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Home My WebLink About20260516 Resolution Approve Rental Agreement for Use of One (1) 40-Ton 2026 Caterpillar 740 Articulated Haul Truck and Authorize Chair to Sign — 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 Rental Agreement for Use of One (1) 40-Ton 2026 Caterpillar 740 Articulated Haul Truck between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Wagner Equipment Company, commencing upon full execution of signatures, and ending December 31 , 2026, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Rental Agreement for Use of One (1) 40-Ton 2026 Caterpillar 740 Articulated Haul Truck between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Wagner Equipment Company, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 11th day of March, A.D., 2026: Scott K. James, Chair: Aye Jason S. Maxey, Pro-Tem: Aye � �S, £ • Perry L. Buck: Aye Lynette Peppier: Aye I � tat/a Kevin D. Ross: Aye � V. Approved as to Form: °U c0 / { Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc Pcvcnc2ic� i �� H / �B) , PUR 2026-0516 OS\ i flame EG0084 Corol .ci-I {4 I 04 t 1 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Haul Truck Rental DEPARTMENT: Public Works Mining Division DATE: 02/20/2026 PERSON REQUESTING: Nate Gibson Trucking/Mining Supervisor Brief description of the problem/issue: The Mining Division is in need of one 40-ton articulating haul truck to stockpile pit run for surface gravel processing and reclamation at Peters 313, Hokestra, Koskie, Pierce North pits, and LJM Stockyard. Three quotes were requested, two were received with one vendor not submitting quotes. The lowest monthly cost was from Wagner Rental for$13,155.00/month through December 31, 2026, with an additional service fee of$964.28 for preventative maintenance for a grand total of 14,119.28/month. There is $204,000.00 budgeted for haul truck rental in 2026 which will not be exceeded. What options exist for the Board?The Board may approve or deny agreement. Consequences: If the board approves the rental agreement the Mining Division will be able to continue processing gravel resources and maintain current levels of gravel resources to meet maintenance needs. Impacts: If the board denies the rental agreement the Mining Division could fall behind producing material and negatively impact gravel road maintenance and reclamation. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The rental requested at this price agreement would not exceed $204,000.00. Recommendation: Staff recommends the rental agreement be placed on the BOCC agenda for consideration. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Jason Maxey, Pro-Tem % 11 Perry L. Buck Scott K. James, Chair \An. Kevin D. Ross V Lynette Peppler 2026-0516 3/1 \ EC 00 Karla Ford From: Scott James Sent: Tuesday, February 24, 2026 11:25 AM To: Karla Ford; Kevin Ross Subject: Re: Please Reply- Pass-Around Haul Truck Rental I support ***Sent from my iPhone- Pardon the brevity and type-o's*** Scott K.James Weld County Commissioner Office: 970-400-4200/Cell: 970-381-7496 P.O. Box 758, 1150 0 St., Greeley, CO 80632 IMPORTANT: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: Karla Ford<kford@weld.gov> Sent:Tuesday, February 24, 2026 12:00:08 PM To:Scott James<sjames@weld.gov>; Kevin Ross<kross@weld.gov> Subject: Please Reply- Pass-Around Haul Truck Rental Please advise if you support recommendation and to have department place on the agenda, if needed. ivsj44.22§14, COUNTY,CO Karla Ford Office Manager&Executive Assistant Board of Weld County Commissioners Desk: 970-400-4200/970-400-4228 P.O. Box 758, 1150 0 St., Greeley, CO 80632 0 00 Join Our Team IMPORTANT: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 1 Karla Ford From: Kevin Ross Sent: Tuesday, February 24, 2026 4:12 PM To: Scott James; Karla Ford Subject: Re: Please Reply - Pass-Around Haul Truck Rental Approve Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From:Scott James<sjames@weld.gov> Sent:Tuesday, February 24, 2026 1:25:08 PM To: Karla Ford <kford@weld.gov>; Kevin Ross<kross@weld.gov> Subject: Re: Please Reply- Pass-Around Haul Truck Rental I support *** Sent from my iPhone - Pardon the brevity and type-o's *** Scott K.James Weld County Commissioner Office: 970-400-4200/Cell : 970-381-7496 P.O. Box 758, 1150 0 St., Greeley, CO 80632 IMPORTANT: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: Karla Ford <kford@weld.gov> Sent:Tuesday, February 24, 2026 12:00:08 PM To: Scott James<sjames@weld.gov>; Kevin Ross<kross@weld.gov> Subject: Please Reply- Pass-Around Haul Truck Rental Please advise if you support recommendation and to have department place on the agenda, if needed. WEL-ra COUNTY,CO Karla Ford Office Manager& Executive Assistant Rental Agreement between Weld County and Wagner Equipment Rental of: 2026 Caterpillar 740 articulated haul truck By execution of this Agreement, this 1 day of Qs(,h, 2026, between the Board of County Commissioners, by and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and Wagner Equipment, (hereinafter "Rental Company"), the parties agree that the following Mandatory Provisions constitute an integral part of the Rental Agreement executed simultaneously herewith. 