HomeMy WebLinkAbout20240225.tiffRESOLUTION
RE: APPROVE SALES AGREEMENT TERMS AND CONDITIONS FOR PURCHASE OF
USED STACKABLE CONVEYOR FOR KOSKIE GRAVEL PIT, AND AUTHORIZE
CHAIR AND CONTROLLER TO SIGN ANY NECESSARY DOCUMENTS - WAGNER
EQUIPMENT COMPANY
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 Board has been presented with a Sales Agreement Terms and Conditions
for the Purchase of a Used Stackable Conveyor for the Koskie Gravel Pit between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Departments of Fleet Services and Public Works, and Wagner Equipment Company,
to purchase the following used conveyor, pursuant to Weld County Code Section 5-4-50.C:
Year Make Model Serial Identification Number
2022 Caterpillar J&M 42 -Inch X 35 -Foot LG4235
WHEREAS, the Director of the Department of Fleet Services inspected the conveyor and
found it to be in good condition, and
WHEREAS, the Director of the Department of Public Works concurs the conveyor will
meet the needs of the department without purchasing a brand-new conveyor, and
WHEREAS, the Chief Financial Officer has advised the Board there are funds in the 2024
budget to purchase the conveyor, and
WHEREAS, after review, the Board deems it advisable to approve said Sales Agreement
Terms and Conditions, a copy of which is attached hereto and incorporated herein by reference,
for the purchase of a used conveyor, as further described above, at a total cost of $30,500.00
from Wagner Equipment Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, the Sales Agreement Terms and Conditions for the Purchase of a Used
Stackable Conveyor for the Koskie Gravel Pit between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Departments
of Fleet Services and Public Works, and Wagner Equipment Company, as further described
above, for a total cost of $30,500.00, be, and hereby is, approved.
cc: Pi., R ., FT(DS/FA)
02/2.2/2.9
2024-0225
EG0082
FT0004
Date of signature:
SALES AGREEMENT TERMS AND CONDITIONS FOR PURCHASE OF USED STACKABLE
CONVEYOR BELT FOR KOSKIE GRAVEL PIT - WAGNER EQUIPMENT COMPANY
PAGE 2
BE IT FURTHER RESOLVED by the Board that Chair and Chris D'Ovidio, Controller, be,
and hereby are, authorized to sign any necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.L GRADQ- .
ATTEST: d, w jel;6k
Weld County Clerk to the Board
BY: UN .L(' • 000 GO) (JC.
Deputy Clerk to the Board
APP' • • ED A FORM:
u y . • rney
Z-1 /Z4
O
Kevjo.D ,j oss, Chair
Perry L. B% k, Pro-Tem
Mike Freeman
Sco5t K. James
2574.1%A..
,70,101***1._ ine
fat
WI
2024-0225
EG0082
FT0004
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Used Equipment Purchase
DEPARTMENT: Fleet Services on behalf of Public Works
PERSON REQUESTING: David Springer
DATE: 1/17/2024
Brief description of the problem/issue: A Stackable Conveyor was damaged in a tornado at the Koskie Pit
last summer. Fleet Services along with Public Works has located a potential replacement. Wagner Equipment
has a used 2022 J&M 42"X35' Stackable Conveyor serial number: LG4235 for sale at the price of $30,500.00.
Fleet Services and Public Works have inspected the unit and believe it will meet the needs of the Public Works
Mining Division. County Code Specifically, Sec. 5-4-50. General information, Paragraph C states: The
Board of County Commissioners may, by motion or resolution, purchase an item of used equipment
which, by its very nature is not biddable as a practical matter.
What options exist for the Board? The Board has the option to approve or deny this used equipment purchase.
Consequences: If approved, this purchase will allow the Public Works Mining Division to return to pre
incident production levels immediately.
Impacts: If denied, Fleet Services will begin the bid process on a new conveyer.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $30,500 total.
Recommendation: Fleet Services recommends the approval of this used equipment purchase.
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
mf-
2024-0225
U29
FTOC1A-
Cheryl Hoffman
From.
Sent:
To:
Cc:
Subject:
Approve - thanks!
skj
Scott James
Monday, January 22, 2024 8:14 AM
Cheryl Hoffman
Esther Gesick
Re: Pass Around
Scott K. James
Weld County Commissioner, District 2
1150 O Street, P.O. Boo 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or
entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you
have received this communication in error, please immediately notify sender by retum e-mail and destroy the communication. Any
disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by
anyone other than the named recipient is strictly prohibited.
