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Home My WebLink AboutRESPONSE - BID - 7227 EQUIPMENT RENTAL BID 2011 (2)City of Fort Collins Equipment Rental Master Agreement 2011 -- -- - This lease agreement, dated as indicated at the end of the agreement, is between Macdonald Equipment Company (Lessor) and the City of Fort Collins, Colorado (Lessee), a body corporate and politic existing under the laws of the State of Colorado, PO Box 580, Fort Collins, Colorado, 80522, is as follows: 1.0. Agreement to Lease Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, equipment, when needed, as specified in the current City of Fort Collins annual Equipment Rental Bid. This Agreement shall remain in effect until cancelled. Either party may cancel by providing thirty (30) days written notice. 2.0 Application of Agreement This agreement is required for any individual equipment rented under the Equipment Rental Bid where the total rental costs exceed $5,000. 3.0 Entire Agreement This writing, togetherwith the Specifications contained in the current Equipment Rental Bid and the associated Purchase Order Terms and Conditions, constitutes the entire agreement between the parties, their officers, employees, agents and assigns and supersedes all prior agreements, understandings, warranties or promises between the parties hereto, whether written, spoken or implied from the conduct of the parties hereto. The Lessor may require a signed receipt, verifying actual delivery of rental equipment. 4.0 Delivery Delivery terms are FOB: Fort Collins, Fleet Services Equipment Shop at 835 Wood Street, or, if requested, Streets Shop at 625 9th Street. Delivery to other locations will be negotiated on an individual basis. At the end of the lease equipment will be returned to the delivery location for pickup unless other arrangements have been agreed to by the department representative. 5.0 Commencement and Term of Lease The obligations under this lease shall commence on the day equipment is accepted by the City of Fort Collins. The term of the lease shall be specified in the body of the City purchase order issued for each piece of rental equipment. Such lease term shall not exceed one calendar year. The Lessee has the right to terminate a rental under this agreement at any time if the equipment fails to perform as intended, or in the event of non -appropriation of funds a provided in paragraph 13, below. Lessee may renew the initial lease up to a maximum total lease term of one calendar year by specifying the renewal term on an addendum to the original purchase order. 6.0 Rental Payments Lessee may not deduct any amount or reduce any payment for any reason except for failure of the equipment to operate as intended unless the Lessor has agreed to a reduction. Payments are due within 30 days of receipt of invoice by the City of Fort Collins Accounting Department. Monthly payment amounts shall be specified in the body of the City purchase order issued for each rental covered by this agreement. BID 7227 - Equipment Rental Page 18 of 21 Signature Page Contractor's Statement I have read and fully understand all the conditions, specifications and special instructions set forth in Rental Bid 2007, Bid #xxx. I hereby agree to comply with all said conditions, special instructions and specifi ions as stated or implied. Signature: ✓ Title:yirP PrPcidPnt Print Na e: jnP OwPnc Date: 21, 2011 P.O. Box 1865 Street: 7113 Ai ghwa�z R5 Fax 303-287-7404 City/State/Zip Commerce City, CO. 80037-1865 BID 7227 - Equipment Rental Page 17 of 21 7.0 Location and Inspection of Equipment The equipment will be used in various locations within the City of Fort Collins and the surrounding area. Lessor's representative may inspect rental equipment, on location, at any reasonable time and may remove equipment from service, if required, for repair or maintenance, provided that replacement equipment of similar or greater capability is made available to the City at no additional charge while the original equipment is being serviced or repaired. 8.0 Maintenance and Use of Equipment The Lessee agrees, at the Lessee's expense, to maintain and return the equipment in the same condition as when delivered to it by the Lessor, ordinary wear and tear excepted. The Lessor may require the replacement of certain high -wear parts, such as crusher jaws, asphalt mill teeth, etc. Such parts shall be clearly identified in writing to the Lessee. Lessee will include the details of such parts replacement in the body of any applicable purchase order. Accessories and devices installed on the equipment by the Lessee become the property of the Lessor unless the accessories or devices are removed and any damage caused by such installation and removal is repaired at Lessee expense prior to return of equipment to Lessor. Lessee agrees not to permit the equipment to be abused, overloaded, used beyond its capacity, or used in a negligent manner. 