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HomeMy WebLinkAboutbocc.con.001.2015Rev. 08-30-11 jls COUNTY CLERK'S CONTRACT COVERSHEET` CONTRACT M 001-2015 ORIGINATING DEPARTMENT: Fleet PROCUREMENT OFFICER: Jonah Frank PHONE #: 5393 PROJECT NAME: New Loader, 4 Wheel Drive CONTRACTOR: Wagner Equipment DOLLAR AMOUNT: $391,426.00 LINE ITEM # 416.65.00952.86650 CONTRACT EXECUTION DATE: 1/20/2015 CONTRACT END DATE: 1/20/2019 AUTOMATIC RENEWAL: ® YES ❑ NO TERM: 1 Year ❑ BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ® OVER $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: ❑ None ❑ Informal ® Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid ❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt ❑ Contract Renewal ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ❑ Employment ❑ License/Use ❑ Intergovernmental Agreement (Resolution Required) ❑ Lease ❑ Non -Profit ❑ Construction ❑ Quasi -Public (e.g.-AVH) ® Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance & Resolution Required) ❑ Other (e.g. revenue) ❑ Change Order/Contract Amendment (C/O: 10% or $25K whichever is the lesser must have County Manager signature) All Contracts should be proofed and all exhibits and notices must be attached for the following: ✓ ® No Pages Missing ✓ ® If Page Left Intentionally Blank —Note on Page ✓ ® Page numbered consecutively ✓ ® All Original Signatures Affixed ✓ ® All Dates Filled In ✓ ® Special Instructions for Finance Department: ✓❑ All Other Blanks Filled In ✓® All Exhibits Attached ✓❑ All Legal Descriptions attached (if applicable) ✓® Notice of Award/Notice to Proceed Attached (if applicable) ✓® Warranty (if applicable) Check ✓ ® Authorized Procurement Officer's Name: Jonah Frank BY CHECKING .ABOVE, AND ENTERING NAME., THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST! Contract @ 001-2015 - !/l6 J5 Budget Line hem $416.65.00952.86650 car-N11jr. (ix ;, ..... I NOTICE OF AWARD Date: January 16 2015 rot Wagner Equipment The O'%+mer, having duly considered the Proposal submitted on "1/8/15, for the work or , purchase covered by the Contract Document titled New Loader. 4 wheel drive.With hydraulic quick coupler in ihe,amoutit of $391.426:00. and it appearing that the Price and' othei information in your Proposal Fom91s fair: equitable and to the best interest of the tOwner, the offer in.vour Proposal, Form is hereby accepted. I In accordance with the terms of the Contract Documents, you are required to execute the " Agh*ment in one original of contract withimten (10) consecutive days from this Notice I of Award. i In additioh you ar"e'requifed to furnish' in the said'-iime Certificates of "Insurance 4 evidencing compliance with the requirement for insuranee as stated in the Contract Documents•to .Ionah'Frank. Fleet Manager, 76 Service center Rd. Aspen. Co 8t611.970• ^' 920'5374 y PITKIN.COUNTY F ' t anger ' -' Date –` – NCCt PTANCE OF NOTICE =— Recelpt.16fthe above Notice of Award is hereby acknowledged 'of J A BV this day.2015. f i Contract #00 1 -2015 Budget Line Item #416.65.00952.86650 V%TKIN COUNT 12/4/14 CONTRACT FOR THE PURCHASE OF GOODS/EQUIPMENT - New Loader, 4 wheel Drive, with hydraulic quick coupler THIS CONTRACT is made and entered into this 15th day of January, 2015 , by and between the Pitkin County Board of County Commissioners, 530 E. Main Street, Third Floor, Aspen, Colorado 81611 (hereinafter "County") and Wagner Equipment Co, (hereinafter "Vendor"). LGOODS PURCHASED. Vendor shall provide County the following goods conforming to the stated description and any Technical Specifications attached to this contract: Loader Specification per Attachment 1 2. DELIVERY OF GOODS. Goods, together with all warranties, guarantees, manuals, support information and notice of any extended warranties, shall be delivered by Vendor to the County at the following place and time: Place: 76 Service center Rd. Aspen, Co 81611 - Date: June 1st 2015 3. RISK OF LOSS. At all times prior to delivery and County's acceptance of the goods, Vendor shall bear any 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/equipment. 