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HomeMy WebLinkAbout20223378.tiffRESOLUTION RE: APPROVE EQUIPMENT LEASE AND RENTAL AGREEMENTS MANDATORY CONTRACT PROVISIONS FOR TWO (2) 40 -TON HAUL TRUCKS AND AUTHORIZE CHAIR TO SIGN - 4 RIVERS EQUIPMENT 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 an Equipment Lease and Rental Agreements Mandatory Contract 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 4 Rivers Equipment, commencing January 1, 2023, and ending December 31, 2023, with further terms and conditions being as stated in said agreements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 Equipment Lease and Rental Agreements Mandatory Contract 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 4 Rivers Equipment be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreements. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d2thJ %,,k, EXCUSED Scott K. James, Chair Weld County Clerk to the Board BY: Cou " % Attorney Date of signature: lz/I2, . Perry L. Bu _..,,-.---- 7? -z-,,-,_,-, teve Moreno, Acting Chair Pro-Tem Lori Sain cc:Pw(cHI R/sy) 17./16/22 2022-3378 EG0080 canivac off -(053(0 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2023 TWO 40 TON HAUL TRUCKS RENTAL DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 11/22/2022 PERSON REQUESTING: JEFF YORK, 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. Three quotes were received, the lowest monthly cost was from 4 Rivers Equipment for $25,300.00/month for 12 months, and additional $16,600.001n service fees for a total of $320,200.00 There was a $28,000.00/month ($336,000.00) rental approved in the 2023 budget. What options exist for the Board? (include consequences, impacts, costs, etc. of options): A) The Board can approve this monthly rental. B) The Board can deny this monthly rental. Recommendation: &mg Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Seine 'IMF 2022-3378 WELD COUNTY MANDATORY CONTRACT PROVISIONS Two 40 ton Haul Trucks By execution of this Agreement, this 7 day of D ecf ✓ , 2022, between the Board of County Commissioners, by and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and 4Rivers 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. end 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. Goseromental 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 bean agent or employee of Weld County. Rental Company and in 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 mles 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. (lto Ltabilityr for De gre/Defec(ltot Caused by Weld County: Notwithstanding any provisions to the contrary, Wald 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. 0824-18-201 et sea. and 824-00-507: 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 scrnices and Rental Company shall not employ any person having such known interests. Rental Agreement Mandatory Provisions Page 1 (January 13, 2015) 020 ?-. 371 Title: .b1 —O51. t_ 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. it. No Third Party Benefteiary 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 tie 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. Attarnevs Fees/Lees! 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 front defects, 14. Nonl..Asaisnment: 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 Aertrentt, This Agreement is nonexclusive and County may engage or use other Rental Companies or persons of the same or similar nature. 16. jsterruotions: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 bee 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 terns of the Agreement. teve Moreno, Acting Chair Pro—Tem Hoard of jag; is:'lt9ilters �,/ ;ok. Attest Weld ' otyity lerk to the B.ar. Date ^' By: Deputy Clerk to Page 2 212?2 Rental Agreement Mandatory Provisions (January 13, 2015) 02oaa -33 ?g EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE CONTRACT NUMBER 149212 LESSEE NAME WELD COUNTY CUSTOMER NO 110905 STREETADDRESS 1111 H STREET DATE I GOVT BID NUMBER DATE DEALERACCOUNTNUMBER 7478 CITY GREELEY STATE CO ZIP CODE 80831 LESSOR NAME & ADDRESS FORT COLLINS-4 RNERS EQUIPMENT 125 JOHN DEERE DR FORT COLLINS CO 80524 970-482-7154 TELEPHONE (970)356-4000 NAME OF CONTACT JEFF YORK PHO 970381NE -1403 PURE RPURCHASEENTALORDER NO PURCHASER TYPE: 4 County MARKET USE: 49 EQUIPMENT WILL BE USED AT (County) WELD (City) GREELEY (Sole) CO COUNTY CODE C0123 I Rentals are Payable in Advance of Use of Equipment