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Home My WebLink Aboutbocc.con.061.2011CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING, CONTRACT #: 061-2011 ORIGINATING DEPARTMENT/DIVISION: Airport CONTACT PERSON: Francey Jesson PHONE #: 429-1870 PROJECT NAME: Purchase Caterpillar Model 272C Skid Steer Loader ❑ BOCC AGENDA ITEM ❑STAFF AUTHORIZED SIGNATURE (Requires I30CC Signature) (per Revised Procurement Code 7/2005) � Over $50,000 (Requires Couniy Manager's Signature) ✓ CHECK PROCUREMENT TYPE: QNone DInformal QFormal �Sole Source QEmergency QState Bid ❑ QCompliance with House Bills 06-1343 and 07-1073 — Immigration Form (Under $10,000, Letters of Engagement, etc � DOLLAK AMQIiNT: $55,121.00 ✓ CHECK CONTRACT TYPE: i3UllGET LINE t7'EM(LEDGF.R NUMBER: 404.67.00952.86650 (for county employees) iental Agreement (Requires BOCC Action) e, Equipment, Supplies (e.g. revenue) Agreements (Reyuires BOCC Aclion) ;e Order/Contract Amendment CONTRACTOR: Wagner Equipment Co COMPLETE LEGAL OF NAME OF BUSINESS (if different from contractor) Contract Execution Date:3/23/11 Contract End Date: 7/6/11 Automatic Renewal: �Yes �No Term of Contract: 90 days ARO -j� All Contracts should be roofed for the following: P ✓ �No Pages Missing ✓�If a Page is Left Intentionally Blank —Note on Page ✓ �Page numbered consecutively ✓ �All Signatures Affixed ✓ �All Dates Filled In ✓ �All Other Blanks Filled In ✓ I$ZIAII Exhibits Attached � �'�� V � ,�'U ' �` ✓❑HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract ✓ �All Legal Descriptions Attached (if applicable) ✓�Notice of Award/Notice to Proceed Attached (if applicable) ✓ ❑Warranty(ifapplicable) ✓ ❑Special Instructions for Finance Department: ✓�Sent to Clerk and Recorder for Scanning/Archiving ✓�Authorized Staff Person's Name: Franeey Jesson BY CHECKING ABOVF. AND F.N'I'ERING NAME, TkiE AU1'HORIZF.D S'CAFF YERSON INDICATES THAT 'PHE ATTAC'HF,D DOCUNIEN'C HAS ftF.F.N PI200FEll ANU RF;AI)Y I�'OR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ConVact #061-2011 NOTICE OF AWARD March 24, 2021 Bill Miller Wagner Equipment, Co. 2322 I-70 Frontage Rd. Grand 7unction, CO 81505 Rev. l2/27/10 jls The Owner, haviag duly considered the Proposal submitted on March I 1, Z01 l, for the purchase of good covered by the Contract Number Ob1-2011 (enclosed) in the amount of $55,121.00, and it ap�eazing that the Price and other inforn►ation in your Proposal Form is fa'v, equitable and to the best i�erest of the Owoer the offer in your Proposal Form is hereby accepted. In accordance with the terms of the Contract Documents, you aze required to execute the Agreemem in one original of contract within ten {10) consecutive days from and including the date of this Notice of Award. Please sign both copies and retum BOTH to the Procuremem Officer at the ac�i listed on page 4 ofthe Contract. � Director/Operations i .CCEPTANCE OF NOTIC� Receipt of the above Notice of Award is hereby acknowledged g� ,�� this�?' day of� 2011. Title S s�.✓�A�iic L�er #40�1.67.0952.8665Q ,� Connact #06 L2011 Ledger #404.67.00952.86650 NOTICE TO PROCEED April 7, 201 I Wagner Equipment Co 2322 I-70 Frontage Rd. Grand Junction, CO 81505 FROM: Pitkin County Aspen, Colorado 81611 You aze hereby authorized to proceed on April 7, 2011, or within ten (10) consecutive calendar days thereafter, with the work covered by Pitkin County Contract #061-2011. All r c}�ir,�d permitting sho d be approved and on site prior to commencement of work. � } By. � Francey Jesson, M. � Assistant Aviation Director/Operations Authorized Procurement Officer Rev. 12/27 ti '� � < � contrad #061-2011 Ledges #404.67.00952.86650 xe.�. iv27�to�15 THIS CONTRACT is made and entered into this 23rd day of March, 2011, by and between Pitkin County, Boazd of County Commissioners, 530 E. Main Strcet, Third Floor, Aspen, Colorado S 1611 (hereinafter `Buye�') and Wagner Equipme� Co., (hereinafter "Vendor"). 