HomeMy WebLinkAboutbocc.con.007.238/30/2021 CDD
Contract Information
Contract Number
Project Name
Contractor
Budget Line Item 11139150.575000
40451150.575000
Procurement Method:
Type:
Contract Start Date
Contract End Date
Contract Type
Retainage
If this is a new contractor, please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department
County Representative Matt Bergstresser County Representative
Phone (970) 920-5394
Provide a brief description of the Contract or Change Order:
Contract Value Summary:
$ 1,278,814.00
$ -
$ -
$ 1,278,814.00
Fleet
Contract to purchase 3 new units of capital equipment.
Original Contract Amount
Previous Change Order/Amendment Amount
This Change order/Amendment amount
Contract Total
No
2023 Capital Asset Purchases
Wagner Equipment, Inc.
$ 504,240.00
Additional Budget Line
Item(s)
(Please fully allocate New Contract Total)
$ 774,574.00
$ -
$ -
$ 1,278,814.00
Outside Agency
Goods, Equipment, Supplies
1/1/2023
12/31/2023
New Contract
007.23
Pitkin County
Procurement Cover Sheet
Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement
Rev. 2018-10-10 btf
Note: Every effort should be made to obtain a written contract when otherwise required under County procedures. When a contract is obtained, complete the Procurement Cover
Sheet and send the original signed contract with coversheet to Procurement office for archiving.
OUTSIDE AGENCY BID MEMORANDUM
TO: File
FROM: Matt Bergstresser, Fleet Manager RE: 2023 Capital Asset Purchases
DATE: December 14, 2022
OUTSIDE AGENCY BID
At the procurement officer’s discretion, a contract may be awarded for a property, service, or construction item on the terms and to the contractor that has been selected under the State of Colorado's or other governmental jurisdiction’s competitive procurement process. The other jurisdiction’s process must maintain the spirit of the County’s procurement standards in order
for the proposal to be accepted by the County (Pitkin County Procurement Code section 3-106.) Contract #: 007.23
Budget Line Item #: 11139150.575000 & 40451150.575000 Description of Project: Capital equipment purchases for fleet and the airport for 2023. These are purchases of new equipment approved for the department.
Outside Agency Procurement process used (Describe briefly the governmental agency whose bid you are using and the terms and conditions of the resulting contract. Include a copy of the outside agency bid in your file.): Sourcewell Contract #032119-CAT Contractor Contacted: Wagner Equipment
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
COUNTY MANAGER: ________________________________________________
!#COUNTY MANAGER#! Date
Matt Bergstresser
Fleet Manager
Dec-14-2022
Dec-14-2022
Deputy County Manager
Rich Englehart
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
1
PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS
THIS CONTRACT, made December 14, 2022 by and between the Board of County
Commissioners of Pitkin County, Colorado, 530 E. Main St., Suite #302, Aspen, CO 81611,
(hereinafter called the “County”) and Wagner Equipment, Inc., 2322 I-70 Frontage Road, Grand
Junction, CO 81505 (hereinafter called the “Vendor”) to perform the following work: 2023 Capital
Asset Purchases (“Project”).
I. Goods Purchased. Vendor shall provide County with the following goods conforming
to the stated description and any Technical Specifications attached to this contract:
Description Department Coding Cost Shipping
CAT 2023
150JOY-BR
AWD Road & Bridge 11139150.575000 $501,740 $2,500
CAT 2023 972 Airport 40451150.575000 $642,900 $2,500
CAT 2023 272D3-CL Airport 40451150.575000 $126,674 $2,500
Total Cost: $1,278,814.00
II. 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 Road, Aspen, CO 81611
Date & Time: Vendor shall deliver the equipment on or before December
31, 2023, on the day and at the time mutually agreed upon by the Vendor
and the County Representative, Matt Bergstresser, or his designated
successor.
III. 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,
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
2
Vendor shall insure the goods for loss or damage in amounts and under appropriate
terms.
IV. Time is of the Essence. Vendor acknowledges that time is of the essence for the
delivery of goods.
V. 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 zero dollars and zero cents ($0.00) 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.
VI. Acceptance of Goods. Delivery of goods shall be complete only upon acceptance
by County. County shall have fifteen (15) 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.
VII. Rejection of Goods. If goods are not delivered according to the specifications and
descriptions of this contract, County may reject goods. 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.
