HomeMy WebLinkAboutbocc.con.205.2016 7/2015 kjm
tTKIN Pitkin County
CouNT� Contract Cover Sheet
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Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor and Pitkin County
Project Manager.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement help@pitkincounty.com).Any contracts$50,000 and over will be routed for signatures to County Manager
and Attorney's Office(if required)by Procurement&Contracts Manager.
Contract Information
Contract Number 205.2016
Project Name Pitkin County Waste Management
Contractor Waste Management of Colorado,Inc.
Budget Line Item Various
Additional Budget Line Item(s) Click here to enter text.
and special notes to Finance
Contract Start Date 9/15/2016
Contract End Date 9/14/2017
Automatic Renewal Yes ❑ No®
If Construction: Retainage Click here to enter text.
If this is a new contractor, please request they complete and submit to Finance a W-9 Form.
Contact Information:
Department Facilities
Project Manager Carr/Smith Project Manager 5763
Phone
Provide a brief description of the contract:
Contractor shall provide waste management services including single stream recycling to
Courthouse/Jail,Library,HHS,Public Works.
Contract Value Summary:
Contract Amount $30,300.00
This Change order/Amendment amount(if applicable) $
New Contract Total $
Procurement Method:
None ❑ Informal Formal ® Sole Source 0 Emergency 0 Contract Renewal ❑
Contract Type:
Services/Maintenance Construction 0 Goods,Equipment, Supplies ❑
Change Order/Amendment 0 Other,please explain 0 Click here to enter text.
NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE.ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Contract#bocc.con.205.2016
Budget Line Item# Various
COUNT
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CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT FOR PROVISIONS OF SERVICES (the "Agreement") is made and entered
by and between the Pitkin County Board of County Commissioners ("County") and Waste Management
of Colorado, Inc. with a location at 62 County Road 113, Building L Carbondale, CO 81623
(hereinafter"Contractor").
1. Term. The term of this contract is from September 15, 2016 to September 14, 2017. At the
expiration of the initial term, the Contract may be renewed for three (3) additional three one (1) year
terms. Contractor's rates for the services may be adjusted with each renewal term, as agreed upon by
the parties.
2. Contractor's Obligations. Contractor shall provide waste management services to the
following County facilities (the"Facilities), including single stream recycling, which will allow all
users to place all acceptable recyclable materials into one(1) container.
Facility Location Trash Recycle Cost/
Month
Courthouse/Jail 530 E. Main 6YD trash compactor RL, 7x 96 recycle toters, $1,058.00
Street 3x/week l x/week
County Library 120 N. Mill 6x 96 trash toters, 2x/week 4x 96 recycle toters, $641.00
Street 3x/week
Health& Human 405 Castle Creek 4YD trash, 3x week 3x 96 recycle toters $360.00
Services Rd 1 x/week
Public Works 76 Service Center 6YD trash, 3x week 3x 96 recycle toters $466.00
Rd 1 x/week
Waste Materials. County represents and warrants that the materials to be collected under this
Agreement shall be only"Waste Materials" as defined herein. For purposes of this Agreement,
"Waste Materials"means all non-hazardous solid waste and Recyclable Materials generated or
coming to exist at the Facilities. Waste Materials includes Special Waste, such as industrial process
wastes, asbestos-containing material, petroleum contaminated soils, treated/de-characterized wastes,
and demolition debris, but County shall complete a Waste Profile for such Special Waste which has
been approved by Contractor in writing. Recyclable Materials mean the materials described as such
in the attached Exhibit A: Recyclable Materials. Waste Materials specifically excludes, and County
agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile,
corrosive, flammable, explosive, biomedical, infectious, bio hazardous, regulated medical or
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Contract#bocc.con.205.2016
Budget Line Item# Various
hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable,
federal, state or local laws or regulations, or Special Waste not approved in writing by Contractor
(collectively, "Excluded Materials"). Title to and liability for Excluded Materials shall remain with
County at all times. Title to Waste Materials provided by County to Contractor is transferred to
Contractor upon Contractor's receipt or collection unless otherwise provided in this Agreement or
applicable law.
