HomeMy WebLinkAboutbocc.con.187.2017 al Chin Pitkin County
VI Contract Cover Sheet
Please complete the Contract Cover Sheet when the contract is completed and signed by Contractor/Vendor and Pitkin
County Representative.
Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement
(procurement helphiritkiricounh coni) Any contracts$50,000 and over will he routed for signatures to County Manager
and Attorney's Office (if required) by Procurement
Contract Information
Contract Number 187 2017 _
Project Name Tire Shredding for Use as Alternative Daily Landfill Cover
Contractor Overton Recycling
Budget Line Item 416.64 00000.82013 $
Additional Budget Line $
Item(s)
(Please fully allocate New -- $
Contract Total) $
Contract Start Date 6/12/2017 _
Contract End Date 6/11/2018 _
Automatic Renewal Yes ® NoD _
If Construction: Retainage Yes $ or NoC9 _
If this is a new contractor,please request they complete and submit to Finance a New Vendor Request Form.
Contact Information:
Department Solid Waste Center
Project Manager Cathy Hall Project Manager (970)429-_2882
Phone
Provide a brief description of the contract:
Off-site tire shredding and return for alternative dad) covei
Contract Value Summary:
Original Contract Amount _ _ $ 1.5,000.00
Previous Change Order/Amendment Amount Of applicable) $ 0.00
This Change order/Amendment amount(if apphcablel _ _ $0.00
New Contract Total $ 15,000.00
Procurement Method:
None D Intbrmal❑ Formal E Sole Source D Emergency D
Contract Type:
Senices/Maintenance 0 Construction E Goods, Equipment, Supplies ❑
Change Order/Amendment ❑ Contract Renewal ❑ Other, please explain ❑ Click here to enter text
NOTE: CLERKS OPFICh. WILL KEEP ORIGINAL DOCUMLN IS IN COMPLIANCE WI I'H COI ORADO S FATE
ARCHIVES RETAINAGE SCHEINII E. All ATTACHMENTS MUST BE WITH THIS CHECKLIST.
Coe[r act Y ia7 2017
fru:£et t r e it rn v zip r Oute.,G"2015
;
PITXIN COUNTY CONTRACT FOR PROVISION OF SERVICES
TIRE SHREDDING FOR USE AS ALTERNATIVE DAILY LANDFILL COVER
THIS CONTRACT, made June 8, 2017 by and between the Board of County
Commusionen of Pnkm County, Colorado. 123 Emma Rd, Suite #106, Basalt, CO SI 621.
(hereinafter tailed the "County") and Ovetlon Recycling, 1312 Sage Ridge Road, Meeker, CO
SI 641 (hereinafter called the"Contractor")to perform the following work-Tire Shreddm¢for Use
as Alternative Daily Landfill Cover("Project")
L Tint of Contract.The term of this contract is from June 12,2017 to June I I,2018 At
the expratton of the initial term,the conuact may be extended for three{3)additional
tens of one(I)year by the express written consent of both parties
❑. Contractor's Obhgaoons Contractor shall provide equipment and labor to haul off
tires properly shred at a facility approved by the state Contractor shall return shredded
Ines capable of being utilized as altematise daily cover, in the amount of double the
weight of the hues removed from the County Solid Waste Center("SWC") Contractor
shall charge two hundred dollars (S200.00) per ton hauled away from the SWC
Contractor is to share a copy of the manifests with the SWC for all hauled materials
In the event that the Contractor is no longer approved as a State registered tire hauler
and processor,Contractor shall notify, in writing, the County within ten(101 calendar
days of the change.
III. Compensation and Expenses,tmoicing Pa~.ment and Offset The County shall
compensate Contractor for its services in accordance with the Project Budget and
Schedule set out in Paragraph II, it is expressly understood and Tamed that in no event
will the total compensation aad aetmburscment to be paid hereunder exceed the sum of
fifteen thousand dollars and zero cents (S15,400.00) for all 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 pioject monthly based on hours worked, with payment expected within darty
(30) days of invoice Any payment by the County may be offset by any amount the
Contractor owes the County for any reason
IV, County's Exclusive Ownership of f ork. Product Drawings, spectficattons.
guidelines and other documents prepared by Contractor in connection sc ah this central.'
i
CoM.dc h le' 2017 %...
