HomeMy WebLinkAbout20233728.tiff RESOLUTION
RE: APPROVE RENTAL CONTRACT MANDATORY PROVISIONS FOR TWO(2)40-TON
ARTICULATING HAUL TRUCKS FOR VARIOUS GRAVEL PIT MINES, AND
AUTHORIZE CHAIR PRO-TEM TO SIGN-PROSOURCE MACHINERY,LLC
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 Contract Mandatory Provisions
for Two(2)40-Ton Articulating Haul Trucks for Various Gravel Pit Mines,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 ProSource Machinery,LLC,with further terms and
conditions being as stated in said contract,and
WHEREAS,after review,the Board deems it advisable to approve said contract,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 Contract Mandatory Provisions for Two(2)40-Ton
Articulating Haul Trucks for Various Gravel Pit Mines,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 ProSource Machinery,LLC,be,and hereby is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be,and hereby is,
authorized to sign said contract.
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.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: O,tnl .-rdi ;e1 EXCUSED
M' eeman,Chair
Weld County Clerk to the Board
BL
�A � �; Pro-Tem
r rl ck-
Deputy Clerk to the Board ..,
IS�.1,�:iK.James
-D APP'+VED T F s-M: r .�`►.• Er!
et6i ►. �Ross
County ttorney
Saine
Date of signature: ~ate
cc:POCcH/pp/DN/SB/WG) 2023-3728
02/12/9N EG0081
Coni-vachba 7(0K
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS AROUND TITLE:Haul Truck Rental
DEPARTMENT:Public Works Mining Division DATE:11/27/2023
PERSON REQUESTING: Nate Gibson Trucking/Mining Supervisor
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 received,the lowest monthly cost was from ProSource Equipment for$13,000/month for 12
months,with no additional service fees for a total of$312,000.00.There is$336,000.00 budgeted for haul truck
rental in 2024.
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/Ongoing or Subsequent Fiscal Years): The requested rental
agreement would not exceed$312,000.00
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:
Perry L.Buck,Pro-Tem
Mike Freeman,Chair IMf
Scott K.James
Kevin D.Ross E
Lori Saine
2023-3728
17_/t71
E6-1OU43I
Pc 8
r ,I WELD COUNTY MANDATORY CONTRACT PROVISIONS
P
Rental of Two 40 ton Haul Trucks
By execution of this Agreement,this t(1' day of DeCal(b2Y 2023,between the Board of County
Commissioners,by and on behalf of Weld County,Colorado,(hereinafter"Weld County"),and ProSource
Machinery,(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 lntefpretation: 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. Covernmental 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 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 I
(January 13,2015)
dPO2-6.-378
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. Nan-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.
ProSource Machinery BOARD OF WELD COUNTY COMMISSIONERS
Rental Company WELD COUNTY,COLORADO
By: a 1�.&aeo
Name: Glenn Villano �'/✓G�%�`
rry Nro Tem
Title:Colorado Regional Manager L.Huck hair
DEC 1 8 2023
Attest:W. mm) �/►�_;ok Cl'rk to the Board�C��
I.I t(.07-c '1 Deputy C irk to the Boar*'
4441, 4411
Rental Agreement Mandatory Provisions Page 2
(January 13,2015) Ow�n
�� �0
. Rental Quote
Agreement O85938
ACCT#: 94757
7260E CROSSROADS BLVD
WINDSOR,CO 80550
PHONE:(970}278-1750 FAX:(970}622-1239 PO 8:
ORDERED BY: JOSUA HOLBROOK
970-301-2622
JOBSITE INFO: SHOP
SHOP
1111 H STREET
GREELEY-OUTSIDE,CO
CONTACT NAME: JOSUA HOLBROOK
CONTACT PHONE: 970,01-2622
WELD COUNTY DELIVERED VIA: INTERNAL TRANSPORT
FLEET MAINTENANCE JO®SITE COUNTY: WELD CO
1399 N 17TH AVE DATE OUT: 01/01/2024 Mon 08:00 AM
GREELEY,CO 80631 EST.DATE IN: 01/29/2024 Mon 08:00 AM
DELIVERY DATE: 01/01/2024 Mon 08:00 AM
SALES REP: J R HARSH(S-1-208}
WRITTEN BY: JOLI WALLACE
Custorrter shall,at Customer's sole expense,comply with all applicable local,state,and federal ordinamces,ragulatians,and
laws,including but mat(suited to those ralating to worker safety and the environment,building and zonimg oodas,all iicetrNng
and perrrllt requlranlents,and any waste and waterd spoeal requlrernonts which may apply to the use of the EquloWanl,
+ Custom�r is respansfble far returning unit with tank)dump bed ensp1:od,clean,and Iwo a€hazardous at€oats,Custamec is
respamslble for Insurance,all required permits,ll roses;and Ioepa'hneat of Transpor laden carnpllarsce..if recn end,3 010mser is
resp000:ble for displaying its awls DOT number on the vehicle and agrees la be rbspons:bhr for any ant(all expenses 000000l by
Lass�r lmcludlng those resulting from€any clatlfans,fines,penalties,iudc awads,atta nay fans,and legal expanses.Ito dyad
fuel allowed.Customer is subject to additional oharges far any testing,deeming,and material disposal.