5. LIQUIDATED DAMAGES. Vendor hereby agrees to be responsible to County for liquidated damages for failure to deliver 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 not delivered on the date and time established in accordance with this contract. The parties agree that the stated sum is a reasonable forecast of fair compensation for the anticipated damages for delay and that they genuinely intend to liquidate such damages. Any such damages are to be deducted from -purchase price. 1 Contract #001-2015 Budget Lineltem 9416.65.00952.86650 12/4/14 6. ACCEPTANCE OF GOODS. Delivery of goods shall be complete only upon acceptance by County. County shall have 14 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 shall be delivered to County free and clear of any liens, claims or encumbrances, and Vendor shall warrant the same, which warranty shall survive closing of this contract. 7. REJECTION OF GOODS. If goods are not delivered according to the specifications and descriptions of this contract, County may reject goods. Vendor shall have 30 days additional time to deliver goods in conformance with this contract. Upon failure of Vendor to deliver goods, County may terminate this contract or declare Vendor to be in default and pursue remedies contained in this contract. 8.WARRANTY/REPAIRS: A. Delivery of Warranty. Upon delivery of the goods, Vendor shall simultaneously tender to County all warranties, guarantees, manuals and other documents specified by the contract documents or in possession of Vendor. B. Terms of Warranty and Repair. The Vendor hereby warrants that for a period of 3 year, 5000 Hour Warranty Powertrain and hydraulics, after goods are accepted, Vendor will, at Vendor's own expense, without any cost to the County, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor's facility at no cost to the County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor's standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. 9. PAYMENT. Full payment shall occur upon acceptance of goods delivered in compliance with this contract. In consideration of delivery and acceptance of the goods to County in accordance with this contract, County shall pay Vendor, and Vendor agrees to accept as its full and only compensation, the stated sum of $391,426.00; but any payment by the County may be offset by any amount the Vendor owes the County for any reason. 10. TERMINATION PRIOR TO EXPIRATION OF CONTRACT TERM. County has the right to terminate this contract, with or without cause, by giving written notice to the Vendor of such termination and specifying the effective date thereof. 2 Contract #001-2015 Budget Line Item 9416.65.00952.86650 12/4/14 A. TERM. The term of this contract is from one year from contract signed date. At the expiration of the initial term the contract may be extended for an additional term of one year up to 2 years by the express written consent of both parties. B. OPTION TO RENEW FOR SUBSEQUENT YEARS (With Price Adjustment) The prices or discounts quoted in the contract shall prevail during the specified term of the contact, at which time the county shall have the option to renew the contract for a subsequent one year period. The option renewal periods shall not exceed a total of 2 additional years. This option is the county prerogative and not a right of the vendor and will be exercised only when such continuation is clearly in the best interest of the county. The Vender shall notify the County of any adjustments during this option period a Minimum of nighty (90) calendar days prior to the effective date of the new price to be charged to the county. The county reserves the right to reject any price adjustments submitted by the vendor and /or terminate the contract with the Vendor based on such price adjustments. Il. COUNTY'S REMEDIES UPON DEFAULTOF VENDOR. Whenever Vendor shall default in performance of this contract in accordance with its terns, County shall be entitled to suit for damage, specific performance or other relief in law or equity. 12. ASSIGNABLILITY. This contract is not assignable by either party. Any use of subcontractors by the Vendor for performance of this contract must be accepted in writing by the County. 13. BINDING ARBITRATION. Any disputes arising out of this contract shall be - subject to binding arbitration. The parties agree that any disputes concerning the terms and conditions of this contract shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association and shall be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing party. 