RENTAL TERM RENTAL IS: Hour Day Week 4 Week O GUARANTEED BY LESSEE �._-_ S a(- ;:DMAC: 1 Per ❑ 10.00 1 2°h 1 DESCRIPTION OF RENTAL EQUIPMENT ' Rental Unit Model Model Name Eq ID PIN No Meter Reading Present Value 137228 John Deere 411E , Contract Notes TG TPMS 680504 1DW410ETCHF880504 8833 3349500.00 Total Preserrt Value 5349,500.00 PLEASE RETURN'Al FULL ON FUEL AS REFUEL RATE IS SVI PER GALLON IF UNIT REQUIRES DEF, PLEASE RETURN FULL AS REFILL RATE IS" PER GALLON. IF UNIT REQUIRES A KEY, PLEASE RETURN WITH A KEY. MISSING KEYSARE 825.00 EACH. CLEANING IS 5150.00 PER HOUR WELD COUNTY TO BE BILLED 34.1$/HR FOR ALL PREVENTATIVE MAINTENANCE. THIS CHARGE WILL BE BILLED MONTHLY BASED ON USAGE REFLECTED ON JDUNK. THIS DOES NOT INCLUDE DAILY INSPECTIONS, GREASING, FUEL, AND DEF. 4RIVERS EQUIPMENT WILL PERFORM ANY NECESSSARY PM WORK ON -SITE. SERIAL NUMBER AND STOCK NUMBER ARE SUBJECT TO CHANGE THANK YOU FOR YOUR BUSINESS! Lessor hereby leases to Lessee the equipment identltted above (" EgUpmenfl for the tens and sID the rental payments set ou'tab': above. Rlrtal payments shall be made to Lessor at the address shown above, 9ublect to the provialone of paragraph 4 on the reverse side hereof. The Equipment will be transported tand ill? place of business during the rental tens at Lessee's expense. Lessee also agrees to pay any additional charges noted above upon or before receiving the Equipment from the Lessor. It Is Contemplated that the EquIpmentwill be operated for not more than: NO. OF HOURS IN ANY ONE DAY N0. OF HOURS IN ANY ONE WEEK NO. OF HOURS IN ANY 4 WEEKS I 40 1 178 Lessee agrees to pay additional rent prorated at the appli0OlNe daily, weekly or 4 week rate for each hour the Equipment is used In exCA55 of such 1111. The additional rent for excess hours of use wYI be paid at the time the Equipment Is returned or, lithe Equipment is teased for more than thirty days, on the ltrat day of the month following such use. K an tour meter to furnished, (1) l eases agrees to keep 8 connected to the Equipment and In good working condition at al times, and (2) if will be used as the conclusive measure of the number of hours of operation. If Lessee fails to retool the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half Imes the normal rental, for each day that the Equipment remains unratumed. Lessee assumes all risks and liability for and agrees to hold Lessor and its assign harmless from all personal injuries and death, property damage, suds, dates (including third party claims), losses, expenses, costa, and attorney fees. arising from or In connection with the Lessee's use, possession, entrustment to others, or transportation of the Equipment. Lessee, at Lessee's own expense, will carry general liability insurance with U110ts of liability not less than 51,00O000 per oowrrence and 51,000,000 aggregate, unless greater liability limits are specified below. PER OCCURRENCE LIMIT PER AGGREGATE LIMIT $0.00 0.. 1 Lessee agrees to furnish a Certificate of insurance to Lessor's satisfaction evidencing Lessee's compliance with the foregoing requirement and name the Lessor as an additional insured on the Lessees general liability policyupon demand by Lessor. ORIGINAL Page 1 of 2 be based on the Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor's possession. The eamount of any suchl� add gn3esb will and care for the value shown above. Damege to the Equipment, other than a total loss, will not abate or excuse the making of press payments. Equipment in a careful and prudent manner. Lessee agrees to pay al operating. maintenance expenses white the Equipment is out of the Lessor's possession, and to make or secure any needed repairs. All repairs .hail be Lessees expense, except to the extent that lessor perkxrns repairs end obtains compensation for doing so from the manufacturer. To the eideM peeeHted by few, neither Lessor. its assigns, the wholesale distributor or manufacturer makes any representation or promise as to. quefity, iswforman.. or ttaedom torn dated of the EgtrlPment and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. Meatier lessor, its assigns, the wholesale distribukx or manufacturer will be liable for any incidental or consequential damages which may result from the use, performance or failure of the Equipment. Lessee acknowledges that the Equipment is of a size, design and capacity selected by Lessee and that Lessee A satisfied that the Equipment A suitable for