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Home My WebLink Aboutbocc.con.003.258/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item 41652150.575500 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: $ 216,981.25 $ - $ - $ 216,981.25 Fleet Conveyor and Stacker Purchase Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total No Conveyor Belt Scale and Stacker Purchase Wagner Equipment Co. $ 216,981.25 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 216,981.25 Sole Source Goods, Equipment, Supplies 1/1/2025 9/30/2025 New Contract 003.25 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 2023.12.15 CDD 1 PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST TO: County Manager DATE: January 1, 2025 FROM: Matt Bergstresser, Fleet Manager Proposed Contractor: Wagner Equipment Product/Service: Conveyor Scale & Stacker Purchase for SWC Estimated expenditure for the above Product/Service: $ 216,981.25 This form is required in documenting a Sole Source exception from an otherwise competitive bidding process when sufficient competition does not exist, a single vendor represents a clear and best value to Pitkin County, or other factors are present that preclude other vendors from being able to provide the product(s), service(s), and/or construction. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etc): Explain: Wagner Equipment is a trusted support dealer with a track record of helping the County obtain the highest quality goods in an efficient manner and in line with the County's budget. In this case, Wagner Equipment was the sole source dealer for the purchase of the two new pieces of equipment because: 1) Wagner has the products in stock and can provide them as soon as possible with no build delays; 2) Wagner provides local product support and parts from the Western Slope; and 3) the equiqment is identical to the existing Fleet unit. Rev 2023.12.15 CDD 2 The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. Department Representative Department Director !#COUNTY REPRESENTATIVE#! Date !#SECTION LEADER#! Date County Manager Reason for Denial: ________________________________________ !#COUNTY MANAGER SOLE#! Date Fleet Manager Jan-06-2025 Matt Bergstresser Public Works Director Brian Pettet Jan-06-2025 Deputy County Manager Jan-07-2025 Rich Englehart Contract # 003.25 Revision: 2024.11.07 CDD 1 PITKIN COUNTY CONTRACT FOR THE PURCHASE OF GOODS THIS CONTRACT, made January 1, 2025 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 Co., 2322 I-70 Frontage Road, Grand Junction, CO 81505 (hereinafter called the “Vendor”) to perform the following work: Conveyor Scale and Stacker Purchase (“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: One (1) New Loadrite C2850 Belt Scale (with installation) One (1) New McCloskey ST100TLA Tracked Stacker One (1) New CAT C2.8 T4F/Stage V 74hp Engine Additional parts and materials as specified in Attachment A. 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, or as otherwise specified by County Representative, Matt Bergstresser Date: On or before August 1, 2025 Time: As agreed upon by Vendor and County Representative 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, 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. Contract # 003.25 Revision: 2024.11.07 CDD 2 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 that for a period of 24 months or 3,000 hours, whichever comes first after goods are accepted, Vendor will, at Vendor’s own expense, without any cost to the County, replace all defective parts and make any repairs to the goods that may be required or made necessary by reason of defective material or workmanship. Where practicable, warranty repairs are to be made in the field; however, in the event of major repairs, the goods may be transported to Vendor’s facility at no cost to the County. C. Extended Warranties. In addition to the above, the County may avail itself of the Vendor’s standard and/or extended warranties. The Vendor shall offer to the County any extended warranties, which may be available from the manufacturer at the time of delivery, or any subsequent extended warranties, for which the County may be eligible, which become available thereafter. The County is under no obligation to accept and pay for these extended warranties however. 