14. SEVERABILITY. In the event that any provision of this contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. 15. INTEGRATION AND MODIFICATION. This contract represents the entire and integrated contract between the County and Vendor and supersedes all prior negotiations, representations, or contract, either written or oral. This contract may be amended only by written contract signed by both the County and Vendor. 16. EXEMPTIONS. All purchases of construction or building or any other materials for this contract shall not include Federal Excise Taxes or Colorado State or local sales or 3 Contract 4001-2015 Budget Line Item #416.65.00952.86650 12/4/14 use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K. 17. CONTRACT MADE IN COLORADO. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 18. ATTORNEY'S FEES. In the event that legal action is necessary to enforce any of the provisions of this contract beyond the arbitration described in Paragraph 13, the substantially prevailing party shall be entitled to its costs and reasonable attorney's fees. 19. GOVERNMENTAL IMMUNITY. Vendor agrees and understands that the County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise available to the County or any of its officers, agents or employees. Further, nothing in this contract shall ,be construed or interpreted to require or provide for indelnnification of the Vendor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. 20. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County as County. Pitkin County'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 forth herein. No provisions of the contract shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple -fiscal year direct or indirect debt or other financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this contract shall be construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any obligations payable from any class or source of Pitkin County's money. 21. NOTICE. Any written notice required by this contract shall be deemed delivered through any of the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first class mail, postage prepaid, return receipt requested addressed as follows: 13 Contract #001-2015 Budget Line Item #416.65.00952.86650 A. To Pitkin County Jonah Frank 76 Service center Rd. Aspen, CO 81611 970920-5374 B. To Vendor: Wagner Equipment Co 2322 1-70 Frontage Road Grand Junction, CO 81505 (970) 242-2834 12/4/14 with copies to: Pitkin County Attorney's Office 530 E. Main Street, 4302 Aspen, Colorado 81611 Fax: (970) 920-5198 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. VENDOR: BOARD OF COUNTY 4y: DO 4 ► b Ism Co�npa?y ate Y.. .. W t COMMISSIONERS OF PITKIN COUNTY CountyAdanager Date r ;y: Zg IJ ection Leader Da Attachment 1 Contract #001-2015 Budget Line Item #416.65.00952.86650 PROPOSAL FORM Proposal Time: Proposal Date: From: WAJvLer C-g-p6u-zn,r 2322 S -70 t=yp jL�jc t" Gia r ct J �F Co �-19T To: THE PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS c/o (Jonah Frank) Fleet Manager 76 Service Center Rd. Aspen, Co 8]611 For: New loader, 4 wheel drive, with hydraulic quick coupler 12/4/14 Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surrounding the construction of the proposed Project, including the availability of materials and labor hereby proposed to fumish all labor, materials, supplies, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Documents for the sum of: t=o" 4V'0drtJ tort j ori Tlkot.s,a.rQ TWA &x. iiollo rf The lump sum of Dollars $ y±i (.03(0.00 The product to be delivered by L,)s"vv Main Description: to- °Ke(o W1 1.36." L-0�4, Warranty: 34e- 5irM Ilry 'Towz,�'Arc,- ., 4- 4 4(mkh" t ct Cnue� q� Trade In: 4b9 bo0— OS 01-3 9- w rSrD 13 T ) FOA41 1 Ptow (o�cP'Fk.T Buy Back: Filled out Attachment Sheets (YES or X) I : U-" 2: V u 4 Attachment t Contract #00 1 -2015 Budget Line Item #416.65.00952.86650 12/4/14 It is further understood that the right is reserved by the Owner to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually determined. The proposer hereby certifies: A. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group, association, or corporation. B. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. C. That it has not solicited or induced any person, firm, or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. The right is reserved to waive any informalities and to reject any Proposal. (Type/Print name under all signatures) `Z N �> .1,4 n t.s.w.., Dated this_ day of 2015 (Corporate sea]) THE PROPOSER U)AI,N,r �gW: f tilv'PA-01 Y .o, N Vao 0 -- SIGNATURES: If the proposal is being submitted by a Corporation, the proposal should be signed by an officer, i.e. President or vice-president. The signature of the officer signing shall be attested to by the secretary and properly sealed. If the proposal is being submitted by an individual or a partnership, the proposal shall so indicate and be properly signed. 3 Attachment 1 Attachment 1 Pitkin County New Loader Specification Item Description Pitkin County Is looking to receive bids for one (1) General New loader, 4 wheel drive, with hydraulic quick couplier J" t One 6 yard bucket with flat blades and edge protectors, one 6 yard bucket with teeth and all wear protection available, one set of Forks 96" bridge with 72" tines, one Attachments Grapple bucket with 7 yards of capacity, All attachments must have changeable blades or teeth that bolt on. I 1 Operating Weight shall be no less than 51,000 lbs. with Weight dirt bucket Engine 304 HP min/2015 U.S. EPA Tier 4 Final yL..k Must have cold weather - High Altitude package including Engine (package) a block heater, auto shut down for machine and electrical system for cool down td Must have quick ports for test samples and pressure testing ports for each function for trouble shooting, all Serviceability filters must be easily accessible and mounted to minimize fluid spills, and all Daily checks be on the same side, and Most in one location ILA Must come with a computer monitoring system that will help into the maintenance of the machine, through Connect Technologies machine monitoring of all electronic systems along with fuel and hour tracking. Emails alerts when failures happen as well. Q Attachment t Oil drains must be ecology drains with quick couplier for simple in the field service and clean fluid drainage, Fluid drains Engine, transmission, hydraulic, coolant. Please include the couplers needed for draining each component if different from each other. 4 System must be fully automatic, with a DPF, and SCR Exhaust en, vv/SCRgauge to tell operator what is going on with system, DEF System fluid level gauge as well ,t,b Engine pre -cleaner must remove, 93%+to help keep the Air precleaner air filter clean � Fuel Priming The fuel system must have an electric priming pump to Electronically controlled Power shift transmission with 4 Transmission Forward speeds and 4 Reverse speeds, with VSC, Planetary design, with a top speed of 24 mph Speed shifting for high-energy directional changes with Shifting other shifting and performance benefits Pump out -put must be at lease 95 Gallon min for bucket Hydraulic operations, speed and cycle time, with load sensing 3 RD Hydraulic function 3000 psi min and 69 gallon a minute rating AS Lift Arms Z bar, mechanical parallel lift, with ride control electro hydraulic implement controls programmable kick out from in -cab, for kick outs �1 Single lever bucket controls with auto leveling, Joystick Controls controls with 3rd function intergraded in to handle, Also transmission shifting on lever tA Must have an auto lube system for all none rotating Auto Lube components to coolant and hydraulic radiators need to be easily cleaned Cooling with swing outs and access doors ,� Attachment 1 hydraulic electronically controlled, variable on -demand Fan cooling fan, with reverse air flow specs to reduce dust and debris build up. Automatic front/rear differential lockers, Axle oil cooler, Axles Extreme temperature seals, and Seal guards N Conventional steering wheel, with transmission shifter on Steering column y Brake system to have 4 friction discs activated by hydraulic pistons, and have indicators for wear Brakes inspections, also intergraded brakes system downshift with left brake pedal U one drive line Parking brake / park brake to disable the