thomas Net 30 days
QTY DESCRIPTION UNIT PRICE EXTENDED PRICE
1 New Caterpillar D6 Track Type Tractor with Waste Handling Arrangement, 723,524.00 723,524.00
76"Track Gauge,22"Pads
-1 Omnia Cooperative Contract#212816-Discount 23%off of List Price 723,524.00 -166,410.52
-1 Additional Special GPEC Discount 14,450.00 -14,450.00
1 1 st Year Total Machine Warranty 2,463.00 2,463.00
1 3 Year/5,000 Hour Powertrain+Hydraulics+Technology Warranty, 8,985.00 8,985.00
including 1st Year TTM coverage
1 3 Year Product Link Subscription 2,893.00 2,893.00
Predelivery Inspection
Delivery
EQUIPMENT CONSIST:
1 4645707 D6 TRACTOR CFG1
1 OP9003 LANE 3 ORDER
1 6246407 CONFIG ARR 20B,LUC
1 4645589 WASTE HANDLING ARR,PUSHARM
1 4645181 FINAL DRIVE,76"(1930 MM),GRD
1 4645202 ENGINE,LUC,THERMAL SHIELD
1 4604590 OIL DRAIN,BASIC
1 5782385 UNDERCARRIAGE,HDXL,WASTE
1 6163001 TRACK,22"ES HDXL,CTWS
1 4607149 FAN,REVERSING, PUSHARM
1 4645463 HYDRAULICS, PUSHARM
1 4645459 CONTROL, RIPPER
1 5716178 LIGHTS,12,LED,PREMIUM PUSHARM
CONTINUED
❑ By checking this box the Assignment Clause noted below applies.Make check payable to Gregory Poole Exchange LLC
❑ By checking this box the Assignment Clause noted below does not apply.
Assignment Clause: Notice is hereby given that Gregory Poole Leasing LLC has assigned its rights under this Purchaser's order to
Gregory Poole Exchange LLC to sell the rental equipment described herein and,if applicable,to purchase trade-in property described herein.
Purchaser warrants that any Trade-In Equipment is free and clear of all liens and encumbrances,except as described above,and that he/they are the sole
owners.Purchaser has read the terms and conditions on the reverse of this document and acknowledge that this purchase from the seller is subject to the
same terms and conditions.
(Sales Representative) (Purchaser)
GPECO04-20150323
Gregory Poole QUOTATION
Equipment Company Gregory Poole
FEDERAL TAXPAYER ID#56-0487311
M'
WWW.GREGORYPOOLE.COM
PLEASE REMIT TO: 919-568-7500
Gregory Poole Equipment Company
Charlotte,
Processing Center, Box 60457
C 28260QUOTATION NUMBER Q285918-6
httDs://areaorvDoole.bilitrust.com QUOTATION DATE 2/27/2024
VALID UNTIL 5/31/2024
BILL TO SHIP TO
Orange County Orange County
Po Box 8181 Landfill Solid Waste
Hillsborough, NC 27278 1514 Eubanks Rd
USA Chapel Hill, NC 27516
USA
INVOICE ACCOUNT ORDER ACCOUNT WAREHOUSE DIVISION PAGE
C000898 C000900 Mebane Heavy Construction Heavy Construction 2 of 4
SALESMAN CUSTOMER CONTACT TERMS
James Scott Thomas Net 30 days
QTY DESCRIPTION UNIT PRICE EXTENDED PRICE
1 5609088 SEAT, HEATED&VENTILATED
1 5778623 REAR CAMERA
1 5795779 PREMIUM CORP RADIO(12V)
1 5877162 ARO W/ASSIST
1 4355758 JOYSTICK,ARO/GRADE, PA
1 5947762 DOZER CTL,ARO/GRADE,PA
1 5777697 PROD LINK,PLE643/PLE743 RADIO
1 5227680 FUEL TANK, BASIC
1 4717279 GUARD, BTM,SEALED,HD,PUSHARM
1 4710416 ENCLOSURE, ENGINE,PUSHARM
1 5136215 STRIKER BOX
1 4645283 FLUIDS,STD OIL,-35F
1 5555500 REGIONAL PACKAGE,USA
1 5777228 LIGHT, REAR WORK
1 6117487 CTWS&MSS RECEIVER,BLE
1 5227670 GUARD, FUEL TANK
1 5335463 GUARD, LIGHTS, PREMIUM, PA
1 6025947 STRIKER BARS, FRONT
1 6241117 6SU BULLDOZER,GUARDED
1 5624899 6SU XL PUSHARM
1 5663144 CYLINDER LINES, PUSHARM
1 4727305 BLADE,6SU,WASTE
1 OP8025 PACK,DOMESTIC TRUCK, MTTT
1 5893552 RADIO,CB(READY)
Quoted Sales Price
557,004.48
*Excludes applicable Fees
GPECO04-20150323
Page 3 of 4
GENERAL TERMS AND CONDITIONS 4
FROM GREGORY POOLE EQUIPMENT COMPANY
1.CONTRACT.Unless otherwise stated,all sales transactions are expressly subject to these Terms and Conditions.Credit sales likewise are
subject to credit approval and the standard credit agreement terms of Gregory Poole Equipment Company which are incorporated herein by
reference as if fully set forth herein and can be found at www.gregorypoole.com.All Terms and Conditions set forth herein are deemed
acknowledged and accepted by Buyer upon Buyer's written or verbal order.No understanding,promise or representation,and no waiver,
alteration or modification of any of the provisions hereof shall be binding upon Gregory Poole Equipment Company('Company')unless
assented to expressly in writing by an authorized representative of Company.Buyer shall not rely on any statement or representation of any
party(including,without limitation,any Company sales representative)that alters,adds to or differs from these Terms and Conditions,and
no such statement or representation shall be recognized by or be binding upon Company.Any and all provisions of Buyer's Purchase Order
or other documents that add to or differ from these Terms and Conditions are EXPRESSLY rejected. No waiver of these Terms and
Conditions or acceptance of others shall be construed from any failure of Company to raise objection.Customer agrees to be bound by
electronic communications relating to transactions with Gregory Poole Equipment Company.
