The URL can be used to link to this page

Browse Search

Home My WebLink About20142980.tiff RESOLUTION RE: APPROVE EQUIPMENT RENTAL AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COLUMBINE EQUIPMENT, 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 an Equipment Rental Agreement 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 (Mining Division), and Columbine Equipment, LLC, commencing upon execution of signature, for a minimum of one (1) month 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 Equipment Rental Agreement 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 (Mining Division), and Columbine Equipment, LLC, 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 29th day of September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNTY, LORADO ATTEST: ejc, L1 ei' Nr� 1 - +.`,„ ;� ougla Rademacher, Chair Weld County Clerk to the BoardEL USED ara Kirkmero-Tem BY. 0 k / . De u Clerk to the oard ----7 t;,p 9 P. Conway "Fir-- --Z-/ TO FORM: ®(LINE �`< Mike Fr an Mi J ounty Attorney --- o/ iam P. Garcia /Date of signature le 2014-2980 EG0070 CC. W Id/a0 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW/WORK SESSION REQUEST RE: Rental of equipment to remove overburden at Koskie gravel pit DEPARTMENT: Public Works DATE: 9/16/14 PERSON REQUESTING: L Jay McDonald Brief description of the problem/issue: Mining Division is in need of renting equipment to remove overburden at Koskie gravel pit in order for a contract crusher to produce material for our gravel needs. We called several of our rental companies for prices and availability of equipment and found that a 27 cubic yard scraper from Wagner Equipment rents for $24,270 per month. It would require 2 of these machines plus one of our dozers for 6 weeks to complete the task. However, none of the Wagner equipment is available and none of the other rental companies have that type and size of equipment. Columbine Equipment in Windsor has a 54 cubic yard earth mover that consists of a O8 push dozer, Caterpillar 740 power unit and 54 cubic yard scraper. The entire package rents for $43,600 per month. The task can be accomplished in one month with 2 Mining Division employees versus 3 employees for 6 weeks. Also, this equipment is currently available. What options exist for the Board? 1. Approve a one month rental of the 54 cubic yard earthmoving equipment from Columbine Equipment. 2. Do not approve, wait for other equipment availability. Recommendation: Public Works Department recommends option 1. We have waited all year for the farmer to harvest his crop and our contract crusher (Dillon Excavating) is eager to move in and begin production. Approve Schedule Re mimenda tlon Work Session Other/Comments: Douglas Rademacher,Chair Barbara Kirkmeyer, Pro-Tern Sean P. Conway Mike Freeman _._Me- William F.Garcia '✓ (i_—_- M.\Administration\Fonns\WorkSession-passarounddoe 2014-2980 1 Jay McDonald From: Jerry Joseph Sent: Wednesday, September 03, 2014 11:47 AM To: Jay McDonald Subject: RE: Equipment rental I have contacted four different equipment companies for the usage of a 627 scrapper for the removal of over burden at the Koskie Pit. We are also looking in the Wyoming area. Mary Nally at Wagner Equipment Co. in Windsor. They have equipment to rent. Jim Brown at Columbine Equipment in Windsor. They have equipment to rent. Carlos Koons at 4River Equipment in Ft. Collins. They do not carry this type of equipment. Jim Koeltzow at Power Equipment in Denver. They do not carry this type of equipment. Jerry Joseph (JJ) Mining &Trucking Supervisor Weld County Public Works (970)304-6496,Ext.3723 WC Logo Color 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:Jay McDonald Sent:Wednesday, September 03, 2014 11:12 AM To:Jerry Joseph Subject: Equipment rental I have your proposals from Columbine equipment and Wagner equipment. I need to demonstrate that we have contacted other vendors. Please send me the list of all the vendors that you have contacted. Indicate in your email that they did not respond or did not have equipment available. Because the price is over$10,000, this will have to go before the board of County commissioners. Get the information to me ASAP and I will prepare the required documents for approval by the board. Thank you LJay McDonald Public Works Director Public Works Department Weld County, CO (970) 304-6496 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. 2 . '11.1n 7$0 E.Garden Drive .r �F Windsor,CO 80550 `""`Al*""' ' Office(970)674-3264/Fax(970)674-9852 "--49: "°. r. www.columbineequiiipment.com Equipment Proposal Jim Brown Company Weld County-Jeff York Quoted By 2014/06/05 Address Quote Date City Phone Number 970-381-1403 CO !P State/Province Z p ostaICode Fax Number County Contact Name ALL PROPOSALS ARE GOOD FOR 30 DAYS ' wi 4,7,;1,,,,.