On Jan 22, 2024, at 812 AM, Cheryl Hoffman <choffman@weld.gov> wrote:
Scott,
After review, do you approve of placement on the BOCC agenda?
Cheryl L. Hoffman
Deputy Clerk to the Boa.J
1150 0 Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
From: Karla Ford <kfortl@weld.gov>
Sent: Sunday, January -21, 2024 1:41 PM
To: Cheryl Hoffman <dhoffman@;weld.gov>
Subject: FW: Pass Around
This is in folder already
�JJ WAGNER
CST
SALES AGREEMENT
DATE
QUOTE#
Jan 26, 2024
266804
Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas
PURCHASER WELD WELD COUNTY TO PICK UP AT AURORA
COUNTY PURCHASING DEPT
S STREET ADDRESS 915 10TH ST S
O H
L CITY/STATE GREELEY , CO COUNTY WELD CO I ,
D P
POSTAL CODE 80631 PHONE NO 970 356 4000
T T
O EQUIPMENT ROSE EVERETT PHONE NO 970 356 4000 O
CUSTOMER CONTACT
PRODUCT SUPPORT ROSE EVERETT PHONE NO. 970 356 4000
INDUSTRY CODE COUNTY GOVERNMENT (841 ) PRINCIPAL WORK CODE
Ownership 94748
Customer#
Invoice 94748
Customer#
Sales Tax Exemption # (if applicable)
98 03551
Customer PO Number
P2400072
Ship Via
CPU
PAYMENT TERMS (All terms and payments are subject to Finance Company - OAC approval)
T
E NET PAYMENT ON RECEIPT OF INVOICE
V/
NET ON DELIVERY
❑
FINANCIAL SERVICES
CSC
LEASE
R
M CASH WITH ORDER $0.00
BALANCE TO FINANCE 0.00
CONTRACT INTEREST RATE 0.00
NOTES
S
PAYMENT PERIOD
PAYMENT AMOUNT 0.00
NUMBER OF PAYMENTS 0
OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED / PURCHASED
MAKE J & M MODEL: 42X35 YEAR 2022
STOCK NUMBER. 494767 SERIAL NUMBER LG4235 SMU 2
NEW
USED
J&M CONVEYORS
42X35 STACKABLE CONVEYOR
PRICE UPDT: 04/19/23 VIA U1C2700
TRADE-IN EQUIPMENT
MODEL YEAR SN
SELL PRICE
$30, 500.00
PAYOUT TO: AMOUNT. PAID BY
SUBTOTAL
$30,500.00
MODEL YEAR SN:
PAYOUT TO AMOUNT' PAID BY -
TOTAL
$30,500.00
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
AGCO WARRANTY & COVERAGE
INITIAL
MI
USED EQUIPMENT
INITIAL
COVERAGE
The customer acknowledges that he has received a copy of the Wagner Equipment Co_/AGCO Warranty and has read and understood said
All used equipment is sold as is , with all faults. EXCEPT FOR THE FOLLOWING LIMITED
warranty
Warranty applicable including expiration date where necessary'
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 -
ALLIED WARRANTY & COVERAGE
SIGNATURE
Preventative Maintenance:
NOTES:
ORDER RECEIVED BY
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE
WAGNER EQUIPMENT CO
Sack, Richard
RE PRE SENTAikii-
DATE APPROVED AND ACCEPTED ON
PURCHASER
JAN 2 9 2024
WELD COUNTY PURCHASING DEPT
b
trough the Board
of Weld CountyC9is.siQners
BY C�
PURCHASER
S ATU
Kevin loss, Chair
TITL E
O.2 oaz 00202 eD-
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
oa'/
0200.24_. 0°2°25-
CATERPILLAR'
DIGITAL AUTHORIZATION
CATERPILLAR TELEMATIC 3 DATA AND CAT REMOTE SERVICES -SOFTWARE UPDATES PROCESS FOR SELECT PRODUCT LINK TELEMATICS
AND CAT EQUIPMENT COr TROL MODULE SOFTWARE.
Customer equipment has instated devices that transmit data to Caterpillar Inc. ("Caterpillar").
