No preview available
HomeMy WebLinkAboutC06-335 AGREEMENT This agreement ("Agreement"), made this J1:.- day of November, 2006, between Eagle County, Colorado ("County") and LBA Associates, Inc. ("Contractor"), WITNESSETH: Whereas, County wishes to have conducted a feasibility study for a materials recovery facility operation in the County, the purpose of which study is to assess how the economics of such a facility might compare to other options for managing drop-site and curbside recyc1ables generated in the County; and Whereas, Contractor is experienced in the performance of such a study and wishes to perform such a study for County, Now, therefore, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE I - SCOPE OF WORK This Agreement covers the services described in the Contractor's September 8,2006 Proposal ("Proposal"), a copy of which (consisting of four [4] pages, the first of which is unnumbered and the remainder of which are numbered 2,3,4,5,6 and 7 respectively) is attached hereto as Attachment A and by this reference made a part hereof. The services provided by Contractor to County hereunder hereinafter are collectively described as "the Work." Contractor affirms that all representations set forth in the Proposal are accurate, that County may rely thereon, and that Contractor shall be responsible at its own expense for assuring that all matters so represented are as represented. In the event of a conflict between a provision of the Proposal and a provision of this Agreement, the provision of this Agreement shall control. ARTICLE 2 - TERM OF AGREEMENT This Agreement shall become effective on the date of execution by the parties and shall continue until completion of the Work. The County may elect to extend the term of this Agreement, in which case all of the provisions of the Agreement shall remain in full force and effect during any extended term except that the Scope of Work and compensation to be paid to Contractor during any extended term shall be mutually agreed upon prior to the commencement of any extended term and reduced to writing, signed by both parties, and attached to this Agreement. ARTICLE 3 - COMPENSATION County will compensate Contractor on a time and materials basis, with a not-to-exceed amount of Eleven Thousand, Eight Hundred and Fifty Dollars ($1 1,850.00). Contractor shall submit an electronic invoice to County, and shall post a hard copy of same by regular mail, by the last calendar day of the month. County shall remit payment within thirty (30) days of receipt of 1 ,,-. "":>?':::::'_'-\'I electronic invoice. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Contractor in respect of any period after December 31 st of each calendar year during the term of this Agreement, without appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE 4 - TERMS AND CONDITIONS The Agreement shall be subject to the terms and conditions set forth in Attachment B (consisting of two pages numbered pages 2 and 3), attached hereto and made a part hereof by this reference. All references in Attachment B to LBA shall be deemed to refer to Contractor. ARTICLE 4 - INSURANCE At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of One Million Dollars ($1,000,000) and Workers' Compensation insurance as required by Colorado law. Contractor shall deliver certificates of insurance, naming County as an additional insured, to County within fifteen (15) calendar days of execution of this Agreement by County. ARTICLE 5 - PROVISION MANDATED BY HOUSE BILL 1343: PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES A. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services; or enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor shall verify or attempt to verify through participation in the Basic Pilot Verification program, as administered by the United States Department of Homeland Security, that the Contractor does not employ any illegal aliens. If the Contractor is not accepted into the Basic Pilot Verification Program prior to entering into a public contract for services, the contractor shall apply to participate in the Program every three months until the contractor is accepted or the public contract for services has been completed, whichever is earlier. Information on applying for the Basic Pilot Verification Program can be found at: https:/ /www.vis-dhs.com \emp 10 verregis tration C. Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: 2 1. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and 2. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (1) of paragraph (D) of this Article 5 the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract fora breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. ARTICLE 6 - APPLICABLE LAW, JURISDICTION AND VENUE This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in Eagle County, Colorado. ARTICLE 7 - NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate party at the following addresses: Contractor: Laurie Batchelder Adams, President LBA Associates, Inc. 2186 S. Washington Street Denver CO 80210 County: Ron Rasnic, Solid Waste Manager Eagle County, Colorado P.O. Box 250 Eagle CO 81631 This Agreement will be effective on ,2006. In witness whereof, the parties hereto have signed this Agreement. 