Pavement Damage/ Equipment. Contractor shall not be responsible for damage to County's
pavement or other driving surface due to the weight of the Contractor's vehicles. Any equipment
supplied will remain in Contractor's property. County will be responsible for any loss or damage
resulting from County's use, possession or handling of the equipment, except for normal wear and
tear. County will use the equipment only for its intended purpose and will not overload by weight or
volume, move or alter the equipment and will take reasonable precautions to prevent other from
doing the same. On collection day, County will provide an unobstructed access to the equipment, and
if the equipment is inaccessible or overloaded, County's service will be subject to an additional
change.
Services Guaranty; Customer Termination. If the Company fails to perform the services described
within five business days of its receipt of a written demand from Customer, Customer may terminate
this Agreement with the payment of all monies due through the termination date. If Company
increases the Charges payable by Customer hereunder for reasons other than as set forth in Section 4
below, Customer shall have the right to terminate this Agreement by written notice to the Company
no later than thirty(30) days after Company notifies Customer of such increase in Charges in
writing. If Customer so notifies Company of its termination of this Agreement, such termination
shall be of no force and effect if Company withdraws or removes such increase within fifteen (15)
days after Customer provides timely notification of termination. Absent such termination, the
increased Charges shall be binding and enforceable against Customer under this Agreement for the
remaining Term. Notwithstanding the above, Contractor shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the contract by the
Contractor.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2.
It is expressly understood and agreed that in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of thirty thousand three hundred dollars ($30,300.00)
annually for services rendered. By contract or amendment, the County and Contractor may reallocate
the budget among project tasks if the total budget amount remains unchanged. Contractor shall
invoice for the project monthly based on hours worked, with payment expected within thirty(30) days
of invoice, but any payment by the County may be offset by any amount the Contractor owes the
County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents in the course of its
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Contract#bocc.con.205.20I6
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marketing, professional presentations, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
5. Pitkin County's Obligations. Pitkin County shall administer this contract through a County
Representative. Glenn Carr, Facilities Supervisor will manage the project as the County's
Representative. The services provided and products delivered by the Contractor under this contract
will be subject to review by the County's Representatives, or a designee, for compliance with
Contractor's obligations prior to final payment.
6. Termination Prior to Expiration of Contract Term. Not Used
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between them contemplated by
the contract is that of independent contractor. Contractor, and any agent, employee, or servant of
Contractor shall not be deemed to be an employee, agent, or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under this
contract. Contractor may choose to work for other individuals or entities during the term of this
contract, provided that the basic services and deliverable products required under this contract are
submitted in the manner and on the schedule defined under this contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations under this
contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state, FICA and other income taxes.
8 Assignability. This contract is not assignable by either party. Any use of subcontractors by
the Contractor for performance of this contract must be accepted in writing by the County.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject to binding
arbitration. The parties agree that any disputes concerning the terms and conditions of this contract
shall be submitted and finally settled by arbitration. Arbitration shall be conducted pursuant to the
rules of the American Arbitration Association and shall be presided over by the Pitkin County
Hearing Officer appointed to arbitrate Pitkin County contract disputes. Costs of the arbitration shall
be awarded to the substantially prevailing party.
10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
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11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project„ hereinafter referred to as indemnitee, from all
suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature (collectively, "Claims") arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. It is agreed that the Contractor will be responsible
for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed
by the Contractor for the County. Contractor's obligations in this section shall not apply to the extent
Claims are caused by the County or any third party.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are satisfied,
insurance against claims for injury to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives,
employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no way limit
the indemnity covenants contained in this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess
its own risks and if it deems appropriate and/or prudent, maintain higher Iimits and/or broader
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Contract#bocc.con.205.2016
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coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to
the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration,
or types.
A. Coverage and Limits of Insurance. Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy may be used to
meet the minimum liability requirements provided that the coverage is written on a"following form"
basis.
1. Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act., AND when such
contractor or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2. Commercial General Liability— ISO 1CG 0001 form or equivalent.