„, "; `w i`� t ,l i t j is Caterpillar 623G monthly rental rate.Minimum one month rental $20,000.00 ,r..•oe#y .+�eyy h.Mr-�,.yr,^ ,q',�,t.N ...... .�r s Ca,_.jp a © �n .�artt �? ,''t c 1Wa .'' ;•, E. y: qp O4= Rate does not include freight to Job site. GhA 1 eta Ys rs + •r-. C�'utT Mi # ,�'J#"+7�t � wry ,M� -1 .1"' ��C*44 14 Subject to availability ":4;1 ,,`'e 6? .rCr,11/ , '`r$4 x '' . SV"'S, 'r' 7'_"aai- a^' Lam.' i S "i' - t.,21 1; rt XRf ��°7°�' �.if PIS "e 7.gir'�+k7' p _. # _ ..„. - „, 7 ;A wE .'L.',W � - y�,,,. c I b.• ,.,....W,-;:•,.:44 .: -" fl�l^Y.VY"' 1 t�....'f'nrt I Balance - (Total Purchase Price -Trade Allowance): 4d d 1 X11 \�' ..11�)i yi 111( . .. . 7 7' T. -;, l'-,;',, c , 1 _:1 , : - ;�• ,:'-oaf Sub -Total: . -,,,,,,1,6*.h�h -•�' � i 5 Hp�6 ? ,y } '� x '2M rt•Proposed Purchase Price : Accepted By Columbine Equipment LLC 780 E Garden Drive,Windsor CO 80550'Phone:970-674-3254 Fax:970-674-9852'www.columbineequipment.com' Jeff York From: Mary E. Nally[Nally_Mary@wagnerequipment.com] Sent: Tuesday, June 03, 2014 3:48 PM To: Jeff York Subject: Rates for Wagner Equipemnt Follow Up Flag: Follow up Flag Status: Flagged Jeff, I do apologize time has gotten away from me. Listed below are the rates for the scrapers we spoke about several weeks ago. Please let me know if you have any other questions! Cat 627: Daily Rate: $2,710.00 Weekly Rate: $8,100.00 4 Weekly Rate: $24,270.00 Cat 623: Daily Rate: $2,340.00 Weekly Rate: $6,980.00 4 Weekly Rate: $20,870.00 Thank you, Mary Nally I Wagner Equipment Co. I Rental Dept 7260 Crossroads Blvd. I Windsor, CO 80550 I D 303-365-6155 I M 970-278-1750 nally mary(a�wagnerequipment.com A 'Or ri4311.01 qn CAI "'s 1 , ♦ r7i f=1 ltj;) WELD COUNTY MANDATORY CONTRACT PROVISIONS For Rental of: Caterpillar DOT, Caterpillar 740, K-Tee 1254 By execution of this Agreement,this 18 day of Sep,2014,between the Board of County Commissioners,by and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and Columbine Equipment LLC , (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, statutory, regulatory or otherwise incorporated herein by reference which purports to negate this or any other Mandatory Provision in whole or in part shall be invalid and unenforceable in any action at law, whether by way of complaint, defense or otherwise. 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: a.The Mandatory Provision; b.The terms and provisions of the Rental Agreement;and c.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-I01 et seq.,as applicable now or hereafter amended. 4. Independent Contractor: Rental Company shalt 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.Unemployment insurance benefits will be available to Rental Company and its employees and agents only if such coverage is made available by Rental Company or a third party.Rental Company shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. 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 and State 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: \Veld 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. S. No Liability for Damage/Defect not Caused by Wed 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 Agreement Mandatory Provisions Page I (March 3,2014) 1 9. Employee Financial Interest/Conflict of Interest.C.R.S.9924-18-201 et seq.and 924-50-507:The signatories to this Agreement aver 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.During the term of this Agreement,Rental Company shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflict with or in any way appear to conflict with the full performance of its obligations under the Rental Agreement Failure by Rental Company to ensure compliance with this provision may result, in Weld County's sole discretion,in immediate termination of the Rental Agreement. 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 mid 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/Leaal 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. Board of County Commissioners of Weld County Approval:The Board of County Commissioners of Weld County,Colorado has appointed the Weld County Director of Public Works as its designee for purposes of executing agreements for the rental of equipment and/or vehicles,where the rental obligation is less than Ten Thousand dollars ($10,000.00)or thirty(30)days in duration.Any Rental Agreement in excess of$10,000 or thirty(30)days shall not be valid until it has been executed and approved by the Rental Company and the Board of County Commissioners of Weld County,Colorado or its designee. The parties hereby agree that the provisions contained herein shall be a part of the Rental Agreement to which they am appended and shall be given full force and effect. Columbine Equipment LLC 09/18/2014 Rental Company