HomeMy WebLinkAbout20242061.tiffRESOLUTION
RE: APPROVE RENTAL QUOTE AGREEMENT AND MANDATORY CONTRACT
PROVISIONS FOR ASPHALT REMIX TRANSFER VEHICLE, 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 Quote Agreement and
Mandatory Contract Provisions for an Asphalt Remix Transfer Vehicle 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, with further terms
and conditions being as stated in said agreement and provisions, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
provisions, copies of which are 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 Quote Agreement and Mandatory Contract Provisions for
an Asphalt Remix Transfer Vehicle 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 are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and provisions.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU • • _.' !
ATTEST: ,dtio w .444;
Weld County Clerk to the Board
• td atWs1 CJC
Deputy Clerk to the Board
APP' ! ED AS
County Atto ney'
l24.
Date of signature:
Kevin D. Ross, Chai
Perry L.uck, Pro-Tem
Mike Freeman
Lori Saine
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2024-2061
EG0082
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Asphalt Remixing Transfer Vehicle Rental
DEPARTMENT: Public Works Pavement Management
PERSON REQUESTING: Joshua Holbrook, Pavement Management Supervisor
DATE: 7/15/2024
Brief description of the problem/issue: The Pavement Management Division is requesting approval to rent
an asphalt remixing transfer vehicle to use during the paving operations on WCR 77 (WCR 100 to 106) and
WCR 22 (US 85 to 31). There are only two companies in the state of Colorado that rent this type of equipment.
We contacted both companies, and only Wagner has one available during the time frames we are paving.
An asphalt remixing transfer vehicle improves safety on the job, the quality of the asphalt, and also improves
the efficiency of paving operations.
Safety — The asphalt remixing transfer vehicle will allow us to remove a ground operator and place them in the
vehicle, which will improve safety in a congested work zone.
Quality - The asphalt remixing transfer vehicle will eliminate the issue of thermal segregation, which
compromises the surface and structure of the asphalt. Thermal segregation causes cracking, raveling and
poor compaction due to asphalt cooling while being transported from the plant to the job site. These conditions
result in premature pavement failure and cause the asphalt pavement to not meet the deign life of the roadway.
The purpose of the asphalt remixing transfer vehicle is to remix the asphalt to reach a consistent temperature
and provide the best possible end product.
Efficiency - The WCR 77 project requires a paving width of 36 feet, which will take three passes using our
current operations. The asphalt remixing transfer vehicle will allow us to pave the total width in only two
passes, helping us complete the job in much less time.
Public Works rented an asphalt remixing transfer vehicle last year for the 77 (SH14 to 100) project, and we
were impressed with the quality of asphalt and amount of time it saved.
What options exist for the Board?
Consequences: Approval of this rental will give Public Works the best opportunity to finish the 2024
projects on schedule.
Impacts: If the board denies the rental of this unit, it could be extremely difficult to finish the 2024
paving plan on schedule.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The requested rental quote is
for three months and a total amount of $128,108.65 in 2024. Public works has $25,000 in the budget for rental
equipment and Finance is willing to supplement the additional expense.
2024-2061
-7/31 EC 0037-
Recommendation: Staff recommends the rental of the remixing transfer vehicle to be placed on the BOCC
agenda for consideration.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman
Scott K. James
Kevin D. Ross, Chair
Lori Saine
04,
Kfr
Attachments:
Rental Quote from Wagner Equipment.