Parking brake transmission engagement if applied A9 Integrated Brakes to reduce axle oil temps and with Brake options transmission neutralizer Tires 26.51125 VSDT L5 tires or similar To be sound suppression to 70 dB(a) max limits, with ROPS/FOPS, in cab mounted rear view mirrors and Cab heated exterior mirrors, windshield wipers front and rear, also sun visors, coat hooks, beverage holders, and lunch box storage spot LA Computerized monitoring display for all fluid with Display warnings and also DPF static and warnings, lA Operator seat shall be air suspension type with 6 way Seat adjustable with adjustable arm rests Windows Windows on both sides to open from the inside �i Window access platforms shall be mounted to make Platform cleaning of windshield glass safe and easy Radio, 12 Volt DC plug- AM -FM radio with Blue tooth for Phone connection, 12 ins volt plug in outlets Must have 40amp 12volt invertor for 2 -way radio hook 2 -way -CB prep up LA Attachment 1 Must have a rear view camera system with 7 inch display Rear view for back up, and heated rearview external mirrors with integrated spot mirrors �S Narrow Reading Fenders, and mud flaps for Body transportation at top speed on road ways 4A Needs to hang over and have a rain gutter that routes the ROOF water way from the doors and glass. Also a steel plate for mounting the radio antenna y Full Cab removable in lease than an hour, and have all Cab quick connector fittings and plugs, so no refrigerant is lost. Must have HVAC system with filtration system, AC, Heat, AC -Heat Vent, auto controls too. Its One piece Full hood that opens up with one switch for Hood each of access and maintenance, also a access for daily checks with out having to open the full hood to Tool box Tool box on exterior for storage, integrated into machine rear bumper to protect machine and also have a pin for Rear Bumper pulling � Industrial package or equivalent with Lower engine and Guards power train guards for off-road use, cable steps, and other protection of drive train t -S Mater Switch -Jump Must have master switch and jump start plug receptacle, Start in easy location for operator 24 volt electrical system with 2-1400 cca battery's, with electrical system 145 amp alternator min Must be a CAN -BUS system for one computer be able Vehicle Net -work diagnosis the entire unit Attachment 1 Strobe 1 strobe light amber, 360 viewable Halogen work lights, 6 front works lights, 4 rear work Work lights, lights, and LED reading package, and back up alarm `I Deutsche electrical connectors, and braided wiring Wiring harness a Must, to protect from corrosion and wear Factory installed payload control system, for on the go Payload Control weighting of material in the bucket or on the forks AA Please break out the pricing for the fallowing items 2 operator manuals one mounted in the cab, 1 Parts CD Manuals and subscription to on-line site, 1 repair manuals and ( A -AL SzA"- Ww^uakj subscription to on-line site IFWAA/, vAgxwt&a( dPuc�ltvr — "/L One day with 12 people general machine operation and Training orientation, Three day mechanic class for 6 people on 3 cj" powertrain, and electronics at Pitkin County rarntv� 4{10Sq �b Extra equipment 2 sets of Universal ED 10mm Pewag style tires chains. 1 13l ,(LQ 2006 CAT 938G, CAT938GHCRD01694 with quick (,9,6Oa 0 M" Trade IN coupler, forks, and 2 buckets, and a 12 plow s ZciZ,(OO Guaranteed Buy Back List of 5 year, 7 year, 10 year buy back options if available '`' zz'O' ski to a 2_2_01(00 Attachment I Attachment 2 Please provide information in detail regarding the fallowing areas of service and support. 1. Closest Dealer location �'�--tl Jic� - �fa^-�Q ��'F" 60 ?Avis CZ - 2. Response time to a call out for repairs, or breakdown Wry:— 'l-l�-e Ar,h - Z4 flaws 3. Closest Resident Dealer Mechanic co 4. Parts inventory for Machine a. List of all filters and all service parts with price and availability and at what Dealer location within the state for Machine in spec._ A4' -'f' b. List of other consumables cost and availability for the Buckets iin' attachment 1. 5. Time frame to get a rental unit the same size as Machine in Specification if needed Otev e.c l� 2t4 -4i - tla.. 6. List out all software needed and the yearly cost for each a. Machine software .