HomeMy WebLinkAboutC97-225 Alternative Recycle LLCC'97 22 5 6 3 AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND ALTERNATIVE RECYCLE, L.L.C. THIS AGREEMENT is made this '�rC.G day of*er , 1997, by and between the Board of County Commissioners, County of Eagf Colorado, (hereinafter referred to as "Owner"), and Alternative Recycle, L.L.C., (hereierred 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 documented weight at Owner's scales at Eagle County Landfill of accumulated material. Article 3 - Cooperation Both parties shall cooperate with one another and coordinate their activities to facilitate their respective duties. Article 4 - General Provisions 1. All work shall be completed in a workman -like manner and in compliance with all applicable laws. 2. Contractor may at its discretion engage subcontractors and in all instances remain responsible for the proper completion of this Agreement. 3. 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. 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 - Assignment 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 - Inte rag tion 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 - from the first day of arrival (on or about August 1, 1997) of the the grinding machine on the work site, i.e., Eagle County Landfill until October 1, 1997. 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. 7 { C. Safety considerations - Contractor shall position the grinding machine, and cycle down the grinding machine when waste haulers are present, in such a manner as to reduce the potential of debris thrown by the grinder. Support equipment [excavator, etc.] shall be positioned and operated in such a manner as to remain a safe distance from haulers and other personnel when present. D. Quantity - all separated wood waste stockpiled and suitable for grinding as stipulated above. E. Price - $4.00 per cubic yard. Converting documented weights of material to volume will be accomplished by periodically weighing cubic yard samples of ground material on owner's scales and averaging the results. 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 OF EAGLE, STATE OF e A� COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS C- OR N9 By: *'Ierkto the Board of Johnette Phillips, Chairlhan County Commissioners Alternative Recycle, L.L.C. By: LINDEN DENVER 3037560124 07/14 '97 13:58 NO.731 02/02 Af:11c:io. CERTIFICA°vc, OF INSURANCE JM f 1067 ISSUEDATC ;MM/DO/YYI n T CERTI ATE IS ISSUE AS AMA OF INFO MAI ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE HE LINDEN COMPANY DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 000 SO. COLORADO BLVD POUCIESBELOW. DENVER CO 80222-7911 COMPANIES AFFORDING COVERAGE c'"'PILNY A MARYLAND INS GRP LETTFH COMPANY CIGNA 8 'HoumaLrrr>=R TERNATIVE RECYCLE, LLC LIMPANY 1091 MADRID DRIVE LETTER C ARKER, CO 80134 COMPANY D I FTTEFI COMPANY E LETTER COVERAGES gg p p �� NDICTHIS ATEQCNOTWI I IRTIFY STANOINO ALNY REQU1HLSMENT TFRM O CONUIII ION OF BEEN II ON OT ER INSURED WII If RLSPECT POLICY O WHICH rHI Is CERTIFIC41L MAY BE ISSUFn OR MAY PERTAIN THF INSU14ANCL AFFORDED BY THF POLICILS DESCRIBED HERFIN IS SUDJCCT TO ALL THE TERMS, FXCLUSIONS AND CONDI I IONS Of SUCH POI ICIFS LIMITS SHOWN MAY HAVE HE LN HLDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER POUCH EFFECTIVE POLICY EXPIPATIDN UMTTs TE IMM/oD/YY) DATE (MM/ODIYY) GENERAL LIABILITY E PA2 81119 9 6\ 1 03/01/97 03/01/98 GENERALAQUALiwr. a 2.000,OOC UMMERCIAL GENERAL UASIL ITY PRODUCTS-COMP/Gr AGG 9 2,000.00 LAIMA MAUI ®OCCUR PERSONAL a AOV INJURY S 1,000,00 OWNERS a CONTRACTOR'S nm r CACH OCCURRENCE 11000,00 FIRE DAMAGE (Any on. RnO 300,00 MEO IAP 4" ors pwwnl 10.0 pi AUTOMOBILE LIABILITY ECA2 81119 8 8 \ 103/01/97 03/01/98 �NED SINGLE T AUTO LIMB a 1,00011 ALL UWNFU ALJ tCIS BODILY INJURY .MEOULEO AUTOS (P.r pardon) BODILY INJURY MHEO AUTOS N -OWNED AUTM (Per Accld"t) GAPAOE LNWLrrf PROPERTY nwww EXCESS UAYIUTY EACH OCCURRENCE _ A00REGATE UMBRELLA CORM OTHER IMAN UMBRELLA FORM BWORKER'S NWCC42306174 3/01/97 3/01/98 STATUTORY LIMITS COMPENSATION FAC" ACCIDENT E 10 0 0 0 AND OISEABE-POLICY LIMIT IS 500800C EISPLOTERS' UASIUTY DISEASE -EACH EMPLOYEE 1111 100.00 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEM/ LL OPERATIONS/ALL LOCATIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY Of TIIE ABOVL DFSCRIBED POLICIES BL CANCEL I FD BEFORE THE EXPIRATION DATE THFnEOF, THE ISSUING COMPANY WILL ENDEAVOR TO EAGLE COUNTY LANDFILL MAR _all_ DAYS WHITTEN NOTICE TO THE CLRI IF KATE HOI DFR NAMED 10 THE ATTN : RON RASN IC LLFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P.O. BOX 250 11AH11 ITY OF ANY K)ND UPON T HF COMPANY. ITS AGENTS OR H"IlIESENTATIVES EAGLE CO 81631 AUTHORIZED REPRESENTATIVE ACORD 2" (7/00) CACORO CORPORATION 7000