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HomeMy WebLinkAbout20042204 RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF THE EXCAVATOR PURCHASE WITH TRADE-IN/2004 JOHN DEERE 160CLC BID - DEPARTMENT OF PUBLIC WORKS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting period for Excavator Purchase with Trade-In/2004 John Deere 160CLC for the Department of Public Works, Bid Request No. B017-04, since this is a sole source bid, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten- day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for the Excavator Purchase with Trade- In/2004 John Deere 160CLC for the Department of Public Works, Bid Request No. B017-04 be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the sole bid from Colorado Machinery be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ����► g EXCUSED mei � Robert D. Masden, Chair +� erk to the Board .41 tA 1861 rly William H. <e, Pro-Tern ® ' 4 �,Jerk to the Board -� � ‘ _`. Geile AP..__ AS RM: t-ALX, Davi E. Long ty Attorney t � � Glenn a _`' a Date of signature: / 2004-2204 P00013 )) o 1k5ro BID REQUEST NO. B017-04 RE: EXCAVATOR PURCHASE WITH TRADE-IN/2004 JOHN DEERE 160CLC PUBLIC WORKS DEPARTMENT The following bid will be presented to the Weld Board of County Commissioners on Wed. July 2181, and approved the same day: PURCHASE AMOUNT VENDOR AMOUNT TRADE-IN DUE fr COLORADO MACHINERY $159,399.00 $124,155.00 $35,594.00 125 JOHN DEERE DRIVE FT COLLINS CO 80524 2004-2204 • MEMORANDUM ri '\ TO: Pat Persichino, DATE: 15 July 2004 hector of General Services : Jeff Jerome, Operations Division Manager, CPublic Works Department O SUBJECT: Hydraulic Excavator Replacement. BID NO. B017-04 COLORADO The Public Works Department recommends that the Board of Weld County Commissioners approve the replacement of one 2004 John Deere 160CLC hydraulic excavator for$35,594 with trade-in. This replacement is budgeted in the 2004 Equipment Replacement Plan and has $30,000 budgeted for this item. Additional funds to make up the difference are available in the Public Works Motorpool Fund due to Motorgrader Bids coming in $21,000 under budget. The Excavator is one of the two excavators used in daily ditching operations and this routine replacement keeps both pieces of equipment under extended warranty with an annual operational cost of$4000 and no repair costs. If you have any questions, please call me at extension 3754. • 4297256 JOHN DEERE Customer Purchase Order for John Deere Construction and Forestry Products Weld NAME&ADDRESS(First Signer) Date of Order Company Unit Dealer Order No. Dealer Account No. NAME county @ Initial, W 06/07/2004 U.S.A. I-uDIIC Workcsuepar ment/attn: Dale Elliott SCASH ALE LEASE STIMLE SOC.SEC. IRS No. EIN No. Cush Sales Tax Exempt Na. NSTREET or RR ❑ O O 1111H Street ❑ ❑ ❑X CITY STATE ZIP CODE Greeley CO 80632 SELLER'SNAME&ADDRESS COUNTY l 3dfpbeserAcc. (970)NUMBER-4000 E-mail ADDRESS .iUiS�1 CUSTOMER'S NAME&ADDRESS(Second Signer) NAME CUSTOMER IS: Add Customer Name To Mall List(Check One or More) O Business ❑Individual ['Construction ❑Utility ['Forestry ['Government STREET or RR Use the drop down snows below for selection of the correct PURCHASER TYPE end MARKET USE CODE. CITY STATE ZIP CODE PURCHASER TYPE MARKET USE CD. E-mail ADDRESS 4 County 23 Road Bldg/Maint ERAGE IS: LOCATION OF FIRST COUNTY CRY STATE COUNTY CODE (Initials)DRejected (Initials) WORKING USE> Weld Greeley CO 123 I(W e),the undersigned,hereby order from you the Equipment deathbed below,to be delhrered as shown below.This orders subject to your chilly to obtain such Equipment form the manufacturer and you shall be under no liability If delivery of the Equipment is delayed or prevented due to labor disturbances,transportation diffialties,or for any reason beyond your control.The price shown below s subject to your receipt of the Er uipment odor to any change in price by the manufacturer.It is also subject to any new or Increased taxes imposed upon the sale of he Equipment ever the dale of this order. NDRU EEES QTY w o T E EQUIPMENT PRODUCT DELIVERED A (Give Model,Size&Description) (Hours of Use) IDENTIFICATION NO. CASH PRICE 1 X 2004 JD 160CLC Excavator w/cab,ac,radio, $159,399 00 24 in shoes,less bucket,auxiliary hydraulics w/controls, std boom&102"arm,ether