2.QUOTATIONS AND PUBLISHED PRICES.Quotations automaticallly expire forty-five(45)calendar days from the date issued unless
otherwise stated in the Quotation and are subject to withdrawal by notice within that period.Company reserves the right unilaterally to extend
such Quotation up to six(6)months from the date of issuance.Prices shown on the published price list and other published literature issued
by the Company are not unconditional offers to sell,and are subject to change without notice.Company's price for equipment,unless
otherwise specified,does not include an allowance for installation and/or final on-site adjustment.Prices shall be subect to adjustment to
those in effect at time of shipment.
3.TAXES AND INSURANCE.Company's prices do not include any applicable sale,use,excise or similar taxes;and the amount of any such
tax which Company may be required to pay or collect will be added to each invoice unless Buyer has furnished Company with a valid tax
exemption certificate acceptable to the taxing authorities.Where a Buyer fails to furnish the required documentation,the previously unpaid
sales,use,excise or similar tax will be billed to the Buyer.If upon subsequent sales,use,excise or similar tax audit,an exemption certificate
provided to Company by Buyer is,through no fault of Company,determined to be invalid,Company will attempt to acquire a valid exemption
certificate,notarized affidavit of exempt use,or other necesssary documentation from Buyer. If Buyer fails timely to furnish a valid exemption
certificate,notarized affidavit,or other necessary documentation,the previously unpaid sales,use,excise or similar tax will be billed to
Buyer. Buyer,at its sole cost and expense,shall keep any and all equipment delivered hereunder insured to the extent of its full insurable
value with a standard all-risk Inland Marine Insurance Policy covering physical damage to the equipment,with any loss payable to Company.
Insurance coverage shall commence on or before the time at which title to such equipment passes to Buyer.Buyer shall be responsible for
obtaining at its sole cost and expense any other insurance coverage that may be necessary or appropriate.
4.TERMS.Except as otherwise provided herein,TERMS ARE CASH, NET THIRTY(30)DAYS,from date of invoice.Amounts past due are
subject to a service charge of 1.5%per month(or fraction thereof),or maximum contract rate permitted by law,which rate shall also apply
after judgment pursuant to N.C.G.S.24-5,and any payments will be applied first to service charges due.If Company deems that,by reason
of the financial condition of the Buyer or otherwise,the continuance of production or shipment on the terms specified herein are not justified,
Company may require full or partial payment in advance.The terms provided herein supersede any customer or trade practice regarding
service charges,time of payment or any other term of payment.
5.DELIVERY.Delivery dates indicated in the contract documents are approximate and are based on prompt receipt of all necessary
information regarding the equipment covered by the contract.Company will use reasonable efforts to meet the indicated delivery dates,but
cannot be held responsibe for its failure to do so.Company shall not be liable for delays in delivery or in performance or failure to
manufacture or deliver,due to:causes beyond its reasonable control;acts of God,acts of Buyer,acts of civil or military authority,priorities,
fires,strikes or other labor disturbances,floods,epidemics,war,riot,or delays in transportation;or inability on account of causes beyond its
reasonable control to obtain the necessary labor,materials,components or manufacturing facilities.In the event of any delay caused by
Buyer,Company will store and handle all items ordered at Buyer's risk and will invoice Buyer for the unpaid portion of the contract price,plus
storage,insurance and handling charges,on or after the date on which the equipment is ready for delivery,payable in full within thirty(30)
days from invoice date.Title to the equipment and risk of loss shall pass to Buyer upon delivery to a carrier.