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 Two Hundred Six Thousand Nine Contract # 003.25 Revision: 2024.11.07 CDD 3 Hundred Eighty-One dollars and Twenty-Five cents ($206,981.25), 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 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 Contract # 003.25 Revision: 2024.11.07 CDD 4 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. Accessibility. Contractor shall comply with and the Work Product provided under this Contract shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Contractor shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. The County may require Contractor’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the County to attest to Contractor’s Work Product and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. A. Accessibility Indemnification Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to Contractor’s failure to comply with §§24-85- 101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. XX. 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. Contract # 003.25 Revision: 2024.11.07 CDD 5 XXI. 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. 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 Co. 2322 I-70 Frontage Road Grand Junction, CO 81505 Phone: (303) 739-3121 Email: holtmeyer_tyler@wagnerequipment.com Contract # 003.25 Revision: 2024.11.07 CDD 6 IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set out herein above. WAGNER EQUIPMENT CO. ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL: _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date DIRECTOR APPROVAL: ________________________________________________ !#SECTION LEADER#! Date COUNTY MANAGER APPROVAL: ________________________________________________ !#COUNTY MANAGER#! Date Fleet Manager Matt Bergstresser Jan-06-2025 Jan-06-2025 Public Works Director Brian Pettet Region Manager - Crushing and Screening Tyler Holtmeyer Jan-06-2025 Jan-07-2025 Deputy County Manager Rich Englehart SALES AGREEMENT DATE QUOTE# Dec 03, 2024 281574 Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas SOL D TO 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.970 309 8322 PRODUCT SUPPORT MATT BERGSTRESSER PHONE NO.970 309 8322 SHI P TO PITKIN COUNTY 32046 JACK GREDIG LN. ASPEN,CO PITKIN , 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 TE RMS 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:TBA MODEL:CSC YEAR:TBA STOCK NUMBER:TBA SERIAL NUMBER:TBA SMU:TBA NEW USED LOADRITE C2850 BELT SCALE W/ INSTALLATION MCCLOSKEY ST100TLA TRACKED STACKER CAT C2.8 T4F/Stage V 74hp Hydraulic Oil AW46 Standard Chassis Standard Hopper Plain Belt Wireless Track Remote Control Radial Lift Axle With Wireless Remote Belt Scraper Upgrade On Conveyor Additional Protective Guarding 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 $206,981.25 SUBTOTAL $206,981.25 TOTAL $206,981.25 AGCO WARRANTY & COVERAGE INITIALTag:\i1\ The customer acknowledges that he has received a copy of the Wagner Equipment Co./AGCO Warranty and has read and understood saidwarranty. ALLIED WARRANTY & COVERAGE SIGNATURETag:\i3\ Warranty applicable including expiration date where necessary: 24 months 3000 hours, whichever comes first USED EQUIPMENT COVERAGE INITIALTag:\i2\ All used equipment is sold asis , with all faults. EXCEPT FOR THE FOLLOWING LIMITEDWARRANTY SET FORTH HERE, IF ANY, WAGNER MAKES NO WARRANTY OF ANYKIND, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OFMERCHANTABILITY, 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 herebyassumes 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 Martinek, Jacob REPRESENTATIVE PURCHASER DATE APPROVED AND ACCEPTED ON ds-dt1Tag:\d1\ PITKIN COUNTY FLEET MGMT PURCHASERCustomerSign BY Tag:\s1\ SIGNATURE Tag:\s1-Title\ TITLE ! Attachment A 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 andattachments described on the face hereof (referred to herein generally as “equipment” and “goods” interchangeably) to Customer under the termsand conditions specified herein. This offer may be accepted by(1)the execution of this MSO by a representative of Customer or (2)Customer’sverbal or written authorizations or conduct consistent with prior course of dealing between the parts authorizing WAGNER to take action to fulfillthis order, or (3)the commencement of manufacture or shipment of the goods or services specified in this Order, whichever of the foregoing firstoccurs. Acceptance of this offer is limited to the express terms stated in this Order. Any proposal in Buyer’s acceptance for additional or differentterms 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 thisoffer 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 ofthe description, quantity, price or delivery schedule of the goods or services, but shall be deemed a material alteration of this Order and this offershall be deemed accepted by Seller without said additional or different terms. Once accepted, this Order shall constitute the entire agreementbetween WAGNER and Customer. WAGNER is not