start aid Price includes John Deere Secure Extended Powertrain& Hydraulic warranty for 36 mos or 3000 hrs. 1. TOTAL CASH PRICE $159,399 00 IMPORTANT WARRANTY NOTICE:The written new equipment warranty for John Deere Construction a Forestry(John Deere)products,'Standard Warranty".Is printed on the following pages of this Purchase Order and is a part of this contract.Please read it carefully before signing.No express warranty S made unless identified on this Purchase Order.YOUR RIGHTS AND REMEDIES PERTAiNING TO THIS PURCHASE ARE WAITED AS INDICATED ON ALL R)PAGES OF THIS PURCHASE ORDER. WHERE PERMITTED BY LAW,NO IMPLIED WARRANTY Of MERCHANTABILITY OR FITNESS IS MADE USED JOHN DEERE PRODUCTS ONLY:John Deere will transfer remaining Extended coverage to the purchaser of a used John Deere product that has been used for less than the full period of the Extended coverage provided at the product's origins retail purchase.This transfer is not effective unless end untl John Deere's written confirmation of transfer,indicating when the transferred coverage will expire,is received by the purchaser. ALL TERMS, INCLUDING LIMITATIONS AND EXCLUSIONS,OF THE JOHN DEERE STANDARD WARRANTY COVERAGE ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN APPLICABLE. I(We)offer to sell,transfer,and convey the following item(s)at or prior to the time of delivery of the above Equipment,as a'trade-In'to be applied against the cash price.Such item(s)shall be free and clear of all security agreements,liens,and encumbrances at the time of transfer to you. The following is a description and the price to be allowed for each °io item. 11. QTY DESCRIPTION OF TRADE-IN PRODUCTION IDENTIFICATION NO. AMOUNT 1 Used 2001 JD 160 LC Excavator w/cab,ac,radio,less bucket (appx 2400 hrs) P00160X041824 $124,155 00 std arm and boom,auxiliary hydraulics with controls ACKNOWLEDGMENTS:I(We)promise to pay the balance due(line 8)shown hereon in cash,or to 2.TOTAL TRADE-IN ALLOWANCE $124,155 00 execute a Time Sale Agreement(Retail Installment Contract),or a Loan Agreement for the purchase 3.BALANCE $35,244 00 price of the Equipment,plus additional charges shown thereon,or to execute a Lease Agreement,on 4 �- $350 00 or before delivery of the Equipment ordered herein. Despite physical delivery of the Equipment,title `bet. shall remain in the seller until one of the foregoing Is accomplished. 5.SUB-TOTAL # $35,594 00 I(We)understand that my(our)rights in connection with this purchase are limited as set forth on all 6.RENTAL APPLIED $0 00 (2)pages of this Purchase Order. 7.CASH WITH ORDER 0 00 I HAVE RECEIVED BOTH(2)PAGES OF TH ,; 8.BALANCE DUE PURCHASE ORDER FORM.Customer's Initi a Custom Signatur Accepted By Customer's • (Authorized SLnature of Seller) Signature — Date Accepted Salesperson•.. DELIVERY lelgnay Ny •'r•• ^ a -¢- IGNATURE:(CUSTOMER ACKNOWLEDGEMENT> ,• u .h. JD-S 17.03 Effective(01 April 2003)U.S.A.ONLY Page 1 of 2 /OK 0O/3- 0 tr 2004-2182 0'ct/ �vB' • • 4297256 JOHN DEERE "STANDARD COVERAGE" FOR NEW CONSTRUCTION,UTILITY,AND FORESTRY PRODUCTS This Purchase Order applies to machines with: • 6 Months STANDARD Warranty Full Machine Coverage(Products 100 HP and Above). • 12 Months STANDARD Warranty Full Machine Coverage (Products Under 100 HP). • 12 Months or 2,000 Hours (which ever occurs first) STANDARD Warranty Full Machine Coverage (Forwarders,DHSP Forestry Excavators,Harvesters,Log Loaders,Skidders,Tracked and Wheeled Feller Bunchers, first rented or sold on or after 15 September 2002). The'Standard Coverage'is part of the Standard Warranty protection package available from John Deere Construction&Forestry Company('John Deere')to purchasers of new John Deere products: • STANDARD Coverage is John Deere's standard new equipment warranty, which provides the coverage described on this page at no additional charge to the purchaser. • EXTENDED Coverage is a separate repair contract made available by John Deere for purchasers who wish to complement their Standard warranty coverage with additional, purchased coverage Complete Extended Coverage details, including coverage options and limitations, are set forth in the Application for Extended Warranty Repair Coverage,which is available from authorized John Deere dealers. • STANDARD StructurALL Warranty