6.DELIVERY AND HANDLING CHARGES. Unless otherwise specified,shipments are F.O.B.Company's premises.Delivery and handling
charges will be prepaid and billed as a separate item on the equipment invoice on the basis of Company's current freight policies.Buyer may
also specify and use a designated freight carrier. In the absence of such specification,goods will be shipped by the method and via the
carrier chosen by Company.
7.SHIPPING AND PACKING.All material shall be carefully packed for shipment and Company will not be responsible for loss,delay or
breakage after having received'in good order'receipts from the carrier.All claims for breakage,loss,delay and damage should be made to
the carrier.Shipping weights and dimensions given in Company's materials are as close to actual as practicable,but are not guaranteed.No
claims will be allowed because of any discrepancy between actual weight or dimensions shipped and listed data.
8.SUBSTITUTIONS.Unless specifically restricted on a purchase order,Company reserves the right to substitute the latest superseding
design and manufactured equivalent product where the interchangeability of the product is based on form,fit,and function,in place of the
product offered.
9.CHANGES.Buyer may with the express written consent of Company make changes in the specifications for equipment or work covered by
the contract.In such event,the contract price and delivery dates shall be equitably adjusted.The Company shall be entitled to payment for
reasonable profit plus costs and expenses incurred by it for work and materials rendered unnecessary as a result of such changes,and for
work and materials required to effect said changes.
10.NONCONFORMITY.All equipment sold by Company is to be inspected before shipment,and should any of such equipment prove
defective due to faults in manufacture,or fail to meet the written specifications accepted by Company,Buyer shall not return the goods,but
shall notify Company immediately,stating full particulars in support of its claim,and Company will either replace the goods upon return of the
defective or unsatisfactory material or shall adjust the matter fairly and promptly,but under no circumstances shall Company be liable for
consequential or other damages,losses or expenses in connection with or by reason of the use of or inability to use materials purchased for
any purpose.
11.CANCELLATION. Undelivered parts of any order may be canceled by the Buyer only with the written approval of Company. If Buyer
makes an assignment for the benefit of creditors or in the event that the Company for any reason feels insecure about Buyer's willingness or
ability to perform,then Company shall have the unconditional right to cancel this transaction. In the event of any cancellation of this order by
Buyer, Buyer shall pay to Company the reasonable costs and expenses(including engineering expenses and all commitments to suppliers
and subcontractors)incurred by Company prior to receipt of notice of such cancellation,plus Company's usual rate of profit for similar work.
In the event Company agrees to accept equipment for restocking,a minimum charge of twenty-five percent(25%),based on the sales price
to Buyer of said equipment,will apply.
12.SECURITY INTEREST.Buyer agrees to pay for the equipment according to the Company's payment terms and does hereby grant to the
Company a purchase money security interest in the equipment until such time as it is fully paid.Buyer hereby appoints Company as its
Attorney-in-Fact and authorizes Company,at Buyer's expense,to take such action as may be necessary to perfect and protect Company's
security interest,including the filing and/or recording of Uniform Commercial Code Financing Statements,and grants Company the right to
execute Buyer's name thereto. In the event of a default by Buyer,Company shall be entitled to any of the rights and remedies provided by
law.Buyer hereby authorizes Company,at Buyer's expense,to file or record any statement,memorandum or other instrument showing the
Page 4 of 4
GENERAL TERMS AND CONDITIONS 5
FROM GREGORY POOLE EQUIPMENT COMPANY
interest of Company in the equipment,including Uniform Commercial Code Financing Statement,and grant Company the right to execute
Buyer's name thereto.Buyer agrees to pay or reimburse Company for any searches,filings,recording or stamp fees or taxes arising from the
filing or recording of any such instrument or statement.Buyer shall,at its expense, protect and defend Company's title against all persons
claiming against or through Buyer,at all times keeping the equipment free from any legal process or encumbrance whatsoever,including,but
not limited to liens,attachments,levies and executions,and shall give Company immediate written notice thereof and shall indemnify
Company from any loss caused thereby.
13. DEFAULT.Default shall be a breach of these Terms and Conditions by Buyer. Upon default,Company may recover from Buyer
Company's reasonable attorneys'fees and court costs incurred in connection with pursuing its legal and equitable rights and remedies,
including but not limited to repossession and collection of past due amounts.
14. BUYER ACCEPTANCE.Any apparatus delivered hereunder shall be deemed to be fully accepted by Buyer unless Company receives
written notice of rejection of any such apparatus within ten(10)days after the date of delivery to Buyer.