(With County named as an additional insured)
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments (Any One Person) S 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal /Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract(including defense costs assumed under
contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503 (1997
Edition or equivalent)
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Contract#bocc.con.205.20I6
Budget Line Item# Various
• Additional Insured Owners, Lessees or Contractors Endorsement, ISO Form 2010
(2004 Edition or equivalent)
• Additional Insured----Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language on
the Additional Insured Endorsements specified above: "County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional insured with
respect to liability and defense of suits arising out of the activities performed by, or on
behalf of the Contractor, including completed operations".
3. Auto Liability: Bodily injury and property damage for any owned, hired, and
non-owned vehicles used in the performance of this Contract.
Minimum Limits:
Bodily Injury/Property Damage(Each Accident) $ 1,000,000
4. Special Coverages (check as appropriate and insert amount):
0(1) Performance Bond
n(2) Professional Errors and Omissions
0(3)Aircraft Liability
❑(4)Owner's Protective
n(5)Builder's Risk
0(6)Boiler and Machinery
n(7) Loss of Use Insurance
0(8) Pollution Liability
0(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. Each insurance policy required by the insurance provisions of this Contract
shall provide the required coverage and shall not be suspended, voided or canceled except
after thirty(30) days prior written notice has been given to the County, except when
cancellation is for non-payment of premium, then ten (10) days prior notice may be given.
Such notice shall be sent directly to (County Representative's Name& Address). If the
insurance carrier will not provide the required notice, the Consultant/Contractor and or its
insurance broker shall notify the County of any cancellation, or reduction in coverage or
limits of any insurance within seven (7) days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file with the
Procurement Officer a certified statement as to claims pending against the required coverages,
reserves established on account of such claims, defense costs expended and amounts remaining
on policy limits.
2. In addition, these Certificates of Insurance shall contain the following clauses:
a. The contractor's insurance shall be primary and non-contributory with
any insurance or self insurance purchased by the County.
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Contract#bocc.con.205.2016
Budget Line Item# Various
b. The first named insured shown on the policy declarations page (the
Contractor) shall be responsible for premium payments.
c. Any and aII deductibles or self insured retentions in the above-described
insurance policies shall be assumed by and be for the amount of, and at the sole expense
of the Contractor.
d. Location of operation shall be all operations of Contractor and location
at which Contractor is performing services for the referenced Project.
3. Certificates of Insurance for all renewal policies shall be delivered to the
County's Representative at least ten (10) days prior to a policy's expiration date except for any
policy expiring on the expiration date of this contract or thereafter.
4. The County reserves the right to request and receive a copy of any policy and
any policy endorsement at any time during the term of this contract.
14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating to this contract for a period of three (3) years after
final payment under the contract and the County shall have the right within the three (3) year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be
entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to
time amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
Contract#bocc.con.205.2016
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19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
herein. No provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or(3) within three (3) days of being sent certified first
class mail, postage prepaid, return receipt requested addressed as follows:
A. To Pitkin County with copies to:
Glenn Carr Pitkin County Attorney's Office
485 Rio Grande Place 530 E. Main Street, #302
Aspen, Colorado 81611 Aspen, Colorado 81611
Ph: 970-309-1578 Fax: (970) 920-5198
B. To Contractor:
Courtney Herring
62 County Rd 113, Building L
Carbondale, CO 81623
Ph: 970-765-6930
cherring@wm.com
wm.com
21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract, through participation in the E-Verify Program
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Contract#bocc.con.205.2016
Budget Line Item# Various
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq., the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he
or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
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Contract#bocc.con.205.2016
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IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: WASTE MANAGEMENT OF COLORADO, INC.
By: (20u,trk.t �Ia1.,u
Title/01<vi:11)" S Girt•tko.,
Date evitg/4
PITKIN COUNTY, COLORADO:
podi Soda, 7autitied sit
BY: 09/14/2016 12;0415 PM
Authorized Signer Date
COUNTY ATTORNEY:
V/6"// '
By:
Date
10
Contract#bocc.con.205.20 16
Budget Line Item# Various
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