Date By, Ji��erown Name: ,..,✓ --. Tide.. Co-Owner, Manager WELD C Y: ATTEST r. a # COUNTY OF WELD,a political �. Weld County Clerk to the Board subdivision of the State of Colorado By: e all I/ I `j l� By:. Dcp ty Clerk to the Boar.. ,arp2 Douglas demache Board of Weld County Commissioners IFFir • SEP292014 Rental Agreement Mandatory Provisions Page 2 (March 3,2014) 4 COLUMBINE EQUIPMENT, LLC ("LESSOR") 780 East Garden Drive Windsor, CO 80550 Office (970) 674-3264 Fax (970) 674-9852 columbineequipment.com EQUIPMENT RENTAL AGREEMENT Date: CUSTOMER INFORMATION LESSEE NAME: Weld County Department of Public Works STREET ADDRESS: 1111 H Street, PO Box 758 CITY: Greeley State: CO 80632 TELEPHONE: 970-304-6496 EXT. 3723 CONTACT: Jerry Joseph EQUIPMENT WILL BE USED AT: WCR 120 &WCR 21 CITY: Nunn COUNTY: Weld STATE: CO GENERAL CONTRACTOR ON JOB: EQUIPMENT INFORMATION ITEM RENTED: SERIAL# HOUR METER AGREED TO FAIR MARKET VALUE Cat D8T Push Dozer. $17,100.00 per month NJ8B00702 6325 $520,000.00 Cat 740 Power Unit $10,600.00 per month B1 R00156 9440 $346,000.00 K-Tec 1254 Scraper Pan $ 15,900.00 per KS21532 N/A $305,000.00 month Governmental Agency- No Tax RENTAL PERIOD INFORMATION DATE OUT: RETURN DATE: RENTAL RATE: PER: HOUR DAY WEEK MONTH $43,600.00 MINIMUM RENTAL GUARANTEED BY LESSEE: 1 Month ADDITIONAL CHARGES TO INCLUDE: 2%SMM +ALL APPLICABLE TAXES 1 LESSEE IS RESPONSIBLE FOR ALL PERIODIC MAINTENANCE 1. Lessor hereby leases to Lessee the equipment identified above ("Equipment") for the term and with the rental payments set out above pursuant to the lease terms on the following pages. Rental payments shall be made to Lessor at the address shown above. 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 8 Hours in any one day, or 40 Hours in one week or 176 Hours in any one month. 2. Lessee agrees to pay additional rental prorated at the applicable daily, weekly or monthly 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 returned 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 the hour meter connected to the Equipment and in good working condition at all limes, and (2) it will be used as the conclusive measure of the number of hours of operation 3. If Lessee fails to return the Equipment by the end of 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. 4. Lessee assumes all risks and liability for and agrees to hold Lessor and its assigns harmless from all personal injuries and deaths, 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. 5. Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing Lessee's compliance with the forgoing requirement and name the Lessor as an additional insured on the Lessees general liability policy upon demand by Lessor. 6. Lessee shall indemnify and exonerate Lessor against all loss or damages to the Equipment while it is out of Lessee's possession. The amount of any such loss or damage will be based on the agreed to Fair Market Value shown above. Damage to the Equipment will not abate or excuse the making of prescribed rental payments until the Equipment is fully repaired and returned to Lessor in an undamaged condition. If the cost to repair the Equipment exceeds the agreed to Fair Market Value shown above, Lessee shall pay the Lessor the agreed to Fair Market Value of the Equipment. Lease payments shall continue until the Equipment is fully paid for. 7. Lessee agrees to use and care for the Equipment in a careful and prudent manner and shall not abuse the Equipment. 8. 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. If Lessee fails to repair the Equipment, Lessor may, but is not required to, repair the Equipment at Lessee's cost. All such repairs shall be at Lessee's expense. 9. To the extent permitted by law, neither Lessor, its assigns, the wholesale distributor or the 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 the manufacturer will 2 • 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. 10. 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, Lessee will pay for such repairs to bring the Equipment up to the required good condition. Reasonable wear and tear means only the normal deterioration of the Equipment caused by ordinary and reasonable use of a one shift (8 hours per day, 40 hours per week) basis. The following shall not be deemed reasonable wear and tear (a) damage resulting from lack of lubrication, insertion of improper fuel, or maintenance of necessary oil, water and air pressure levels; (b) any damage resulting from lack of servicing or preventative maintenance suggested in the manufacturer's operation and maintenance manual; (c) damage resulting from any collision, overturning, or improper operation, including overloading or exceeding the rated capacity of the Equipment; (d) damage in the nature of dents, bending, tearing, staining, corrosion or misalignment to or as the Equipment or any part thereof; (e) wear resulting from use in excess of shifts for which rented; and (f) any other damage to the Equipment which is not considered ordinary and reasonable in the equipment rental industry. Repairs to the Equipment shall be made to the reasonable satisfaction of Lessor and in a manner which will not adversely affect the operation, manufacturer's design or agreed to Fair Market Value of the Equipment. 