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HomeMy WebLinkAboutC04-414 Waste Management of Colorado, Inc. AGREEMENT FOR RECYCLING SERVICES BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND WASTE MANAGEMENT OF COLORADO, INC. THIS AGREEMENT is made effective January 1, 2005, by and between the Board of County Commissioners, County of Eagle, State of Colorado, (hereinafter referred to as "Owner"), and Waste Management of Colorado, Inc., (hereinafter referred to as "Contractor"). Recitals A. County provides recycling collection centers to its citizens and visitors. B. Contractor has been providing recycling services to County pursuant to a contract dated as of January 1, 2004, and expiring December 31, 2004. County anticipates (but does not warrant or guarantee) to enter into a new long-term contract for such services, but it is not ready to do so before the expiration of the 2004 contract. The parties hereto want to extend their relationship through the end of calendar year 2005 to allow time for Eagle County to make decisions about the future of its recycling effort which must be made before it can pursue a new long-term contract. C. Contractor and County intend by this Agreement to set forth the scope of the responsibilities of the Contractor in connection with recycling and related terms and conditions to govern the relationship between Contractor and County. Agreement Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scone of the Work A. Contractor shall provide all labor, materials and equipment (except as expressly provided herein) necessary to allow for the collection of certain recyclable materials through drop-off collection at designated sites throughout Eagle County ("Work"). Designated sites are set forth in Exhibit "A" hereto. This shall be accomplished through the regular collection of recycling containers when full, or partially full, and re-location to the collection sites of empty containers. Collected material shall be hauled to a recycling materials recovery facility for processing into marketable commodities. (i) The collection schedule may not be changed without County's consent, which consent shall not be unreasonably withheld, but shall be considered in part based on the frequency of collection necessary to prevent the drop- off site(s) from becoming unsightly; (ii) Contractor shall increase the frequency of collection at any given drop- off site whenever necessary to prevent the site from becoming unsightly, provided that any increase in the collection schedule shall be charged to County at $200.00 per haul; (iii) Contractor may relocate drop-off sites, subject to the express written consent of County, which consent shall not be unreasonably withheld; (iv) In the event additional drop-off sites are added to the program, Contractor shall be compensated an amount agreed upon by the County and the Contractor for each additional site, pro-rated for the first year's addition. (v) In the event drop-off sites are removed from the program, for whatever reason, County's quarterly payment shall be reduced by an amount agreed upon by County and Contractor for each removed site, pro- rated for the first year's removal. (vi) Contractor shall provide County with quarterly reports of recyclable material collected, by category and by weight. (vii) County shall provide Contractor with the use of twelve (12) roll-off type collection containers. (viii) Contractor shall be responsible for repairing or replacing roll-off collection containers in the event of damage or loss due to negligence or misuse by contractor only. (ix) Contractor will provide two (2) 90-gallon Polycarts or 2-yard container if requested by County at all recycling sites, and will collect at a frequency necessary to keep them from overfilling. The Polycarts will be removed from any site requested by County in writing. (x) Contractor will pick up and load extra cardboard (OCC) that is left on the ground next to provided containers and County shall pay $10.00 extra per reloaded container. B. No recyclable materials collected pursuant to the Agreement shall be deposited in a landfill, whether in Eagle County or elsewhere, without County's prior written consent, unless contamination is such that it would be more costly to sort than to dispose of. 2 C. All recyclable material collected pursuant to this Agreement shall be owned by and at all times be in the possession of Contractor for all purposes. D. In performing the Work, Contractor shall comply with all federal, state, and local statutes, laws, rules, regulations, ordinances and resolutions applicable to the Work. Contractor shall perform the work in a skillful, professional, and competent manner and in accordance with standards of care, skill, and diligence applicable to contractors performing similar work in this area. 2. CAPITAL EQUIPMENT A. Eagle County owns, and will provide the use of, twelve (12) roll-off type collection containers utilized at the drop-off sites. Two (2) of the roll-offs are 40 yd3 in size, two (2) are 25 yd3, and eight (8) are 30 yd3. These containers are intended to collect newsprint and the materials which comprise the co-mingled category (glass, aluminum cans, tin steel cans, and #1 & #2 plastics). Corrugated cardboard will be collected in separate containers provided by Contractor. B. Contractor will perform, at County's expense, container retrofitting, removing unneeded internal dividing walls, raising and/or resizing drop-off doors, at County's request and in a manner to cause the least possible disruption in the recycling operation. 