Data transmitted to Caterpillar s used in accordance with Caterpillar's Data Governance Statement ( "DGS" ), which describes Caterpillar's practices for collecting,
sharing and using data and inf irmation related to customer's machines, products, Devices or other Assets and their associated worksites. The DGS can be
reviewed at https://www.caterpllar. corn/en/legal-notices/data-governance-statement. html
Caterpillar's process for per'orning remote diagnostics and making available remote software and firmware updates and upgrades, such as configuration. patches,
bug fixes, new or enhanced fe tures, etc., for Assets and Devices is described in the Cat® Remote Services - Software Update Process for select Product LinkT''
Telematics and Cat Equipmen Control Module Software document (the "RSP Document" ) The RSP Document can be reviewed at
https://www.cat.com/remotese vicesprocess?_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 Caterpllar the right to collect, use, and share such information, including to its Distribution Networks or other affiliates, in accordance with the
Caterpillar Data Governance Eatement . 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 autht rization survive the termination or expiration of the Company's subscriptions to any Digital Offerings. Except as set out in a written
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.
WELD COUNTY PURCHASING DEPT
Company
By and through the Board of
Weld County Commissioners
Company (Print)
Kevin D. Ross, BCCC Chair
Company Representative (Prim)
Signature
JAN 2 9 2024
Date
Caterpillar: Confidential Green
FOR DEALER USE ONLY
Company UCID
Company Representative CWS ID
Main
Store Dealer
Code
Dealer
Representative
Name
Dealer Representative CWS ID
o2oaoaa�
040 WAGNER
CAT
Wagner Equipment Co.
18000 Smith Road
Aurora CO 80011
Weld County January 12th, 2024
Dear David,
I am pleased to quote you the following:
2022 J&M 42"X35' Stackable Conveyor sn:LG4235
Belt wiper
20HP Electric motor
Approx 100' power cable
Feed hopper
No Warranty included or implied.
Sell Price FOB Aurora Co. $30,500.00
Please review and call me if you have any questions or concerns.
Sincerely,
Red Sad
Rick Sack
Crushing and Screening Sale
(303) 870-6809
Facilities throughout Colorado, New Mexico and far west Texas:
Albuquerque, Aurora, Burlington, Carlsbad, Colorado Springs. Durango. El Paso, Farmington, Grand Junction, Hayden. Hobbs Paonia. Pueblo, Windsor Yuma
Houstan Aragon
From:
Sent:
To:
Cc:
Subject:
Attachments:
Esther,
David Springer
Tuesday, January 30, 2024 9:10 AM
Esther Gesick; CTB
Rose Everett
FW: [EXTERNAL]FW: P2400072 - WAGNER EQUIPMENT
Weld County Revised Sales Agreement 1-30-24.pdf
The agreement that was signed yesterday had the incorrect dollar amount on it. Can you have this one signed please.
David Springer
Director, Fleet Services
Weld County Government
1399 N. 17th Ave.
Greeley, CO 80631
970-400-3513
970-673-5007 cell
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Richard D. Sack <Sack_Richard@wagnerequipment.com>
Sent: Tuesday, January 30, 2024 8:29 AM
To: Rose Everett <reverett@weld.gov>
Cc: David Springer <dspringer@weld.gov>
Subject: RE: [EXTERNAL]FW: P2400072 - WAGNER EQUIPMENT
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Rose,
1
I did receive it, but I made an error on the last agreement. The sell price is $30,500 as per your PO. Can
you please sign the attached agreement reflecting this change.
Thanks
From: Rose Everett <rev Brett@weld.gov>
Sent: Tuesday, January :0, 2024 8:14 AM
To: Richard D. Sack <Sac< Richard@wagnerequipment.com>
Cc: David Springer <dspringer@weld.gov>
Subject: [EXTERNALJFW P2400072 - WAGNER EQUIPMENT
CAUTION: This email or ginated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Richard, attached is p archase order P2400072, along with the signed agreement to process the order. Please
email me back to confirm you received. Thank you
Weld County Purchasing
Rose Everett — Senior BR yer
1150 O Street
Greeley CO 80631
Tel: (970-400-4222)
Email: reverett@weldgcv.com
From: W.C. Accounting (AC100-05840@co.weld.co.us>
Sent: Tuesday, January 30, 2024 8:09 AM
To: Rose Everett <reverett@weld.gov>
Subject: Attached Image
2
Hello