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HomeMy WebLinkAboutC10-309 Vail Honeywagon Enterprises • AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES, INC. THIS AGREEMENT ( "Agreement "), dated this &day of October, 2010 is between Eagle County, Colorado, ( "County ") and Vail Honeywagon Enterprises, Inc., a Colorado corporation with its principal place of business at 955 Ute Creek Road, Wolcott, CO. 81655 ( "Contractor "). WITNESSETH: WHEREAS, County desires to hire a vendor to transport collected recyclable material from drop -off collection sites situated throughout greater Eagle County to the Eagle County Recycled Materials Recovery Facility (MRF) located at 605 Ute Creek Road, Wolcott, Colorado. WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise in the collection and transportation of recycled materials and wishes to provide said services to County; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the services provided and related • terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: 1. SCOPE OF WORK: The following will collectively be referred to as the "Work:" A. Contractor agrees to provide the necessary vehicles and drivers to haul recycle collection containers from various drop -off collection sites as more specifically identified on Exhibit A located throughout greater Eagle County to the Eagle County MRF. B. Pricing is primarily on a "per haul" basis and the collection schedule will be adjusted accordingly from the fixed schedule presented in Exhibit A to meet the needs of each individual site. C. County owns and will provide eight (8) roll -off collection containers to Contractor for use in the recycle drop -off collection program. Contractor shall be solely responsible for any and all damage caused by Contractor to the • 1 I • County owned collection containers and shall replace or repair the collection containers to their original condition at County's discretion within thirty (30) days of written demand from County. D. Contractor will be responsible for the provision of cardboard collection containers at five (5) sites. These containers will be six (6) to eight (8) cubic yards in size, in good condition and with operable lids. The number of containers per site will be that which is necessary to fulfill the collection need. E. Initial signage for roll -off cans will be supplied by Eagle County in the form of magnetic signs. Permanent decals will be provided by County and Contractor will apply permanent decals after container refurbishment or replacement. F. Contractor agrees to paint the roll -off containers at its sole cost and expense, a color chosen by County over a period of time as the containers become available through swap outs. Painting shall occur as soon as practically possible and weather permitting. G. It is acknowledged that Town of Vail currently has a contractual agreement with a hauler to manage their recycle drop -off site other than the Contractor specified in this agreement. In the event Eagle County begins to provide recycle hauling for the Town of Vail, then Contractor shall provide such • services at the rates and upon the terms set forth herein. 2. CONTRACTOR'S REPRESENTATIONS: A. Contractor is an independent contractor, and nothing herein contained shall constitute or designate the Contractor or any of the Contractor's employees or agents as employees or agents of the County. B. Contractor has familiarized itself with the nature and extent of the contract documents, work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules, permits and regulations that in any manner may affect cost, progress, or performance of the work. 34 CONTRACT PRICE A. The funds appropriated for this project are equal to or in excess of the contract amount. County shall pay Contractor for performance of the Work as follows: (i) The hauling fee for co- mingled containers and newspaper containers shall not exceed $190.00 per haul per container as presented in Contractor's RFP response which response is attached hereto and incorporated within this agreement as Exhibit B. f • 2 (ii) The hauling fee for cardboard containers shall not exceed $4,975 per month as presented in Contractor's RFP response which response is attached hereto and incorporated within this agreement as Exhibit B. (iii)Contractor shall not assess any fuel or environmental charges per Contractor's RFP response which response is attached hereto and incorporated within this agreement as Exhibit B. • B. County will issue full payment within thirty (30) days of receipt of a monthly invoice from Contractor which satisfactorily details the number of container hauls by type and location. C. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made Yp Y to Contractor in respect of any period after December 31 of any year without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with 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). 4. TERM A. The Work will commence upon notification by the Eagle County Solid • Waste & Recycling facility to Contractor. • B. The Agreement shall terminate on December 31, 2011. This s A g reement may b y e renewed annually by a mutual agreement to renew between County and Contractor. 5. INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise Y g out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder; and Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. 6. ENFORCEMENT REMEDIES: A. The Contractor's obligations hereunder shall survive termination of the Agreement. B. County and Contractor agree that this Agreement may be enforced for specific performance, injunctive, or other appropriate relief, including damages, as may • 3 • e available according to the laws and statutes of the State of Colorado. It is specifically • nderstood that by executing this Agreement, both County and the Contractor commit emselves to perform pursuant to these terms contained herein. In the event that an ction is brought to enforce this Agreement, the prevailing party shall be entitled for the covery of its costs and fees, including reasonable attorney's fees. 7. MISCELLANEOUS: A. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado, District Court in and for Eagle County, Colorado. B. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Contractor and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Contractor and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. C. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such t • remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. D. This Agreement may be amended, modified, changed, or terminated in Whole or in part only by written agreement duly authorized and executed by both County and Contractor. This Agreement represents the full and complete understanding of County and Contractor and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Contractor with respect to the subject ratter contained herein. E. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. F. County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing fifteen (15) days notice to Contractor. Upon such termination, County 'shall be liable for Work satisfactorily completed prior to the notice. G. In the event of conflict between the terms of this Agreement and Exhibits Al and B, the terms of this Agreement shall control. • 4 • 8. INSURANCE A. At all times during the term of this Agreement, Contractor shall maintain commercial general liability insurance in the minimum amount of ONE MILLION DOLLARS ($1,000,000.00) per injury, and the minimum aggregate amount of TWO MILLION DOLLARS ($2,000,000.00). B. Worker's Compensation and employer liability in accordance with the . Worker's Compensation Act of the State of Colorado for employees doing work in . Colorado in accordance with this Agreement. C. Automobile .liability (including owned, non - owned, and hired) in an amount not less than ONE MILLION DOLLARS ($1,000,000) per individual and not less than ONE MILLION DOLLARS ($1,000,000) per occurrence. D. All insurance required hereby shall be issued by an insurance company or companies authorized to do business in the State of Colorado. Certificates of Insurance acceptable to County shall be filed with County prior to commencement of the Work. Coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given County. Contractor shall not start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with County. Failure of the Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. • 9. NOTICE AND AUTHORIZED REPRESENTATIVES Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax, e -mail or mail to the appropriate party at the following addresses: County: Contractor: Ronald L. Rasnic, Solid Waste Manager Matt Donovan, Owner Solid Waste & Recycling Department Vail Honeywagon P.O. Box 473 P.O. Box 4330 Wolcott, Colorado 81655 Edwards, CO 81632 (970) 328 -3465 (p) (970) 476 -3511 (p) (970) 328 -3466 (f) (970) 926 -3712 ron.rasnic@eaglecounty.us matt @vailhoneywagon.com Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 10. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: • 5 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. • Y py § $- 17.5 -101, et seq., regarding illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E- verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) 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 has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States- Department of Homeland Security. Information on applying for the E- verify program can be found at: http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm • C. The Contractor shall not use either the E -verify program or other Department 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: (i) 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 (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) 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. ` • 6 • 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 established in C.R.S. § 8- 17.5- 102(5). F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement this 74Q day of D t.--1 , 2010. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and O i ( % through its BOARD OF t g -i, N. COUNTY COMMISSIONERS • B 4 j 'a.. 4/1t_ o BY: Clerk to the Boar. of County •LQRr� Sara J. Fis r, Chairman Commissioners 14 `1 • � — p' f` ' Contractor: VAIL HONEYWAGON ENTERPRISES, INC. BY: __,&f:P&___CALC, STATE OF Colo roc d 0 ) E; j } S COUNTY OF /K - The foregoing instrument was acknowledged before me by M v t) lb O JQ of Vail Honeywagon Enterprises, Inc. this i 8 - day of Oct() be 2 , 2010. o s'o Aires* 1 I I L I Not y P>. JENNIFER L. FRIESTAO NOTARY PUBLIC • OF COLORADO y Commission Expires 3711/2014 7 • Exhibit A • fixed hauling schedule. roposed fixed collection frequency and container types are as follows: Hauling Frequency Site Container Material Location Type & # Mon Tues Wed Thurs Fri Sat Avon 5— 6 cy front Crdbrd x x x x load dumpsters 1 — roll -off Co- mingle x x 1-- roll -off News x Eagle 5— 6 cy front Crdbrd x x x x load dumpsters 1— roll -off Co- mingle x x ' 1 — roll -off News x Edwards 4— 6 cy front Crdbrd x x x x load dumpsters 1— roll -off Co- mingle x x 1— roll -off News x Gypsum 3 -- 6 cy front Crdbrd x x x x • load dumpsters 1— roll -off Co- mingle x x 1— roll -off News x Red Cliff 1- 6cy front load Crdbrd x dumpster (every • other week only) ariable hauling schedule. Under this arrangement haulers will be notified when containers are full or nearly full and ready to be collected and this is the arrangement which the parties have agreed to operate under. OR?+''4lh4 J Ai} 1 N , P" • Exhibit B • Eagle County recycle drop -off collection container hauling RFP Submitted by: Vail Honeywagon Matt Donovan September 17, 2010 • Exhibit B (cont'd) • Dear Ron Rasnic and Jesse Matsen September 17, 2010 Thank you for requesting a proposal from Vail Honeywagon to service the collection drop off centers. r Int od ctio lu n. For over 30 years, Vail Honeywagon has had a healthy professional relationship with the Eagle County Landfill. We have grown together both literally and figuratively. This year our relationship has expanded to the recycling environment with the opening of the Eagle County MRF. The MRF has removed the logistical and economically ineffeicent task of transportation of recyclables to market from t om Eagle County recycling operations. Both the County operation (via Waste Management/BFI hauling to Grand Junction) and our operation have benefited from the MRF. Prior to the MRF, we concluded it was not prudent for Vail Honeywagon to seek this contract because of the market fluctuations and transportation logistics. Vail Honeywagon is now ready to get involved with the • drop off collection sites and further support of Eagle County Recyclingrr+II Rates: Roll -off containers The "drop ofr volume at public sites fluctuates day to day. As such, it has been our experience that a fixed schedule as illustrated in the RFP is not the most efficient or practical. The result will be either overfull or under -full containers. The spreadsheet p et below reflects haul frequency for the V January t e ail location from Ja Y nary 2009 thru early November 2009. y This site was closely monitored and service scheduled by Bill Carlson. As you will notice, the frequency is close to weekly for the comingle and paper but not exactly, there are fluctuations. • • 110 Exhibit B (coned) • CARDBOARD COMINGLE HAULS HAULS PAPER HAU S DATE DATE DATE 2009 2009 2009 1 6 -Jan 2 -Jan 2 27 -Jan 6 -Jan 2 -Jan 3 17 -Feb 12 -Jan 6 -Jan 4 19 -Feb 19 -Jan 12 -Jan 5 19 -Feb 26 -Jan 20 -Jan 6 9 -Mar 2 -Feb 26 - Jan 7 - 25 -Mar 9 -Feb 2 -Feb 8 23 -Apr 13 -Feb 9 -Feb 9 14 -May 20 -Feb 13 -Feb 10 5 -Jun 25 -Feb 20 -Feb 11 26 -Jun 2 -Mar 25 -Feb 12 22 -Jul 9 -Mar . 4 -Mar 13 13 -Aug 13 -Mar 13 -Mar 14 27 -Aug 19 -Mar 19 -Mar 15 2 -Oct 26 -Mar 26 -Mar 16 19 -Oct 2 -Apr 2 -Apr 17 9-Apr 10 -Apr 18 15 -Apr 17 -Apr 19 21 -Air 24-A.r • • 20 27 -Apr 21 1 -Ma 22 12 -May 21 -May 23 21 -May 29 -May 24 1 -Jun 9 -Jun 25 • 8 -Jun 17 -Jun 26 16 -Jun 24-Jun 27 22 -Jun 6 -Jul 28 ' 30 -Jun 14 -Jul 29 6 -Jul 21 -Jul 30 14 -Jul 30 -Jul 31 20 -Jul 7-Aug 32 28 -Jul 18 -Aug 33 3 -Aug 24 Aug 34 10 -Aug 31 -Aug 35 18 -Aug 9 -Sep 36 24-Aug 15 -Sep 37 31 -Aug 17-Sep 38 9 -Sep 24 -Sep 39 15 -Sep 5-Oct 40 22 -Sep 16-Oct 41 1 -Oct 28 -Oct 42 9 -Oct 30 -Oct 43 19 -Oct 6 -Nov 44 30 -Oct 411 • • Exhibit B (cont' d) • Haul Rate: $190.00 per container A. No additional fuel surcharges or environmental charges • B. Same day service if called in before noon C. Saturday service if called in on Friday before noon • D. Emergency or "1 forgot" service will be accommodated E. Recommend increasing the comingle containers to 40 yard size and building a catwalk ,similar to Vail site ,this will increase capacity by 25% thus reducing hauling cost by 25% F. Vail Honeywagon will provide one extra container to use as a trade out so the sites are not left vacant while emptying as well as provides operation efficiency Vail Honeywagon can ensure 100% confidence that haul requests will be met. We have additional drivers on site that can always fill scheduling gaps or emergency services. Cardboard Service • A large amount of cardboard is generated at each site. It is important to have containers with good operation lids. Vail Honeywagon suggests cardboard specific lids made by impact lids be used (see web site http: / /www.impactlids.com /container lids /cardboard chute.html ) this should encourage customers to breakdown boxes. A second suggestion would be to investigate why service is needed Friday and then again on