VIII. Warranty and 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 each item of
equipment for the following period of time after the equipment is accepted:
Description Warranty
CAT 2023 150JOY-BR AWD
12 Months Unlimited Hours, Parts & Labor (Travel Time included for the first 6 months) / 150 AWD-84 MO/7000 HR Premier
CAT 2023 972
12 Months Unlimited Hours, Parts & Labor (Travel Time included for the first 6 months) / 972-84 MO/7000 HR Premier
CAT 2023 272D3-CL
12 Months Unlimited Hours, Parts & Labor (Travel Time included for the first 6 months) / 272-60
MO/2000 HR Premier
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
3
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.
IX. 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 One Million Two Hundred Seventy-
Eight Thousand Eight Hundred Fourteen dollars and Zero cents ($1,278,814.00), but
any payment by the County may be offset by any amount the Vendor owes the County
for any reason.
X. 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.
XI. County’s Remedies Upon Default of Vendor. Whenever Vendor shall default in
performance of this contract in accordance with its terms, County shall be entitled to
suit for damages, specific performance or other relief in law or equity.
XII. Assignability. 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.
XIII. 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.
XIV. 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.
XV. 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
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
4
use taxes. Pitkin County is exempt from such taxes under registration numbers 98-
02624 and 84-78000-5K.
XVI. 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.
XVII. Attorney’s Fees. In the event that legal action is necessary to enforce any of the
provisions of this contract, the substantially prevailing party shall be entitled to its costs
and reasonable attorney’s fees.
XVIII. 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,
C.R.S. § 24-10-101, et seq., 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 indemnification 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.
XIX. 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.
XX. Notice. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and
by one of the following methods 1) hand-delivery or 2) registered or certified mail,
postage pre-paid to the mailing addresses set forth below. Each party by notice sent
under this paragraph may change the address to which future notices should be sent.
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
5
Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall be
construed to preclude personal service of any notice in the manner prescribed for
personal service of a summons or other legal process.
To Pitkin County:
Matt Bergstresser 76 Service Center Road Aspen, CO 81611 Email: Matt.Bergstresser@PitkinCounty.com
with copies to:
Pitkin County Attorney’s Office 530 E. Main St., Suite #301 Aspen, Colorado 81611 Email: Attorney@pitkincounty.com
To Contractor: Wagner Equipment, Inc. 2322 I-70 Frontage Road Grand Junction, CO 81505
Phone: (970) 644-7149
Email: shaver_brian@wagnerequipment.com
Contract # 007.23 Revision: 2018-10-10 btf
Budget Line Item # 11139150.575000 & 40451150.575000
6
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. WAGNER EQUIPMENT, Inc. ________________________________________________ !#VENDOR SIGNATURE#! Date
PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL:
_________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date
MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date
Fleet Manager
Matt Bergstresser
Dec-14-2022
Dec-14-2022
Brian Shaver
Territory Sales Representative
Rich Englehart
Deputy County Manager
Dec-14-2022
SALES AGREEMENT DATE
QUOTE#
Dec 07, 2022
250250
Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas
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PURCHASER PITKIN COUNTY FLEET MGMT
STREET ADDRESS 76 SERVICE CENTER RD
CITY/STATE ASPEN,CO COUNTY PITKIN CO
POSTAL CODE 81611-2567 PHONE NO.970 920 5393
CUSTOMER CONTACT:
EQUIPMENT MATT BERGSTRESSER PHONE NO.970 920 5394
PRODUCT SUPPORT MATT BERGSTRESSER PHONE NO.970 920 5394
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<SAME>
INDUSTRY CODE:COUNTY GOVERNMENT(841 )PRINCIPAL WORK CODE:
Ownership 69043 Invoice 69043 Sales Tax Exemption # (if applicable)Customer PO Number Ship Via
Customer #Customer #98-02624 Aurora
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PAYMENT TERMS:(All terms and payments are subject to Finance Company - OAC approval)
NET PAYMENT ON RECEIPT OF INVOICE NET ON DELIVERY FINANCIAL SERVICES CSC LEASE
CASH WITH ORDER $0.00 BALANCE TO FINANCE 0.00 CONTRACT INTEREST RATE 0.00 NOTES:
PAYMENT PERIOD PAYMENT AMOUNT 0.00 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED
MAKE:CATERPILLAR MODEL:150JOY-BR YEAR:2023
STOCK NUMBER:TBD SERIAL NUMBER:TBD SMU:TBA
NEW USED
150 15A AWD MOTOR GRADER SEAT BELT MIRRORS, OUTSIDE HEATED 24V
GLOBAL ARRANGEMENT,LOW AMBIENT PRODUCT LINK, CELLULAR PLE742 CONTROLS, PERF BUNDLE, AWD
MOLDBOARD, 14' PLUS TANK, FUEL, STANDARD GUARD, TRANSMISSION
RIPPER, SNOW WING READY FAN, STANDARD, AWD HEATER, ENGINE COOLANT, 120V
COLD WEATHER PLUS PACKAGE AWD TIRES,14.0R24 MX XSNO+ * G2 MP CIRCLE SAVER
ACCUMULATORS, BLADE LIFT ARTICULATION GUARD LIFT GROUP, MANUAL 1.5" ANSI
PRECLEANER, SY-KLONE COOLANT, 50/50, -35C (-31F)LIFT GROUP, FRONT MOUNTING
ENGINE, TIER IV FUEL ANTIFREEZE, -25C (-13F)LINES, RIPPER, ADDITIONAL
DRAIN, GRAVITY, ENGINE OIL MOUNT,SNOW WING,FRAME RDY LED TOOTH, STRAIGHT
BASE + 5 (WM,WT,DA1,FL,MMS)LIGHTS, WORKING, PLUS, LED SHANKS/TEETH, RIPPER/SCARIFIER
STARTER, ELEC, EXTREME DUTY LIGHTS, LED STROBE BEACON LIFT GROUP, HYDRAULIC 1.5"
LIGHTS, ARM, FOLD DOWN LIGHTS, SERVICE, INTERNAL PLOW 144 HYD REV SNOW 1.5HPL
LIGHTS, ROADING, LED SNOW ARRANGEMENT WING 144/40 RM FIXED
CAB, PLUS (STANDARD GLASS)HEADLIGHTS, FRONT, HIGH, LED Wing Bulkhead and Brake line Guard
CAB, PLUS (INTERIOR)CAMERA, REAR VISION Blue and Amber Strobe
TRADE-IN EQUIPMENT
MODEL:YEAR:SN.:
PAYOUT TO:AMOUNT:PAID BY:
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.
SELL PRICE $501,740.00
SUBTOTAL $501,740.00
TOTAL $501,740.00
CATERPILLAR EQUIPMENT WARRANTY & COVERAGE INITIAL
Tag:\i1\
The customer acknowledges that he has received a copy of the Wagner Equipment Co./Caterpillar Warranty and has read and understood
said warranty. Scheduled oil sampling (S.O.S.) is mandatory with this warranty. The customer is responsible for taking oil samples at
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:
12 Months Unlimited Hours, Parts and Labor (Travel Time included for the first 6months)
150 AWD-84 MO/7000 HR PREMIER
ALLIED WARRANTY & COVERAGE SIGNATURE
Tag:\i3\
USED EQUIPMENT
COVERAGE
INITIAL
Tag:\i2\
All used equipment is sold asis , with all faults. EXCEPT FOR THE FOLLOWING LIMITED
WARRANTY SET FORTH HERE, IF ANY, WAGNER MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.
WAGNER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Customer acknowledges that it is required to fully examine the used equipment and hereby
assumes the risks of any defects which examination ought to reveal.
Warranty applicable:
Preventative Maintenance:
NOTES:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO.
ORDER RECEIVED BY Shaver, Brian
REPRESENTATIVE
PURCHASER
DATE APPROVED AND ACCEPTED ON
ds-dt1
Tag:\d1\
PITKIN COUNTY FLEET MGMT
PURCHASERCustomerSign
BY Tag:\s1\
SIGNATURE
Tag:\s1-Title\
TITLE
Fleet Manager
TERMS AND CONDITIONS (COLORADO, NEW MEXICO OR TEXAS)
1.Pricing is subject to change based on manufacturer changes to cost and availability.
2. 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.
3.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.
4.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. Customer grants Wagner
Equipment the right to assign Wagner Equipment's security interest in the goods to any other entity or person, at any time Wagner Equipment so
chooses.
5.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
6.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.
7.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.
8.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.
9.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.
10.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.
11.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.
12. VENUE:Venue for any and all disputes between the parties will be in state court located in Adams County, Colorado. Purchaser hereby
expressly consents to jurisdiction in Adams County, Colorado and waives any objection based on inconvenient forum and any right to remove any
legal action from the court originally acquiring jurisdiction.