1. GOODS PURCHASID. Vendor shall provide Buyer tbe following goods conforming to the stated description and any Technica! Specificatiom aita�ed to this comract: One new and unused Caterpillar Mode1272C Skid Steer Loader, as detailed in Exhibit A. 2. DELIVERY OF GOOD3. Goods, together with all warrairties, guazantees, manuals, support information and notice of any extended wazranties, shall be delivered by Vendor to the Buyer at the following place a�d time: Place: Pitkin County Fleet Maintenance 76 Service Center Rd. Aspen, CO S I61 I Date and Time: 90 days ARO 4:00 p.m. 3. RISK OF LOSS. At all times prior to delivery and Buyer's acceptance of the goods, Vendor shall bear anp and all risk of loss of or damage to the goods. During such period, Vendor shall insure the goods for loss or damage in amounts and under appropriate terms. 4. TIME IS OF THE ESSENCE. Vendor acknowledges that time is of the essence for delivery of goods. 5. LIOUIDATED DAMAGES. Vendor hereby agrees to be responsible to Buyer for liquidated damages for failure to detivex goods on time, (for delay and not as Penalty) in the amount of $100.00 per calendar day for each day or part of a day that goods are nat delivered on the date and time established in accordance with this corrtrad. The parties agee that the stated sum is a reasonable forecast of fair compensation for the aaticipated damages f� deJ.iy a� tbat they geouiaely i�end to liquidate such damages. My such damages are to be deducted from purchase price. � CONTRACT FOR THE PURCHASE QF GOODS Contract #061-2011 Rev. IZ/27/t0 jls Ledger #40A.67.OQ952.86650 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by Buyer. Buyer sUali have 5ve days for inspection of goods. At delivery and after inspection and acceptance, Vendor shall tender a Bill of Sale to the goods, together with any and all other documents evidencing such ownership and title to the goods. The goods si�all be detivered to Buyer free and clear of any liens, clsims or :N..,.....L:.:....es, ancl Vendor shall waaant the same, wirich warr�nty shall survive closing of this comract. 7. RF,JECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this co�ract, Buyer may reject goods. Vendor shaU have 14 days additional time to deliver goods in conformance with this contract. UQon faiture of Vendor to detiver goods, Buyer may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8. WARRANTY/REPAIItS: A. Deliverv of Wazrantv. Upon delivery of the goods, Vendor shall simultaneously tender to Buyer all wananti�, guarantees, mam�als and other do�uments specified by the conuact documems or in possession of Veador. B. Terms of Warrantv and Reosir. The Vendor heceby warrams that for a period of 12 months after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the Buyer, replace all defective parts and make ac�y repa'vs to tbe goods that �y be required or made necessary by reason of defective material or worlananship. Where practicable, warranty repairs are to be made in the Seld; however, in the eve� of major repairs, ffie goods may be transported to Vendor's facility at no cost to the Buyer. C. Eattended Wazranties. In addition to the above, the Buyer may avail itself of the Vendor's standard and/or exte.nded warramies, The Veodor sball offer to the Buyer any ea�tended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the Buyer may be eligible, which become available thereatier. The Buyer is under no obligdtion to accept and pay for these e�eoded warranties however. 9. PAI'MII4T. Full payment shall occur upon acceptance of goods delivered in coarpliance with this contrad. In consideration of delivery and acceptance of the goods to $uyer in accordance with this contract, Buyer shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the staYed sum of $55,121.00, but any payment by the Buyer may be offset by any amount the Vendor owes the Buyer for azry rpsoa 10. TERMINA7'ION PRIOR TO EXPIItATTON OF CONTRACT TERM. Buyer has the right to terminate this comract, with or without cause, by giving writtea notice to t6e Vendor of such temilnation and specifying the effective date thereof. 