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HomeMy WebLinkAboutC01-236 Alternative RecycleC C I -- t-, --- � 3 AGREEMENT BETWEEN v� COUNTY OF EAGLE, STATE OF COLORADO AND ALTERNATIVE RECYCLE, L.L.C. THIS AGREEMENT is made this /id day of 2001, by and between the Board of County Commissioners, County of Eagle, Sate of Colorado, (hereinafter referred to as "Owner "), and Alternative Recycle, L.L.C., (hereinafter referred to as "Contractor "). In consideration of the mutual promises herein, the parties agree as follows: Article 1 - Scope of the Work The Contractor shall furnish one (1) grinding machine and support equipment and perform all of the work described herein on the Owner's property in a location to be determined by Owner. Article 2 - Payment Owner will pay Contractor for material ground based upon a volume estimate suitable to both parties of the stockpiled material. Article 3 - Cooperation Both parties shall cooperate with one another and coordinate their activities to facilitate their respective duties. Article 4 - General Provisions All work shall be completed in a workman -like manner and in compliance will all applicable laws. 2. Contractor may at its discretion engage subcontractors and in all instances remain responsible for the proper completion of this Agreement. Contractor shall at its own expense obtain all permits necessary for the work, to be performed. 4. Contractor shall not be liable for any delay due to circumstances beyond its control including, but not limited to, strikes, casualty or general mechanical breakdowns. C C 5. Contractor shall maintain general liability insurance, with minimums in accordance with Federal and State laws, but not less than $1,000,000 per person and $1,000,000 per occurrence for personal injury and death and $250,000 per occurrence for property damage, and workers' compensation and employer's liability coverage with minimums in accordance with all applicable State laws, and shall save harmless and indemnify the Owner from and against any and all claims, demands, damages and expenses of any nature whatsoever, relating to or arising from this Agreement and Contractor's performance of this Agreement. Contractor shall provide Owner current Certificates of Insurance, before commencing the work, naming Owner as an additional insured on the liability policy(ies) and proving coverage by a workers' compensation policy. Article 5 - Assigiunent of Rights Neither party may assign or delegate their rights, under this Agreement without the written permission of the other party. This Agreement shall inure to the benefit of, and be binding upon the parties, their successors and assigns permitted hereunder. Article 6 - Amendment This Agreement may only be amended by an agreement between the parties, in writing and executed by both parties with the same formality as this Agreement. Article 7 - Integration This document embodies the entire understanding between the parties. There are no terms, covenants, or conditions, expressed or implied, other than those set forth herein. This document supersedes all earlier negotiations, understanding and agreements between the parties and represent the sole intention of the parties. Article 8 - Other Terms A. Length of Agreement - forty -five (45) days from the first day of arrival (on or about September 4, 2001) of the grinding machine on the work site, i.e., Eagle County Landfill. B. Description of work to be performed - separated wood waste delivered to and stockpiled at Eagle County Landfill shall be processed through Contractor's grinding machine at a specified size reduction of three (3) inch minus. Eagle County Landfill personnel and Contractor shall determine suitability of material to be processed, i.e., certain material not within the grinding machines capability shall be excluded, e.g., large metal objects, rocks, & concrete. 2 CJ C. Safety considerations - Contractor shall position the grinding machine in such a manner as to maintain a safe distance from waste haulers and debris which may be thrown from the grinding machine. Also, Contractor shall cycle down the grinding machine when waste haulers are present. Further, support equipment [excavator, etc.] shall be positioned and operated in such a manner as to remain a safe distance from haulers and other persoimel when present. D. Quantity - all separated wood waste stockpiled and suitable for grinding as stipulated above. E. Price - $3.50 per cubic yard of pre - ground material. F. Terms - to be paid within thirty (30) days upon the submittal of invoice which shall include documentation of weight and /or volume of material processed through grinding machine. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. The parties hereto have signed this Agreement in quadruplicate. One counterpart each has been delivered to the Owner and the Contractor. County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: T m C. Stone, Chairman Alternative Recycle, L.L.C. By: Kyle L. Ellis /QCVRD CERTIFICA OF LIABILITY INSU NCB, OP ID L DATE(MM /DD/YY) TER -1 05/10/01 F-DUCER THIS CERTIFICATE IS I SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Linden Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4100 E. Mississippi Ave, #900 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80246 Phone: 303- 756 -6700 Fax:303- 756 -7700 I INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Indemnity Co. INSURERS: Pinnacol Assurance Alternative Recycle, LLC INSURER C: 41091 Madrid Drive INSURER D: Parker CO 80134 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I'S R TYPE OF INSURANCE POLICY NUMBER LTR . POLICY E FE P EXPIRATION ' LIMITS DATE MM /DDM! DATE MMIDD/YY GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY I DTC0161E8635- TIL -01 06/01/01 ! 06/01/02 FIRE DAMAGE (Any one fire) 1$300,000 CLAIMS MADE � OCCUR ! MED EXP (Any one person) 1 $ 10,000 PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE i$2,000,000 j GEN'L AGGREGATE LIMIT APPLIES PER: ( PRODUCTS - COMP /OP AGG I $ 2 , OO O , OOO PRO- POLICY X I JECT i LOC I 1 AUTOMOBILE LIABILITY A 1 X ANY AUTO ( DT810161E8635- TIL -01 COMBINED SINGLE LIMIT (Ea accident) 06/01/01 06/01/02 $1,000,000 ', ! ALL OWNED AUTOS i BODILY INJURY $ j� SCHEDULED AUTOS (Per person) j HIRED AUTOS - !BODILY INJURY � $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENTS ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A X7 OCCUR CLAIMS MADE CUP161E8635- TIL -01 1 06/01/00 06/01/01 AGGREGATE $1,000,000 I $ j DEDUCTIBLE $ X ~ RETENTION $ NONE s WORKERS COMPENSATION AND LX I TORY LIMITS ER EMPLOYERS' LIABILITY 4021631 B 03/01/01 03/01/02 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE! $ 500 , 000 E.L. DISEASE - POLICY LIMIT $ 500 , 000 OTHER 'Equipment A Floater QT660537X3155TIL01 06/01/01. 06/01/02 Max Item $100,000 Leased /Hired Equip SPECIAL FORM Ded $1,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS ALL OPERATIONS /ALL LOCATIONS: GERTIFIGATE,HULUhK N ADDITIONAL INSURED; INSURER LETTER: _ UANt,CLLA I IUN EAGLECO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL EAGLE COUNTY LANDFILL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ATTN: RON RASNIC P 0 BOX 250 REPRESENTATIVES. EAGLE CO 81631 AUTHORIZED REPRESENTATIVE Thomas S. _AM ACORD 25 -S (7197) ` OACORD CORPORATIQN 1988