HomeMy WebLinkAboutbocc.con.157.2015A f 2015 kir
sTKIN Pitkin County
y CouniT Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement_help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 157A-2015
Project Name Landfill Equipment
Contractor Wagner Equipment
Budget Line Item 416.68.00952.86650
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date Click here to enter a date.
Contract End Date Click here to enter a date.
Automatic Renewal Yes 0 No®
If Construction: Retainage Click here to enter text.
If this is a new contractor,please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Fleet
Project Manager Jonah Frank Project Manager 5393
Phone
Provide a brief description of the contract:
Landfill equipment, GPS and attachment change
Contract Value Summary:
Contract Amount $2,366,229.00
This Change order/Amendment amount(if applicable) $60,496.74
New Contract Total $2,426,725.00
Procurement Method:
None 0 Informal❑ Formal ® Sole Source 0 Emergency 0 Contract Renewal 0
Contract Type:
Services/Maintenance 0 Construction 0 Goods,Equipment, Supplies CZ
Change Order/Amendment ® Other,please explain❑ Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract# 157-2015 12/16/15
Budget Line Item#416.68.00952.86650
fhoTI
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•
CHANGE ORDER/CONTRACT AMENDMENT
Change Order Number: 157A-2015
OWNER: Pitkin County
Aspen, Colorado 81611
CONTRACTOR: Wagner Equipment Inc.
The Provision of Landfill Equipment (the "Agreement") dated 15th of June 2015 between the Board of
County Commissioners of Pitkin County (the "County") and Wagner Equipment (the "Contractor"), is
hereby amended as follows:
Description of Change: More parts needed to make the GPS equipment on the New Equipment work
correctly. Additional rakes attachments for the loader and excavator.
Reason for Change: Radio signal for the GPS system is to week and we need a booster on site.
Attachments will allow for better sorting out the rocks and debris hidden in the wood and trash.
Original Contract Price $ 2,366,229.00
Net Increase/Decrease in Contract Price(this change order) $ 60,496.74
*Total Adjusted Contract Price(including this change order) $2,426,725.70
In all other respects the Agreement is in full force and effect and remains unchanged by this
Amendment.
Contractor Date
Flee"i.'- Date
00w
Coun trier Date
*Increases over$25,000 and/or 10% (single increase or accumulative) of original contract must have
County Manager signature.
op WAGNER CAT SALES AGREEMENT DATE Dec 15, 2015
Aurora,Colorado,Albuquerque,New Mexico,El Paso,Texas
PURCHASER PITKIN COUNTY FLEET MGMT
S STREET ADDRESS 76 SERVICE CENTER RD S <SAME>
O H
L CITY/STATE ASPEN„ CO COUNTY PITKIN (049)
D P
POSTAL CODE 81611-2567 PHONE NO. 970 920 5393
T T
EQUIPMENT JONAH FRANK PHONE NO. 970 920 5351 p
O CUSTOMER CONTACT:
PRODUCT SUPPORT JONAH FRANK PHONE NO. 970 920 5351
INDUSTRY CODE: PRINCIPAL WORK CODE:
Ownership 69043 Invoice 69043 Sales Tax Exemption#(if applicable) Customer PO Number Ship Via
Customer# Customer# 98-02624 Aurora
PAYMENT TERMS: (All terms and payments are subject to Finance Company-OAC approval)
E NET PAYMENT ON RECEIPT OF INVOICE Q NET ON DELIVERY ❑ FINANCIAL SERVICES 0 CSC ❑LEASE
M CASH WITH ORDER $0.00 BALANCE TO FINANCE $0.00 CONTRACT INTEREST RATE 0% NOTES:
PAYMENT PERIOD PAYMENT AMOUNT $0.00 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED
MAKE: CATERPILLAR MODEL:WT-WL YEAR: 2015 NEW Q USED ❑
STOCK NUMBER: TBD SERIAL NUMBER: TED SMU: TBA
Pin Group
Bucket GP 126. 6yd
Extra Duty tip X90
Rake Loader 124•
Rake 60• Excavator
Bolt on segmenta
Adaptora, Tip, Bolt On K090
TRADE-IN EQUIPMENT Sell Price $47,671.00
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY: Total After Tax Balance $47,671.00
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
ALL TRADES-INS ARE SUBJECT TO EQUIPMENT BEING IN'AS INSPECTED CONDITION'BY VENDOR AT TIME OF DELIVERY OF
REPLACEMENT MACHINE PURCHASE ABOVE.
PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE FREE
AND CLEAR OF ALL CLAIMS,LIENS,MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE.