11. Lessor may, at Lessor's option, replace the Equipment with a similar machine at any time during the rental team. 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 the Rental Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. 12. Upon or before the end of the rental tern, Lessee may elect to purchase the Equipment for the agreed to Fair Market Value specified in this Rental Agreement, and may apply to such purchase price of all rentals previously paid. An election to purchase will be evidence by execution of a purchase order on a form supplied by Lessor. Lease rental payments shall continue until the Equipment is paid for fully. 13. 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 property 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. 14. Lessee will comply with all regulations relating to possession, use or maintenance of the Equipment. 15. 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. Such removal shall not waive Lessor's claims against Lessee for all amounts due under this Agreement. 3 • 16. 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 provisions of the Rental Agreement, or if any attachment, execution, writ or process is levied against the Equipment or any of the 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 pay Lessor all amounts due hereunder and 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 Lessee. 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. 17. 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 Lessee. 18. Provided the minimum guaranteed rental set forth on the first page is or has been paid, Lessee may return the Equipment and terminate the rental terns hereunder on three days' notice to Lessor. 19. 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 s written revision signed by the Lessor. Lessee acknowledges receipt of a signed copy of this Rental Agreement. 20. Lessee acknowledges receipt of the Equipment Operator Manual. 21. At the expiration of the Rental Period Lessee will return the Equipment to the Lessor's location during Lessor's regular business hours. Such equipment to be returned in the condition and repair as when delivered to Lessee, subject to reasonable wear and tear, as defined above. In the event that Lessor has agreed to pick up the Equipment from Lessee, Lessee shall notify Lessor in writing when the Equipment is available for pick up. Lessee shall be liable for all damages to or loss of the Equipment from the time the Equipment leaves Lessor's yard until the Equipment is returned to Lessor's yard, including any damage during transit to or from Lessee. In the case of the loss or destruction of any Equipment, or inability or failure to return same to Lessor for any reason whatsoever, Lessee will pay Lessor the agreed to Fair Market Value together with the full rental rate as specified until such Equipment is paid for. If the Equipment is returned in a damaged or excessively worn condition, Lessor shall pay Lessee the reasonable cost of repair and pay rental on the Equipment at the regular rental rate until all repairs have been completed. Lessor shall be under no obligation to commence repair work until Lessee has paid to Lessor the estimated cost therefor. 22. If Lessee fails to perform any obligations or fails to pay any amounts due Lessor under this Agreement, Lessee shall be in default. Lessor, in addition to all other remedies available to Lessor, shall be entitled to recover all attorney fees, costs and expenses Lessor incurs in enforcing the terms of this Agreement and in collecting all amounts due the Lessor including, but not limited to, unpaid rentals, repair work or the agreed to Fair Market Value, as applicable. 23. Lessee agrees that jurisdiction and venue on any dispute arising under this Agreement shall be exclusively in Weld County, Colorado and this Agreement shall be construed according to the laws of the State of Colorado. 4 24. This Agreement may be modified only by a writing signed by Lessor. 5 I certify that I have read and agreed to all terms and provisions of this Agreement and the undersigned,on behalf of Lessee,warrants that I am authorized to enter into this Agreement for all purposes specified. LESSEE: By: (Douglas demacher (name) Title: Chair Beard of Weld Cnnnty fnmmicq inners Date: SEP 2 92014 6 Ao/U-aRBa Hello