bound by any representation or agreements, express, or implied, oral or otherwise, which arenot stated within this agreement or contained in a separate writing supplementing this agreement and signed by authorized agents of bothWAGNER and Customer.3.TIME OF DELIVERY and SHIPPING:Orders for equipment are processed in the order of their acceptance by WAGNER and WAGNER will useits reasonable efforts to deliver the equipment to You on the scheduled delivery date on the face hereof. However, shipping and delivery dates areacknowledged to be estimates only and dependent upon many factors outside of WAGNER’s control including, but not limited to, themanufacturer’s production schedule, material and labor shortages, shipping delays and various other unrelating factors. WAGNER is not liable fordelays or damages caused by delays in delivery or shipment of the equipment, unless stated on the face of this order to the contrary. You areresponsible 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 ofwhatever nature to WAGNER, Customer grants to WAGNER a security interest in the goods described on the reverse side hereof, together withany 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 WagnerEquipment the right to assign Wagner Equipment's security interest in the goods to any other entity or person, at any time Wagner Equipment sochooses.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 shipmentceases upon delivery of the goods to a transportation company. Customer shall carry such fire and other insurance as necessary to protect itsinterest and the interest of WAGNER. Any claim by Customer for shortage in shipment shall be made within fifteen (15) days after receipt of theshipment. 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 defaultor breech. The shortage in shipment notice must be in writing within fifteen (15) days and further, shortage in shipment is not deemed to constitutea nonconformity6.Any notices pertaining to rejection or claims of nonconformity must be made in writing specifying in detail Customer’s objections and suchnotices 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 resellthe goods, even in the absence of instructions from WAGNER, and Customer will store the goods or reship the goods to WAGNER. ShouldCustomer sell the goods, such sale shall be deemed an unequivocal acceptance of the goods. If Customer accepts goods tendered under thisagreement, 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 anyobligation owed or of the performance of any obligation by Customer shall be made without written permission of WAGNER. Any attemptedassignment 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 withthis agreement. Customer agrees to pay all costs incurred by WAGNER in enforcing this agreement or any of is provisions, including withoutlimitation reasonable attorney’s fees and costs and all costs of reclaiming the goods, whether or not legal action is commenced. In the event thegoods are reclaimed, Customer agrees that WAGNER may bid on the goods and that a commercially reasonable price for said reclaimed goods , apublic sale , may be determined by WAGNER based upon current national auction values, market trends relating to supply and demand, andrelated 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 suchterms 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 eventCustomer 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 theManufacturer of the goods of WAGNER, In the event of shipment of non-conforming goods, WAGNER shall be given a reasonable opportunity toreplace 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 performanceof 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 orother labor dispute, or any other cause, contingency, occurrence or circumstance of any nature, whether or not similar to those herein beforespecified beyond WAGNER’s control, which prevents, hinders or interferes with manufacture, assembly or delivery of the goods or performance ofthe 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 herebyexpressly consents to jurisdiction in Adams County, Colorado and waives any objection based on inconvenient forum and any right to remove anylegal action from the court originally acquiring jurisdiction. WS2.702.1 INITIAL HERE Tag:\i4\____________________ ds-init1 DIGITAL AUTHORIZATION CATERPILLAR TELEMATICS DATA AND CAT REMOTE SERVICES-SOFTWARE UPDATES PROCESS FOR SELECT PRODUCT LINK TELEMATICS AND CAT EQUIPMENT CONTROL MODULE SOFTWARE. Customer equipment has installed devices that transmit data to Caterpillar Inc. ("Caterpillar"). Data transmitted to Caterpillar is used in accordance with Caterpillar's Data Governance