HomeMy WebLinkAbout20232662.tiffRESOLUTION
RE: APPROVE SALES AGREEMENT TERMS AND CONDITIONS FOR EMERGENCY
PURCHASE OF USED 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 Emergency Purchase of a Used 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 belt:
Year Make Model Serial Identification Number
2020 Caterpillar J&M 36 -Inch X 100 -Foot 36100E0420
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 2023
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 stated above at a total cost of $86,460.00 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 Emergency Purchase of a
Used 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 stated above, for a total
cost of $86,460.00, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign any necessary documents, and that the authority to sign any necessary transfer
documents, be, and hereby is, delegated to the Weld County Controller to sign as the agent for
the Weld County Board of Commissioners, Weld County, Colorado.
cc*. 1 r(DS/FA) ACT(cP/cD)
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2023-2662
EG0081
FT0003
SALES AGREEMENT TERMS AND CONDITIONS FOR EMERGENCY PURCHASE OF USED
CONVEYOR BELT FOR KOSKIE GRAVEL PIT — WAGNER EQUIPMENT COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of September, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dithio jd4;
41
Weld County Clerk to the Board
B m. w
Deputy Clerk to the Board
Cou y Attorney
Date of signature: 04/26/Z3
2023-2662
EG0081
FT0003
Memorandum
To: Board of County Commissioners Sept. 7th, 2023
From: David Springer, Director of Fleet Services
Subject: Used Equipment Purchase
The 36"x100' conveyor Owned by Weld County and used by the Public Works Mining Operation
was a total loss due to tornado damage at the Koskie Pit. Equipment must be replaced to
maintain gravel crushing operation for gravel road maintenance.
The Fleet Services Department has located and reviewed a used 2020 J&M 36 -inch by 100 -foot
conveyor at Wagner Equipment in Grand Junction CO. The price of this equipment has been
negotiated to $82,500.00 with $3960.00 freight for a total cost of $86,460.00. Fleet Services
sent a Pass -Around Review to the BOCC on 8/22/2023 for agenda approval. The price stated on
the original Pass -Around was $87,258.00.
Fleet Services and Public Works is requesting Board approval.
If you have any questions, feel free to contact me via phone or e-mail at,
Extension 3513 or dspringer@weldgov.com
2023-2662
9AB
E WO,
FT0003
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: Used Equipment Purchase to Replace Damaged Equipment
DEPARTMENT: Fleet Services DATE: 8/22/2023
PERSON REQUESTING: David Springer
Brief description of the problem/issue: 36"x100' conveyor used by PW Mining operation was a total loss
due to tornado damage at the Koskie Pit. Equipment must be replaced to maintain gravel crushing operation
for gravel road maintenance.
What options exist for the Board?
A) The Board can approve the purchase of this used conveyor from Wagner Equipment in Grand Junction
B) The Board can deny this purchase and rent equipment while Fleet Services and Public Works writes a
bid spec for new replacement.
Consequences: If purchase of used conveyor is approved there will be a minimum cost savings of
$40,000 and the mining crew can resume operations.
Impacts: If purchase of a used conveyor is denied Weld County will incur higher cost and Road
construction materials for Weld County will be delayed.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
$87,258 USD for fiscal year 2023
Recommendation: Fleet Services recommends approving the purchase of this used conveyor.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
(19
•JJ WAGNER
CST
SALES AGREEMENT
Aurora, Colorado, Albuquerque, New Mexico, El Paso, Texas
DATE
QUOTE#
Aug 31, 2023
261365
WELD COUNTY PURCHASING DEPT
PURCHASER WELD COUNTY PURCHASING DEPT
S STREET ADDRESS 915 10TH ST S 1399 N 17TH AVE ATTENTION DAVID SPRINGER
O GREELEY,CO 80631
GREELEY CO COUNTY WELD CO
L CITY/STATE I
D P WELD CO. 970 356 4000
80631 PHONE NO. 970 356 4000
POSTAL CODE
T T
PHONE NO 970 356 4000
O EQUIPMENT ROSE EVERETT O
CUSTOMER CONTACT:
970 356 4000
PRODUCT SUPPORT ROSE EVERETT PHONE NO.
INDUSTRY CODE: COUNTY GOVERNMENT (8 41 ) PRINCIPAL WORK CODE:
Ownership 94748
Customer #
Invoice 94748
Customer #
Sales Tax Exemption # (if applicable)
98 03551
Customer PO Number
TBD
Ship Via
WECO
PAYMENT TERMS:
(AD terms and payments are subject to Finance Company - OAC approval)
T NET PAYMENT ON RECEIPT OF INVOICE
V
I
NET ON DELIVERY
O
1FINANCIAL SERVICES
D CSC
LEASE
E
R
M CASH WITH ORDER $0.00
S
BALANCE
TO FINANCE 0_00
CONTRACT INTEREST RATE 0.00
NOTES:Weld County to provide tax exemption
information
PAYMENT PERIOD
PAYMENT AMOUNT 0.00
NUMBER OF PAYMENTS 0
OPTIONAL BUY-OUT
DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED
MAKE: J & M MODEL: 36X100 YEAR: 2020
NEW
USED
✓
STOCK NUMBER: 482180 SERIAL NUMBER: 36100E0420 SMU: TRA
J & M 36X100 TRUSS = RAti?i_:
POWER HEAD FOLD
STARTERS AND CONTROLS
7.5 HP HYDRAULIC POWER UNIT
AXLE JACKS HYDRAULIC
MANUAL LANDING LEGS
30HP MOTOR
SIZE 6 REDUCER
JM 36x100 Electric Radial Stacker $82,500
Freight from Grand Ju-tc: or. to Greeley $3,960
TRADE-IN EQUIPMENT
SELL PRICE
586, 460.00
MODEL: YEAR: SN .
460.00
PAYOUT TO: AMOUNT/ PAID BY-
SUBTOTAL
$86 ,
MODEL: YEAR: SN,:
TOTAL
$86,460.00
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
Q
AGCO WARRANTY & COVERAGE
NITIAL
�
USED EQUIPMENT
tNITIAL
COVERAGE
All used equipment is sold mug , with all faults. EXCEPT FOR THE FOLLOWING LIMITED
the Wagner Equipment Co./AGCO Warranty and has read and understood said
The customer acknowledges that he has received a copy of
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
PURCHASER
WAGNER EQUIPMENT CO
Sack, Richard
REPRESENTATIVE
DATE APPROVED AND ACCEPTED ON
BY
SE4 1 8 2613
Board of Weld County Commissioners
�,.RCHASrR
SISNATuRE
Mike Freeman,Chair
TITLE
an 64 2
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 Equipments 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.CANCELLATIONITERMINATION: 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
020°25 -4
SALES AGREEMENT TERMS AND CONDITIONS FOR PURCHASE OF USED CONVEYOR
BELT FOR EMERGENCY REPLACEMENT OF DAMAGED EQUIPMENT AT KOSKIE PIT -
WAGNER EQUIPMENT COMPANY
APPROVED AS TO SUBSTANCE:
acted Official, • Dep ent Head
APPROVED AS TO FUNDING:
Chief Financia Officer, or Controller
APPROVED AS TO FORM:
County orney
02.4„r 3 -26,z,
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