The URL can be used to link to this page

Browse Search

Home My WebLink About20243349.tiffRESOLUTION RE: APPROVE RENTAL AGREEMENT WITH PROVISIONS FOR TWO (2) 40 -TON HAUL TRUCKS AND AUTHORIZE CHAIR TO SIGN - POWER MOTIVE CORPORATION 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 with Mandatory Provisions for two (2) 40 -Ton Haul Trucks 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 Power Motive Corporation, commencing January 1, 2025, and ending December 31, 2025, with further terms and conditions being as stated in said agreement, and WHEREAS, pursuant to Weld County Code Section 5-4-80, Expenditures Not Requiring a Procurement Process, the Purchasing Manager determined the Rental Agreement meets the criteria for exempt items purchased through current State, Federal, GSA, or other Cooperative Contracts, 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 with Mandatory Provisions for two (2) 40 -Ton Haul Trucks 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 Power Motive Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. CC: PGJ(CH/DN/bb/SS(t JG) oI/2fS/25 2024-3349 EG0082 RENTAL AGREEMENT WITH MANDATORY PROVISIONS FOR TWO (2) 40 -TON HAUL TRUCKS — POWER MOTIVE CORPORATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of December, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY ATTEST: / J w y�%eA Weld County Clerk to the Board Bnti )JLf1UMJO4UJ1Ck AP Deputy Clerk to the Board County A ey Date of signature: I3O, I V Ross , Chair �j Perry L. B j- k, Pro-Tem Mike Freeman Saine 2024-3349 EG0082 �ovrwc� c,k-ID 4(o BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Haul Truck Rental DEPARTMENT: Public Works Mining Division PERSON REQUESTING: Nate Gibson Trucking / Mining Supervisor DATE: 12/10/2024 Brief description of the problem/issue: The Mining Division is in need of two 40 -ton articulating haul trucks to stockpile pit run for surface gravel processing and reclamation at Peters 313, Hokestra, Koskie and Pierce North pits. Four quotes were requested, two were received with two vendors not submitting quotes. The lowest monthly cost was from Power Motive Corporation for $15,725.00/month for 12 months, with an additional service fee of $8.09/hour of use. There is $336,000.00 budgeted for haul truck rental in 2025 which will not be exceeded. What options exist for the Board? 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. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): The requested rental agreement would not exceed $336,000.00 Recommendation: Staff recommends the rental agreement be placed on the BOCC agenda for consideration. Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Seine Support Recommendation Sche ule Place on BOCC Agenda Work Session Other/Comments: h 2024-3349 12/1'3 EGIUOK_, WELD COUNTY MANDATORY CONTRACT PROVISIONS Rental of Two 40 ton Haul Trucks By execution of this Agreement, this l O day of DeaV X 2024, between the Board of County Commissioners, by and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and Power Motive Corporation, (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 teen 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 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 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. 6624-18-201 et seq. and 024-50-507: 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. Rental Agreement Mandatory Provisions Page 1 (January 13, 2015) 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 fable 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. 17. 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. Power Motive Corporation Rental Company By: ii Name: Title: Scales ('� .r r .4o7 I '1 A r� A � • r Kevin D. Ross, Chair D Board of County Commissioners Attest: Weld County Clerk to the Board By: Deputy Clerk to the Board Date DEC 1 8 2024 Rental Agreement Mandatory Provisions (January 13, 2015) Page 2 zoz4-33,+9 INFORMAL QUOTE FORM UNIT# REQUESTOR HVY & LTD $1,000-$24,999 EQM $5,000-$24,999 Haul Truck Rental WO # N/A DATE Steve Raney SCOPE OF WORK 10/31/2024 Rent up to 2-40 ton haul trucks ITEM MANUFACTURE/MODEL 4 Rivers John Deere 40 ton haul truck PECO No Bid Wagner No Bid PMC Komatsu HM400 44.1 Ton Haul Trucks VENDOR Rental fee/Month Additional fees TOTAL 4 Rivers $ 16,800.00 498.08/PM $ 17,298.08 PECO $ - $ $ Wagner $ $ $ PMC $ 15,725.00 PM charge 8.09/ Hour $ 15,733.09 NOTES VENDOR QUOTE NOTES AWARDED TO VENDOR NOTES PMC TOTAL $377,594.016/ year APPROVED BY DATE 11/12/2024 PMC low bid 5000 Vasquez Blvd. Denver, CO 80216 Phone 303-355-5900 Fax: 303-388-9328 2239 Commercial Blvd Colorado Springs, CO 80906 Phone: 719-576-5541 Fax: 719-576-5602 23401-70 Frontage Road Grand Junction, CO 81505 Phone: 970-241-1550 Fax: 970-241-0166 KOMA'11111° 2600 Center Dr., P.O. Box 336 Milliken, CO 80543 Phone: 303-355-5900 Fax: 303-388-9328 Weld County Public Works 11/1/24 Attn: Steve Raney 2 — Komatsu HM400-5 Haul Trucks 44.1 Ton Capacities w/ Bed Heaters, Dump Counters. Please to offer these 2024/25 discounted rates for your rental needs. HM400: $15,725.00/monthly ea. PM Charge $8.09/hr (PMC will perform oil changes after hours as needed. This covers the cost to do so.) Thank you for working with us on your equipment needs. PMC appreciates your patronage and look forward to earning your business in the future, as well as to your continued success. Sincerely, Contract For'm Entity Information E tity Name * P WER MOTIVE Contract Name* 20215 HAUL TRUCK RENTAL Cortract Status CTBII REVIEW Entity ID" @00003246 ❑ New Entity? Contract ID 8946 Contract Lead * NGIBSON Contract Lead Email ngibson@weld.gov Conl tract Description* RENTAL OF UP TO 2 40 TON HAUL TRUCKS FOR MINING RECLAMATION Cortract Description 2 Contract Type* AGREEMENT Amount* $336,000.00 Renewable" NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 12/14/2024 12/18/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Termination Notice Period Contact Information Contact Info Review Date * 11/01/2025 Committed Delivery Date Renewal Date Expiration Date* 12/31/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head .CURTIS HALL DH Approved Date 12/12/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/18/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 12/12/2024 12/12/2024 Tyler Ref* AG 121824 Originator NGIBSON Hello