- k ckkcQcj b. Online Service, repair and parts software STS - i4rb •oo t i - 1990-(ru tpa `iia 7. Cost of training 7 people on the service and repair software '; t� j 1 ?cot k- Sic- kr �c . � i65-1- Attachment 1 Customer Quote for Training WAGNER TRAINING INSTITUTE This is an ESTIMATE only; your final invoice amount will be adjusted to reflect actual charges and expenses. Customer 0 Ready to ❑ Today's Date: Quote Invoice Customer Name & Location: Pitkin County Aspen, Colorado Class Requested: Course Number & Title I CC 133 Medium K Series Loaders (966K) Course Date TBD jlnstructor I Shawn Brown Full Day1st Four Number of Students Class Students @ $ 425 Additional Students @ $ 325 Half Day 1st Four Class Students @ $ 235 Additional Students @ $ 115 Full Day Student Costs (1st 4) $ 1,100 Additional $ 975 Half Day (1st 4) $ - Additional $ _ Number of Student Fee Total Subtotal for Full Day Class $ 2,075 Days 3 (Full Day) $ 6,225 Number of Student Fee Total Subtotal for Half Day Class $ - Days (Half Day) $ Travel Expenses (for Instructor only) Lodging $ 125.00 per night 3 Nights Hotel Total $ 375.00 Meals $40 per day 3 Days Meal Total $ 120.00 -- Mileage Mileage 0.565 per mile 600 Miles Total $ 339.00 Mjsceland sous Charges (if applicable) , NOTE:I Students are responsible for their own travel arrangements & expenses Additional Comments (include student names, if known) - - Estimated Total $ 7,659.00 Customer PO Number: (REQUIRED) Approval Signature: Phone: Printed Name: I (Date: Please email or fax this form to: Wagner Training Institute Attn: Boni Beckwith bbeckwith@wagnerequipment.com Fax No. 303-739-3198 Questions? 303-739-3253 1 1 1 [Rev 11114 JVVAGNERF SALES AGREEMENT Aurora, Colorado, Albuquerque, New Mexico, EI Paso, Texas DATE Jan Ol, 2015 PUROHASER PITKIN COUNTY FLEST NONr D STREET AOORESS 16 SERVICE CENTER RD a �BAIRa GL CRYISTATE ASPEN, CO COUNTY PITKIN (069) 1 O P POSTALCOUE 91611-2567 _ PHONE NO. 970 910 $191 _ PHENO. 970 020 5151 IO EQUIPMENT JONAR PRANKW CUSTOMER CONTACT: U PRODUCT SUPPORT JONAH PRANK PHWENO. 970 020 5151 WOUSTRYCCOE: LANDFILL OPERATION (NAI11020) PRINOPAIWOR(CODE: OOVERNKENT(A)0) - OMMRAN I" .TtlY Ter EnmpRm /OlepIXel60) Cusw.PONv SAWW 6901] CR.t.8 6906] CuebmM/ 95-0]621 AurOu PAYMENTTERMS: (AA Mmn eM peMmNa ensugxlb Fbarce Cm,pvry-OAC I NET PAYMENT ON RECEIPT OF INWDE Q MET ON DELIVERY' ❑ FWNRCLLL SERVICES ❑CSC LEASE R M CASH WITH ORDER {0.00 BALMCETOFINAMCE 10.00 COMRACTINTERE9T RATE 01 NOTES: e PAYMENT PERIOD PAYMENT AMWM 00.00 NUMBER OF PAYNENi9 0 1 OPTgIULBW-OUT DESCRIPTION OF EQUIPMENT ORDEAEDI PURCRASED MME: CATERPILLAR MODEL: 966W YEAR: 2019 NEW USED ❑ STOCKRUMSER TBD SERILNUMRER: TBD SMA: 0 966H WNSEL WADER STEERING, STANDARD RADIO, AM/PM/USB/MPJ BLUSTOOTH LAMS 2 ORDER PRODUCT LINK, SATELLITE PL121 RADIO, CB (BRADY) REGIONAL PKG, NACO COOLING, STD AH9IENT PRZCLRANBR, HVAC INDUSTRIAL PACKAGE PAN, VARIABLE PITCH PAN LIGHTS, HALOGEN LINKAGB, STANGARD LIFT ANTIFREEZE, -34C (-29F) LIGHTS, RMNING DRAGON COUMSRNXIGHT, 1000X0 TIR88,26.SR2S a VSDL BS IS PRODUCTION McASBRB)IeNT. READY AXLES, Am DIFF P/R, AOC. SD CAB AR, STANGARB PRODUCIIW MEASUREMENT APP HYDRAULICS, 1V RC (FORESTRY) CAB BODY CAP (METALLIC) GUARD. PONUVIRAIN HYDRAULIC OIL, STANDARD COVER, RVAC FILA, -VPF (Mal) WEATHER, COW START'120V PRECLSANER, TURBINE QUICK COUPLER LIGHTING, STANDARD PEROSES, NARRON LIM, CONNECTOR 1V (OC) SEAT, STMOAPD-HR MESE, SOUND SUPPRassim, STAurAx, FORK,_PALLX'T 72• (OC) SINGLE' AIIS'LZVHRS W/YNR, 1V QUICK COUPLER, BRADY BUCKET -WI, 126. 6.00 TDO SEAT BELT, 1• NIDE N/INDICATOR AV]OLuaR,CATXRPILWR STD -LIFT CUTTING EWE, BOLT -ON MERGES, ZKTSRNAL,. HEATED DOMESTIC TRUCK PROTECTORS, SIDEBAR. BET OF 2 UP ENY 8.11 Price {661,026.00 MODEL 9900II - CATZRFItLAAIMI YENt ]009 BN. Oa0elU1 Len 0,08, Trod. Allt... r. PAYOUT TD AMOUNT: PADBYi T0t.2 After Tio Dala... {101,6]6.00 MODEL PAYOUT TQ ANWM: PAD BY: MODEL: YFAR 6N: PAYOUT T6. ANOUM: PAD SY: MODEL YEAR 6N: PAYOUTTO AMWM_ PAD BY: ALL TRADE8INS ME SUBJECT TO EQUIPMENT BEING IN'AS WSPECTEO CONDITION BY VENDOR AT TIME OF DEUVEW OF RERACEMEMMAORWG PUROA8E A80VE PURCHASER HEREBY SELLe THE TRADE -W EQUIPMENT DESCRIBED ABOVE TO THE VENWRMD WARRANTS R TO BE FREE AND CLEAR OF ALL BLAME, LIENS. MORTGAGEE AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE. QGTERPILIAREQUPMENT WARRAlITY6COVFAAGE HIS ❑USED EoummENT ^ . COVERAGE YC— lbawdmN,' �vA op Ruth. lulrauIvNe WPI0l be Wavy Eeiymem Ca"IupCbr WenM,, end M. W ON utlenlm, AlusedpMPneRl b sob SO bwhso b ON ra,mrut&*Nued w1emlM ernpu uM xaneny.' 