HomeMy WebLinkAbout20192367.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RENTAL OF 20KW GENERATOR AND AUTHORIZE
CHAIR TO SIGN - SUNBELT RENTALS
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 Agreement for Rental of a 20kw
Generator 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 Sunbelt
Rentals, commencing upon full execution of signatures, with further terms and conditions being
as stated in said agreement, 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 Agreement for Rental of a 20kw Generator 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 Sunbelt Rentals, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WE) D COUNTY, COLORADO
ATTEST: j ( ) G • ,[�to•e1
Weld County Clerk to the Board
Bycaas,,
APP
eputy Clerk to the Board
ount Attorney
Date of signature: CAP(G)8/19
ara Kirkmeyer, Chair
Mike Freeman, Pro -Tern
EXCUSED
can R. Conwa
K. James
Steve Moreno
cot Pw(Ofl(€J (CH)
9- 1
2019-2367
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Generator Rental
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 06-07-2019
PERSON REQUESTING: Duane R. Naibauer, Road & Bridge Construction Supervisor
Brief description of the problem/issue:
The Road and Bridge Construction Division is in need of renting a 20kw Generator to supply power for Weld
County's job trailer on the CR13 & CR34 Intersection construction project.
Four quotes were received, the low quote for a 90 -day rental was from SUNBELT RENTALS for the amount of
$2,641.80. Road and Bridge has a 2019 budget amount of $45,000.00 for rental of equipment that this would be
payed out of.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board can either approve or deny this rental.
Recommendation:
Public Work Department Recommends approval of this rental.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work Session
Other/Comments:
06/07/2019
Generator 20kw Rental
E -Mail quotes for 20kw generator.
SUNBELT RENTAL $2,641.80 90 -day Rental
CAT RENTAL $3,474.90 90 -day Rental
H & E RENTAL $5,259.99 90 -day Rental
UNITED RENTALS $6,136.96 90 -day Rental
WELD COUNTY MANDATORY CONTRACT PROVISIONS
For Rental of: 20KW Generator
By execution of this Agreement, this 19 day of June, 2019, between the Board of County Commissioners, by and on
behalf of Weld County, Colorado, (hereinafter "Weld County"), and SUNBELT Rentals, (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 Damaae/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
(January 13, 2015)
Page I
020/9-023(7
10. Taxes and Fees: Weld County is a governmental non-profit entity. Rental Company shall be solely responsible
li►r the payment of all taxes, governmental assessments and/or registration lees imposed by other governmental entities:
Weld County shall not be responsible for the payment of said taxes. assessments. or registration fees.
I I. No Third I'ariv Beneficiary Enforcement: It is expressly understood and agreed that the enlbrcenrent 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
hatsoever 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/Let al 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 Ices
and/or legal costs incurred by or on behalf of Rental Company.
IS. Warranty: Rental Company shall warrant that the vehicle or equipment is merchantable. of good quality, and
free from detects.
14. Non-Assienntent: 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.
5. Non -Exclusive Atrecmetti: This Agreement is nonexclusive and County may engage or use other Rental
Companies or persons of the same or similar nature.
I b. 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 arc
appended and shall he 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.
S 31"�i4�s
Rental Company
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Name: >t t? t.iAA
title: / Gs,C
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COUNTY OF WIi1.D, a political
Cler to the oa d subdivision of the Slate ()Wok ado
By
Deputy CI ! k to ne Efoartl� ��. I . � $arbara Kirknteycr, Chaar
Board of Weld County Commissioners
JUN 2 4 2019
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Contract Form
elm Contract Request
Entity in orInformation
Entity Name*
SUNBELT RENTALS INC
Entity ID"
I' 409'3
Contract Name*
RENTAL AGREEMENT BETWEEN WELD COUNTY AND
SUNBELT RENTALS, INC FOR A GENERATOR FOR 13/34
INTERSECTION PROJECT TRAILER
Contract Status
CTB REVIEW
Contract ID
2790
Contract Lead*
DNAI BAU ER
❑ New Entity?
Parent Contract ID
Requires d
YES
Contract Lead Email Department Project #
cinalbauef@coweld co.us SRP-34
Contract Description*
WELD COUNTY WILL ENTER INTO A RENTAL AGREEMENT WITH SUNBELT RENTALS, INC FOR THE USE OF A 20KW
GENERATOR TO SUPPLY POWER FOR WELD COUNTY'S JOB TRAILER ON THE CR 1334 INTERSECTION IMPROVEMENTS
CONSTRUCTION PROJECT FOR 90 DAYS
Contract Description 2
Contract Type
CONTRACT
Amount*
S2.641.60
Renewable'
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
rient
WORKS
nt Email
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicW'orks-
DeptiHead a�}weidgov. cam
County Attorney
KARIN MCDOUGAL
County Attorney Email
KMCDCUGAL@CO.WELD.CO
US
Requested BOCC Agenda
Date*
06/19/2019
Due Date
0€/'15,2019
Will a work session with BOCC be required?*
HAD
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
Effective Date
06/19,2019
Termination Notice Period
Review Date*
09105/2019
Renewal Date
Committed Delivery Date Expiration Date.,
09/1 '&2019
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
D6/20/2019
Final Approval
BCC Approved
YES
BOCC Signed Date
D6/24,'2019
BOCC Agenda Date
D6s24/2019
Originator
SSWANSON
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
finance Approved Date
06/21/2019
Tyler Ref #t
2019-2367
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
06,'21/2019
Submit
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