9.0 Additional Rental Charges Lessee agrees that rental rates quoted in the Equipment Rental Bid are based on eight (8) hours per day, forty (40) hours per week (seven consecutive days equals one week), and one -hundred, seventy-six (176) hours per month. Lessee agrees to pay additional rental prorated at the applicable rate for each hour the rented equipment is used in excess of such time. Where the rental rate is based on mileage, Lessee agrees to pay the extra mileage charge specified in Lessor's response to the applicable Rental Bid. 10.0 Liability To the extent permitted by law, Lessee assumes all risk and liability for and agrees to hold Lessor and its assigns harmless from all damages for injuries or death to persons or property arising out of use, possession, or transportation of the equipment except to the extent that the same results directly from the negligence of Lessor. 11.0 Assignment Lessor may not assign this Rental Agreement or any right, title, or interest of Lessor in any equipment rented under this agreement, or any sums due from Lessee for such rentals without the written consent of the Lessee. Lessee may not assign this Rental Agreement. 12.0 Ownership This is a rental agreement. The equipment is and shall remain the property of the Lessor during the lease period. 13.0 Non -appropriation of Funds Lessee reasonably believes that it will have a need for equipment rented for the duration of lease terms negotiated under this agreement and that funds will be available and appropriated to make all rental payments during those terms. Lessee will seek funding each year as part of its Budget process. If funds to continue the leasing of equipment for any ensuing term are not legally available for such purpose, Lessee may terminate rentals under this agreement with no further liability. BID 7227 — Equipment Rental Page 19 of 21 14.0 Disclaimer of Warranties and Exclusion of Remedies Lessee acknowledges that the Lessor is not the manufacturer of the equipment nor the manufacturer's or vendor's agent. Accordingly, with the exception of express warranties made by the Lessor to Lessee, all warranties and remedies, whether they be expressed or implied, specifically including, but not limited to, the warranties of merchantability and fitness for a particular purpose, and remedy of incidental and consequential damages, are excluded. 15.0 Insurance Lessee is self -insured in accordance with the laws of the State of Colorado up to $50,000 and provides comprehensive general all risk liability insurance for claims over that amount. Proof of such insurance coverage will be sent to Lessor upon request. 16.0 Choice of Law This lease shall be considered to have been made in the State of Colorado and shall be interpreted in accordance with the laws of Colorado. Lessor agrees to jurisdiction in Colorado in case of any action, suit, or proceeding arising out of this lease. Lessor acknowledges transacting business in Colorado by entering into this lease, and that the jurisdiction choice of law and venue provisions of this lease are specifically terms of this lease. 17.0 Severability In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either Lessor or Lessee in his or its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 18.0 Cumulative Rights All remedies provided in this Agreement shall be deemed cumulative and additional and not in lieu of, or exclusive of, each other or of any other remedy available to the City, or Contractor, at law or in equity, and the exercise of any remedy, or the existence herein of other remedies or indemnities shall not prevent the exercise of any other remedy. 19.0 Non -Waiver The failure by either party to exercise any right or rights accruing to it by virtue of the breach of any covenant, condition or agreement herein by the other party shall not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by such other party, nor shall such other party be relieved thereby from its obligations under the terms hereof. 20.0 Benefits This Agreement is made for the sole and exclusive benefit of the Lessee and Lessor, their successors and assigns, and is not made for the benefit of any third party. 21.0 Construction In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. BID 7227 - Equipment Rental Page 20 of 21 22.0 Successors and Assigns All covenants, stipulations and agreements in this Agreement shall extend to and bind each party hereto, its legal representatives, successors and assigns. 