WS2.702.1
INITIAL HERE Tag:\i4\____________________
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SALES AGREEMENT DATE
QUOTE#
Dec 07, 2022
250245
Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas
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PURCHASER PITKIN COUNTY FLEET MGMT
STREET ADDRESS 76 SERVICE CENTER RD
CITY/STATE ASPEN,CO COUNTY PITKIN CO
POSTAL CODE 81611-2567 PHONE NO.970 920 5393
CUSTOMER CONTACT:
EQUIPMENT MATT BERGSTRESSER PHONE NO.970 920 5394
PRODUCT SUPPORT MATT BERGSTRESSER PHONE NO.970 920 5394
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<SAME>
INDUSTRY CODE:COUNTY GOVERNMENT(841 )PRINCIPAL WORK CODE:
Ownership 69043 Invoice 69043 Sales Tax Exemption # (if applicable)Customer PO Number Ship Via
Customer #Customer #98-02624 Aurora
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PAYMENT TERMS:(All terms and payments are subject to Finance Company - OAC approval)
NET PAYMENT ON RECEIPT OF INVOICE NET ON DELIVERY FINANCIAL SERVICES CSC LEASE
CASH WITH ORDER $0.00 BALANCE TO FINANCE 0.00 CONTRACT INTEREST RATE 0.00 NOTES:
PAYMENT PERIOD PAYMENT AMOUNT 0.00 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED
MAKE:CATERPILLAR MODEL:272D3-CL YEAR:2023
STOCK NUMBER:TBD SERIAL NUMBER:TBD SMU:TBA
NEW USED
272D3 CAB,UL,2SP,HQC,WT,CAM,HF INSTRUCTIONS, ANSI, USA
CAB PACKAGE, ULTRA SERIALIZED TECHNICAL MEDIA KIT
LANE 3 ORDER PACKING, ROLL ON - ROLL OFF
RIDE CONTROL SHIPPING/STORAGE PROTECTION
BATTERY,EXTRA HEAVY DUTY, DISC BROOM, HYDRAULIC ANGLE, BA118C
REAR LIGHTS BUCKET-GP, 86", BOCE
DOOR, CAB, POLYCARBONATE SNOW BLOWER, SR321, HF XPS
SEAT BELT, 2"SNOW WING, 8'-13', SSL
PRODUCT LINK, CELLULAR PL243 ROTATING BEACON
TIRES, 12/16.5 CAT 10PR COUNTERWEIGHT,MACHINE,EXTERNAL
QUICK COUPLER, HYDRAULIC KIT, LIGHTS, SIDE
HEATER, ENGINE COOLANT, 120V KIT, SSL FENDERS
FILM, RIDE CONTROL, ANSI CARRIAGE, 46", FORKS, 48", SSL
FILM, SELF LEVEL, ANSI
CERTIFICATION ARR, P65
TRADE-IN EQUIPMENT
MODEL:YEAR:SN.:
PAYOUT TO:AMOUNT:PAID BY:
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.
SELL PRICE $126,674.00
SUBTOTAL $126,674.00
TOTAL $126,674.00
CATERPILLAR EQUIPMENT WARRANTY & COVERAGE INITIAL
Tag:\i1\
The customer acknowledges that he has received a copy of the Wagner Equipment Co./Caterpillar Warranty and has read and understood
said warranty. Scheduled oil sampling (S.O.S.) is mandatory with this warranty. The customer is responsible for taking oil samples at
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:
2 year / 2,000 Hour Parts & Labor Warranty (Travel Time Included For The First 6Months)
272-60 MO/2000 HR PREMIER
ALLIED WARRANTY & COVERAGE SIGNATURE
Tag:\i3\
USED EQUIPMENT
COVERAGE
INITIAL
Tag:\i2\
All used equipment is sold asis , with all faults. EXCEPT FOR THE FOLLOWING LIMITED
WARRANTY SET FORTH HERE, IF ANY, WAGNER MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.
WAGNER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Customer acknowledges that it is required to fully examine the used equipment and hereby
assumes the risks of any defects which examination ought to reveal.
Warranty applicable:
Preventative Maintenance:
NOTES:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO.
ORDER RECEIVED BY Shaver, Brian
REPRESENTATIVE
PURCHASER
DATE APPROVED AND ACCEPTED ON
ds-dt1
Tag:\d1\
PITKIN COUNTY FLEET MGMT
PURCHASERCustomerSign
BY Tag:\s1\
SIGNATURE
Tag:\s1-Title\
TITLE
Fleet Manager
TERMS AND CONDITIONS (COLORADO, NEW MEXICO OR TEXAS)
1.Pricing is subject to change based on manufacturer changes to cost and availability.
2. 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.
3.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.
4.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. Customer grants Wagner
Equipment the right to assign Wagner Equipment's security interest in the goods to any other entity or person, at any time Wagner Equipment so
chooses.