Statement ("DGS"), which describes Caterpillar's practices for collecting, sharing and using data and information related to customer’s machines, products, Devices or other Assets and their associated worksites. The DGS can be reviewed at https://www.caterpillar.com/en/legal-notices/data-governance-statement.html Caterpillar’s process for performing remote diagnostics and making available remote software and firmware updates and upgrades, such as configuration, patches, bug fixes, new or enhanced features, etc., for Assets and Devices is described in the Cat® Remote Services – Software Update Process for select Product Link™ Telematics and Cat Equipment Control Module Software document (the “RSP Document”) The RSP Document can be reviewed at https://www.cat.com/remoteservicesprocess?_ga=2.245276421.1412167159.1561985855-475983137.1559312215. Company acknowledges and agrees to data transmission to Caterpillar via devices installed on Company equipment or by other means as outlined and described in the DGS, and grants to Caterpillar the right to collect, use, and share such information, including to its Distribution Networks or other affiliates,in accordance with the Caterpillar Data Governance Statement . Company's authorization also applies to any data and information previously collected by Caterpillar. AGREE DECLINE Company acknowledges and agrees to participate in Remote Services (including, remote diagnostics and remote updates and upgrades) and authorizes Caterpillar to remotely access, program, and install updates and upgrades for Company’s Assets and Devices in accordance with the Remote Services Process Document. AGREE DECLINE The rights granted in this authorization survive the termination or expiration of the Company’s subscriptions to any Digital Offerings. Except as setoutinawritten agreement between Company and Caterpillar expressly referencing the Data Governance Statement, this authorization supercedes and replaces any other authorizations with regard to the subject matter hereof. PITKIN COUNTY FLEET MGMT Company Company (Print) Company Representative (Print) Signature Dec 03, 2024 Date FOR DEALER USE ONLY Company UCID Company Representative CWS ID Main Store Dealer Code Dealer Representative Name Dealer Representative CWS ID Caterpillar: Confidential Green ! Certificate Of Completion Envelope Id: 8FA82727-01D7-41AE-A645-54B8278D2308 Status: Completed Subject: Wagner Equipment Co. | Pitkin County Contract 003.25 for Review and Signature Source Envelope: Document Pages: 12 Signatures: 7 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 1/3/2025 12:04:44 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: 1/3/2025 12:08:37 PM Viewed: 1/6/2025 6:04:24 AM Signed: 1/6/2025 6:04:49 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2025 10:33:11 AM ID: e6fc71a2-f032-445a-a23b-a49ccc098d82 Company Name: Pitkin County, Colorado Brian Pettet Brian.Pettet@PitkinCounty.com Public Works Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.190.132.222 Signed using mobile Sent: 1/6/2025 6:04:51 AM Viewed: 1/6/2025 10:25:20 AM Signed: 1/6/2025 10:26:07 AM Electronic Record and Signature Disclosure: Accepted: 1/6/2025 10:26:46 AM ID: c75f4490-ba1c-4787-9dd4-62840d7dd4f6 Company Name: Pitkin County, Colorado Tyler Holtmeyer Holtmeyer_Tyler@wagnerequipment.com Region Manager - Crushing and Screening Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 174.16.142.31 Signed using mobile Sent: 1/6/2025 10:26:09 AM Viewed: 1/6/2025 9:32:58 PM Signed: 1/6/2025 9:34:56 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2025 9:32:58 PM ID: 3f56cbf3-423e-41bc-aab5-d98ae4b9a3fd 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: 172.103.36.130 Sent: 1/6/2025 9:34:59 PM Viewed: 1/7/2025 8:36:54 AM Signed: 1/7/2025 8:37:07 AM Signer Events Signature Timestamp 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 Specialist Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/7/2025 8:37:09 AM Resent: 1/7/2025 8:37:17 AM 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: 1/7/2025 8:37:09 AM Viewed: 1/7/2025 8:38:32 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Connie Baker connie.baker@pitkincounty.com Budget Director Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/7/2025 8:37:10 AM Viewed: 1/7/2025 8:44:27 AM 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 1/3/2025 12:08:37 PM Certified Delivered Security Checked 1/7/2025 8:36:54 AM Signing Complete Security Checked 1/7/2025 8:37:07 AM Completed Security Checked 1/7/2025 8:37:10 AM 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 Pettet, Tyler Holtmeyer 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.