8duduNd tll sempp,q (8.0.8.) b meMebry MM Wa wrmy. TM watomu b uaponJNe br Wtl,p W sampbe e1 Nib Wl datlpntlW lnMmbOan elpower OJn eanpmm�b eM blbubdonmynaM Y, vtlJOlp lM wananN WamnN&Pkabh: H vPor�roce�ury: . 12 NOatb. UnI1nlNd Hour. Deite .bd Labor (Travel Time included for the Elnt f 22 Roamho Unlimitedurs, mocnq 1 Year / 5000 Hour Powertrain a Rydraullu Extended Coverage Plan ❑ ALLIED WARRANTY A COVERAGE IORATURE `— V CSA NOTES: THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE WAGNER EQUIPMENT CO. PURCHASER _ ORDER RECEIVED Of Nrlea ebaver APflWVEOANOACCEPIE00N 1 RFPREWMAL PITKIN COUNTY FLIM T'Main! I BY eaxA TERMS AND CONDITIONS (COLORADO, NEW MEXICO OR TEXAS) 1. METHODS OF ACCEPTANCE and TERMS OF AGREEMENT: This Machine Sales Order ("MSO") Is an offer for the sale of the equipment and attachments desorlbed on the face hereof (referred to herein generally as "equipment" and "goods" Interchangeably) to Customer under the terms and conditions specified herein. This offer may be accepted by(1) the execution of this MSO by a representative of Customer or (2) Customer's - ' verbal or written authorizations or conduct consistent with prior course of dealing between the parts authorizing WAGNER to take action to fulfill - -- --this order, or (3) the commencement of manufacture or shipment of the goods or services specified In this Order, whichever of the foregoing first occurs. Acceptance of this offer Is limited to the express terms stated In this Order. Any proposal In Buyer's acceptance for additional or different terms or any attempt by Customer to vary In any degree any of the terms or any attempt by Customer to vary In any degree any of the terms of this offer Is objected to and hereby rejected, but such proposals shall not operate as a rejection of this offer, unless such variances are In the terms of the description, quantity, price or delivery schedule of the goods or services, but shall be deemed a material alteration of this Order and this offer shall be deemed accepted by Seller without said additional or different terms. Once accepted, this Order shall constitute the entire agreement between WAGNER and Customer. WAGNER Is not bound by any representation or agreements, express, or Implied, oral or otherwise, which are not slated within this agreement or contained In a separate writing supplementing this agreement and signed by authorized agents of both WAGNER and Customer. 2.TIME OF DELIVERY and SHIPPING: Orders for equipment are processed In the order of their acceptance by WAGNER and WAGNER will use Its reasonable efforts to deliver the equipment to You on the scheduled delivery date on the face hereof. However, shipping and delivery dates are acknowledged to be estimates only and dependent upon many factors outside of WAGNER's control Including, but not limited to, the manufacturers production schedule, material and labor shortages, shipping delays and various other unreeling factors. WAGNER Is not liable for delays or damages caused by delays in delivery or shipment of the equipment, unless staled on the face of this order to the contrary. You are responsible for all freight, shipping, loading and unloading costs. 3.To secure Customers obligations under this agreement and to secure all of Customers present or future debts, obligations or liabilities of whatever nature to WAGNER, Customer grants to WAGNER a security Interest In the goods described on the reverse side hereof, together with any attachments or accessions thereto and proegods from the sale or lease thereof. Customer agrees to deliver to WAGNER, properly executed, any certificate of title or other document or Instrument required by WAGNER to protect WAGNER's security Interest as created In this paragraph. _ Customer also authorizes WAGNER to file financing statement(s) with respect to the security Interest granted herein. 