budget Line item N 415 64 00000 x2013
gbh::b:the proper) t.oumy. Hoae'er,Contractor shall hast the kilt io e:dac
such documents in the course of ilk marketing,professional presentations,and for other
business purlmse4. Contractor a>igns to County the copyrights to nil work prepared
deseloped,or created pursuant to this contract. including the right tr1 I)rept oduee the
wo-k; _) prepare daeivc:te war}.s. 3t dt>tnbute eepies to the panic: eli perform gm
works publicly; and 51 to display the work publicly. Contractor shall haws right to use
matenals produced in the comae of Ons contract for marketing purposes and
pl ofessionnl presentations. articles,speeches and other business purposes
V. Priam County's Obligations Pitkin County shall administer this contract through
a County Represen'ativc.Cathy Hall,Solid Waste Manager will manage the project es
the County's Representative In the event that Cathy Hall is not available, an alarm:Ite
person will he identified and shall assume the County Representatne's duties The
services provided and products delivered by the Contractor under this contract will be
subject to review by the County's Representatives,ora designee. for compliance tush
Cot,traeior's obligations pnor to final payment.
VI, terninaron Priortn,6vni:,{Croa of Cont ct Tenn. The County has the reit to
terminate this contract,with or without cause,by giving!written notice to the Contractor
et seal.termination and specifying the cttectiae date thereof Such notice shall be given
at least ten (10) days before the effective date of such termination In such event all
lnished or unfinished documents,data,studies and reports prepared by the Contractor
pursuant to this contract shall become the County's property Contractnr shall be
entitled to receive compensation in accordance with the contra:` for any satisfi.etcry
work completed pursuant to the terms of this contract prior to the date of termination
Notwithstanding the above,Con's-actor shall not be relieved of liability to Mc County
for damages sustained by the County by virtue of any hreaah of clic contmet by the
Contractor
VII Independent Contractor Sat IL-.
A. The parties to this contract intend that the relationship between them contemplated
by the conuac[ is that of independent contractor. CsMtraelur, and any agent,
.n rroieet f>r Setvanl4u;,uaytvi 511A1i HVS GS ACM Vu IN till UBfiAyCC,
l'Eth1n wu„rr.
r1 t.•„ .mini is not rt-cluuca to otic, tui SsrY{445 vt14iY5It"41) 'tw i'I10ili WtlCii iY GOdtii
tm:..U1tu4.1 C onlractol may cnuoac w wvth lvr vW i dial lUYYIa UI Grl{Illca{)411118
the urn: of fins trnura , i rw picu that the lase SCI'044 ttitU Acnt OaVic prcl3aQU
ray'II red under this tw anti t ,tri StaillILLWOm uw manner u:1J vu rile 5vhcuula
dcfumd ur.Sa Mtn conttdit,
t. concracwt wuuaum that all wink prvJuccU will Wllfvllll Iv all appllcadly ulduiiiy
,iavdarC al cure,skint 1utJ d:hncocc to etc pertornlance of Coltifitctii:'a ubin idiena
mulct tins eontrnet
Coed,etle 1E7201;
flvn,w a}ryi/pD:]iym
Budget line 1 :rn p 43b W ooatro 8207(
I) Contractor shall not attempt to Oversee or supervise the work a: actions of any
Pitkm County employee,servant or agent m the course of completing work under
this contract
L Contractor is no: entitled to an} Workers' Competasano,a benefits Crruueh l'iti:in
County and is responsible fur puymcnt of any federal,state,FICA and Other income
rases.
VIII
Assignability This contract is nut assignable by either party. Any ust. of
subcontractors by the Contractor for performance of this contract must be ucagned in
ta citing by the County.
IX. Sew:rabilnv. In the event that airy provision of this contract shall be held to be invalid
or urenfoccable, the remaining provisions of this contract shall remain valid and
binding upon the parties hereto
X Integration and Modification
A Trus contra represents the enaiie and integrated contract between the County and
the C'ontractol and supersedes all prior negotiations, representations, or contract.
either written or oral.This contract may be amendedonly-by wrin ncontracts:gtcc
by both the County and the Contractor,
L3 The County may. from tone to urn;request changes in the scope of servi.es of the
Contractor to be performed hereunder. Such changes, including the increase or
decrease in the amount of the Contractor's compensation, which ale ramuJtly
agreed upon between the County and the Contractor, shall he in writing acid upon
execution shall become pan of this contract.