5.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
6.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.
7.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.
8.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.
9.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.
10.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.
11.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.
12. VENUE:Venue for any and all disputes between the parties will be in state court located in Adams County, Colorado. Purchaser hereby
expressly consents to jurisdiction in Adams County, Colorado and waives any objection based on inconvenient forum and any right to remove any
legal action from the court originally acquiring jurisdiction.
WS2.702.1
INITIAL HERE Tag:\i4\____________________
ds-init1
SALES AGREEMENT DATE
QUOTE#
Dec 07, 2022
250391
Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas
S
O
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PURCHASER PITKIN COUNTY FLEET MGMT
STREET ADDRESS 76 SERVICE CENTER RD
CITY/STATE ASPEN,CO COUNTY PITKIN CO
POSTAL CODE 81611-2567 PHONE NO.970 920 5393
CUSTOMER CONTACT:
EQUIPMENT MATT BERGSTRESSER PHONE NO.970 920 5394
PRODUCT SUPPORT MATT BERGSTRESSER PHONE NO.970 920 5394
S
H
I
P
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<SAME>
INDUSTRY CODE:COUNTY GOVERNMENT(841 )PRINCIPAL WORK CODE:
Ownership 69043 Invoice 69043 Sales Tax Exemption # (if applicable)Customer PO Number Ship Via
Customer #Customer #98-02624 Aurora
T
E
R
M
S
PAYMENT TERMS:(All terms and payments are subject to Finance Company - OAC approval)
NET PAYMENT ON RECEIPT OF INVOICE NET ON DELIVERY FINANCIAL SERVICES CSC LEASE
CASH WITH ORDER $0.00 BALANCE TO FINANCE 0.00 CONTRACT INTEREST RATE 0.00 NOTES:
PAYMENT PERIOD PAYMENT AMOUNT 0.00 NUMBER OF PAYMENTS 0 OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED
MAKE:CATERPILLAR MODEL:972 YEAR:2023
STOCK NUMBER:TBD SERIAL NUMBER:TBD SMU:TBA
NEW USED
972 14A WHEEL LOADER COOLING CORES, 9FPI GUARD, TILT CYLINDER
STANDARD PACKAGE FAN, STANDARD PROTECTION, CYLINDER ROD
LINKAGE, STANDARD LIFT ANTIFREEZE, -34C (-29F)STORAGE PROTECTION
COUNTERWEIGHT, AGGREGATE TIRES, 26.5R25 BS VJT * L3 BKT GP ST 126" 5.75YD3 FUS
AXLES, AUTO/AUTO, SGR, AOC,WHL AIR INLET PRECLEANER, TURBINE CUTTING EDGE, HEAVY DUTY
AXLE OIL COOLER, ED FENDERS, FRONT W/REAR EXTN ITA PALLET FORK CARRIAGE, 84"
HYDRAULICS, 4V RC, STD SOUND SUPPRESSION, STANDARD ITA TINE, PALLET FORK 72"
QUICK COUPLER READY, STD QUICK COUPLER, FUSION ARM, MATERIAL HANDLING
HYDRAULIC OIL, STANDARD 3V+4V IMPLEMENT LINES (QC)REGIONAL PACKAGE,AM-N LHD JSTK
STARTING, COLD (120V)AUTOLUBE, STD CAB, PREMIUM, STRG JOYSTICK
LIGHTS, LED PREMIUM LIGHTS, REVERSING STROBE LEVERS 4V, STEERING JOYSTICK
FILTRATION, STANDARD LIGHT, WARNING BEACON STEERING SYS, STD JSTK
WINDOWS, STANDARD LIGHTS, SERVICE/ACCESS 26.5 Siped Maxam Snow Tires
PRODUCT LINK, CELLULAR PLE643 CAMERA, DEDICATED REAR VIEW Twist to Connect Couplings
TECHNOLOGY, PAYLOAD, ASSIST GUARD, HINGED, POWERTRAIN BKT LM 12yd Fusion
TRADE-IN EQUIPMENT
MODEL:YEAR:SN.:
PAYOUT TO:AMOUNT:PAID BY:
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.