cc:
Curtis Hall, Director of Public Works
Duane Naibauer, Deputy Director
Mona Weidenkeller, PW Budget Coordinator
Jennifer Oftelie, Budget Manager
WAGNER
CAT
7260 E CROSSROADS BLVD
WINDSOR, CO 80550
PHONE: (970)278-1750 FAX: (970)622-1239
WELD COUNTY
FLEET MAINTENANCE
1399 N 17TH AVE
GREELEY, CO 80631
Rental Quote
Agreement Q90526
ACCT#: 94757
PO #:
ORDERED BY:
JOBSITE INFO:
CONTACT NAME:
CONTACT PHONE:
DELIVERED VIA:
JOBSITE COUNTY:
DATE OUT:
EST. DATE IN:
DELIVERY DATE:
SALES REP:
WRITTEN BY:
JOSH HOLBROOK
970 400 3744
SHOP
SHOP
1111 H STREET
GREELEY - OUTSIDE, CO
JOSHUA HOLBROOK
970-590-2577
INTERNAL TRANSPORT
WELD CO
08/01/2024 Thu 09:59 AM
10/31/2024 Thu 12:00 AM
08/01/2024 Thu 08:00 AM
J R HARSH(G-1-208)
JOLI WALLACE
QTY DESCRIPTION
DAY
WEEK
4WEEK EXTENDED
1. WEILER - E1650 - REMIX/TRANSFER
402-0015
METER OUT WILL BE UPDATED AFTER DELIVERY
ALL UNITS DELIVERED FULL OF FUEL MUST BE RETURNED
FULL OF FUEL OR INCUR A FUEL CHARGE
Miscellaneous Items
1
1
1
1
1
SMM TAX 2%
ENVIRONMENT FEE
FREIGHT DELIVERY
FREIGHT RETURN
Rental Equipment Protection
$3,945.70
$11,322.85
$31,500.15
2.00
1.50 %
825.00 each
825.00 each
16.00
Total:
105,823.30
2,116.47
1,587.35
825.00
825.00
16,931.73
.00
128,108.85
Rental rates are based on 8 hours in one 24 -hour day, 40 hours in 7 days, or 176 hours in 4 weeks. Unless specifically listed, rates do not include fuel, taxes,
environmental charge, diesel surcharge, SMM, or Preventive Maintenance Assurance Program (PMAP) charges. Rental Equipment Protection (16% of gross rental
charges) will be charged in the absence of proof of insurance greater than or equal to the value of the rental equipment. Rental Equipment Protection may optionally
be purchased by customers in lieu of using the customer's existing insurance policy. Additional charges may also apply for shipping, handling, and overtime. Call
Wagner for more information. Prices and availability subject to change without notice. Discounts do not apply on re -rented equipment. F.O.B. Wagner unless
otherwise noted. Terms and conditions can be viewed at www.wagnerequipment.com/terms/.
AURORA, CO • ALBUQUERQUE, NM • BLOOMFIELD, NM • BURLINGTON, CO • COLORADO SPRINGS, CO • DURANGO, CO • EL PASO, TX
GRAND JUNCTION. CO • HAYDEN. CO • HOBBS, NM • PUEBLO, CO • WINDSOR, CO • YUMA, CO
www.wagnerequipment.com
Printed on Friday, July 12. 2024 10:18:48 AM by JWALLACE
Q 90526 Page 1 of 1
W WAGNER
CM
7260 E CROSSROADS BLVD
WINDSOR, CO 80550
PHONE: (970)278-1750 FAX: (970)622-1239
WELD COUNTY
FLEET MAINTENANCE
1399 N 17TH AVE
GREELEY, CO 80631
Rental Quote
Agreement Q90526
ACCT#: 94757
PO #:
ORDERED BY:
JOBSITE INFO:
CONTACT NAME:
CONTACT PHONE:
DELIVERED VIA:
JOBSITE COUNTY:
DATE OUT:
EST. DATE IN:
DELIVERY DATE:
SALES REP:
WRITTEN BY:
JOSH HOLBROOK
970 400 3744
SHOP
SHOP
1111 H STREET
GREELEY - OUTSIDE, CO
JOSHUA HOLBROOK
970-590-2577
INTERNAL TRANSPORT
WELD CO
08/01/2024 Thu 09:59 AM
10/31/2024 Thu 12:00 AM
08/01/2024 Thu 08:00 AM
J R HARSH(G-1-208)
JOLI WALLACE
QTY DESCRIPTION
DAY
WEEK
4WEEK EXTENDED
1. WEILER - E1650 - REMIX/TRANSFER
402-0015
METER OUT WILL BE UPDATED AFTER DELIVERY
ALL UNITS DELIVERED FULL OF FUEL MUST BE RETURNED
FULL OF FUEL OR INCUR A FUEL CHARGE
Miscellaneous Items
1
1
1
1
1
SMM TAX 2%
ENVIRONMENT FEE
FREIGHT DELIVERY
FREIGHT RETURN
Rental Equipment Protection
$3,945.70
$11,322.85
$31,500.15
2.00
1.50
825.00 each
825.00 each
16.00