3 LBA ASSociate/yc. . ~h ~ .-,,/~ By: ... ~ ~~_____ Name:. a Ie Batchelder Adams Title: President STATE OF COLORADO County of OJ1ll<J11' ) ) ) The foregoing was acknowledged before me this R day of C){bI.ob.o../" by Laurie Batchelder Adams as President of LBA Associates, Inc. ,2006 S~ Witness my hand and official seal. My commission expires ~J.y Commi&sion Expirss 11/14/2007 Notary Public 4 )-r7Actf~e#{ A LBA ASSOC1ATES September 8. 2006 Ron Rasnic. Solid Waste Manager Eagle County PO Box 250 Eagle, Colorado 81631 RE: Eagfe County Materials Recovery Facility Study Dear Ron. The LBA Associates T~am (LBA) is pleased to provide a proposal for conducting a feasibility study for a materials recovery facility (MRF) operation in Eagle County. The focus of this study will be to assess how the economics of such a facility might compare to other options for managing drop-site and curbside recyclaWes generated in Eagle County (and possibly beyond). LBA understands the County's desire to complete this assessment as quickly as possible. in support of the 2007 budgeting process. In response to this need - as well as the desire to keep the study costs to a minimum - we have proposed a basic assessmef!t of annual MRF operating costs. Please note that we are happy to adjust this proposal (up. down or sideways) as needed to best meet the needs of the County. TASK 1 - DETERMINE COST OF MRF OPERATIONS Scope or Services We expect this assessment to include the following activiti": 1. Review a Interpret Existing Data - including · County's drop site quantities and costs (for example, approximate numbers indicate that about 1.200 tons were recycled in 2005 at a cost of $200.000 - and that significant increases have occurred in 2006) · Hauler's curbside quantities · Waste characterization data (to the extent it is useful in projecting future quantities) · Colorado Department of Local Affairs (DOLA) population projections for Eagle County (to assilt in estimating future material quantities) lBA ASSOCIATES, JNC. 2186 S. Washington St., Denver, Colorado 80210 301..,. 733-7943 Ibaassoc@qwest.net Eagle County MRF Feasibility Study Cost of Services We can co.mplete this work for $11,850 on a time and materials, not to exceed basis. Assumptions LBA's ability to complete this work as described is based on the following assumptions: . The study will cover a 5-year planning period (2007 through 2012) · Existing County data on recyclable quantities and program costs will form the basis of projections (also past waste characterization data, if applicable) · The County will provide hauler's quantities from curbside recyclables collections in Eagle County at the project on-set . Preliminary design for the new MRF will not be developed (unless the optional task is authorized) although limited design assumptions based on a dual-stream processing facility will be developed in order to assess annual O&:M costs . OPTIONAL TASKS Should the County whish to conduct a preliminary MRF design/capital cost estimate, LBA would be happy to provide additional services. If directed by the County, LBA will develop a detailed scope of services and costs for this task. Preliminary MRF Design A second task the County may require is a prelimina'ry MRF design. Preliminary MRF design information will allow Eagle County to assess the reasonableness of current MRF construction estimates. This activity would build on the features assessment discussed in items #2 and #5 above. It would include: · Development of design criteria - will consider identify those design features necessary for a dual-stream facility to meet local, state and national requirements; address design and operating standards; and provide flexibility for expanding and/or modifying the facility in the future · Preliminary facility drawings - including a site plan and facility layout · Preliminary construction cost estimate lBA ASSOCIATES TEAM ! LBA Associates LBA Associates is a small management consulting firm that provides solid waste planning and recyding services to cities and counties in Colorado and the Rocky Mountaltl Region. We have worked with Pitkin County and South Routt County as recently as 2005/06. Earlier work for Pitkin County - as well as other projects for Chaffee, Boulder, and Larimer Counties - included assessment and design services specifically associated with new and on-going MRF operations. Other work has included local planning and feasibilities studies, waste characterization, procurement and contracting, market research, and local/state recycling policy development. LBA is a small, focused firm with minimal overhead and low hourly rates, which allows us to provide great value to our clients. LBA's President, Laurie Batchelder Adams, will serve as Eagle County's project manager for this study. Laurie has spent the last 16 years learning about the obstacles and opportunities of public sector recycling in western Colorado. This unders~anding is bolstered by her long-time leadership role in both the Colorado Association for Recycling and the Solid Waste Association for North America (she is currently Vice President of the international SWANA organization). Laurie's resume is attached for your review. HDR Engineering LBA will be