SELL PRICE $642,900.00
SUBTOTAL $642,900.00
TOTAL $642,900.00
CATERPILLAR EQUIPMENT WARRANTY & COVERAGE INITIAL
Tag:\i1\
The customer acknowledges that he has received a copy of the Wagner Equipment Co./Caterpillar Warranty and has read and understood
said warranty. Scheduled oil sampling (S.O.S.) is mandatory with this warranty. The customer is responsible for taking oil samples at
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:
12 Months Unlimited Hours, Parts and Labor (Travel Time included for the first 6months)
972-84 MO/7000 HR PREMIER
ALLIED WARRANTY & COVERAGE SIGNATURE
Tag:\i3\
USED EQUIPMENT
COVERAGE
INITIAL
Tag:\i2\
All used equipment is sold asis , with all faults. EXCEPT FOR THE FOLLOWING LIMITED
WARRANTY SET FORTH HERE, IF ANY, WAGNER MAKES NO WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.
WAGNER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Customer acknowledges that it is required to fully examine the used equipment and hereby
assumes the risks of any defects which examination ought to reveal.
Warranty applicable:
Preventative Maintenance:
NOTES:
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO.
ORDER RECEIVED BY Shaver, Brian
REPRESENTATIVE
PURCHASER
DATE APPROVED AND ACCEPTED ON
ds-dt1
Tag:\d1\
PITKIN COUNTY FLEET MGMT
PURCHASERCustomerSign
BY Tag:\s1\
SIGNATURE
Tag:\s1-Title\
TITLE
Fleet Manager
TERMS AND CONDITIONS (COLORADO, NEW MEXICO OR TEXAS)
1.Pricing is subject to change based on manufacturer changes to cost and availability.
2. 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.
3.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.
4.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. Customer grants Wagner
Equipment the right to assign Wagner Equipment's security interest in the goods to any other entity or person, at any time Wagner Equipment so
chooses.
5.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
6.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.
7.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.
8.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.
9.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.
10.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.
11.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.
12. VENUE:Venue for any and all disputes between the parties will be in state court located in Adams County, Colorado. Purchaser hereby
expressly consents to jurisdiction in Adams County, Colorado and waives any objection based on inconvenient forum and any right to remove any
legal action from the court originally acquiring jurisdiction.
WS2.702.1
INITIAL HERE Tag:\i4\____________________
ds-init1
Sourcewell Contract #032119-CAT | Amendment #1
Page 1 of 1
AMENDMENT #1
TO
CONTRACT #032119-CAT
THIS AMENDMENT is by and between Sourcewell and Caterpillar Inc. (Vendor).
Sourcewell awarded a contract to Vendor for Heavy Construction Equipment with Related
Accessories, Attachments, and Supplies effective May 13, 2019, through May 13, 2023
(Contract). Vendor implemented changes to its dealer reporting system and now wishes to
modify the Contract to accurately report Administrative Fee payment calculations.
The parties wish to amend the following terms within the Contract:
1. This Amendment is effective upon the date of the last signature below.
2. Any Contract term related to calculation of Administrative Fee that is paid to Sourcewell
is deleted and replaced with the following:
“Vendor will pay to Sourcewell an Administration Fee calculated at 0.33% of Caterpillar’s
MSRP for each piece of equipment purchased by Sourcewell’s Participating Entities.
Caterpillar will pay the Administration Fee to Sourcewell on a quarterly basis.”
Except as amended above, the Contract remains in full force and effect.
Sourcewell Caterpillar Inc.
By: By:
Jeremy Schwartz, Chief Procurement Officer Dawn Zink
Date: Title:
Approved: Date:
By:
Chad Coauette, Executive Director/CEO
Date:
Letter of Agreement
To Extend the Contract
Between
Caterpillar Inc.
100 NE Adams St.
Peoria, IL 61629
And
Sourcewell
202 12th Street NE
Staples, MN 56479
Phone: (218) 894-1930
The Vendor and Sourcewell have entered into an Agreement (Contract #032119-CAT) for the
procurement of Heavy Construction Equipment with Related Accessories, Attachments and
Supplies. This Agreement has an expiration date of May 13, 2023, but the parties may extend
the Agreement for one additional year by mutual consent.
The parties acknowledge that extending the Agreement for another year benefits the Vendor,
Sourcewell and Sourcewell’s members. The Vendor and Sourcewell therefore agree to extend
the Agreement listed above for a fifth year. This existing Agreement will terminate on May 14,
2024. All other terms and conditions of the Agreement remain in force.
Sourcewell
By: ___________________________________________, Its: Director of Operations &
Procurement/CPO
Name printed or typed: Jeremy Schwartz___________________________________________
Date
Caterpillar Inc.
By: ___________________________________________, Its: _________________________
Name printed or typed: _________________________________________________________
Date
'
$% "& %$ & " #$& !