Lessee's purposes. Lessee will return the Equipment to Lessor In as good condition as received, reasonable wear end tear excepted, by the end of the rental tern. If the Equipment is not in such good condition upon Its return to Lessor and Lessor elects to repair it Lessee will pay for such repairs at Lessor's regular shop rates. Lessor may. at Lessor's option, repave the Equipment with a similar machine et any time during the rental term. Lessor will may Lessee tf Lessor intends to exercise this option. and Lessee will have three (3) business days following such notice In which to exercise the purchase option provided beiovr or return the Equipment to Lessor. Upon return of the Equtpmerrt te Lessor, the rentat term hereunder shall terminate, and the parties eHl enter into a new original Rental Agreement coveting the replacement machine. Such new Rental Agreement shaft extend, ate minimum, for the remainder of this Rental Agreements rental term and have a rental rate no greater than the rata for rental of ate Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipmentfor the 'Total Present Value" speckled on this Rental Agreement, and may apply to such purchase price (m 0 % of all rentals previously paid. An election to purchase will he evidenced by execution ea purchase order form supplied by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL: OF THE TERMS AND CONDITIONS SET OUT BELOW., LESSEE (customer) - Aft new equipment ranted hereunder was received with Oparetor a Metals, and operation and setvt tp have been explained to me. 0 7 2822 SIGNATURE DATE CONTRACT NUMBER 149212 LESSOR (Dealer) - T e equAPmwM rented hereundec was set uP,...Led and. If new. adjusted according to factory reCommendatons before delivery. Operation and servicing have been explained to the Lessee. 1\12822 SIGNATURE DATE RENTAL AGREEMENT rl Leases win notf �i Lessors written consent, EStee any accessories or devises on the Equipment if taeh Installs.. impair the orlginefy intended tensor to use of the Equipment All accessories or devices affixed to the Equipment will become the property of Lessor unless such seems y or device can be removed wHlnotrt m any way etkseUng the originally intended function or use of the Equipment Any damage to the Equipment caused by the removal of such accessories or devices wad be repaired et Lessee's expense. 2 Compliance with Reg ulaHona Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment 3. Insaectlon Lessee Nrfrflftl�, whensvor requested, advise Lessor of the exact location of the Equipment Lessor and its representatives may, for the purpose of inspection, enter upon any Job, bonding or piece where the Equipment Is located el any reasonable time. Lessor may remove the Equipment without notice to Lessee If. in the opinion of Me Lessor. It is being teed beyond ee t epaci(y or in any other manner of P epery cared for or abused. =greens' Assig g ens' Lessee agrees that Lessor may assign this Rental Agreement and all right title and Interest of Lesser in and to the Equipment, and all sums due or to become due to lessor hereunder (of which assignment lessee hereby waives nonce), end Lessee agree. to recognize such assignment Lessee's obligation to pay rent tender this Rental Agreement will not es b any ...Pee be w4ject to any ...on arising out of any breach of any obligation hereunder or other liability of Lessor to Lessee. Lessee may not assign this Rental Agreement. Lessee further agrees to make rental payments iSrectty to John Deere Conemrction Equipment Company ( Deetej, If Deere becomes Lessor's assignee, upon and tollteeng receipt from Deere of evideete of assignment and a written request to do so, ant Lessor agrees to recognize any payment so mede as satisfaction of Lessee's obligation to melee that payment hereunder. I'Lesseatfaes to make any rental payment when due, attempts to sell or ehoumber the Equipment, ceases operating, Institutes or has Instituted against It proceedings under any bankruptcy or Insolvency law, makes an assignment for the benefit of creditors or fails to compy with any other provisio n of this Rental Agreement, or B any attachment, 9xednuHori, wnt or process is levied against the Equipment or any of Lessee's property. or If for any reason Lessor deems Itself Insecure or the Equipment unsafe, Lessor may laminate the rental term hereunder by givkg Lessee written notice thereof, in which event Lessee will deriver the Equipment to