11. BIJYER' S REMEDIES UPON DEFAULTOF VENDOR Whenever Vendor shall defautt in perfoTmance ofthis contract in accordaacc with its Yerms, Bvyer shall be entitled to suit for damages, specific performance or other relief in law or equity. � Contrad #l061-2011 Rev. 12/27/10 jls Ledger #404_67_00952_86650 12 ASSIGNABLILTI'Y. This contract is not assignabie by either party. Any use of subcontractors by the Ve.ndor for peaformance of tfris contract must be accepted in writing by the Buyer. 13. BINDING ARBITRATION. Any disputes arising out ofthis contract shall be subject to binding arbitratioa Tl� parties agree tt�at an}r disputes conoesning t6e terms and conditions of tttis contract shall be submitted and finally settled by arbitration. Arbitration st�all be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appoirned to arbitrate Pitldn Couaty cont�act disputes. Costs of the ari»hation shall be awarded to the substantially prevailing party. 14. SEVERABILII'Y. In the eve� that any provision of Uus conirad shall be held to be invalid or unenforceable, the remaining provisions of this coatract shall remaia valid and binding upon the parties hereto 15. INTEGRATION AND MODIFICATION. This contract represeirts the entire and integrated comract between the Buyer and V�dor and �es all grior �egotiations, represe�tations, or contract, either written or oral. This cornract may be amended only by written contract signed by both the Buyer and Vendor. 16. EJ�MPTIONS. Ail purchases of construction or building or az►y other materials for this contract shall not include Federal F�ccise Ta�ces or Colorado State or local sales or use ta�ces. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78W0-SK. 17. CONTRACT MADE IN COLORADO. The parties agree that ttris coMract was made in accordance with the iaws of the Stete of Colorado ancl shall be so coa�ued. Vem�e is ageed to be exclusively in the courts of Pitlrin Cou�y, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions ofthis coimact beyond the arbitration de�ribed in Paragraph 13, the substa�rtially prevailing pazry shall be e�rtitled to its costs and reasonable attomey's fees_ 19. GOVERNMENTAL IIvIMUrilTY. Vendor agrees and understands that Buyer is relying on and does not waive, by any provision of t6is comract, tbe monetary limitations or terms (presently $150,000.00 per person ar►d E600,000 per occu�rence) or any other rights, immumties, ancl protections provided by the Colorado Governmental Immunity Act, 2410-101, et. Seq., C.R.S., as from time to time amended, or otheiwise available to Buyer or any of its officers, agems or employees. Further, nothing in this contract shall be construed or interpreted to require or provide for indemnification ofthe Vendor by the Buyer for any injury to any pesson or any propexty damage whatsoevex which is caused by the negligence or other misconduct ofthe Buyer � its ageot or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future apQropriations st�all constitute only currently budgeted eacpenditures of Pitkin Coumy as Buyer. Pitkin Courny's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set fort6 herein. No pmvisions of the co�ract sball constitute a mandatory charge or requirement � Contrad #061-2011 Rev. 12/27/]0 jls Ledger #404.67.00952_86650 in any ensuing fiscal year beyond the then curreni fiscal year of Pitkin County. No provision of the contract shall be comstrued or i�erpreted as creating a muhiple-8sca1 year direct or ind'uect debt or other financial obligation of Pitkin County within the meaning of any co�titutional or statutory debt limitation. This contract shall not directly or i�irectly obligate Pitkin County to �ke any paymems beyond those appropriated for PiNQn Covnty's tt�n cwsent fiscal ye�ar. No provisions of tiris co�rad shall be construed to pledge or create a Gen on airy class or source ofPitkin CouNy's moneys, �r shall airy provision of this wntract restrict the future issuance of Pitkin County's bonds or any obligakions payable from any class or source of Pitkin Cou�y's money. 