Total:
105,823.30
2,116.47
1,587.35
825.00
825.00
16,931.73
.00
128,108.85
Rental rates are based on 8 hours in one 24 -hour day, 40 hours in 7 days, or 176 hours in 4 weeks. Unless specifically listed, rates do not include fuel, taxes,
environmental charge, diesel surcharge, SMM, or Preventive Maintenance Assurance Program (PMAP) charges. Rental Equipment Protection (16% of gross rental
charges) will be charged in the absence of proof of insurance greater than or equal to the value of the rental equipment. Rental Equipment Protection may optionally
be purchased by customers in lieu of using the customer's existing insurance policy. Additional charges may also apply for shipping, handling, and overtime. Call
Wagner for more information. Prices and availability subject to change without notice. Discounts do not apply on re -rented equipment. F.O.B. Wagner unless
otherwise noted. Terms and conditions can be viewed at www.wagnerequipment.com/terms/.
AURORA, CO • ALBUQUERQUE, NM • BLOOMFIELD, NM • BURLINGTON, CO • COLORADO SPRINGS, CO • DURANGO, CO • EL PASO. TX
GRAND JUNCTION, CO • HAYDEN, CO • HOBBS, NM • PUEBLO, CO • WINDSOR, CO • YUMA, CO
www.wagnerequipment.com
Printed on Friday. July 12, 2024 10:18:48 AM by JWALLACE
Q 90526 Page 1 of 1
WELD COUNTY MANDATORY CONTRACT PROVISIONS
For Rental of: Weiler E1650 remix/transfer vehicle
By execution of this Agreement, this 31 day of July 2024, between the Board of County Commissioners, by and on
behalf of Weld County, Colorado, (hereinafter "Weld County"), and Wagner CAT, (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
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. §$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.
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/Leeal 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.
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.
Wagner Equipment Company 7-26-2024
Rental Company Date
By: Q4 ra i
m Nae. J• R. Harsh
Title: Earthmoving Sales Repersentative
WELD CO
ATT _ T:
W
y Clerk to the Bo
Deputy
COUNTY OF WELD, a political
subdivision of t e o do
By:
Kevin D. Ross, Chair
Board of Weld County Commissioners
JUL 3 1 2024
Rental Agreement Mandatory Provisions
(January 13, 2015)
Page 2
Contract Form
Entity Information
Entity Name"
WAGNER EQUIPMENT COMPANY
Entity ID*
@00001857
Contract Name
ASPHALT REMIXING TRANSFER VEHICLE RENTAL
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
8545
Contract Lead *
JHOLBROOK
Contract Lead Email
Jholbrook@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
THE PAVEMENT MANAGEMENT DIVISION IS RENTING AN ASPHALT REMIXING TRANSFER VEHICLE TO USE DURING
THE PAVING OPERATIONS OF WCR 77 FROM 100 TO 106 AND WCR 22 FROM US85 TO 31.
Contract Description 2
Contract Type *
LEASE
Amount"
$128,108.85
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.co
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda Due Date
Date* 07/27/2024
07/31/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Termination Notice Period
Contact Information
Contact Info
Review Date *
09/02/2024
Committed Delivery Date
Renewal Date
Expiration Date*
10/31/2024
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
07/29/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/31/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
07/29/2024 07/29/2024
Tyler Ref #
AG 073124
Originator
JHOLBROOK
Hello