coverage applies to certain structural components as listed below and as described on this page. A. STANDARD COVERAGE-GENERAL PROVISIONS E. ITEMS NOT COVERED Under the below-described'Standard Coverage',John Deere will repair or replace,at its option,any John Deere is not responsible for the following: parts(except those specified below)of a new John Deere product that,as delivered to the original 1. Premiums charged for overtime labor requested by the purchaser. retail purchaser,are defective in material or workmanship. Performance of this warranty will be free 2. Transporting the product to and from the place where service is performed,or of charge for parts and labor,except asothenvise stated below. service calls made by the repairing dealer(except as otherwise provided in Section Standard Coverage applies only to purchases from John Deere and authorized John Deere dealers H ucts and, except as otherwise provided in the next sentence, is extended only to the original retail 3. Used products(except as otherwise provided in Section A above). purchaser of the product. Remaining Standard Coverage applicable to a used John Deere product is 4. Depreciation or damage caused by normal wear, lack of reasonable and transferred to a subsequent purchaser of the product only if the subsequent purchaser requests proper maintenance, failure to follow operating instructions, misuse lack of proper protection during storage,vandalism,the elements,or collision or other accident. warranty transfer from an authorized John Deere dealer before the product's Standard Coverage expires. For purposes of this warranty,a product that has been rented,used for demonstration purposes for 150 or more hours,or otherwise used prior to its original retail purchase has been'used' 5. Normmalail maintenance and replacement of maintenance and wear items,such for the total duration of such use. as filters, oil, coolants and conditioners, blades and cutting edge parts, pins and bushings (except in articulation joints), belts, dry brakes and dry dutch Warranty statements required by law covering engine emissions-related pads and components are linings and bulbs. Note: Reimbursement for refills of oils/codants lost due to found on a separate written warranty certificate provided to the customer at thetme of purchase. warrantable failure are covered when a system failure occurs outside the boundaries of a normal cil change(within 25%of specified change interval). B. WHAT IS COVERED BY STANDARD COVERAGE e Standard Warranty Full Machine:All parts of a new John Deere product(except those noted in 6. Any defect in a component caused Sectors D and E below)are covered by Standard Warranty for the applicable Full machine coverage by a a defect in a non-covered component. component,or damage to or failure of a covered m aperiod set out above.Coverage begins on the date of delivery of the product to the original retal 7. For,warranty repairs s extra labor)ab in the field,o any not charges (such c dealer travel time, mileage or that would have been incurred had the purchaser product been repaired at the dealers place of business. C. EXCLUSIVE REMEDY F. UNAPPROVED SERVICE OR MODIFICATION The repair or replacement of covered parts that are defective,as provided in Section A above,shall John Deere Is relieved of its obligations under Standard Coverage if: be the purchaser's exclusive remedy for any defect in the product. However, if after repeated 1. Service(other than normal maintenance and replacement of service items)is attempts such repair or replacement fails to correct the performance problem caused by the defect, performed by someone other than an authorized John Deere dealer;or the purchasers sole remedy shall be a refund of the amount paid for the product(in exchange for a 2. The product is modified or altered in ways not approved by John Deere return of the product), excluding any transportation charges, license fees, taxes and insurance 3. Any unapproved or improperly sized attachment is installed on the product. premiums,and less a reasonable allowance for use of the product prior to its return. G. PARTS REPLACED UNDER STANDARD COVERAGE In no event will the dealer,John Deere or any company affiliated with John Deere be liable for any incidental or