'
&$ $"%
2022 Sourcewell Caterpillar Cooperative Contract Discounts by Model
Machine Model*New
Equipment
2022 Discount to Customer
(Off List Price)
Pavers
AP300 18.00%NOTE: Due to global supply chain cost increases:
AP355 18.00%
AP500 18.00%
1.All new machines are subject to a commodity surcharge of up to 16%. (In some cases, increased tire costs may cause this number to be greater)
2.All new attachments are subject to a commodity surcharge of up to 25%.
AP555 18.00%
AP600 18.00%
AP655 18.00%
AP1000 18.00%
AP1055 18.00%
Rollers
CB1.7 19.00%
CB1.8 19.00%
CB7 19.00%
CB8 19.00%
CB10 19.00%
CB13 19.00%
CB15 19.00%
CB16 19.00%CB2.5 19.00%
CB2.5GC 19.00%
CB2.7 19.00%
CB2.7GC 19.00%
CB2.9 19.00%
CB4.0 19.00%
CB4.4 19.00%
CC2.7 19.00%
CC2.7GC 19.00%
CC4.0 19.00%
CC S7 19.00%
CCS9 19.00%CP11GC 19.00%
CP12GC 19.00%
CP34 19.00%
CP44 19.00%
CP54 19.00%
CP56 19.00%
CP68 19.00%CP74 19.00%
CS10GC 19.00%
CS11GC 19.00%
CS12GC 19.00%
CS34 19.00%
CS44 19.00%
CS54 19.00%
CS56 19.00%
CS64 19.00%
CS68 19.00%
CS74 19.00%CS78 19.00%
CW16 19.00%CW34 19.00%
Track Type Tractors
D1 23.00%
D1 Fire Dozer 23.00%
D2 23.00%
D2 Fire Dozer 23.00%
D3 23.00%
D3 Fire Dozer 23.00%
D4 23.00%
D5 23.00%
D5 Fire Dozer 23.00%
D6 23.00%
D7 19.00%
D8 19.00%D9 10.00%
D10 10.00%
Wheeled Excavators
M314 26.00%M315 26.00%M316 26.00%M317 26.00%M318 26.00%M320 26.00%M322 26.00%
Material Handlers
MH3022 26.00%
MH3024 26.00%
MH3026 26.00%
Cold Planers
PM310 20.00%
PM312 20.00%
PM313 20.00%
PM620 20.00%
PM622 20.00%
PM820 20.00%
PM822 20.00%
PM825 20.00%
Reclaimers
RM400 20.00%
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar
Machine price list.
1 of 4#Caterpillar: Confidential Green
Machine Model*New
Equipment
2022 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar
Machine price list.
RM500 20.00%
Telehandlers
TH255 23.00%
TH3510 24.00%
TH357 24.00%
TH408 24.00%
TH514 24.00%
TL642 24.00%
TL943 24.00%
TL1055 24.00%
TL1255 24.00%
Motor Graders
12 30.00%
120 34.00%
140 30.00%
140GC 30.00%
150 30.00%
160 30.00%
14 19.00%
Skid Steer Loaders
226 21.00%232 21.00%236 21.00%242 21.00%246 21.00%262 21.00%272 21.00%
Compact Track Loaders
239 21.00%249 21.00%259 21.00%279 21.00%289 21.00%299 21.00%299XE Land Management 21.00%
Excavators
2 of 4#Caterpillar: Confidential Green
Machine Model*New
Equipment
2022 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar
Machine price list.
300.9 20.00%
301.4 20.00%
301.5 20.00%
301.7 20.00%
301.8 20.00%
302 20.00%302.4 20.00%302.5 20.00%302.6 20.00%302.7 20.00%303 20.00%303.5 20.00%304 20.00%304.5 20.00%305 20.00%305.5 20.00%306 20.00%306.5 20.00%307 20.00%307.5 20.00%308 20.00%308.5 20.00%309 20.00%310 20.00%311 18.00%313 15.00%313GC 16.00%
315 19.00%
315GC 16.00%
316 19.00%
317 16.00%
317GC 16.00%
318 16.00%
320 15.00%
320GC 16.00%
323 15.00%
325 15.00%
326 15.00%
330 15.00%
330GC 16.00%
335 15.00%336 15.00%340 15.00%349 15.00%350 15.00%352 15.00%
374 10.00%395 5.50%
Forest Machines
538 15.00%548 15.00%558 15.00%
3 of 4#Caterpillar: Confidential Green
Machine Model*New
Equipment
2022 Discount to Customer
(Off List Price)
*Note: Base machines are listed. There may be several different base machine configurations available. The base machine discount will be applied to any model configuration plus any and all options listed on the Caterpillar
Machine price list.
