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Home My WebLink About20232672.tiffRESOLUTION RE: APPROVE RENTAL QUOTE AGREEMENT AND MANDATORY CONTRACT PROVISIONS FOR ASPHALT REMIX TRANSFER VEHICLE FOR COUNTY ROAD 77 BETWEEN STATE HIGHWAY 14 AND COUNTY ROAD 100 IMPROVEMENTS PROJECT, 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 for the County Road 77 between State Highway 14 and County Road 100 Improvements Project, 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 rental quote agreement and contract 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 Asphalt Remix Transfer Vehicle for the County Road 77 between State Highway 14 and County Road 100 Improvements Project, 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. cc: pw(CN/ER/SH) 2023-2672 EG0081 RENTAL QUOTE AGREEMENT AND MANDATORY CONTRACT PROVISIONS FOR ASPHALT REMIX TRANSFER VEHICLE FOR COUNTY ROAD 77 BETWEEN STATE HIGHWAY 14 AND COUNTY ROAD 100 IMPROVEMENTS PROJECT — 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: ,,,e�,.„ J G1 .v1,4;4 Weld County Clerk to the Board APP �u�utic�k Deputy Clerk to the Board untyAt: 'e Date of signature:1zs ri Saine man, Chair 2023-2672 EG0081 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: 8/30/2023 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 the WCR 77 / SH14 to 100 project. There are only two companies in the state of Colorado that can rent this type of equipment. We have contacted both companies and only Wagner has one available during the timeframe we are paving. An asphalt remixing transfer vehicle improves safety on the job, the quality of the asphalt, and also improves the efficiency and production of paving operations. A remixing transfer vehicle will allow us to remove a ground operator and place them in the vehicle, which will improve safety in a congestion work zone. Thermal segregation in asphalt pavement will compromise the surface and structure of the asphalt. Cracking, raveling, segregation and poor compaction is a result of asphalt cooling while being transported from the plant to the job site, all these things will result in premature pavement failure and cause the asphalt pavement to not meet the deign life of the roadway. The WCR 77 project also requires a total paving road width of 36'. This remixing transfer vehicle will allow us to pave the total width in only two passing instead of three passes that we would have to do using our current process, helping us with efficiency and production. What options exist for the Board? Consequences: Approval of this rental will give Public Works the best opportunity to finish the WCR 77 project on schedule. Impacts: If the board denies the rental of this unit, it could be extremely difficult to finish the WCR 77 project in 2023. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The requested rental quote is for two months and a total amount of $56,516.71. Public work does have funds in this year's budget to pay for the rental. Recommendation: Staff recommends the rental of the remixing transfer vehicle to be placed on the BOCC agenda for consideration. 2.02 5-2(072. Support Recommendation Sch ule Place on BOCC Anenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine fb .i'f- vca Erna Karla Ford From: Sent: To: Subject: yes Lori Saine Weld County Commissioner, District 3 1150 O Street PO Box 758 Greeley CO 80632 Phone: 970-400-4205 Fax: 970-336-7233 Email: Isaine@weldgov.com Website: www.co.weld.co.us In God We Trust Lori Saine Tuesday, September 5, 2023 9:05 AM Karla Ford RE: Please Reply - Pass Around for Public Works Rental 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: Karla Ford <kford@weld.gov> Sent: Tuesday, September 5, 2023 8:27 AM To: Lori Saine <Isaine@weld.gov> Subject: Please Reply - Pass Around for Public Works Rental Importance: High Please advise if you approve recommendation to put on agenda. Thank you! Karla Ford X Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 1 040J 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 Q84804 ACCT#: 94757 PO #: ORDERED BY: JOBSITE INFO: CONTACT NAME: CONTACT PHONE: DELIVERED VIA: JOBSITE COUNTY: DATE OUT: EST. DATE I N : DELIVERY DATE: SALES REP: WRITTEN BY: JOSH HOLBROOK 970 400 3744 SHOP SHOP 1111 H STREET GREELEY - OUTSIDE, CO JOSUA HOLBROOK 970-301-2622 INTERNAL TRANSPORT WELD CO 09/18/2023 Mon 08:00 AM 10/31/2023 Tue 08:00 AM 09/18/2023 Mon 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 SMM TAX 2% 1 FREIGHT DELIVERY 1 FREIGHT RETURN $3,587.00 $10,293.50 $28,636.50 2.00 825.00 each 825.00 each Total: 52,810.50 1,056.21 825.00 825.00 .00 55, 516.71 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 Tuesday. August 29, 2023 11:00:19 AM by JWALLACE Q 84804 OPage 1 O�� 1 3 O�. 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 Reservation Agreement J46063 ACCT#: 94757 PO #: ORDERED BY: JOBSITE INFO: CONTACT NAME: CONTACT PHONE: DELIVERED VIA: JOBSITE COUNTY: DATE OUT: EST. DATE I N : DELIVERY DATE: SALES REP: WRITTEN BY: JOSH HOLBROOK 970 400 3744 SHOP SHOP 1111 H STREET GREELEY - OUTSIDE, CO JOSUA HOLBROOK 970-301-2622 INTERNAL TRANSPORT WELD CO 09/14/2023 Thu 12:55 PM 10/31/2023 Tue 12:55 PM 09/14/2023 Thu 08:00 AM J R HARSH(G-1-208) JOLI WALLACE QTY DESCRIPTION DAY WEEK 4WEEK 1 WEILER - E1650 - REMIX/TRANSFER ID:503913 SERIAL:1W9E1650APA001156 MODEL: HRS OUT: 0.0 HRS ALLOWED: 8/40/176 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 SMM TAX 2% ENVIRONMENT FEE FREIGHT DELIVERY FREIGHT RETURN $4,220.00 $12,110.00 $33,690.00 2.00 1.50 625.00 each 625.00 each 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. September 8. 2023 11:31:03 AM by JWALLACE J46063 Page 1 of 1 WELD COUNTY MANDATORY CONTRACT PROVISIONS For Rental of: Weiler E1650 remix/transfer vehicle By execution of this Agreement, this 18 day of September 2023, 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. 0024-18-201 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 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 Ibis 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 Rent Comp By: 4,, . Na J. fRR. Harsh Title: Earthmoving Sales Representative WELD COU � Ci• (/` ;ok. ATTE -� "��"' Weld o t Clerk to the B By: 9-11-2023 Date COUNTY OF WELD, a political subdivision of the State of Colorado By: 1P� Mike Freeman, Chair Board of Weld County Commissioners SEP 1 8 2023 Rental Agreement Mandatory Provisions (January 13, 2015) Page 2 a'0o23 _ , '72-i Contract Form Entity Information Entity Name* WAGNER EQUIPMENT COMPANY Entity ID* @00001857 CI New Entity? Contract Name* Contract ID ASPHALT REMIXING TRANSFER VEHICLE RENTAL 7372 Contract Status CTB REVIEW Contract Lead * JHOLBROOK Contract Lead Email Jholbrook@co.weld.co.us 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 ON THE WCR 77 FROM SH 14 TO 100 PROJECT FOR TWO MONTHS. Contract Description 2 Contract Type* LEASE Amount* $55,516.71 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 DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Due Date Date* 09/14/2023 09/18/2023 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 * 10/02/2023 Committed Delivery Date Renewal Date Expiration Date* 11/17/2023 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 09/13/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/18/2023 Originator JHOLBROOK Finance Approver CHERYL PATTELLI Legal Counsel ADRIA SCHIEL Finance Approved Date Legal Counsel Approved Date 09/14/2023 09/15/2023 Tyler Ref # AG 091823 Hello