consequential damages,including but not limited to loss of profits,rental of substitute Only new or remanufacturedvsiJohnre or components,repair odu or approved by John equipment or other commercial loss. Deere,will beis used if John Deere elects to repair the product. If any such pad or component is defective in material or workmanship when installed in the product, Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of John John Deere will repair or replace, as it elects, such defective part or component, Deere to the purchaser or any other person,whether based upon contract,tat,strict liability,or provided the defect is reported to an authorized John Deere dealer within 90 days otherwise.This limitation does not apply to claims for personal Injury. (12 months or 1500 hours,whichever occurs first,for remanufactured components) after installation or before expiration of the applicable Standard coverage, D. ITEMS COVERED SEPARATELY 1. Standard Coverage does not apply whichever is later. to batteries, ratios,tires,or Nel injection nozzles and pumps, or to Cummins Engines installed in John Deere products, which are covered by H. OBTAINING STANDARD COVERAGE SERVICE separate written warranties. To obtain Standard Coverage service, the purchaser must request Standard 2. St aturALL Warranty coverage for new John Deere Products(excluding compact excavators Coverage service from a John Deere dealer authorized to sell the product to be &skid-steer loaders which are not eligible for StructurALL Warranty Coverage)begins at the serviced. When making such a request ,the purchaser must present evidence of end of the Equipments'Standard Warrany coverage and any applicable'Extended Repair the product's delivery date, make the product available at the dealers place of Coverage'purchased for the Equipment and ends(unless terminated earlier under Section F, business, and inform the dealer in what way the purchaser believes the product to below)three(3)years,or 10,000 hours(whichever occurs first)after the Equipments original be defective. retail purchase or first rental prior to the first retail purchase. Standard Coverage repairs can be made in the field if the purchaser and servicing This warranty applies only to the following structural components listed below as dealer so desire. However, John Deere will not be responsible for any charges installed on the equipment at the time of original manufacture. If a particular component (such as dealer travel time, mileage or extra labor) that would not have been is not listed below it is not covered by John Deere ShucturALL Warranty. incurred had the product been repaired at the dealer's place of business. Arm,Articulation Joint(including pins and bushings),Bin Frame,Boom,C-Frame',X-Frame, I. NO IMPLIED WARRANTY OR OTHER REPRESENTATION Circle Frame,Draft Frame,Engine Frame,Equipment Frame,Grapple Arch,Grapple Boom, Where permitted by law, neither John Deere nor any company affiliated with it Loader Ann,Loader Frame,Mainframe,Moldboard Lift Anus,Turntable,Swing Frame,Z-bar, makes any warranties, representations or promises, express or implied, as to the Specialty booms and arms marketed as'heavy-duty" noy apply by Deere. This StructurALL Warranty does not to equipment used primarily in quality,performances, or freedom from defect of its products,OFME other than those set extreme duty or severe duty applications such as:(demolition,chemical plant, forth on this page, and NO IMPLIED WARRANTY OF MERCHANTIBILITY OR steel mill, and land fill applications, and other applications that are similarly FITNESS IS MADE. destructive or involve similarly heavy duty)except specialty booms and arms J. NO DEALER WARRANTY as stated in Section D.2.above. The selling dealer makes no warranty of his own on any item covered by this 'StructurALL warranty does not apply to C-Frames on H-Series crawlers warranty,and makes no warranty on other items unless he delivers to the purchaser equipped with root rakes or used in forestry applications unless equipped with a separate written warranty certificate specifically warranting the item. The dealer an'extreme duty'reinforcement package. has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty in any way. JDS 17.03 Effective(01 April2003)U.S.A.ONLY Page 2 of 2 Hello