supported by HDR' Engineering, Inc. (HDR). HDR is an architectural, engineering and consulting firm that has over 30 years experience in solid waste management. HDR has lBA Associates, Inc. Page 3 Page 1 of2 Laurie Batchelder Adams From: Laurie Batchelder Adams [Ibaassoc@qwest.net] Sent: Wednesday, October 04,200610:03 AM To: 'Ron Rasnic' Cc: 'Matt Scherr' Subject: Status Importance: High Attachments: Design & Operating Criteria. doc Ron - I have reworked our scope to reflectthe 9/29 discussion: We can do the following for in my September 8,2006 letter proposal (i.e., scope changes but no cost changes): 1. Replace MRF feasibility with transfer station feasibility - including · Facility conceptdesign criteria for 20-year building (see attached preliminary notes I captured your thinking correctly) · Conceptual site plan sketch · Conceptual capital costs (2006$) - excluding site preparation costs . Annual costs ofTS ops for next5 years (2006$) 2. Annual costs of DOC ops for next5 years (2006$) based on proposed EVAS community trailers to 2 depots to TS exceptOCC) 8: EVAS collection frequency schedule for 2007 - will also review EVAS's proposed conceptand costs. 3. Sum m a ry m e more port Does this work for you? Ifso, I need to geta signed contractas soon as possible. Can you atthe S WANA meeting? Also -please look closely atthe tables in the attached memo (quantities discussion): the cells representthe quantities we are looking at I need to have you and Matt verify thatthe TS essentially be a 2-stream system (no OCC and all paper mixed) - and acknowledge both the curbside numbers and their need to commingle fiber to use the TS as envisioned. You'll also consideration I had for Mattatthe depots in an e-mail going outto him. Lastly - I ended up using the undated WM numbers, thinking these are probably their estimate 2006 quantities - do you get confirmation on this? And what is the deal with their source- in 2006 (Le., where are they collecting)? And how will this work at a 2-stream TS? I'll bring my files to Alamosa - let's try to grab a little time to run through these assumptions. can really getgoing next week. Thanks, Ron. 10/12/2006 , 0 J (1.; \ ' 11,)\ v'J/ :/ / ~ ?) f EAGLE COUNTY TRANSFER STATION DES1GN Et OPERATING CR1TERA (draft) General · Transfer of commingled containers and mixed (ONP, OP, ONG) paper only (compacted OCC will be hauled from two depots directly to Summit County) · Materials to be delivered in roll-offs and commercial compactors with dedicated loads · Quantity projections indicate 2030 quantities requiring transfer of approximately 25 tpd (about 6.700 tons/year*) in 2030 if both drop site M..d. curbside container/mixed paper tons are transferred M..d. grow in accordance with population projections - this is about 15 tpd in 2007 · Public access only to drop site containers located outside of building and limited to operating hours Site · Site is county-owned and adjacent to landfill - there is adequate room for access, turning. backing, loading of roll-off trucks, commercial collection vehicles and tractor trailers · No site preparation to be included in design criteria or conceptual costs - site is on a side slope and supports differential grades for loading trailers Building · Twenty-year design life (approx 2030) · Sized to accommodate storage of two material streams plus anticipated roll-off and compaction vehicle traffic - consideration will be given to extra space for future retrofit/expansion · Completely enclosed, metal building · Foundation criteria to be assumed (no soils data available) - foundation requirements for future baler/conveyor system not included · Utilities - single-phase power, no potable water, port-o-Iet or compost toilet · Storage tank for fire protection · Room for minimal unacceptable materials storage in building · Small office/records space and unisex restroom Equipment · Small loader · Walking floor transfer trailer(s) · Vehicle scale available at landfill Staffing · County operation - batch operation of only few hours/week to police site, load trailer and round- trip haul to Summit County " This projection is based on increasing the 2006 County DOC and private curbside quantities to 2030 on the basis of population (see shaded numbers below). Note that: o These tons do not include OCC (direct haul from depots) but do include glass (which may ultimately be handled separately) o The 2006 quontities themselves are projections and are based on rough approximations only - assumed to be conservatively high as estimated quantities increased significantly over 2005 tons o The commercial tons represent about 60% of these totals - if the transfer economics don't attract these tons, the transfer station will operate at a notably lower capacity o No additional tons have been added to represent additional quantities from any new municipal curbside collections o No additional tons have been added to represent increases from changes in either drop or curbside collections (such as accepting mixed paper instead of just ONP, increased promotion or other) : ! 'l1.