HomeMy WebLinkAbout20143636.tiff MEMORANDUM
1861 A
r. —' TO: Commissioners DATE: 11/20/14
O U N FROM: Jay McDonald, Public Works
CT
SUBJECT: Trailer Rental
Road and Bridge Division needs to rent a side dump trailer in order to do some hauling this winter. Steve has over 12,000
tons of material to pre-position for planned improvements to County Road 68 several miles east of Barnesville. Trucking
division cannot provide the support for this operation as they still have over 100 miles of gravel plan to complete. Steve
has some fifth wheel trucks and drivers available, and he has enough trailers for all the trucks except one. The total cost
will be under $10,000 but the duration will exceed 30 days, thus you will see this on your agenda. We have gotten quotes
and are trying to get documents signed in order to get it placed on the agenda no later than next Wednesday. We would
like to begin the lease December l'. Because I will be out next week, I have briefed Curtis on this and he will be available
to answer questions and further explained the need when it comes up for consideration.
Many times, the question comes up about purchase rather than rental. I cannot justify purchasing this trailer for the
following reasons: 1. It would be needed no more than three months at a time during the winter, and would sit idle the
remainder of the year. 2. The cost of a new trailer is in the neighborhood of$50,000 and it would take us many years at
the rental rate to equal the purchase cost. 3. Tires, tarp, hydraulics and other maintenance items increase the cost of
ownership, and the usage does not make good business sense to own it at this time.
Thank You
LJMD
Cent 6 I I- J-/ 2014-3636
//-aU-DWI/ G 0o7 o
RENTAL OF A SIDE DUMP TRAILER
Weld County Public Works Road and Bridge Division is in need of an
additional trailer to pre-position materials for the 2015 HRP projects
and various bridge and culvert replacement projects through the
winter. I submitted bids to 5 vendors receiving 2 bids in return.
recommend accepting low-bid from utility trailers for $2300.00 per
month for a 3 month rental period of 3 months for a total of $6900.00
Steve DeTienne
Weld County Public Works Supervisor
Road & Bridge Supervisor
-- na 14042/)03
F. .,' s, _- 'i WTX.X)COUNTY MANDATORY CONTRACT PRQIJSIONS
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,,:.,I ;; For Rental of: Si d e- l�v r., 7 C4 _/e�
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By By execution of this Agreement, this I day of ,2014, between the Board of County Commissioners, by
and on behalf of Weld County, Colorado, (hereinafter "Weld County"), and
`1 Tra.,'itte• , (hereinafter "Rental Company"), the parties agree that the
following Mandatory Provisions constitute an integral part of the Rental Agreement executed simultaneously
herewith.
I' Irate : 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 terrna and provisions of the Rental Agreement;ana
c. Any 8xhibits
2. Eund Availability: Financial obligntions of Weld County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. 13y execution of the Rental
Agreement, Weld County does not warrant that funds will be available to fund this Agreement beyond the current fiscal
year.
1, 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 see,as applicable now or hereafter amended.
4. IndependentContractor: 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. Unempl',yinent
insurance benefits will be available to Rental Company and its employees and agents only if auch coverage is made
available by Rental Company or a third party.Rental Company shall pay when duo 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 Jaws, rules
and regulations in effect or hereafter established, includirg without limitation, laws applicable to discrimination and
unfair employment practices.
6. Choice of Law/Jurisdiction, Colorado law, and rules and regulations established pursuant theretc, shall be
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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 regulntions shall be null and void. In the
event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Cowl shall have
exclusive jurisdiction to resolve any dispute.
7, )3_hd iArbitratlan 1'rohibita rt 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, YL�Liability f r Dama a cteet Not Caused by We County: Notwithstanding contrary,Weld County shall only be liable for damages or defects in the equipment rvehicle lel arising
provisions te to the
the Rental Agreement which arise solely on account of Weld County's negligent use of the tequ equipment odrrvehicle terms of
9. §ntployee Financial Interest/Conflict of Interest, C,R.S. $$24-1$-241 et seo. and $24-5p-5O7: 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 subjeet 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
lull performance of its obligations under the Rental Agreement. Failure by Rontal Company to ensure compliance with
this provision may result, in Weld County's sole discretion, it:immediate termination of the Rental Agreement.
10. Taxes and Reesr 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 responsiblo for the payment of said taxes,assessments,or registration fees.
11. No Third Party noflcfr ry 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 t₹►e undersigned parties receiving services or benefits under the Rental Agreement shall
be an incidental beneficiary only.
12. AtDrncYs,Fees/Leval Costs: hi the avont 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 fcr 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 Aoonovai: The Board of County Commisstoners 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 loss 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 exeouted 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 are
appended and shall be given full force and effect.
//// Tr Cam
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Rental Corn ar( Director
By � Director,Public arks Department., Date
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Name: <"1�� �, i ``rr� ` �
Title: .>-'-}t,4sr'}v eJ
Doug as Rade ocher, Chair NOV 2 4 2014
Board of Weld County Commissioners
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Ito :1-0t.� Y to the Board
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0 •uty Clerk to the Board
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