1. Effect of Mandatory Provisions-Priority of Interpretation: These Mandatory Provisions govern the relationship between Weld County and Rental Company. Any provision of the Rental Agreement rendered null and void by the operation of any of these Mandatory Provisions shall not invalidate the remainder of the Rental Agreement and the Rental Agreement together with these Mandatory Provisions shall remain in full force and effect to the extent it remains capable of execution. Should conflict in any provisions of the Mandatory Provisions and the Rental Agreement and any exhibits thereto be identified, the priority of interpretation of the Agreement shall be as follows: 1). The Mandatory Provision; 2) The terms and provisions of the Rental Agreement; and 3) Any Exhibits. 2. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. By execution of the Rental Agreement, Weld County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 3. Governmental Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4. Independent Contractor: Rental Company shall perform its duties hereunder as an independent contractor and not as an employee. Rental Company shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Rental Company nor any agent or employee of Rental Company shall be deemed to be an agent or employee of Weld County. Rental Company and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for Rental Company or any of its agents or employees. Rental Company shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in this Agreement. 5. Compliance with Law: Rental Company shall strictly comply with all applicable federal, state, and local laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 6. Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the Rental Agreement. Any provision included or incorporated therein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal Form Revision 7-2025 ZD? cO—(5Rl0 dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve any dispute. 7. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in the Rental Agreement or incorporated herein by reference shall be null and void. 8. No Liability for Damage/Defect not Caused by Weld County: Notwithstanding any provisions to the contrary, Weld County shall only be liable for damages or defects in the equipment or vehicle arising during the terms of the Rental Agreement which arise solely on account of Weld County's negligent use of the equipment or vehicle. Rental Company shall otherwise indemnify, defend, and hold harmless Weld County against all damages and claims arising from defects of the vehicle or equipment. 9. Employee Financial Interest/Conflict of Interest. C.R.S. §§24-18-201 et seq. and §24- 50-507: The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of the Rental Agreement. Rental Company affirms that it has no interest and shall not acquire any interest direct or indirect that would in any manner or degree with the performance of Rental Company's services and Rental Company shall not employ any person having such known interests. 10. Taxes and Fees: Weld County is a governmental non-profit entity. Rental Company shall be solely responsible for the payment of all taxes, governmental assessments and/or registration fees imposed by other governmental entities; Weld County shall not be responsible for the payment of said taxes, assessments, or registration fees. 11. No Third-Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the Rental Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the Rental Agreement shall give or allow any claim or right of action whatsoever by any other person not included in the Rental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the Rental Agreement shall be an incidental beneficiary only. 12. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and Rental Company, concerning this Agreement, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of Rental Company. 13. Warranty: Rental Company shall warrant that the vehicle or equipment is merchantable, of good quality, and free from defects. 14. Non-Assignment: Rental Company may not sell, assign, or transfer this agreement or any interest therein or claim thereunder without the prior written consent of the County. 15. Non-Exclusive Agreement: This Agreement is nonexclusive, and County may engage or use other Rental Companies or persons of the same or similar nature. 16. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. The parties hereby agree that the provisions contained herein shall be a part of the Rental Agreement to which they are appended and shall be given full force and effect. 18. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. CONTRACTOR: WAGNER EQUIPMENT CO. By: 7/ii Z .erL Name: MaSharon Greer ytwz, Date of Signature: 2/27/2026 Title: Risk Manager WELD COUNTY: ATTEST: 6"' `° -1141' BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY. Deputy Clerk to he Boar cott K James, Chair MAR 1 1 2026 • 111861 Request for Quotation & Informal Bid Tabulation DepartmentPW-Mining �`a1s61 Date 2/9/2026 Cfr iiJ Requestor Name Steve Raney •v'' / -IL I) Equipment # Haul Truck #7 Scope of Work 40-ton MSHA compliant Articulated Haul truck Rental Quote # 1 Quote # 2 Quote # 3 Vendor Name Wagner Rents PMC 4 Rivers Contact Name JR Harsh Matt Cox Carlos Koons Phone 970-215-9924 720-557-9930 970-218-5076 Email or Website harshjr@wagnerequipment.com mcox@powermotivecorp.com ckoons©4riversequipment.com Total $14119.28/month $ None available $19248.08/month Basis of Award (check one) -Wagner availability is March 20 arrives at port on Feb 25th and Lowest bid as to price. is marked hot for expediting to Wagner so may arrive sooner. Lowest bid meeting specifications. -PMC availability is none Only bid received. -4 Rivers has 46 ton available maybe in a week, 41 ton no availability in the foreseen future Department Head Approval Name: Date: Signature: Bill of Materials (use as needed) Quote #1 Quote #2 Quote #3 Item # Quantity Unit Description Unit Cost Total Unit Cost Total Unit Cost Total 1 41-ton articulated haul truck 13155.00 No Bid None 18750.00 available 1 Preventative 1000 hr maintenance 964.28 14119.28 498.08 19248.08 Sub-total 14119.28 Sub-total 0.00 Sub-total 19248.08 Warranty Freight Delivery Pay. Terms F.O.B. Grand Total 14119.28 0.00 19248.08 Nate Gibson From: Carlos Koons <ckoons@4riversequipment.com> Sent: Friday, February 6, 2026 11:38 AM To: Steven Raney Subject: FW: Haul Truck Rental Follow Up Flag: Follow up Flag Status: Flagged This Message Is From an External Sender This email was sent by someone outside Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning,Steve— Here are the rental rates for 2026 Haul Truck Rental. 41Ton Haulk Truck $16,250.00 a month (Includes us keeping up with the Preventative Maintenance) 46 Ton Haul Truck $18,750.00 a month (Includes us keeping up with the Preventative Maintenance) We will keep up with the services with this rental rate. This does not include Daily Maintenance or Trucking. Please call with any questions. Thanks Carlos Carlos Koons I Territory Manager 4Rivers Equipment C: (970) 218-5076/ P: (970)482-7154 E: ckoons@4riversequipment.com 11.111MMECUM 4Rivers_E-uipment.com EOUIPMENT 1 C0 RS JOHN DEERE From: Matt Cox To: Steven Raney Subject: HM400 Rental Date: Friday,February 6,2026 11:27:50 AM Attachments: Outlook-PMC Values.ong This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Steve, I have checked on a rental for an HM400 as of right now we do not have anything available. Thanks, Matt Cox PSSR 307.634.5149 ext. 1411 I Mobile 307.368.0097 307.638.8058 fax mcox@powermotivecorp.com 7854 Hutchins Drive Cheyenne,WY 82007 Power Motive Corp. is deeply committed to safeguarding personal and private information and we strive to prevent cyber fraud. In doing so, we will never request personal information such as social security numbers or your banking information for credit checks without first requesting through a telephone call from an agent of Power Motive Corp. Furthermore, we will never send electronic notification changes about our bank account information forACH or wire remittances for electronic and paper payment remittance without providing concurrent, supporting verbal communication. DATE Feb 09, 2026 OJJ WAGNER CI I RENTAL/PURCHASE AGREEMENT QUOTE# 301958 Aurora,Colorado,Albuquerque,New Mexico,El Paso,Texas PURCHASER WELD COUNTY S STREET ADDRESS 1399 N 17TH AVE s <SAME> 0 H L CITY/STATE GREELEY, CO COUNTY WELD CO 1 D P POSTAL CODE 80631 PHONE NO. 970 356 4000 Q EQUIPMENT STEVEN RANEY PHONE NO. 970 381 5415 0 CUSTOMER CONTACT: PRODUCT SUPPORT STEVEN RANEY PHONE NO. 970 381 5415 INDUSTRY CODE: COUNTY GOVERNMENT(841 ) PRINCIPAL WORK CODE PAYMENTS TERMS: NET PAYMENT ON RECEIPT OF INVOICE E OTHER Ownership 94757 Invoice 94757 SALES TAX EXEMPTION#(if applicable) CUSTOMER PO NUMBER Ship Via Customer# Customer# 14-0 2-101 Windsor CUSTOMER INSURES VALUE OF EQUIPMENT $7 9 0,0 0 0.0 0 AGENT PHONE# LI INSURANCE BINDER ATTACHED FOR INSURANCE POLICY# DESCRIPTION OF EQUIPMENT ORDERED I PURCHASED Hereby enter into a rental agreement to