( G \ C ( l 11;)/ V_c I!" '1 V -'-,1-- V TERMS and COND11l0NS ATTACHMENT "B" Eagle County and LBA agree that the following provisions shall be a part of their Contract: l. This Contract may not be modified except as mutually negotiated by both parties in writing. In the event any provision of this Contract shall be held to be invalid and unenforceable, the other provisions of this Contract shall be valid and binding on the parties hereto. II. Should litigation or arbitration occur between the two parties relating to the provisions of this Contract, all litigation/arbitration expenses, collection expenses, witness fees, court costs, and attorney fees shall be paid by the non- prevailing party to the prevailing party in addition to all other relief to which it is entitled. III. All plans, calculations, specifications or reports prepared by LBA during the performance of its services under the Contract, and including any electronic spreadsheets, word processing or presentation files and any copyright to such works, are the property of the County. LBA shall treat all data, calculations, drawings, and specifications supplied by the County or developed by the County in the course of the work, as confidential and shall not disclose, disseminate, publish, or reuse such information without the prior approval of the County. On termination of this Contract, LBA shall return all such confidential material to the County. IV. lBA shall defend, indemnify, and hold harmless the County, its officers, directors, and employees, from and against any and all claims, demands, losses or liability, including attorney fees that arise from, or which are alleged to arise from negligent errors, negligent omissions, or negligent performance of LBA's obligations under this Contract except to the extent caused by the sole negligence or willful misconduct of the person or entity indemnified hereunder. In applying this provision, the negligence or willful misconduct of an indemnitee shall not be attributed to any other indemnitee. This indemnity paragraph shall survive termination of this Contract, regardless of how terminated. V. The County shall defend, indemnify, and hold harmless LBA, its officers, directors, and employees, from and against any and all claims, demands, losses or liability, including attorney fees that arise from, or which are alJeged to arise from negligent errors, negligent omissions, or negligent performance of the County's obligations under this Contract except to the extent caused by the sole negligence or willful misconduct of the person or entity indemnified hereunder. In applying this provision, the negligence or willful misconduct of an indemnitee shall not be attributed to any other indemnitee. This indemnity paragraph shall survive termination of this Contract, regardless of how terminated. VI. Both parties hereto warrant and represent that they have a full right, power, and authority to execute this Contract. VII. The County may terminate lBA for any material breach of this Contract. No termination shall become effective until five (5) business days after receipt by LBA of a written notice from the County specifying in reasonable detail the nature of the material breach and further stating that if such breach is not cured within five (5) business days, this Contract shall terminate. If the breach specified in such notice is cured within the five-day period, this Contract shall remain in effect. In the event of termination, LBA shall cease work and shall gather databases, spreadsheets and word processing programs in usable form, all sketches, plans, specifications, calculations, reports, tests, or other documents provided to, or developed by, lBA under this Contract, whether such documents are in the draft or complete form, and shall deliver them to the County. The County shall pay LBA the balance due, if any, for work performed under this Contract through to the date of Notice ofTermination less the cost of remedying lBA's breach of this Contract. This right of withhold is in addition to any other remedy available to the County for lBA's breach. '. Consulting Contract Eagle County MRF Study Page 2 September 2006 VIII. LBA may terminate Contract for lack of payment within the (10) business days following end of the 30-day payment period following receipt of LBA's electronic invoice. No termination shalf become effective until five (5) business days after receipt by the County of a written notice from LBA identifying .lack of payment. LBA may suspend work without violation of the Contract between the time of notification of lack of payment and payment receipt IX. The County may terminate LBA for any reason upon ten (10) business day's written notice. Immediately after receiving notice. LBA shalf cease work and shall gather all spreadsheet and word processing program disks in usable form, sketches, plans, specifications, calculations, reports, tests or other documents provided to, or developed by, LBA under this Contract, whether such documents are in draft or complete form, and shalf deliver them to the County. The County shall pay LBA the amount due for work performed through the date of termination, plus reasonable and necessary expenses incurred by LBA in orderly terminating its work. X. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the other's control. Consulting Contract Eagle County MRF Study Page 3 September 2006