3. SERVICES A. Collection Schedule. The Collection Schedule is attached hereto as Exhibit "A". Violations of the collection schedule shall not be tolerated. Collection schedules may be decreased as conditions change; however, any change in collection schedules must be approved by Eagle County. B. Unwanted Trash At Drop-off Sites. Inherent in unmanned drop-off recycling collection programs is the problem of unwanted trash and other discarded material being left at the collection sites. It is unsightly, discourages people from using the drop-off sites, discourages landowners from giving permission to use their land for drop-off sites, and creates hazards for users and neighbors. For example, the Vail site is adjacent to a helicopter landing pad, and loose trash could be blown about and caught up into the rotor system. Contractor is responsible for monitoring each drop-off site and removing any trash or other unwanted material in a timely manner. If notice is given to the County Landfill, Contractor will not be charged tipping fees for that trash collected from the drop-off sites which is disposed of at the County Landfill. C. Materials To Be Recovered. The following is a list of materials which must be recovered, at a minimum. This list may be expanded upon or reduced with written County concurrence as market conditions dictate: PAPER Newsprint (ONP) Office paper Corrugated cardboard (OCC) Magazines METAL Aluminum cans Tin steel cans GLASS Clear, brown, green bottles and jars only PLASTICS #1 & #2 plastic containers D. Ownership Of Recovered Materials. All materials recovered by any recycling service provider are deemed to be the property of that service provider and, therefore, disposition of such recovered materials are at the discretion and benefit of the service provider. Landfilling of collected recyclable materials, however, whether at Eagle County Landfill, or any other landfill, is not an option. E. Reporting Requirements/Accountability. In order to monitor diversion rates, program strengths/weaknesses, and provide data for contract compliance, reports shall be prepared for the months January and February, and for the 1St, 2°a, 3ra, and 4th quarters, stating weights of recyclable materials recovered from only the drop-off sites, by material category (minimum classifications by OCC, ONP, MAGS, Office Paper, COMINGLE). Each quarter (in March, June, September, and December, respectively), Contractor shall perform a co-mingle sort to determine the percentages of materials in the co-mingled category. Weights of collected materials shall be verified by scale tickets, truck weight slips, or some other form of documentation which are transported directly to markets or, in the case of co-mingled collection, to material recovery facilities. Collected weights are to be documented on the front end of any disposition, prior to any processing. Each quarterly report shall be provided to the Eagle County Solid Waste Manager. County and Contractor shall meet during the middle of each calendar quarter to discuss Contractor's performance, changes to improve the recycling program and any other issues relevant to the performance of this Agreement. 4. TERM AND TERMINATION A. The Term of this Agreement shall be one (1) year, commencing January 1, 2005, and ending at the conclusion of December 31, 2005, subject to earlier termination as provided herein. 4 B. County may terminate this Agreement for its convenience upon providing ninety (90) days written notice, by delivery or by mail, to Contractor. County may terminate this Contract immediately upon Contractor's failure to perform its duties a set forth herein. C. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Contractor for any Work done after December 31, 2005, or any successive fiscal year thereafter, without the written approval of the County in accordance with a budget adopted by the Board of County Commissioners in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and the Local Government Budget Law (C.R.S. §29-1-101 et seq.). 5. COMPENSATION AND PAYMENT In consideration of its performance of the Work, Contractor shall be paid a total of $180,000, in four (4) equal payments of $45,000 (plus additional payment for any extra or unscheduled pick-ups or hauls) due March 31, June 30, September 30, and December 31, 2005. 6. INDEPENDENT CONTRACTOR It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this agreement. 7. NO ASSIGNMENT OR SUBCONTRACTING The parties to this Agreement recognize that in entering into this Agreement County is relying upon the skill and reputation of Contractor, including Contractor's acquaintance with the operation of recycling in Eagle County and Contractor's unique resources for recycling recyclable materials. Therefore Contractor may not assign its interest in the Agreement, including the assignment of any rights or delegation of any obligations provided therein or subcontract the performance of any part of the Work, without the prior written consent of County, which consent County may not unreasonably withhold. Except as so provided, this Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective successors and assigns, and shall not be deemed to be for the benefit or of enforceable by any third party. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement. 8. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain the following insurance: (i) Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; (ii) Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; (iii) Claims for damage because of bodily injury, sickness, disease, or death of any person other than his employees; and (iv) Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; (v) Liability Insurance issued to and covering the liability for damage imposed by law upon the Contractor and each subcontractor with respect to all Work performed by them under the Agreement; (vi) Property Insurance for the replacement cost of County-owned roll-off collection containers; and (vii) Comprehensive Automobile Insurance. B. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage forms of policies, as the case may be. C. Insurance covering claims for damages to persons or property shall at a minimum provide coverage of the larger of (i) $1,000,000 each person/$2,000,000 each occurrence, for bodily injury and $600,000 each occurrence for property damage, (ii) the maximum liability of a local government provided in the Colorado Governmental Immunity Act, 24-10-101, et seq. CRS (1973) as that may be amended from time-to-time, or (iii) such greater amount(s) as may be required by law. D. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Contractor shall deliver certificates of required insurance to the County within fifteen (15) calendar days of execution of this Agreement by the Board. E. Before permitting any subcontractor to perform any work under this Agreement, Contractor shall either (1) require each of his subcontractors to procure and maintain, during the life of his subcontracts, insurance which meets the requirements for the Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own policies in the amounts required hereinabove. Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County prior to commencement of the Work. These Certificates shall contain provisions naming the County as an additional insured under Contractor's insurance and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. Contractor shall not permit any subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the County. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive County's rights hereunder. 9. Indemnification To the extent permitted by law, Contractor shall indemnify County for, and hold and defend County and its officials, boards, officers, principals and employees, harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the performance of this Agreement. 10. Notices A. Any notice required under this Agreement shall be personally delivered or mailed in the United States mail, first class postage prepaid, to the appropriate party at the following addresses: Contractor: Jerry Velasquez Facility Manager Waste Management of Colorado, Inc. P.O. Box 38 Wolcott, CO 81655 Tel: (970) 926-3396 Fax: (970) 926-3384 County: Ronald L. Rasnic Eagle County Solid Waste Manager P.O. Box 250 Eagle, CO 81631 Tel: (970) 926-3125 Fax: (970) 926-3603 with a copy to: County Attorney Eagle County P.O. Box 850 Eagle, CO 81631 Tel: (970) 328-8685 Fax: (970) 328-5219 B. Addresses for giving notices may be changed upon giving notice. Notices shall be deemed given as of the date of delivery or three business days following the date of deposit of mailed notice into a regular depositary of the U.S. Postal Service. 11. Miscellaneous A. Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, ancestry, physical handicap, sexual orientation, age, political affiliation or family responsibility. Contractor shall require all subcontractors to agree to the provisions of this subparagraph. B. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the scope of the Work, except by a written document of equal formality executed by both parties hereto. C. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties agree that venue in any action to enforce or interpret this Agreement shall be in the District Court in the 5`'' District for the State of Colorado. D. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. E. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed as if such invalid or unenforceable provision was omitted. [signature page follows] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: "'rJ Cler~o the Board of ~ C unty Commissioners ~ ~ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS _~~ e c`~~~ ~r~,. T m C. Stone, Chairman ~~ ~ a+ \* _ o Este Management of Colorado, Inc. By: ~/ ^v Exhibit A EAGLE COUNTY DROP-OFF RECYCLING COLLECTION SCHEDULE Site Co-Mingle Containers Pick Up Fre uenc Cardboard Containers Pick Up Fre uenc Trash Containers Pick Up Fre uency Vail 1-40 yard 2X/wk 3-6 yard 4X/wk 2-90 gal SX/wk Vail Office Pa er "Wal-Mart can" 2X/month n/a n/a n/a n/a Minturn 1-30 yard 1 X/wk 1-6 yard 4X/wk 1 X/wk Red Cliff 1-25 yard 1 X/month 1-6 yard 1 X/month 1 X/wk Avon 1-30 and 3X/wk 3-6 yard 4X/wk SX/wk Edwards 1-30 yard 3X/wk 4-6 yard 4X/wk SX/wk Ea le 1-30 yard 2X/wk 3-6 yard 4X/wk 2-yd 1X/wk Gy sum 1-30 and 1 X/wk 2-6 yard 4X/wk 2-yd 1 X/wk 10 G~~ - ~fr~- ~3 OFFICE OF THE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us f~GL~ COUNTY De~~~:mber 20, 2004 Jerry Velasquez Facility Manager Waste Management of Colorado, Inc. P.O. Box 38 Wolcott, CO 81655 Via tI S. Postal Service Dear Mr.Velasquez: Enclosed for your records is an original Agreement between Eagle County and Waste Mangement of Colorado, Inc. for recycling services. Please do not hesitate to contact me if you have any questions. Very truly yo~u)rs, Debbie Faber Assistant County Attorney DF:pn Enclosures Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 8163 i-0850