23.0 Notices Notices permitted or required to be given under this Agreement shall be in writing and shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return receipt requested, postage fully prepaid, addressed as follows or to such other address as the parties may designate from time to time by notice given in accordance with this Section: To Lessor: To the person signing this agreement on behalf of the Lessor, at the address given below. To Lessee: To the attention of Jim Hume, Buyer, at the address given below. Lessor: Lessee: Company Name: Macdonald Equipment Company City of Fort Collins City: Commerce C Street: 7333 Hwy 85 Zip: 80037-1865 Phone/Fax: 303-287-7401/303-287-7404 By: Print Name: Joe Owens Title: Vi ra prpsjapnt PO Box 580 Fort Collins, CO 80522 Phone 970-221-6775/Fax 970-221-6707 By: Jame B. 'Neill, II, CPPO, FNIGP Director of Purchasing and Risk Mgt. BID 7227 - Equipment Rental Page 1 of 21 90-110 HP 1 1/2 YD LOADER BUCKET 120-130HP 2 3/4 YD LOADER BUCKET 140-150HP 3 1/4YD LOADER BUCKET 170-180HP 4 YD LOADER BUCKET 240-260HP 5 1/4 YD LOADER BUCKET ACCESSORIES AMERICAN COUPLER MOUNTED CLAW MODEL 520 MODEL 720 GRADERS 60-80HP, 10' POWER SIDE SHIFT MOLDBOARD,W/POWER SHIFT TRANS 85-100HP, 12' POWER SIDE SHIFT MOLDBOARD W/POWER SHIFT TRANS 140-155HP, 12' POWER SIDE SHIFT MOLDBOARD,W/POWER SHIFT TRANS 180-200HP, 14' POWER SIDE SHIFT MOLDBOARD,W/POWER SHIFT TRANS 137HP (GROSS), 12' POWER SIDE SHIFT MOLDBOARD, WITH POWER SHIFT TRANSMISSION 107' LOW PROFILE CAT, ARTICULATED BLADE EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 75.00 each way 75.00 each way BID 7227 — Equipment Rental Page 8 of 21 EXTRA DELIVERY STEEL DRUM ROLLERS 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 2.5-3 TON VIBRATORY,38"-47" WIDE,31-42 F 200. 600. 1800. 75.00 each way SMOOTH FACE,DUAL DRUM W/SPRAY WATER SYSTEM 3.5-4 TON VIBRATORY,47"-54" WIDE,31-42 F 275. 800. 2400. 75.00 each way SMOOTH FACE,DUAL DRUM W/SPRAY WATER SYSTEM 6-8 TON VIBRATORY,47"-56" WIDE,45-55 HP SMOOTH FACE,DUAL DRUM W/SPRAY WATER SYSTEM 9-13 TON VIBRATORY,55"-66" WIDE,65-75 H 600. 1700. 4900. 75.00 each way SMOOTH FACE,DUAL DRUM W/SPRAY WATER SYSTEM EXTRA DELIVERY RUBBER TIRE ROLLER 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 9 WHEEL ARTICULATED, 9-12 TON 335. 1000. 3000. 75.00 each way 9 wheel straight frame 50001b 300. 900. 2700.00 75.00 each way WALK BEHIND SMOOTH STEEL DRUM ROLLER 300-500LB SINGLE DRUM, W/WATER SYSTEM- 22"-24" DRUM WIDTH 400-600LB DOUBLE DRUM, WIWATER SYSTEM-24"-26" DRUM WIDTH TRENCH COMPACTOR 1-2 TON VIBRATORY, 30"-36" WIDE EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 9q5 -72-Ion—7-5-.-OD each way BID 7227 — Equipment Rental Page 11 of 21 EXTRA DELIVERY AIR COMPRESSORS (TRAILER MOUNTED) 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 175-200 CFM, GAS 175-200 CFM, DIESEL 375 CFM, DIESEL MOTOR SCRAPER 175-200HP, 11 CU. YD. POWER SHIFT TRANSMISSION 18 FLIGHT HYDROSTATIC ELEVATOR SHEEPS FOOT 2-4 TON,TOW TYPE 54"-60" DRUM 2-4 TON,TOW TYPE 54"-60" VIBRATORY DRUM 10-15 TON SELF PROPELLED 100-165HP, 80"-85' VIBRATORY DRUM LIGHTING TOWERS (TRAILER TYPE) 2000 WATT 4000 WATT EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE .EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGE CHARGE 75_0 each way 75-0n each way EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE BID 7227 — Equipment Rental Page 13 of 21 DIESEL POWER 100 KILOWATT 150 KILOWATT 200 KILOWATT EXTRA DELIVERY MOBILE RECOVERY SCREENING PLANT 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE DIESEL POWERED GAS POWERED ELECTRIC POWERED PORTABLE ASPHALT CRUSHING PLANT, 2 DECK SCREEN, DISCHARGE CONVEYOR RAP FEEDER EXTRA DELIVERY TONS TO BE WITH FINES ALREADY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE REMOVED 30TON PER HR. UNIT 40TON PER HR. UNIT 50TON PER HR. UNIT EXTRA DELIVERY ASPHALT PAVER, SELF-PROPELLED 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE (2 YEARS OLD OR NEWER) 4-5.5 TON HOPPER, 30-40 HP 2200. 6600. 75.00 each way 8'-12' PAVING WIDTH 4-5.5 TON HOPPER, 30-40 HP 2300. 6800. 75.00 each way 8'-12' PAVING WIDTH AN GEAR DRIVEN TRACKS 8-9 TON HOPPER, 110-130 HP 8'-16' PAVING WIDTH 1/2"-12" PAVING DEPTH 165-245 FPM PAVING SPEED (TOP END) 12" SCREED DEPTH, DIRECT HYDRAULIC DRIVE, HYDRAULIC SCREED EXTENTIONS FOR INVERT OR CROWNS BID 7227 — Equipment Rental Page 15 of 21 PORTABLE ELECTRIC POWERED JAW CRUSHER MODEL 30X42, 150 HP STREET SWEEPER (AIR MACHINE) 3-5 CU. YD. HOPPER 8.5 CU. YD. HOPPER, W/GUTTER BROOMS HIGH DUMP EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGE CHARGE EXTRA DELIVERY 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGE CHARGE LOW DUMP t5on ,Lp,on 12nnn, 750 each way EXTRA DELIVERY STREET SWEEPER (BROOM MACHINE) 112 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE 3-5 CU, YD. HOPPER 8.5 CU. YD HOPPER HIGH DUMP 19004000- 12000- 75.0O each way LOW DUMP EXTRA DELIVERY CONCRETE VIBRATOR 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGE CHARGE PENCIL CONCRETE VIBRATOR STANDARD CONCRETE VIBRATOR LARGE CONCRETE VIBRATOR EXTRA DELIVERY CONCRETE SAW 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE HAND HELD SLAB SAW EXTRA DELIVERY TAMPER 1/2 DAY HOURLY DAILY WEEKLY MONTHLY MILEAGECHARGE JUMPING JACK BID 7227 — Equipment Rental Page 16 of 21