1. A1 0RTI9-CUED TRUCK 740 GC $0.00 $0.00 $18,960.00 18,964.00
0045LAT
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 ENVIRONMENT FEE 1.50 era 284.40
1 PMAP 740.30 each 740.30
1 FREIGHT DELIVERY 450.00 each 450.00
1 FREIGHT RETURN 450.00 each 450.00
.00
Total: 20,884.70
Rental rates are based on 8 hours In one 24-hour day,40 hours In 7 days,or 178 hours in 4 weeks.Unless specifically listed,tales fde not include Iuel,lazes;
emvlwnmontsl charge,diesel surcharge,SMM,or Preuenflue Maintenance Asautaose Program IFMA€)ehrzrgss.Rw lal Equ�p emt Prsltectlon lls%of prose rental
charges)wilt ba charged lm the absence of prpof of insurance greater than or equal to the oalue of llte rental equlpmsrl.Rental Equlpntanl Protection tray optionally
ba purchased by cuslornees-In ilea ref usleg the customers existing lnsuranes pdicy As dtlonal charges may also apply tar stliplaing,hand ng,and ooctltrrte,Call
Wagner for more lntonnallon.prlcas and anallablllly subject to chango t lthoul notica.05saunls dx net rapid sn ra-rent�l aqulptnbnL F.O S.Wagner UdOSS
of sa nand,Terms and cortfllllrans can lie of dal warm l trnstlt.osnn/termsl.
AURORA,CO•ALBUQUERQUE,NM•BLOOMFIELD,NM•BURLINGTON,CO•COLORADO SPRINGS,CO•DURANGD,CO•EL PASO,TX
GRAND JUNCTION,CO•HAYDEN,CO•HOBBS,NM•PUEBLO,CO•WINDSOR,CO•YUMA,CO
w w,wagnerequipment.cam
Printed on Thursday,November 2,2023 4;16:17 PM by JWALLACE Q 85938 Page 1 of 1
"Tin Product Support People"
MOTIVE -''PORtATlON
5000'Jasquez Blvd. 2239 Commercial Blvd 2340 1-70 Frontage Road 2600 Center Or.,P.O.Box 336
Dewar,CO 80216 Colorado Springs,CO 80906 Grand Junction,CO 81505 Milliken,CO 80543
Phone 303-355-5900 Phone 719-576-5541 Phone:970-241-1550 Phone 303-355-5900
Fax:303-388-9328 Fax:719.576-5602 Fax 970-241-0166 Fax.303-388-9328
Weld Comity Public Works 11/01/23
Attn:Nate Gibson
Pleased to offer these 2024 Discounted Requested Rental Rates
2-HM400-5 44.1 Ton Haul Trucks w/Heated Bed,Load Meters&Dump Counters
• Monthly$15,725.00 ea.
• Hourly PM Fee$8.09(PMC will perform oil changes after hours as needed.This covers
the cost to do so.)
Please let me know as soon as you can for availability.