21. N01'ICE. Any written notice required by tUis contract shall be deemed delivered through any of the following: (1) t�nd delivery to the pe�son at the add� below; (2) delivery by facsimile with confirmation of receipt to the faac m►mber below; or (3) within t6ree (3) days of being sent certified first class mail, postage prepaid, retum receipt requested addressed as follows: A. To Pitkin County Francey Jessoq C.M. 0233 E. Airport Rd. Suite A Aspen, Colorado 816I 1 B. To Vendor: Wagner Equipmem Co. 2322 I-70 Frontage Rd Grand Junction, CO 81505 with cooies to: Pitkin County Attomey's Office 530 E. Main Sueet, #302 Aspen, Colorado 81611 Faac: (970) 920-5198 IN WITNESS Wf�REOF, the parties have executed this contract as oFthe date first set out herein above. VENDOR: : r .l_ -. . � Assistant By: , �efanry � � �� Contrad #061-2011 Exhibit A - �.� >�, � � �� ! �: � _ ° Ts_ ;v. �_ s �- -- -_ -- - '�"a March 11, 2011 PITKIN COUNTY FLEET MGMT 76 SERVICE CENTER RD ASPEN CO 81611-2567 Attention. CHRIS BULL ca�R�u►R �: z�x swa �r i.o�a� STANDARD EQUIPAAENT CONTROLS - ElectroMydraulic ImplemeM Co�ol, RH - EJectroMydraulic Hydrostatic - Transmission Confrol, LH - Hand and Foot Throttle ELECTRICAL -12 Vok Electrical5y�em - 90 Ampere Aitematar- Ign'rtion Key Start! Stop / Aux SYVitch - LigMs- Gauge BackligMing - - Two R� Teit Lighls - - R�r Worid� LighRs - - Two Adjustabie Front - Halogen LigMs - - Dome L.iAM - Backup Narm - Fteavy Dut7! �Y. � � - � = OPERATOR ENVIRONMENT - Gauges :- - Fuel Levei - - Hour Meter - Operator Waming System Indicators: - - Air Fitter Restriction - - Alternator OutQut - - Artnrest Raised ! Operator - Out of Seat - - Engine CodaM Temperature - - Engine Oi! Presswe - - Glow Plug Adivatian - - Hydraulic Fitter Restriction - - Hydraulic Oil Tempera[ure - - Park Brake Engages - AdjustaWe Suspension Vinyl Seat - Fold In Ergonomic Contoured Armrest- CoMrol Irtterladc System, wben Operator- Leaves Seat or Armrest Raised :- - Hytlreulic System Disables -- Hydrostatic Transmission Disables -- Parking Brake Engages - ROPS Cab, Open, Ti� Up - FORS, Le�rel 1- Top arM RearVYa�doNrs - Dd�nce Head6rcer - Floormat - Interior Rear View Mirra -12V Eledric Socket - Hom - Caterpillar 3044CDIT Tier 3 Comp6a�rt POWERTRAIN - Caterpi0ar 3D44CDR Tier 3 CompliaM - Diesel Engine - - 9D Net Horsepower @ 2500 RPM - - Fuel Pnming Pump - - Gbw Ptugs SYarting Aid - - Liquid Cooled, Direct Injec[ion - Air Cl�ner, Dual Element, Radial Seal - S-O-S Sampling VaHes, - Hydra�Bc Oil - Flber, Spin on, Hydraulic - Fdters, BayoneFType, Fue� - and Water Separator - Tilt Up Radiator / Hydraulic Oi! Cooler - Mufller, Standard - Spring Applied, Hydraulically Released, - Wet MuMi Disc Parking Brakes - HydrosTatic Transmission - FourYVheel Chain Drive OTHER STANDARd EQtMPMENT - Engine Encbwre - Lockable - 6dended Life A� (-37C, -34F) - Machine Tie �own Points (4) - Coupler, Mechanica! - Support, Lrtt Arm - Fiydrau5c Od Level SigM Cyauge - Radiator CoolaM Level Sight Gauge - Radator Expansion Bottle - Caterpllar Tough Guard` XT Hose - Auxiliary, Hydraulics, CoMinuous Flow - Heavy Duty Ftat Faced Quick Disconneds - Split D-Ring to Route Work Tool Hoses - Along Side of Left Lift Arm - Eiectrical Outlet, B�con - Beity Pan Cl�nout - Per SAE J818 May87 and ISO 5998: 1986 - Rated Opere6ng Capacrty :- - 32501b - -1474 kg Page 1 of 2 � Wagrrer EquipmeM MACHINE SPECIFtCATiC1N3 Description 272C SKID STEER LOADER CONVERSION ARRANGEMENT INSTRUCTIONS, ANSI, NACD BELT. SEAT. 2" Quote i12207-01 BUCKET, - LOOSE MATERIAL 84' 9.7 CYD BOIT ON EDGE CAUNTERWEIGHT, MACHINE 2971bs ENGINE, TIER 3 CAMPt1ANT QUICK COUPIER, HYDRAULIC HYDRAULICS, STANDARD RCNV HYDRAULICS, PROPORTIONAL. V1rT ROPS, ENCLOSED WITH AIC (C3} SEAT, COMFORT, A!R SUSPENSION DOOR,CAB,POLYCARBONATE PACKAGE, PERFORMANCE, (S2) Self Level — One Speed TIRES, 12X16.510PR CAT INSTRUCTIONS, ENGUSH HEATER, ENGINE COOLANT, 720V RADIO, AM/FM CD PIAYER Governmental DiscouM Price: Available at additional cha�ge: $47,987.00 BROOM, HYDRAULIC ANGLE, BA18 add $8,234.D0 PACKAGE, PERFORMANCE, (S3) Seff Levei — Twri Speed add 32,476.00 WARRANTY Premier WartaMy F.O.BRERMS Aspen, CO. a45,47r 00 �7.sss ca $2 052 6C� 12 Mw6hs Cumplete Machine induding trave! for ihe ficst 6 trnMhs and the balance oT 3 yeat / 30001w�r �heuer oa:urs Tir� Premier Wart'aMY Bill Miller Wagr�er Equipmsnt Co. 970-379-3661 bm0ler�wagnetequipmerttcam Page 2 of 2 n+ 7J