LATOYA GRAVES FILED IN MY-OFFIGE THIS DEC 0 ¥ 201 STATE OF NEW MEXICO ictemt COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT CLERK DISTRICT COURT Cae D2.CV-2010 ey CITY OF ALBUQUERQUE, eV 201808955 Plait, SDvloxs 5) issuep BYD MOTORS, INC, Defendant. COMPLAINT FOR BREACH OF WARRANTIES, REACH OF. \CT, FRAI \TION, NEGLIGENT |ON, AND VIOLATION OF ‘UNFAIR PRACTICES ACT a ‘The Plaintiff, City of Albuquerque (“City”), by and through it attomey, Sanchez, Mowrer & Desiderio, P.C, and the City Attomey for the City of Albuquerque, files this, ‘Complaint for Breach of Warranties, Breach of Contract, Fraudulent Misrepresentation, [Negligent Misrepresentation, and Violation of Unfair Practices Act against Defendant BYD ‘Motors, Ine. (*BYD"). 1. The City is an incorporated municipality within the County of Bemalilo, New Mexico, 2 Upon information and belief, BYD is a Wyoming corporation, whose principal place of business is in California. 3. BYD transacted busines in New Mexico, 4, ‘This Court has jurisdiction over BYD, to which BYD has consented. 5. ‘The Court has jurisdiction over the partes. 6. Venue is proper inthis Court. gor loa 8Geooral Allegations 7. ‘The City and BYD entered in a contract on January 26, 2017, attached as Exhibit 8. Thecontrct incorporated a Request for Proposal, Solution Number P2016000031, for 60-foot $-Door Bus Rapid Transit ("BRT™) Buses (‘RFP"), attached as Exhibit 3: BYD's Proposal inresponseio ke RP (‘Propose’), Exhibit; end BYD's Best and Final Offer, Exhibit D(colestively, the “Contact” 9. ‘Under the Contract, BYD agreed to provide the City eighteen (18) 60-foot $-door BRT buses forthe Albuquerque Rapid Transit (“ART bus project, ncuding manuals, taining cern other features and delivery charges for ttl price of $72,921,136 56, 10, BYD promised to deliver the buses beginning the week of June 26,2017, with all theses tobe delivered no ltr than the week of October 22017. 11, BYD represented and warranted thatthe buts would conform othe specifications snd warranties stated in he RFP and Proposal 12, BYD represented and waraned tha the buses would be sa and fee of comosion snd dees 13, BYD represented and warranted thatthe bates woud meet or exceed the route ‘mode, ncn speed elovtion and pl so spot inthe RFP 14, BYD represented and warranted tht the buses could be driven for 27S miles on & ery charge 15, BYD remrescated and warranted that the buses would be Altoone-ested, recognizing that passing the Altoona testi a Federal Transportation Administration requirement. 16, _BYD represented and warranted that it would provide the City with the results of ‘the Altoona testing prior io delivery of any buses. 217. BYD represented and warranted that it would provide the City with cerifletions ‘that the buses met federal standards, the RFP specifications and the RFP and Proposal warranties, including a signed crash-worthy cetfcate, for each and every bus delivered tothe City. 18, BYD delivered fitesn (15) buses tothe City. 19. There were substantial delays with respect tothe delivery of those buses all the buses were not delivered to the City by the week of October 2, 2017. 20. Upon inspection, the City discovered that the buses, individually and collectively asa fleet, were not fie of defects, including, but not Limited to, cracks in their frames and bodies; ‘elds as to frames that were improper or incomplete; frames were rusting; clamps, witing and ‘hoses were improperly installed; wires and cables were exposed. 21. Upon inspection, the City discovered thatthe buses were not safe, including, but ‘ot limited to, the brakes not functioning properly; the reer doors opening while the buses were in ‘motion; the placement of thee oor was such ht pssengers would not be able to eit the buses inan emergency; the btteries cou each on re wih ite posibity of puting out the fir; the high voltage wiring wes exposed and not propel highligh security for wheelchairs dd not propely secure wheelchairs andthe bridge plates dd not funtion property 22, As ares of thse safety issues, the City determined that ifthe Cty paced the buses in operation it would expose rivers and passengers to serous risks of injuries, including faites, 23. Upon inspection, the City discovered tha the average miles per charge that buses could be driven was substantially wer then the 275 miles represented by BYD. 24, Upon information and bale the BYD buses have not pescd the Altoona esting. 25, Upon information and bei, the buses cannot meet the speed elevation and pll specified in the REP.