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
Roger Howell
Territory Sales Manager
Power Motive Corporation
2800 Center Dr
''' •° Milliken,CO 80543
Ish, Cell 870-401-1322
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9
Duane Naibauer
From: Glenn Villano<glenn@prosourcemachinery.com>
Sent: Saturday,November 11,2023 12:45 PM
To: Nate Gibson
Cc: Glenn Villano
Subject: Prosource Machinery-Rokbak RA40 Haul Truck rental
Attachments: RA40-Spec Sheet-2022.pdf
Ceutieo:This email orlglnated from outside of Weld County Government.Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Nate,
Upon further discussion with my management team,we can support your request for a 12-month rental on one,
possibly 2 RA4D Rokbak 401 haul trucks.
The price,as agreed,is$13,000 a month for a guaranteed 12 months of hours to be under 3000 hrs.per truck for 2024.
This price would include Prosource Machinery maintaining the preventative maintenance and any work-related under
the warranty guidelines at no cost to Weld County under the agreement that all work will be performed in Weld County.
Can you send me a copy of your one-year contract so we can review the details and confirm we are under the same
understanding as Weld County?
You will find attached our literature on the Rokbak RA40 Haul Truck.
Feel free to reach me on my cell below to discuss further.Thank you for this opportunity.
Sincerely,
Glenn Villano,Sales Manager
Machinery
Colorado,Wyoming,Montana
O:719-208-4333 C:719-400-8470
g€e lU.P.ttnosourcemacitinery.410
www.r�rosou rce m achinerv.corr�
https://app.trnsact.co m/?vendorcontactld=daeccfd7-8c30-ed 11-814b-066ef92796c9
roSource
MACHINERY ,�.
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Duane Naibauer
From: Carlos Koons<ckoons@4riversequipment.com>
Sent: Wednesday,November 1,2023 1:53 PM
To: Nate Gibson
Cc: Eddie Tenijieth;Damian Rice
Subject: Re:41 Ton Haul Truck-2024 Rental Quote
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the
j sender and know the content is safe.
It would not affect the monthly rental.However,availability is limited to the extent that I have no hail trucks at any
location available. We have several ordered.However,it will be a few months before we see any of them.
Get Outlook for iOS
From:Nate Gibson<ngibson@weld.gov>
Sent:Wednesday,November 1,2023 1:47:43 PM
To:Carlos Koons<ckoons@4riversequipment.com>
Cc:Eddie Tenijieth<etenijieth@4riversequipment.com>;Damian Rice<drice@4riversequipment.com>
Subject:Re:41 Ton Haul Truck-2024 Rental Quote
Carlos,
Would it be possible to get one with a heated bed?Would that affect cost?
Sent from my iPhone
On Nov 1,2023,at 10:24 AM,Carlos Koons<ckoons@4riversequipment.com>wrote:
Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good mornin3 Nate—
Thanks for the call this morning.We appreciate the opportunity to quote Weld County a 41 Ton Haul
Truck for the 2024 Season.Rental rate as follows:
Current Rate-$12,650.00
2024 Rate-$13,915.00
Current Hour y Preventative Maintenance Hourly Rate-$4.15hr
2024 Preventative Maintenance Hourly Rate-$4.50hr
This is about a 10%increase which is in line with machine and parts price increases over the last year.
Please call with any questions.
1
Entity Information
Entity Name* Entity ID" Q New Entity?
PROSOURCE MACHINERY LLC @00043315
Contract Name* Contract ID Parent Contract ID
HAUL TRUCK RENTAL AGREEMENT 7685
Contract Status Contract Lead* Requires Board Approval
CTB REVIEW NGIBSON YES
Contract Lead Email Department Project#
ngibson@weldgov.com
Contract Description*
RENTAL OF UP TO TWO 40 TON ARTICULATING HAUL TRUCKS
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PUBLIC WORKS Date* 12/21/2023
12/25/2023
Amount* Department Email
$312,000.00 CM- Will a work session with BOCC be required?*
PublicWorks@weldgov.co NO
Renewable*
m
NO Does Contract require Purchasing Dept.to be
Department Head Email included?
Automatic Renewal CM-PublicWorks- NO
DeptHead@weldgov.com
Grant
County Attorney
GENERAL COUNTY
IGA 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
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
01/01/2024 11/15/2024
Termination Notice Period Committed Delivery Date Expiration Date*
12/31/2024
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
.CURTIS HALL CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/12/2023 12/12/2023 12/12/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121823
BOCC Signed Date Originator
NGIBSON
BOCC Agenda Date
12/18/2023
Hello