HomeMy WebLinkAboutC02-218 Alternative Recyclecoz- z/1? - 63 `e V AGREEMENT BETWEEN COUNTY OF EAGLE, STATE OF COLORADO AND ALTERNATIVE RECYCLE, L.L.C. THIS AGREEMENT is made this — F day of� 2002, by and between the Board of County Commissioners, County of Eagle, State o Colorado, (hereinafter referred to as "Owner"), and Alternative Recycle, L.L.C., (hereinafter referred to as "Contractor"). In consideration of the mutual promises herein, the parties agree as follows: Article 1 - Scope of the Work The Contractor shall famish 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 a volume estimate of the stockpiled material suitable to both parties. 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 will 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. wed 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 - Integration 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 - forty-five (45) days from the first day of arrival (on or about August 15, 2002) of the grinding machine on the work site, i.e., Eagle County Landfill. 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. N%.. v C. Safety considerations - Contractor shall position the grinding machine in such a manner as to maintain a safe distance from waste haulers and debris which may be thrown from the grinding machine. Also, Contractor shall cycle down the grinding machine when waste haulers are present. Further, 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 - $3.50 per cubic yard of pre -ground material. 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. ATTEST: to thevBoard of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Alternative Recycle, L.L.C. By: Kyle L. Ellis ACQRD� CERTIFICI' TE OF LIABILITY INS r 'ANCF,R!� DATE 06/06io2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Linden Company 4100 E . Mississippi Ave, #900 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 80246 Phone:303-756-6700 Fax:303-756-7700 INSURERS AFFORDING COVERAGE INSURED INSURER A Mountain States Insurance Grp INSURER B: Pinnacol Assurance INSURER C: Alternative Recycle, LLC 41091 Madrid Drive Parker CO 80134 INSURER D: INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDfM POLICY EXPIRATIO DATE (MMIDDIM LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLMILITY CLAIMS MADE ❑X OCCUR CPP007712901 06/01/02 06/01/03 EACH OCCURRENCE $1, 0 0 0, 0 0 0 FIRE DAMAGE (Any am fire) $ 10O 000 MED EXP (Any one person) $ 10 , 000 PERSONAL BADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GERL AGGREGATE LIMIT APPLIES PER: POLICY JEC LOC PRODUCTS - COMPIOP AGG $ 2 000 , 00 0 AUTOMOBILE LIABILITY ANYAUTo ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BAP007712901 06/01/02 06/01/03 MBINA (eaccident) GLE LIMIT s1,0001000 X BODILY INJURY (Per pion) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ *GE LIABILITY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESS LIABILITY X OCCUR FICLAIMSMADE DEDUCTIBLE WRETENTION $ 10 0 0 0 UMB007712901 06/01/02 06/01/03 EACH OCCURRENCE $ 1, 000 , OOO AGGREGATE $ i r 000 r QOO $ g $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY4021631 03/01/02 03/01/03 TORY LIMITS ER E.L EACHACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A OTHER Equipment CPP007712901 06/01/02 06/01/03 Scheduled 1000 ded Lsd-rent 300000/1000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Wr 4%Iso 610r%9&- l1V I NVUIIIVM%L-1PIOUKCU;IIY,UKtKLtI1tK: VAIVVGLLAIIvn EAGLECO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -3-Q-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Eagle County Landfill ATTN: Ron Rasnic IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P O BOX 250 REPRESENTATIVES. Eagle CO 81631 A ORJZED RESE %IluI I WACORD CORPORATION 1988 �lw U F IBUTION inalsto: B4. ook Copies to• i. Accounting 2. 3 t 4. =.a