Lessor on demand, and Lessor may enter upon any job, building or place where tux+ Equipment Is located end take possession oft without nonce to Leese. M the event of such termiratian, Lessee agrees to pay all gueranleed rentals and all other resale due, damages for any injury to the Equipmiernt, legal expenses, costs of removal of the Equipment from the possession of Lessee, and all freight, storage, transportation and other charges incurred In such removal and return to Lessor et its place or business. The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rental Net hereunder and take possession of the Equipment upon any of the events spechled above, Including without limitation Deere's determnadon thaYits l.re t Is Insecure or the Equipment b unsafe, regardless of whether Lessor concurs In Deere's women, or desires to terminate Me rental H. The pate.e fuller agree that, in the event Deere elects to teammate the rental term, Lessee shall pay to Deere au rentals due. damages for arty Injury to the Equipment, legal expenses, and costs or removal of lire Equipment from the possession of Lessee. 8. Comet egteet TtYls is an agreement for rental only, Nothing herein will be construed as conveying to Lessee any right, fine or interest in or to the Equipment, except as a k:ssee. 7. G r ell Remta! =Return of Equipment PrtW the guaranta�i rEntai Set forth on the reverse side is or has been paid, Lessee may return the Equipment and terminate the rental term hereunder on three days notice to Lessor. g caramel Time Is o1 tits essence °, this Rental agreement LesaoYs failure at cry time to require strict pedomnsnce by Lessee of any provleion of thin RertW Agaeemartt will not wahre or diminish Lessors right titereeRer b demand strict compliance with that or any other provision. Waiver by Lessor of any default will not waive any other default This Rental Agreement may not be modified except by a written revision signed by the parries hereto. Lessee acknowledges receipt of a signed copy of this Agreement. Page 2 of 2 c2o 5-78 2023 40 Ton Haul Truck Lease Quotes January to December 2023 4 Rivers Equipment $12,650.00/month x 2 trucks Rental $12,650.00/month x 12 months x 2 trucks) = $303,600.00 Service $16,600.00 (4 services @500 hours x $4.15/hour x 2 trucks) Total: $320,200.00 ($13,341.67 x 12 months x 2 trucks) Including Service Power Equipment Co. $13,850.00/month x 2 trucks Rental $13,850.00/month x 12 months x 2 trucks) = $332,400.00 Environmental Fee $277/month x 12 months x 2 trucks) = $6,648 Total: $339,048.00 ($14,127.00 x 12 months x 2 trucks) Plus Service Power Motive Corp. $16,650.00/month x 2 trucks Rental $16,650.00/month x 12 months x 2 trucks) = $399,600.00 Service $27,720.00 (4 services @500 hours x 6.93/hour x 2 trucks) Total: $427,320.00 ($17,805 x 12 months x 2 trucks) Including Service 120 triell EQUIPMENT COMPANY www.power-equip. corn Proposal # 24173 TO: WELD COUNTY P.O. BOX 758 GREELEY, CO 80631 Ci..i..._....as) unu Nine Sflt1 Ce$1 PROPOSAL ATTENTION: Jeff York 970-381-1403 jyork@weldgov.com 11/8/2022 Volvo A40G LONG TERM MONTHLY RENTAL 4UTON HAULER 120HOURS PER MONTH PRICE INCLUDES PREVENTIVE MAINTENCE PECO WILL PROVIDE FILTERS AND OIL FOR SERVICE AT NO ADDITIONAL CHARGE. PECO WILL PROVIDE A SERVICE TRUCK AND COMPLETE THE SERVICE FOR $600 Volvo A40G Anchorage manual Universal key w/battey disconnect switch ACC control panel, Fo-scale Radio Installation kit Retarder pedal Radio with BlueTooth/USB/AUX Seat, air suspension, KAB Rear view camera, color Electric interface, extra Rearview mirrors, electrically adjustable and heated Jump start connector,NATO-type CAN -BUS interface Reverse alarm White Noise Co -Pilot System (must select AH50016) Haul Assist OBW Engine D13 J (Tier 4f) US Fast fueling system, (Wiggins compatible) Delayed engine stop Engine Idle shutdown Work lights , LED Entrance light Rotating beacon, LED Seat belt indicator, external Rear mudflaps, front of bogie, 80 series tire Front fender widener for 80 series tires Decal set USA CareTrack Connectivity 4 yr Subscription CareTrack, GSM/Satellite De -activate SAT Decals USA tailgate Wheel blocks Frame, life time guarantee 6 - Rims (5pc) for 29.5-25 tires Parameter settings USA Transport rust protection R2 29.5R25 VLr Bridgestone 200B E3 (6) Standard body Overhung tailgate (cannot be used with Underhung tailgate AH83008) Exhaust body heating Extra front spillguard, foldable PIN Plate Basic Long haul kit, dropbox cooling Auto lube system, standard machine Auto tube system, for tailgate Exhaust system body heat (requires AH83005) at: - - en EQUIPMENT COMPANY Jordan Weissmann Territory Salesman Greeley Branch 8806 E Us Hwy 34 Johnstown, CO 80534 jweissmann@power-equip corn Pricing Summary Volvo A4OG Haul Truck Monthly Rate $13,850 Sales Tax $0 Estimated Environmental Fee $277 SMM Tax $0 Total Price $14,127 RENTAL PURCHASE OPTION: Power Equipment Company will rent the subject piece of equipment with an option to purchase. 