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Home My WebLink About20192368.tiffRESOLUTION RE: APPROVE AGREEMENT FOR RENTAL OF 2019 40 -TON ARTICULATING HAUL TRUCK 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 Agreement for Rental of a 2019 40 -Ton Articulation Haul Truck 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 June 13, 2019, and ending July 10, 2019, 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 2019 40 -Ton Articulating Haul Truck 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 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, nunc pro tunc June 13, 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COI�ORADO ATTEST: W�o vCho;‘,k, Weld County Clerk to the Board BY:� ) 2Qk .-a. Deputy Clerk to the Board APPD AS TO ounty orney Date of signature: C3Colatici bara Kirkmeyer, Mike Freeman, Pro -Tern EXCUSED Sean - Conway teve Moreno Gc:Pwfa%. £R(C H) 4q -A3-19 2019-2368 EG0076 bDvdraLfiD4i-02-7,45 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: 2019 40 TON ARTICULATING HAUL TRUCK LEASE DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 06-06-2019 PERSON REQUESTING: Jeff York, Trucking & Mining Supervisor Brief description of the problem/issue: The Mining Division is in need of a 40 ton articulating haul truck 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 4 Rivers Equipment for $12,125/month for 6 months, including service for a total of $72,750. There was $23,000/month approved in the 2019 budget for this lease. What options exist for the Board? (include consequences, impacts, costs, etc. of options): A) The Board can approve the month to month lease. B) The Board can deny the month to month lease. Recommendation: Public Work Department Recommends option A. Approve Recommendation Sean P. Conway Mike Freeman, Pro-Tem Scott K. James Barbara Kirkmeyer, Chair Steve Moreno Schedule Work Session Other/Comments: 2019-2368 2019 40 Ton Haul Truck Lease Quotes July to December 2019 4 Rivers Equipment $12,125/month Rental $11,500/month x 6 months = $69,000 Service $3,750 (2 services @500 hours x $3.75/hour) Total: $72,750 (72,750/6 = $12,125) Wagner Equipment $13,962/month Rental/Purchase Option $13,440/month x 6 months = $80,640 Service $3,132 ($522/month x 6 months) Total: $83,772 (83,772/6 = $13,962) Power Equipment Co. $15,495.64/month Rental $14,432/month x 6 months = $86,592 Service $4,650 (2 services @500 hours x $4.65/hour) Environmental Fee $1,731.84 (2% x $14,432 x 6 months) Total: $92,973.84 (92,973.84/6= $15,495.64) Power Motive Corp. $15,685/month Rental $14,800/month x 6 months = $88,800 Service $5,310 (2 services @500 hours x 5.31/hour) Total: $94,110 (94,110/6= $15,685) WELD COUNTY MANDATORY CONTRACT PROVISIONS Rental of a 40 Ton Articulating Haul Truck xrfr By execution of this Agreement, this CZ -r- day of 2019, between the Board of County Commissioners, by and on behalf of Weld County, Color do, (hereinafter "Weld County"), and 4 Rivers Equipment, (hereinafter "Rental Company"), the parties agre 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 authori72rion, 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, 20I5) 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 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. arbara Kirkmey Board of County ATTEST: Weld C By: Deputy C r, Chair ' Date Commissioners 2 4.2019 Rental Agreement Mandatory Provisions (January 13, 2015) Page 2 X0 P9- af36 / EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE CONTRACT NUMBER 138631 LESSEE NAME WELD COUNTY CUSTOMER NO 10905 STREET ADDRESS 1111 H STREET DATE 6/13/2019 GOVT BID NUMBER DEALER ACCOUNT NUMBER 7476 CITY STATE ZIP CODE GREELEY CO 80631 LESSOR NAME &ADDRESS FORT COLLINS-4 RIVERS EQUIPMENT 125 JOHN DEERE DR FORT COLLINS CO 80524 970.482-7154 TELEPHONE 970-356-4000 NAME OF CONTACT Jeff York PHONE # 9703811403 PURCHASE ORDER NO 9703811403 PURCHASER TYPE: MARKET USE: EQUIPMENT WILL (County) (City) (State) BE USED AT WELD GREELEY CO COUNTY CODE CO123 Rentals are Payable in Advance ofUs Equipment a RENTAL TERM Begin Date: 6/13/2019r End Date: 7/10/2019 RENTAL IS: Hour Day Week 4 Week MINIMUM RENTAL GUARANTEED BY LESSEE ADDITIONAL CHARGES (Specify) $230.00 f $11,500.00 Per ❑ $0.00 2% SMM or2% DRACSMM Rental Unit Make Model DESCRIPTION OF RENTAL EQUIPMENT Model Name Eq ID PIN No Meter Reading Present Value 18239 Contract Notes PLEASE RETURN UNIT FULL ON FUEL AS REFUEL RATE IS $5.75 PER GAL. IF UNIT REQUIRES DEF, PLEASE RETURN FULL AS REFILL RATE IS $8.00 PER GAL. IF UNIT REQUIRES A KEY, PLEASE RETURN WITH A KEY. MISSING KEYS ARE $10.00 EACH. CLEANING $150.00 AN HOUR. WELD COUNTY TO BE BILLED $3.75/HR FOR ALL PREVENTATIVE MAINTENANCE. TO BE BILLED MONTHLY BASED ON USAGE REFLEL I t_L) ON JDLINK. THIS DOES NOT INCLUDE DAILY INSPECTIONS, GREASING, FUEL AND DEF. 4 RIVERS EQUIPMENT WILL PERFORM ANY NEEDED PM WORK ONSIGHT. SERIAL NUMBER AND STOCK NUMBER ARE SUBJECT TO CHANGE. THANK YOU FOR YOUR BUSINESS! JOHN DEERE 410E BL TG HB 666286 1DW410ETHFE666286 3558 $522457.01 Total Present Value $522,457.01 Lessor hereby leases to Lessee