568 15.00%
Backhoe Loaders
415 22.00%416 22.00%420 22.00%430 22.00%432 22.00%440 22.00%450 22.00%
Wheel Tractor Scrapers
621 18.00%
623 18.00%
627 18.00%
631 18.00%
637 18.00%
651 18.00%
657 18.00%
Articulated Trucks
725 17.00%730 17.00%735 17.00%740 17.00%740GC 17.00%745 17.00%
Rigid Frame Trucks
770 3.00%
773 3.00%
Landfill Compactors
816 12.00%
826 12.00%
836 12.00%
Wheel Dozers and Soil Compactors
814 15.00%815 13.00%824 15.00%825 13.00%834 15.00%
Wheel Loaders
903 23.00%
906 23.00%
907 23.00%
908 23.00%
910 23.00%
914 23.00%
918 24.00%
920 23.00%
924 24.00%
926 24.00%
930 24.00%
938 24.00%
950GC 20.00%
950M 18.00%
962 18.00%
966 15.00%
972 11.00%
980 11.00%
982 11.00%
988 11.00%
Track Loaders
953 19.00%
963 22.00%
973 23.00%
Aftermarket Worktools 15.00%
Caterpillar Safety Services 15.00%Technology Enabled Safety
Solutions 5.00%
Used Equipment is discounted 20% from Original Customer List
Rental Equipment is offered under Sourcewell contract #062323-CAT
Parts & Service is discounted by the servicing dealer according to work order volume
4 of 4#Caterpillar: Confidential Green
Certificate Of Completion
Envelope Id: 09800BE7771A49C38BA713DD407D8731 Status: Completed
Subject: Wagner Equipment, Inc. | Pitkin County Contract 007.23 for Review and Signature
Source Envelope:
Document Pages: 35 Signatures: 5 Envelope Originator:
Certificate Pages: 5 Initials: 0 Pitkin County Procurement
AutoNav: Enabled
EnvelopeId Stamping: Disabled
Time Zone: (UTC-07:00) Mountain Time (US & Canada)
530 East Main Street
Suite 203
Aspen, CO 81611
Procurement@PitkinCounty.com
IP Address: 65.38.144.66
Record Tracking
Status: Original
12/14/2022 1:06:03 PM
Holder: Pitkin County Procurement
Procurement@PitkinCounty.com
Location: DocuSign
Signer Events Signature Timestamp
Matt Bergstresser
matt.bergstresser@pitkincounty.com
Fleet Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 65.38.144.66
Sent: 12/14/2022 1:31:17 PM
Viewed: 12/14/2022 1:31:34 PM
Signed: 12/14/2022 1:33:17 PM
Electronic Record and Signature Disclosure:
Accepted: 12/14/2022 1:31:34 PM
ID: c73a2ba3-a1fb-45fb-8869-af7f5855ed11
Company Name: Pitkin County, Colorado
Brian Shaver
shaver_brian@wagnerequipment.com
Territory Sales Representative
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 184.167.242.45
Sent: 12/14/2022 1:33:22 PM
Viewed: 12/14/2022 2:59:21 PM
Signed: 12/14/2022 3:02:00 PM
Electronic Record and Signature Disclosure:
Accepted: 12/14/2022 2:59:21 PM
ID: 96bb9e70-1d96-49b0-aa88-db4cea4524e7
Company Name: Pitkin County, Colorado
Rich Englehart
rich.englehart@pitkincounty.com
Deputy County Manager
Pitkin County
Signing Group: County Manager Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.34.180.169
Sent: 12/14/2022 3:02:05 PM
Viewed: 12/14/2022 3:06:05 PM
Signed: 12/14/2022 3:06:24 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement
procurement@pitkincounty.com
Procurement Manager
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2022 3:06:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email, Account Authentication
(None)
Sent: 12/14/2022 3:06:31 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/14/2022 1:31:17 PM
Certified Delivered Security Checked 12/14/2022 3:06:05 PM
Signing Complete Security Checked 12/14/2022 3:06:24 PM
Completed Security Checked 12/14/2022 3:06:31 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County (we, us or Pitkin County) may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you, please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above, please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Electronic Record and Signature Disclosure created on: 3/20/2020 3:28:13 PM
Parties agreed to: Matt Bergstresser, Brian Shaver
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions, please
confirm your agreement by clicking the 'I agree' button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.