100% of the rent, less interest, will apply to the purchase price for a maximum period of six months; 80% of the rent, less interest, will apply in months seven through nine; 60% of the rent, less interest, will apply in months ten through twelve. The option to purchase will terminate after the twelfth month unless otherwise noted.All prices subject to applicable taxes and freight. This Quote is valid for thirty (30) days unless otherwise noted; subject to prior sale. FOB:Power Equipment Yard All prices are subject to surcharges applied by the OEM manufacturers and will be applied to the final invoice. Material surcharges are subject to change the price at any time from the date of the order to the time of delivery. EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of machinery of the type described in the quotation and will make his selection and decision to order on the basis of his own judgment. SELLER DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE SPECIFICALLY STATED. THIS STATEMENT BECOMES A PART OF ANY PURCHASE. "The Product Support People" APPMcC PORA POWER MOTIVE TION 5000 Vasquez Blvd. Denver, CO 80216 Phone. 303-355-5900 Fax: 303-388-9328 Weld County Attn: Jeff York KOMAINY° 2239 Commercial Blvd 2340 1-70 Frontage Road 2600 Center Dr., P.O. Box 336 Colorado Springs, CO 80906 Grand Junction, CO 81505 Milliken, CO 80543 Phone: 719-576-5541 Phone: 970-241-1550 Phone: 303-355-5900 Fax: 71,576-5602 Fax: 970-241-0166 Fax: 303-388-9328 HM400 Haul Truck Daily $1850.00 Weekly $5550.00 Monthly $16,650.00 Hourly PM Charge $6.93 (no enviro fee in addition ) 11/7/2022 Thank you =or 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, RIMOIRATION N�hc��XCf�/ Roger Howell Territory Sales Manager Power Motive Corporation 2600 Center Dr Milliken, CO 80543 Cell 970-401-1322 rhowelk powermotivecorp.com Jeff York From: Sent: To: Cc: Subject Follow Up Flag: Flag Status: Carlos Koons <ckoons@4riversequipment.com> Thursday, November 3, 2022 3:37 PM Jeff York Ashkia Sargent 2023 Haul Truck Rental Follow up Flagged 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. Hi Jeff — Per our conversation, here is the adjusted Rental and PM rate for the haul truck for 2023. Current Rate - $11,500.00 New Rate - $12,650.00 Current PM Rate - $3.75 New PM Rate - $4.15 This is about a 10% increase in line with the increase on all of our rental rates. Please call with any questions. Thanks Carlos Carlos Koons I Territory Manager - Fort Collins 4Rivers Equipment W: (970)482-7154 C: (970)218-5076 E: ckoons c� 4riverseguipment.com 4RIVERs www.4RiversEquipment.com 125 John Deere Dr. Fort Collins, CO 80524 Contract Form Entity Information Entity Name* 4 RIVERS EQUIPMENT New Contract Request Entity ID* A'00033628 Contract Name" AGREEMENT WITH 4 RIVERS EQUIPEMENT COMPANY FOR TWO 40 TON HAUL TRUCK RENTALS Contract Status CTB REVIEW Contract ID 6536 Contract Lead* JYORK Contract Lead Email jyorkvnco.weld.co.us ❑ New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description* AGREEMENT BETWEEN 4 RIVERS EQUIPEMENT AND WELD COUNTY PUBUC WORKS TO RENT TWO 40 TON HAUL TRUCKS FOR STOCKPILING AND RECLAMATION Contract Description 2 Contract Type* AGREEMENT Amount* $320,200.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@:weldgov.com Department Head Email CM-PublicW'orks- DeptHead0vseldgov.com County Attorney KARIN MCDOUGAL County Attorney Email KMCDOUGAL@CO. WELD.CO. US Requested BOCC Agenda Date* 12'212022 Due Date 12 17 2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 no OnBase Contract Dates Effective Date Review Date* Renewal Date 1 1 '01 2023 Termination Notice Period Committed Delivery Date Expiration Date* 1'31:2023 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 CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/01/2022 12;02/2022 1202,2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12:07,2022 Originator jYORK Tyler Ref* AG 120722 Hello