XI. Indemnity
A. The Contractor agrees to indemnify,hold harmless and,nut excluding the County's
right to participate, defend the County, us subsidiary, parent, associated andlor
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 ail suits and
claims, including attorney's fes and cost of litigation, actions, loss, daniaze,
expense,cost o.-alarms of any character or any nature arising or:;ef the work done
in fu I fillment of the.emu of this Contract or on account of any act,claim or amount
arising or recovered under warners compensation law or arising CLI of the fai.ure
of the Contractor to conform to any statutes, ordinances, t egulation, law or court
deuce. It is agreed that the Con:ractor will he responsible fur primary lass
int e'tigation,defense and judgment costs who e this el:umda of indemnity applies
In consideration of the award of this canoes, the Contractor agrees nx wars: all
rights of subrogation agwnst ale County its subsidiary, parent, associated and/ni
affiliated coulees, succes,un,or assigns. Its elected officials, t;tares. employees.
3
&rd+.g air Iipm k 416 6 4.001100 F1013
agents,and aoiuntee.s Iur losses casing from the work performed by the Contractor
for the County.
B. TIM Conttelor lnrther a11ddl investigate. process. respond In. adjust preside
defense for and defend,pay or settle all claims.demands,or lawsuits related hereto
at its sole expense and shall hear all other costa and expenses related thereto,even
If the Chilli, demand or lawsuit is groundless, false or fraudulent
)ill. Insurance Contractor and subcontractors shall procure and maintain until all of their
obligations have Wen discharged, including any warranty periods under this Contract,
0.!e Sfl Il511ed,II15n7710Ce against CI31n15 for injury to persons or damage to propant w Inch
:::ay awe fruni orn connection wtta he periormanee of the work kerennder by the
Contractor. Its agents, representatives. employees or subcontractors
The insurance requirements herein are minimum requirements for this Contract and in
no way loan' the tndemmty covenants contained in this Contract The potterer shall
include, or be endnrsed to include, the following provision' On insurance policies
where the County is named as an additional insured.the County shall be an additional
Insured to the full limits of liability purchased by the Contractor even if du,.sc limits of
liability are In excess of those required by this Contract.
the County in no way warrants that the minimum limits contained herein are sufficient
t0 protect the Contractor from liabilities that might arise out of the performance of the
work under las Contract by the Contractor,its agents.representatives,employees,o:
subcontractors. The Contractor shall assess its own risks and if it deems appropriate
endlor prudent,maintain higher limits and/or broader coverages The Contractor is nut
relieved of any liabihny 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 Commercial General Liability Completed Operations cooerage must be kept in
effect for up to three(3)years after completion of the project.
A Ce erage and Limits of Insurance, Contractor shall provide coverage with limits
oil iability requirements provided that the coverage is written on n"following form"
1. ...u,.1„11 .,.v .gry.lo .,Min ....v..... N,„.. antic.,.iiia n..
,nail.,, A.,1.. .,.l..lV.,.L..,,
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h I n t I I l)N I I
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Idi 2n17
5.jdart lmc It rr p 416 La 00X0 F7vi
Cuven ,e B I Ln,ployen Liability) S 500,000
s 500,ll0O
$ 500,000
2) Comaerua1 General Liability—ISO ICG 0001 form or equivalent
drab iib Comm mored as an additional invited)
6Ummmum Limits
General.Astncpeee $ 2.000,11'1:
I'I oducts/Completcd Operations Agymgate S 2,000 000
Each Occurrence Limit S 1,000,0!{1
Personal'Advenising Injury $ 1000,000
Fire Damage(Any One Fire) 5 50,000
Medical Payments(Any One Person) $ 5,000
Coverage to include
• Premises and Operation.
• Explosions.Collapse and Underground Hazards
• Personal 'Advertising Injury
• Products I Completed Operauona
• Liability assumed under n Insured Contract(including defense costs assumed under
contract)
• Independent Contractors
• Additional Insured--Owncrs.Lessees of Contractors Endorsement,ISO Form 2010
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endotsemeuts specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, oI aysigun, us elected
of rials,trustees,employees,agents,and volunteers named as an additional in cured
with respect to liability and defense of suits arising out of the activities performed
by.or on behalf of the Contractor,including completed operations".