lease from WAGNER EQUIPMENT CO.,hereinafter called the Company or Lessor,the following equipment: MAKE: CATERPILLAR MODEL: 740 YEAR 2026 NEW Q USED Ei STOCK NUMBER: 545451 SERIAL NUMBER: 0Z5J00020 sMu: TBA To be used at or near the City of Greeley in the County of Weld in the State of CO 740 04B ARTICULATED TRUCK 45/GC/40EJ TERRA MFG AIDS '.CAB, STANDARD FILM GP-SHIPPING LUBRICANT GP TANK, STANDARD FUEL ELECTRICAL AR LRG-FENDER-LH-PAINTED-TERRA EXHAUST, HEATED BODY CHASSIS AR LLRG-FENDER RH-PAINTED-TERRA AID, COLD WEATHER STARTING _._. ENCLOSURE AR LRG-F/CHASSIS-HRC-PAINTED-TEAR LUBRICATION, AUTOMATIC TANK AR-COVER LRG-HYD - TANK-STD-PAINTED-TER NO SOUND SUPPRESSION HYDRAULIC AR [LANE 3 ORDER TIRES, 29.5R25 MM MS302 E-3 POWER TRAIN AR '.ROW ENGINE ARRANGEMENT FENDER COVER ELECTRONICS GP CHASSIS, STANDARD PRODUCT LINK, CELLULAR PLE643 FILM GP-STANDARD LINER, DUMP BODY TAILGATE, SCISSOR ON THE FOLLOWING TERMS:(All Rental Equipment F.O.B.Wagner Equipment CO.Yard) Equipment Value$ $812,768.09 1)For a minimum term of 3 and a maximum term of 10 28-day periods commencing on Feb AGREED ITEMIZED CHARGES 09, 2026 Rental$ $13,155.00 2)For the rental of$$13,155.0 0 per month(plus taxes) Customer Delivery$ $0.00 3)Additional Terms: Return Charge$ $0.00 A.Lessee agrees to pay an additional rental payment of$$13 7.76 for each hour in excess of Rental Equipment Protection% 0% $0.0 0 176 hours,equipment usage time in any 28 consecutive day period.In the absence of an overtime PMAP Charges $964.28 rate,overtime will be charged at 1/176 of the 28-day rate for each hour's use in excess of 176 Sales Tax City(Incl.Delv.) OW $0.0 0 Hours in any one 28 consecutive day period. County 0% $0.0 0 - B.Tire wear(if applicable)will be charged at the rate of$$0.0 0 per 1/32 inch of wear per tire RTD/PPRT 0% $0.0 0 • upon return. State 0% $0.00 • C.In the event of subsequent purchase of the unit,rental interest will be calculated at 0_9%of State(NM&TX) 0$ $0.0 0 the original value of the machine for any month within which the rental payment is received within SMM Tax% 0$ $0.00 ten days of the end of the rental period.Rental interest for all other months will be charged at 1_1 BALANCE DUE $14,119.2 8 %of the original value of the machine. Payment Attached 0 YES O NO D.In the event that this machine is returned to Wagner Equipment Co.before the guaranteed rental RENTAL EQUIPMENT PROTECTION period is completed,the rental rate will revert to$$0.0 0 per month plus applicable taxes. Renter must elect A.or B.by signing below. A.Renter elects to purchase Rental Equipment Protection from Owner on the machine retail value Wagner Service Plan: 250/500/1000/2000 intervals are performed by Wagner of$0.00 at rate of 0 of the applicable rental period rental rate or a minimum of$10.00.A for additional monthly fee. Customer Service Plan: 250/500 intervals are deductible of$5000.00 applies.(See Rental Equipment Protection on reverse side) customer performed with aide of Wagner sent CAT Care Kits. 1000/2000 x intervals are performed by Wagner and billed at time of conversion. B.Renter declines Rental Equipment Protection and will cover the machine retail value of $812,768.09 by providing his/her own all risks insurance coverage.(See INSURANCE on reverse side) x x CSA: CUSTOMER AGREES TO PROMPTLY ADVISE THE SALESMAN IF THE UNIT IS MOVED TO ANOTHER PROJECT AND TO PROVIDE ALL NECESSARY INFORMATION REGARDING ANY CHANGE IN LOCATION. LESSOR BY. Dale. SALESMAN NAME: Harsh, Jon LESSEE BY: Dale'. SALESMAN PHONE NO.:9 7 0-2 15-9 924 Contract Form Entity Information Entity Name* Entity ID* New Entity? Please use the job WAGNER EQUIPMENT COMPANY SUP-1 857 aid linked here to add a Q supplier in Workday. Contract Name* Contract ID Parent Contract ID 2026 HAUL TRUCK RENTAL 10419 Requires Board Approval Contract Status Contract Lead* YES CTB REVIEW NGIBSON Department Project# Contract Lead Email ngibson@weld.gov Contract Description* RENTAL OF HAUL TRUCK FOR MINING DIVISION Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PUBLIC WORKS Date* 03/05/2026 03/09/2026 Amount* Department Email $204,000.00 CM- Will a work session with BOCC be required?* PublicWorks@weld.gov NO Renewable* NO Department Head Email Does Contract require Purchasing Dept. to be CM-PublicWorks- included?* Automatic Renewal DeptHead@weld.gov NO Grant County Attorney IGA BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 10/30/2026 Termination Notice Period Expiration Date* Committed Delivery Date 12/31 /2026 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel .CURTIS HALL CHRIS D'OVIDIO BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/02/2026 03/05/2026 03/05/2026 Final Approval BOCC Approved Doc ID# AG 031126 BOCC Signed Date Originator BOCC Agenda Date NGIBSON 03/11 /2026 Hello