O CATERPILLAR EQUIPMENT WARRANTY 8 COVERAGE ❑USED EQUIPMENT
INITIAL INITIAL
C IF COVERAGE
The customer acknowledges that he has received a copy of the Wagner Equipment Co./Caterpillar Warranty and has read and understood All used equipment is sold as is where is and no warranty is offered or impled except as
said warranty.Scheduled oil sampling(S.O.S.)is mandatory with this warranty.The customer is responsible for taking oil samples et specified here:
designated intervals from all power train components and failure to do so may result in voiding the warranty.
Warranty applicable including expiration date where necessary. Warranty applicable:
12 Month Standard Work Tool Warranty
❑ALLIED WARRANTY&COVERAGE
SIGNATURE
CSA:
NOTES:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO. PURCHASER
ORDER RECEIVED BY Brian Shaver DATE APPROVED AND ACCEPTED ON
REPRESENTATIVE PITKIN COUNTY FLEET MGMT
PURCHASER
BY 1-L 17 /TURF
e
TITLE
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 described 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 stated 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
manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelating factors.WAGNER is not liable for
delays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of this order to the contrary. You are
responsible for all freight, shipping, loading and unloading costs.
3.To secure Customer's obligations under this agreement and to secure all of Customer's 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 proceeds 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
5.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.
8.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.
9.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.
10.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
0, � WAGNER CAT SALES AGREEMENT DATE Dec 16, 2015
Aurora,Colorado,Albuquerque,New Mexico,El Paso,Texas
PURCHASER PITRIN COUNTY FLEET MGMT
S STREET ADDRESS 76 SERVICE CENTER RD S <SAME>
O H
L CITY/STATE ASPEN„ CO COUNTY PITRIN (049) I
P
D POSTAL CODE 81611-2567 PHONE NO. 970 920 5393
EQUIPMENT JONAH FRANK PHONE NO. 970 920 5351
O O
CUSTOMER CONTACT:
PRODUCT SUPPORT JONAH FRANK PHONE NO. 970 920 5351
INDUSTRY CODE: PRINCIPAL WORK CODE:
Ownership 69043 Invoice 69043 Sales Tax Exemption#(if applicable) Customer PO Number Ship Via
Customer# Customer# 98-02624 Aurora
PAYMENT TERMS: (All terms and payments are subject to Finance Company-OAC approval)
E NET PAYMENT ON RECEIPT OF INVOICE Q NET ON DELIVERY ❑ FINANCIAL SERVICES CSC El LEASE
M CASH WITH ORDER $0.00 BALANCE TO FINANCE $0.00 CONTRACT INTEREST RATE 0% NOTES:
-
PAYMENT PERIOD PAYMENT AMOUNT $0.00 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED
MAKE:TBA MODEL: GUIDANCE YEAR: 2016 NEW USED
Ei
STOCK NUMBER: TBD SERIAL NUMBER: TBD SMU: TBA
Machine Control, Guidance, and Infrastructure Package
Credit 3yr Subscription for lack of Cell Service
Installation Pkg for Machine Control System
3yr Extended Product Support Contract _
TRADE-IN EQUIPMENT Sell Price $12,825.74
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY: Total After Tax Balance $12,825.74
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
MODEL: YEAR: SN.:
PAYOUT TO: AMOUNT: PAID BY:
ALL TRADES-INS ARE SUBJECT TO EQUIPMENT BEING IN"AS INSPECTED CONDITION"BY VENDOR AT TIME OF DELIVERY OF
REPLACEMENT MACHINE PURCHASE ABOVE.
PURCHASER HEREBY SELLS THE TRADE-IN EQUIPMENT DESCRIBED ABOVE TO THE VENDOR AND WARRANTS IT TO BE FREE
AND CLEAR OF ALL CLAIMS,LIENS,MORTGAGES AND SECURITY INTEREST EXCEPT AS SHOWN ABOVE.
AGCOWARRANTY&COVERAGE USED EQUIPMENT
INITIAL INITIAL
COVERAGE
The customer acknowledges that he has received a copy of the Wagner Equipment Co./AGCO Warranty and has read and understood said All used equipment is sold as is where is and no warranty is offered or implied except as
warranty. specified here:
0 ALLIED WARRANTY&COVERAGE Warranty applicable:
SIGNATURE
Warranty applicable including expiration date where necessary:
12 Months Unlimited Hours, Parts and Labor (Travel Time included at 6
months)
CSA:
NOTES:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO. PURCHASER
ORDER RECEIVED BY Brian Shaver DATE APPROVED AND ACCEPTED ON
REPRESENTATIVE PITKIN COUNTY FLEET MGMT
PURCHASER
BY
SIG TURF -
TITLE
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 described 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 stated 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
manufacturer's production schedule, material and labor shortages, shipping delays and various other unrelating factors. WAGNER is not liable for
delays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of this order to the contrary.You are
responsible for all freight, shipping, loading and unloading costs.
3.To secure Customer's obligations under this agreement and to secure all of Customer's 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 proceeds 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
5.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.
8.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.
9.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.
10.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 -\\
c
V