31 Auto Liability Bodily injury and property damage for any owned,
hired and nor.-owned vehtctes used in the perfonnanne of this Contact
Minimum Limns. Statutory
Coverage Buddy/Property Damage(Each Accident) $ 1,000,000
41 Special Coverages(car<C as app opt ion and inset!aruntittO
a 11 Performance Bond S_
h. 0 Professional Frroa and Omissions
c n. Arcra'.t l zbd¢y
5
Cnn azrN l0.J 2017
.v-.,, ne ;marflm,a
audget brae is ery II 416 61 00000 82013
d U Owner's Protecme
c U Builder's Risk
I' ❑Boiler and Machinery
g C7 1 oas of Use Insurance
h 0 Pollution Liability
I ❑ Crime, Including Employee Dishonesty' Coverage. or Fidelity
Bond
B Proof of Insurance
I) Each insurance policy required by the insurance pros mons of this
Contract shall provide Mc required coverage and shall not he suspended,
voided or canceled except after thirty(30)days pnor wntten notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days pnor notice may be given Such notice shall
be emailed directly to Procurement Heln'aoitkincountvtom If the
Insurance carrier will not provide the required notice. the
ConsultantiContractor and or its insurance broker shall notify the County of
any cancellation,or reduction in coverage or limits of any Insurance within
seven (71 days of receipt of insurers' notification to that effect.
Simultaneously with the Certificates of Insurance, the Contractor shall file
with the Project Lead 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
21 In addition,these Certificates of Insurance shall contain the following
clauses:
a The contractor's insurance shall be primary and non-contnbulory with
any insurance or self-insurance purchased by the County
b The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pekin for payment of any
premiums or for assessments under any form of policy
c Any and all deductibles or self-insured retentions in the ahove-
Ueacnb U in umnce pallcics Dan he asyumcU by and he Int the
ilnllllInl01 'In11 11101P 101P clpcntc 0I IOG Lun111010F
l
[Of 7nonsuaOnt:nrlIf[flflnnrdlttaligt
Una fllf IOP rFIPIPI!IFll MPH Ir OPII10 U0110
)) [ tan Iricw of 1114UIiIICI! f11f an ren0[['al pfhflPC kali OP O±IIUfp0 .0
lilt. Uuuro a itcprocntmivcc al Icalt Ilfrcn (la) No prior 111 a p011C1'I
Lawman dn!c C1CLp[ lar afY p011r1'ciplfml!0r Inn CIF awn dare 0f am
Contra[[01111Cruancf.
-II I he County rcvrveS Ne neral to requeal dnU recclvc a cony of any
policy dud any poi icy en0urxetnent at any Um during the icon of this contract
6
Cor000114157.2017 Pemeen OJllRCZ7 -
dJddet'.ihe 10,m k 416 04.00400 87013
XIII. Exemption and Preferences AU purchases of eons:ruction or building or any other
materials for this contract shall not include Federal Excise Taxes or Colorado State or
meal sales or use taxes Pitkin County is exempt from such taxes wider ieg:snatmn
numbers 9S-02624 and 84-7X000-5k.
XIV Records. The Contractor shall maintain comprehensive, complete arid accurate
books,records,and documents concerning its pertorrrtancc relating to this contract for
a period of three (7)yeats alter 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 pros isions of the contract and applicable law
XV Contract Made in Co;orado The parties agree ihut 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.
XVI. 4, uotnev's Feer In the dear that legal action is necessary to enforce any of the
provisions of tins contract,the substantially prevailing party shall he entitled to as costs
and reasonable attorney's fees.
XVII- Governmental Immunity Contractor agrees and understands that Pitkin County is
relying on and dues not wane, by any provision of this contract, the monetary
limitations or teens (presently $150,000 per person and $600,000 per occurrence or
any other rights, immunities,and protections provided by the Colorado Governmental
Immunity Act,24.104 01,et seq.,C.R.S,as from time to time amended,or othervi iso
available to Pickin 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 h) the County for any injury to any person or any properly damage
whaison cr which b caused by the negligence or other misconduct of the County or its
agent or employees
XVIII. Current Veal Obiieatious,The patties acknowledge and agree that any payments
provided fat hereunder ci requirements for future appropriations shall constitute cnly
currently budgeted expenditures of ritknt County. Pitkin County's obligations i.nde:
this contract are subject to Pukin 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 creatine 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 Mtn
County to make ,my payments he)ond those appoint laical for Pitkin Counts's then
7
Contract a 167 2017 n
Budget Line Item#416 64 001/3022011
current fiscal year.No pt ovisions of this contract shall be construed to pledge or create
a lien on any class or 5ourne of Putin County's moneys,nor shall any provision of this
contract restrict the future ssuence o f Pitkin County's bonds or any obligations payable
from any class or source of Pitkin County's money.