15.WARRANTIES.COMPANY MAKES NO REPRESENTATION,GUARANTY OR WARRANTY, EXPRESS OR IMPLIED,WITH RESPECT
TO QUALITY, MERCHANTABILITY,AND/OR FITNESS FOR A PARTICULAR PURPOSE,THAT EXTEND BEYOND THE DESCRIPTION
OF EQUIPMENT,UNLESS REDUCED TO WRITING AND MADE A PART OF THIS CONTRACT. IN ADDITION,ALL EQUIPMENT SHALL
BE WARRANTED SOLELY BY THE MANUFACTURER OF SAID EQUIPMENT PURSUANT TO THE TERMS OF THAT
MANUFACTURER'S SUPPLIED WARRANTY.
16. DISCLAIMER OF DAMAGES AND LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY TYPE OF
SPECIAL,CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES,WHETHER SUCH DAMAGES ARISE OUT OF OR ARE A RESULT
OF BREACH OF CONTRACT,WARRANTY,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY OR OTHERWISE, EXCEPT
DAMAGES ARISING OUT OF OR RESULTING FROM COMPANY'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT.Such damages
shall include but not be limited to loss of profits or revenues, loss of use of the equipment or associated equipment,cost of substitute
equipment,facilities,down-time costs,increased construction costs or claims of Buyer's customers or contractors for such damages. Buyer
agrees that in the event of a transfer,assignment or lease of the equipment sold hereunder, Buyer shall secure for Company the protection
afforded to it in the paragraph set forth immediately below.
17.COMPANY LIABILITY.Company shall not be liable for any loss,claim,expense or damage caused by,contributed to,or arising out of
the acts or omissions of Buyer or third parties(including carriers),whether for negligence or otherwise. In no event shall Company's liability
for any cause of action whatsoever exceed the cost of the item giving rise to the claim,whether based in contract,warranty,indemnity or tort
(including negligence). Buyer agrees to defend and hold Company harmless from any claim or suit arising hereunder.
18. REGULATORY LAWS AND/OR STANDARDS.Company takes reasonable steps to keep its products in conformity with various
nationally recognized standards and such regulations which may affect its products;however,Company recognizes that its product are
utilized in many regulated applications and that from time to time standards and regulations are in conflict with each other.Company makes
no promise or representation that its product will conform to any federal,state or local laws,ordinances, regulations,codes or standards,
except as particularly specified and agreed upon for compliance in writing as a part of the contract between Buyer and Company.Company
prices do not include the cost of any related inspections or permits or inspection fees.
19. NUCLEAR.Purchaser represents and warrants that the equipment covered by this contract shall not be used in or in connection with a
nuclear facility or application.
20. NO RESPONSIBILTY FOR GRATUITOUS INFORMATION OR ASSISTANCE. If Company provides Buyer with assistance or advice
which concerns any parts,products,or services supplied hereunder or any system or equipment in which any such part,product or service
may be installed and which advice is not required pursuant hereto,the furnishing of such assistance or advise shall not subject Company to
any liability whether based in contract,warranty,tort(including negligence)or otherwise.
21. NONDISCLOSURE.The terms of this Transaction are confidential,and the terms of any Quotation provided by Company,are confidential
and none of the details connected herewith may be disclosed by Buyer to any third party without Company's prior written consent.
22. NONASSIGNMENT.This Quotation and Agreement may not be assigned by Buyer,in whole or in part,without Company's prior written
consent.
23. ENTIRE AGREEMENT AND AMENDMENT.This Transaction/Quotation constitutes the entire agreement between Company and Buyer
with respect to the transactions hereunder and no representation,promise or condition not set forth herein has been relied upon by Buyer or
shall be binding upon either party hereto.
24.VENUE. Buyer agrees that any legal action arising out of or resulting from this Agreement shall be filed and maintained in the Civil District
or Superior Court for the County of Wake,North Carolina.
25. INTERPRETATION.Should any term or provision contained in the contract contravene or be invalid under applicable law,the contract
shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared therein.
THIS CONTRACT/AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH
CAROLINA.
(V092014)
PLEASE REVIEW YOUR SPECIFICATIONS TO BE SURE THAT ANY APPARATUS DESCRIBED IN OUR QUOTE OR INVOICE MEETS
YOUR REQUIREMENTS.Quotations cover items listed and do not constitute a specific job proposal or equipment furnished loose for
installation by others unless specifically listed as installed.Start-Up,Testing,&Training is to be performed during normal business hours
unless specifically indicated otherwise. Relay and/or System Coordination Study is not included unless specifically noted.Telephone
and verbal orders are to be confirmed in writing.We reserve the right to correct stenographic or clerical errors.Gregory Poole Equipment
Company is not reponsible for occurrences beyond our immediate control.Any quotation is made subject to Gregory Poole Equipment
Company's Standard Terms and Conditions.Quotations are valid for Forty-filve(45)days from date of issue unless otherwise stated in the
Quotation.
ACCEPTANCE BY GREGORY POOLE EQUIPMENT COMPANY
(SEAL) DATE DATE