the equipment identified above ("Equipment") for the term and with the rental payments set out above. Rental payments shall be made to Lessor at the address shown above, subject to the provisions of paragraph 4 on the reverse side hereof. The Equipment will be transported to and from Lessor's place of business during the rental term 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 Equipment will be operated for not more than: NO. OF HOURS IN ANY ONE DAY 10 NO. OF HOURS IN ANY ONE WEEK 50 NO. OF HOURS IN ANY 4 WEEKS L _ 200 Lessee agrees to pay additional rental prorated at the applicable daily, weekly or 4 week rate for each hour the Equipment is used in excess of such time. The additional rent for excess hours of use will be paid at the time the Equipment is retumed or, if the Equipment is leased for more than thirty days, on the first day of the month following such use. If an hour meter is furnished, (1) Lessee agrees to keep it connected to the Equipment and in good working condition at all times, and (2) it will be used as the conclusive measure of the number of hours of operation. If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay additional rental, prorated at one and one-half times the normal rental, for each day that the Equipment remains unretumed. Lessee assumes all risks and liability for and agrees to hold Lessor and its assign harmless from all personal injuries and death, property damage, suits, claims (including third party claims), losses, expenses, costs, 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 limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate, unless greater liability limits are specified below. PER OCCURRENCE LIMIT PER AGGREGATE LIMIT $0.00 -7 I $0.00 Lessee agrees to furnish a certificate of insurance to Lessors satisfaction evidencing Lessee's compliance with the foregoing requirement and name the Lessor as an additional insured on the Lessee's general liability policy upon demand by Lessor. ORIGINAL Page 1 of 2 Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is out of Lessor's possession. The amount of any such loss or damage will be based on the value shown above. Damage to the Equipment, other than a total loss, will not abate or excuse the making of prescribed rental payments. Lessee agrees to use and care for the Equipment in a careful and prudent manner. Lessee agrees to pay all operating and maintenance expenses while the Equipment is out of the Lessor's possession, and to make or secure any needed repairs. All repairs shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer. To the extent permitted by law, neither Lessor, its assigns, the wholesale distributor or manufacturer makes any representation or promise as to the quality, performance or freedom from defect of the Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE. Neither Lessor, its assigns, the wholesale distributor 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 is satisfied that the Equipment is suitable for Lessee's purposes. Lessee will return the Equipment to Lessor in as good condition as received, reasonable wear and tear excepted, by the end of the rental term. 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, replace the Equipment with a similar machine at any lime during the rental term. Lessor will notify Lessee If 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 below or return the Equipment to Lessor. Upon return of the Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter into a new original Rental Agreement covering the replacement machine. Such new Rental Agreement shall extend, at a minimum, for the remainder of this Rental Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the "Total Present Value" specified on this Rental Agreement, and may apply to such purchase price I 0 I % of all rentals previously paid. An election to purchase will be evidenced by execution of a purchase order form supplied by Lessor. T,HISr RENTAL AGREEMENT iS S.UBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT:;BELOW LESSEE (Customer) - All new equipment rented hereunder was received with Operator's Manuals, and operation and servicing have been explained to me. SIGNATURE 2UN24Z09 DATE CONTRACT NUMBER 138631 LESSOR (Dealer) - The equipment rented hereunder was set up, inspected and, if new, adjusted according to factory recommendations before delivery. Operation and servicing have been explained to the Lessee. C . Gr/� S N TURE DATE RENTAL AGREEMENT 1. AddMon of Accessories Lessee will not, without Lessor's written consent install any accessories or devices on the Equipment if such installation will impair the originally intended function or use of the Equipment. All accessories or devices affixed to the Equipment will become the properly of Lessor unless such accessory or device can be removed without in any way affecting the originally intended function or use of the Equipment. Any damage to the Equipment caused by the removal of such accessories or devices will be repaired at Lessee's expense. 