Saturday? Are the containers really filling up over night? Options could be either Monday, Thursday, and Saturday service or adding one more container to each site and eliminating a day. If service was reduced, the price would be reduced proportionately. Service Rate: For the services outlined in the RFP (Town of Vail compactor in roll- off pricing) $5475.00 per month A. A $500 per month discount if we can combine these locations with our commercial cardboard route. if volume tracking is the concern we could periodically run the route separate. If contamination is the concern we will work professionally with the County to rectify the situation. B. No fuel or environmental charges Site Maintenance Exhibit B (cont'd) • Vail Honeywagon would be open to investigating the feasibility of our personnel monitoring the roll -off containers and hauling them when full. In addition Vail Honeywagon could provide clean up services at the sites. This would alleviate the County from employing the staff. From a practical point, we will be onsite 4x per week when servicing the cardboard and we pass each of these sites(except Redcliff) on a daily basis with other routes. Qualifications: Vail Honeywagon was established in 1978. We have grown to be the largest solid waste and recycling services provider in Eagle County. Our success is a result of our daily commitment to the community and our customers. We provide a utility that is personalized, responsive and accountable. In addition, we support countless community non - profit organizations, benefits, educational and environmental programs. Our commitment to recycling in Eagle County began over 20 years ago with the start of our curbside residential collection program. What started as a small route that could be completed in about two hours twice per month has grown into a full time position. Vail Honeywagon has been a major supporter and force behind the success of recycling programs in Eagle County. Vail Honeywagon was instrumental in facilitating the installation of the Town of Vail cardboard compactor that has resulted in substantial cost savings over the previous program. The staff profile of Vail Honeywagon starts with our drivers who are professional, and safe. Our local dispatch office is quick to answer any service questions or to schedule a pick up. Our local billing office is always available to answer any accounting questions. All three of these departments provide that service with a smile@ As a "trucking" company, our image to the public is demonstrated thru our people and equipment. As a result we operate clean professional trucks that are maintained to meet all State and Federal regulations. Our fleet size enables us to always have the appropriate units for the work load as well as suitable backup trucks. Vail Honeywagon will demonstrate we are not in default with any other contract, agreements or other third parties References: 1. 8111 Carlson- Environmental Health Officer -Town of Vail -479 -2333- for over 3 years Vail Honeywagon was contracted to service the Town of Vail Recycle site. The contract was awarded because of our ability to provide responsive service and a dedication to keep the site clean. Vail Honeywagon was instrumental in the design, purchase and implementation of a cardboard compactor. The cardboard compactor has saved $20,000.00 per year in hauling fees. 2. Bob Egizi Cordillera- Director of Public Safety - 569 -6261 Vail Honeywagon has serviced the Cordillera Community for almost 10 years, developing a successful recycling program. 3. Jay Brunvand- Town Treasurer or Jim White Town Manager i Exhibit B (cont'd) Town of Minturn- 827 -5645 Vail Honeywagon has a master contract to service Minturn that includes curbside recycling 4. Bill Simmons - Manager of Arrowhead Owners Association - 754 -6905 Vail Honeywagon has service the arrowhead community for almost 10 years, developing a successful recycling and waste program 5. Willy Powell- Eagle Town Manager- 328 -6354- The Town of Eagle, Vail Honeywagon's most recent municipal contract has been a huge success. Our recycling participation rates in Eagle are the highest in the County! What separates Vail Honeywagon from the competition is our dedication to superior service everyday, local dispatch, and a commitment to the local community. Closing: Vail Honeywagon will comply with all the other details detailed in the RFP (signage, container maintenance etc) Additionally Vail Honeywagon will maintain the container at a professional level. We will paint as needed, to reflect the professional image of Vail Honeywagon. We are privileged to have the opportunity to submit a proposal. We encourage you to look past price and examine the vendor for their reputation for service and local community involvement. Please feel free to contact me for any questions. We will do a great job! Respectfully submitt • Matt Donovan Owner Vail Honeywagon v � % t HO NEYWAGo • Rubbish & Recyclin Satisfaction Guaranteed or your trash back! • MATT DONOVAN - Owner Phone (970) 476 -3511 P.O. Box 4330 • Fax (970) 926 -3712 Edwards, CO 81632 • Cell (970) 904-6288 - _ . nealtevailhoneywagon.com www.vai!honeywagon.com ,Family owned since I978 •