4.RIsk of loss of the goods shall pass to Customer as soon as the goods are properly loaded on the carrier. WAGNER's responsibility for shipment ceases upon delivery of the goods to a transportation company. Customer shall carry such fire and other Insurance as necessary to protect Its Interest and the Interest of WAGNER. Any claim by Customer for shortage In shipment shall be made within fifteen (15) days after receipt of the shipment. It Is specifically agreed that the risk of loss shall not be altered by the fact that the conduct of either party hereto may constitute a default or breech. The shortage In shipment notice must be In writing within fifteen (15) days and further, shortage In shipment Is not deemed to constitute a nonconformity S.Any notices pertaining to rejection or claims of nonconformity must be made In writing specifying In detail Customer's objections and such notices _.. must be delivered within ten (10) days after delivery of the goods. It Is agreed that In the event of rejection, Customer may In no event resell the -- goods, even In the absence of Instructions from WAGNER, and Customer will store the goods or reship the goods to WAGNER. Should Customer sell the goods, such sale shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under this agreement, such acceptance shall be final and Irrevocable; no attempted revocation shall have any effect whatsoever. 6.No right or Interest In this agreement shall be assigned by Customer without the written permission of WAGNER, and no delegation of any obligation owed or of the performance of any obligation by Customer shall be made without written permission of WAGNER. Any attempted assignment or delegation by Customer shall be wholly void and totally Ineffective for all purposes unless made in conformity with this paragraph. 7.WAGNER shall have all rights and remedies provided in the Uniform Commercial Code and In any other document executed In connection with this agreement. Customer agrees to pay all costs Incurred by WAGNER in enforcing this agreement or any of Is provisions, Including without - limitation reasonable attorney's fees and costs and all costs of reclaiming the goods, whether or not legal action Is commenced. In the event the goods are reclaimed, Customer agrees that WAGNER may bid on the goods and that a commercially reasonable price for said reclaimed goods, a public sale , may be determined by WAGNER based upon current national auction values, market trends relating to supply and demand, and related factor, for goods of similar type and condition. - B.CANCELLATION/TERMINATION: This Order may be canceled by Customer only with WAGNER's written consent and then only upon such terms as will protect Seller from any loss. This Order may be cancelled by WAGNER In the event of any default by Customer or In the event Customer fails, upon WAGNER's request, to provide reasonable assurances of future performance. S.PERMISSIBLE VARIATIONS: All goods shall be subject to the standard manufacturing and commercial variation and practices of the - - - -- - Manufacturer of the goods of WAGNER, In the event of shipment of non -conforming goods, WAGNER shall be given a reasonable opportunity to replace the goods with those which conform to the order. 1o.FORCE MAJEURE: a) WAGNER shall not be responsible or liable for any delay or failure to deliver any or all of the goods and/or performance of the services of such delay or failure Is caused by any act of God, fire, flood, Inclement weather, explosion, war, Insurrection, riot, embargo, stature, ordinance, regulation or order of any government or agent thereof, shortage of labor, material fuel, supplies or transportation, strike or other labor dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein before specified beyond WAGNER's control, which prevents, hinders or Interferes with manufacture, assembly or delivery of the goods or performance of ---the services. Any such cause; contingency, occurrence or circumstances shall release WAGNER from performance of Its obligations hereunder. 11. VENUE: Venue for any disputes between the parties will be in Adams County, Colorado and In state court for legal proceedings Purchasers waives right to remove any legal action from the court originally acquiring jurisdiction. WS2.702.1 INITIAL HERE