2. Compliance with Regulations Lessee will comply with all laws and regulations relating to ownership, possession, use or maintenance of the Equipment. 3. Inspon Lessee will, whenever requested, advise Lessor of the exact location of the Equipment Lessor and its representatives may, for the purpose of inspection, enter upon any job, building or place where the Equipment is located at any reasonable time. Lessor may remove the Equipment without notice to Lessee if, in the opinion of the Lessor, it is being used beyond its capacity or in any other manner improperly cared for or abused. 4. Assignment Lessee agrees that Lessor may assign this Rental Agreement and all right, title and interest of Lessor in and to the Equipment, and all sums due or to become due to Lessor hereunder (of which assignment Lessee hereby waives notice), and Lessee agrees to recognize such assignment Lessee's obligation to pay rent under this Rental Agreement will not as to any such assignee be subject to any diminution 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 directly to John Deere Construction Equipment Company ("Deere"), If Deere becomes Lessor's assignee, upon and following receipt from Deere of evidence of assignment and a written request to do so, and Lessor agrees to recognize any payment so made as satisfaction of Lessee's obligation to make that payment hereunder. g Default If Lessee fails to make any rental payment when due, attempts to sell or encumber 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 comply with any other provision of this Rental Agreement, or if any attachment, execution, writ 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 terminate the rental term hereunder by giving Lessee written notice thereof, in which event Lessee will deliver the Equipment to Lessor on demand, and Lessor may enter upon any job, building or place where the Equipment is located and take possession of it without notice to I esw. In the event of such termination, Lessee agrees to pay all guaranteed rentals and all other rentals due, damages for any injury to the Equipment, 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 at its place of business. The parties further agree that Deere, if Deere becomes Lessor's assignee, also may terminate the rental tens hereunder and take possession of the Equipment upon any of the events specified above, including without limitation Deere's determination that its interest is insecure or the Equipment is unsafe, regardless of whether Lessor concurs in Deere's judgment or desires to terminate the rental term. The parties further agree that, in the event Deere elects to terminate the rental term, Lessee shall pay to Deere all rentals due, damages for any injury to the Equipment, legal expenses, and costs or removal of the Equipment from the possession of Lessee. 6. Construction This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, title or interest in or to the Equipment, except as a lessee. 7. Guaranteed Rental - Return of Equipment Provided the guaranteed rental 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. 8. General Time is of the essence of this Rental agreement Lessor's failure at any time to require strict performance by Lessee of any provision of this Rental Agreement will not waive or diminish Lessor's right thereafter to 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 parties hereto. Lessee acknowledges receipt of a signed copy of this Agreement / Q O2(9/g_ (3,2,3 Z Page 2 of 2 Contract Form Entity Information Entity Name* 4 RIVERS EQUIPMENT New Contract Request Entity ID* @00033628 Contract Name* EQUIPMENT RENTAL AGREEMENT 40 TON HAUL TRUCK (6 MONTH) Contract Status CTB REVIEW Contract ID 2795 Contract Lead* JYORK ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # jyork@ca.weld _co.us Contract Description * EQUIPMENT RENTAL AGREEMENT BETWEEN WELD COUNTY AND 4 RIVERS EQUIPMENT FOR STOCKPILING PROCESSING MATERIAL AND RECLAMATION AT KOSKIE, HOKESTRA, PETERS. PIERCE NORTH PITS. LEASE FROM JULY 8 2019 TO DECEMBER 31 2019 Contract Description 2 Contract Type* AGREEMENT Amount * $72.750.0© Renewable* NO Automatic Renewal NO Grant NO IGA NO Department PUBLIC WORKS Department Email C M- PublicViorks@weldgov com Department Head Email CM-PublicWorks- DeptHead @weidgo,v corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELD GOV. COM Requested BOCC Agenda Date* 06/24/2019 Due Date 06;2012019 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 Contract Dates Effective Date 07/08/2019 Termination Notice Period Review Date* 12/02!2019 Renewal Date Committed Delivery Date Expiration Date* 12'3172019 Contact Information Contact Info Contact Name Purc Purchasing Approver Approval Process Department Head JAY MCDONALD DH Approved Date 06/20/2019 Final Approval BOCC Approved YES BOCC Signed Date 06/24/2019 BOCC Agenda Date 06/24/2019 Originator JYORK Contact Type Contact Email Finance Approver BARB CONNOLLY ne I Contact Phone 2 Purchasing Approved Date Finance Approved Date 06/21/2019 Tyler Ref # 2019-2368 Legal Counsel BOB CHOATE Legal Counsel Approved Date 06!21./2019 Submit Hello