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HomeMy WebLinkAboutC13-015 Vail Honeywagon Enterprises Agreement AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND VAIL HONEYWAGON ENTERPRISES, INC. THIS AGREEMENT ( "Agreement "), dated this22day of C- , 2013 is between Eagle County, Colorado, ( "County ") and Vail Honeywa on Enterpr es, 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 overn the relationship between Contractor g p o tractor 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. Eagle County owns and will provide roll -off containers for the collection of co- mingled and newspaper. There are eight (8) open roll -offs; two each for sites in Avon, Eagle, Edwards and Gypsum. The Town of Eagle site includes a 40 yard co- mingle roll -off container, a 40 yard paper roll -off container, and a 40 yard cardboard compactor container. Eagle County will provide the swap containers that are needed for the sites including the Town of Eagle 40 yard containers for co- mingle, paper, and the cardboard. Avon, Edwards, and Gypsum have 30 yard containers for co- mingle and the paper. C. Contractor is responsible for providing cardboard collection containers at the four (4) sites (i.e. Red Cliff, Avon, Edwards, and Gypsum). Each site requires one (1) to seven (7) cardboard containers; these containers are six (6) to eight (8) cubic yard front load dumpsters with lids. Contractor may substitute a different size of front load dumpster other than that specified in the collection frequency schedule; refer to Exhibit A. as long as it meets the required minimum volume of six (6) cubic yards. Dumpsters are required to be in good operable condition with slotted cardboard lids. The number of containers 1 per site will be that which is necessary to fulfill the collection need, but not to exceed 7 per site. Any additional boxes beyond 7 per site will be serviced at $16.00 per pull. Reloads will be at no additional expense to the County. As the County installs cardboard compactors at Gypsum, Edwards, and Avon, the Contractor will adjust the monthly rate as set forth in Section 3 -A . D. Contractor will provide signage for cardboard, commingle and paper roll -off cans at the Avon, Edwards, and Gypsum sites. Signs must be in English and Spanish languages and non - permanent (not fixed to the container). The signs must state the materials that are collected for that container (i.e. commingle: #1, #2, #3, #4, #5, #6, #7 plastics, aluminum cans, tin /steel cans, and glass). Sign information will be given to the Contractor, and magnetic signs are recommended. The hauler may not place any signage on the Eagle County containers unless approved by the Eagle County Solid Waste & Recycling Department. E. Contractor will be responsible for the reasonable maintenance of the 30 cy roll -off cans. This will include painting the containers (tan in color), repairing any rust spots, replacing sliding doors (if broken), and maintenance of rear access doors. Painting shall occur as soon as practically possible and weather permitting. Contractor is responsible for Y p s es p g p repairs on any damaged roll off containers due to driver neglect. F. 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. G. Hauler will be notified when containers are full or nearly full and would be ready to be collected. H. All collected material is required to be hauled to the Eagle County Recycle MRF. There will be no tipping fees assessed to the hauler. I. Container signage will be provided by the Contractor for the Avon, Edwards, and Gypsum drop sites and must include language approved by Eagle County J. Site cleanup will be provided by Eagle County. K. Frontload dumpster(s) related to cardboard recycling will be provided by and maintenance for such dumpsters will be the sole responsibility of the Contractor. L. All collected containers and /or material (co- mingled roll -offs; news roll -offs; cardboard) must be delivered to the Eagle County Recycle MRF no later than 3:00 p.m. on the collection day or when they are called in by 10:00 a.m. by the County. M. The Eagle County Recycle MRF is closed on Saturday, Sunday and certain holidays. N. Additional open -top 30 yard roll -off containers may be placed at the County's request during holiday seasons and will be paid at $170.00 per haul. 2 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. 3. 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: Roll-off Hauling Cost to the County will be $170.00 per haul with no charge to the County for reloads. Cardboard Collection Per Exhibit "A" Fixed Hauling Schedule- $3475.00 per month with no charge to the County for reloads. 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 to Contractor in respect of any period after December 31, 2013 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. 1) • TER -l Gv tw a,TrWt p(,r vL iwti4't - ✓ al p 5 Al v�ee A. The Work will commence upon notification by the Eagle County Solid Paste & Recycling facility to Contractor on or about January 1, 2013. B. This Agreement commences on January 1, 2013 and continues through and including December 31, 2013. This agreement may be renewed annually by mutual agreement to renew between County and Contractor. If renewed, the price will not increase by more than the CPI. 3 • 5. INDEMNIFICATION: The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its is officers, agents and employees a ainst any losses claims, damages or liabilities Y g g y t 9 for which County or any of its officers, agents, or employees ma b Y y g become subject to, insofar as may 1 any such losses, claims, damages or liabilities arise out of, directly or indirectly, from any negligent act or omission or willful misconduct of Contractor or its employees which occurs during its performance or non - performance hereunder. Contractor shall reimburse County for any and all legal and other expenses incurred by County in connection with investigating or defending any such Toss, 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 be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement, both County and the Contractor commit themselves to perform pursuant to these terms contained herein. 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 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 or changed 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 matter 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. 4 F. County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause, upon providing thirty (30) 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 Exhibit A the terms of this Agreement shall control. 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: Ken Whitehead, Solid Waste & Recycling Director 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 (f) Ken.whitehead @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. 5 10. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 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 /qc 11852216781 50.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. 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). 6 . • 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. 7 IN IJ.AJESS REOF, COUNTY and CONTRACTOR have executed this Agreement this 'day of . ATTEST: ry cd.44.4 COUNTY OF EAGLE, STATE OF COLORADO, by and it t through . ts BOARD OF * COU 1 TY ' OMMISS NERS BY:C> ' BY: 4/ ' / Clerk to the Board o County .. ,�; h- irman Commissioners � 1, " ` � Contra tor: VAIL HON ENTERPRISES, INC. BY: M att Donovan, Owner STATE OF CAI ora.do ss. COUNTY OF Os ) The foregoing instrument was acknowledged before me by MO,. 1)0.m, this /o' day of \J , 2013. M co ission expires: L1 A28 44-'0 ``, Notar Public ■ A �• i i � Oi 411.0W Off- = 1%N., ? 8 ti V) x x x vi a) a) . LL x x x x x x o r-+ a) > a) L ,- IH X x x V C O N O — 'G p d as cn X X X X X X X X X a) cz o 2 O cz +. Lii u) N a D a I - a) o W Z > .. = c 0 H 0 O 0 c Ed Z _ 0 2 X x X X X X at = J C C X D as i O W < a) - 2 o 0 w w -a a) - 2 a) - 2 a) - 2 a) a n. 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