XLX. Notice Any notice required or permitted under this Agreement shall he in writing
and shall be hand-delis erred or sent by registered or certified regular mall,postage pre-
paid and via e-mail (electronic delivery) to the mailing and e-mail addresses set forth
below Each party by notice sent under this paragraph may change the address to which
future notices should be sent Electronic delivery of notices shall be considered
delivered upon receipt of continuation of delivery on the part of the sender
To Pitkin County with copses to
Cathy Hall Pitkin County Attorney's Office
076 Service Center Road 123 Emma Rd, Suite#204
Aspen, CO 81611 Basalt,Colorado 81621
Email. Cathy HallOtPitkinCounty cam Email .Attomeyr@pitkincounty cora
To Contractor:
Cher-ton Recycling
1312 Sage Ridge Road
Meeker,CO 81 61 1
Phone: (970)633-8219
Email lec'overtonrecychng net
XX Public Contracts for Services and Public Contracts with Natural Persons In
conformance with the provisions of CR S §§ 8-17.5-101, et seq.. as amended and
C R.S sss
s 24-76.5-101, et w9 , as amended
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101,et seq. C.R.S.
(Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fend management serrire3, sponsored projects.
u forgo enial agreements,. 'Sr<v h rw anon tecI.n Iagy errs sae or pradr¢en and
rontnetorrtihe ..d . _ Lt. •I<. . khett.hthie ern
or tn.et w,th a iteeal .ale ttd.< w;ll nrr! n or ander d.ls bo,d,act
..a ,ll
norm the MNBleyhladt ahpikildy eF alt entnln.eac who are newlyhire.l iny
employment in the Holiest Stntei to perform work under this ['tenet through
participation In the C•Venfy Prosram established under Pub I I04-KIS or the Stale
vcnhculun program csraullshcri pursuant to 0.17.59OZ(S)(c), C.R.S., Contractor
sham nor knowingly cnnpluv yr ctauract with un Illegal alien tin per[Olm'Ault under ting
Contract or enter into a conuact with a Subcontractor that Gids to certify to Cornraetur
that the subcontractor shall not knowingly rnrptoy or const act with an illegal when to
perfuuu stork under ruin Contract Contractor (i) ehall not use 6-Verify Program or
State program procedures to undertake pea-emptovnrent screening of job applicants
v brie this Contract is being perfunned, (ii) shall notify the Subcontractor and the
8
Lauer:k 187,2e17 FAn,41. 02)13 2 17t,n
Budget Lire nem k 4U 6400O00 2C)3
contracting Stale agency wtthin 3 days it Cnntractoi has actual knowledge that a
Subcontractor is employing or contracting with an illegal alien for work under this
Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the Illegal alien within 3 days of receiving the notice.
and(iv)start comply each teasanable requests made in the course of an investigation,
undertaken pursuant to §8-17 5-10,215) CATS,. by the Colorado Department of Labor
and Employment. It Connector participates in the State program, Contractor shall
deliver to the contracting State agency, Institution of Higher Education or political
subdivision. a written. notarized affirmation, affirming that Contractor ha examined
the legal wmk status of such employee, and shall comply with all of the oilier
requirements of the State program. If Contractor fads !o comply with any requirement
of this provision or §§8-I7.5-1f1 et soq, C.R.S , the contracting Stale agency,
institution of higher education or political subdivision may terminate this Contract for
breach and,;f so terminated,Centmctar shall be liable for damages,
B. PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76,5.101,et seq.,
C.R.S.
Contractor, if a neutral person I8 years of age or older,hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the
United States pursuant to federal law, (ti) shall comply with the provisions of 024-
7h 5-101 et seq.,C.R.S ,and(iii) has produced one form of identifcuuen required by
§24-76 5-103,C.R.S. pool to the Effective Date of this Contract
9
Catract#IS>2917 ar.,xo.O:h3RC1zla
Budget Line Item4 416 64,00000 82013
IN WITNESS is HliREOF.di parties have executed this Chntract a>of the duty first scl out herein
above
Over n Recycling
11)
St_ Lure it
,-/SLC— Cliff _
Punted Name Title
MEIN COINI Y,COLORADO
RE ). MENDED FOR rAPPRO Ai.' ^�— y,
Cathy Hall LLi/Y—'7 /�.�/�j Date T� Z.)// T
10