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Home My WebLink Aboutbocc.con.124.2005 02/20/Ol1jj CLERK'S CHECK LIST FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING Originating DepartmenUDivision: Public Works - Solid Waste Center Contact Person: Justina Potter Phone #: 923-3487 Project Name MRF Waste Not Recycling 2005 CONT10CT #: 124- ;'O!)$ .:f.NDexeD 1141 ~()o?::> D BOCC AGENDA ITEM (HOeC signature required) [gJSTAFF AUTHORIZED SIGNATURE (per Revised Procurement Code 7/2005) Check procurement type: DNone DInformal [;gJFormal DSole Source DEmer~ency DState Bid D Check Contract Tvpe: Dollar Amount: SKevel\u€.. Budget Line ItemlLedgcr Number 416.65.0.63015 [;gJ Services/Maintenance DLicense/Use DLease DConstruction DGoods, Equipment, Supplies DOther DEmployment (for county employees) Dlntergovemmental Agreement (Requires BOCC Action) DNon-Profit DQuasi-Public DOrant Agreements (Requires BOCC Action) DChange Order/Contract Amendment Contractor/Business (Complete Name): 'A.:(\:S-l( . {\(rl Ke' (if.. 'I. n fJ. Contract Execution Date:March 20,2006 Contract End Date: March 20, 2009 Automatic Renewal (yDN[;gJ) Term of Contract:_ year(s) 3 All Contracts should be proofed for the following: [;gJNo Pages Missing [gjIf a Page is Left Intentionally Blank -Note on Page [gjPage numbered consecutively [gjAll Signatures Affixed [gjAll Dates Filled In [gjAll Other Blanks Filled In [gjAll Exhibits Attached DAll Legal Descriptions Attached (ifappropnate) DNotice of Award/Proceed Attached (if appropriate) CONTRACT # /;! tj - ;(() os- DSpecial Instructions for Finance Department: [gJSent to Clerk and Recorder for Scanning/Archiving [gJAuthorized Staff Person's Name: Justina C, Potter BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. \ . CONTRACT #I / l. Lj ~ ;2 000' H.t'. lIl/HillS dq CONTRACT FOR PROVISION OF SERVICES Contract # j 24 - 2 OOS Ledger#~ I b ,t,~- .pr. b3o/~- THIS CONTRACT is made and entered by and between the Pitkin County Board of County Commissioners ("County") and Earth Enterprises, Inc dba Waste-Not Recycling, 1065 Poplar Street Loveland, CO 80537 (hereinafter "Contractor"). 1. Term. The term of this contract is from March 20th, 2006 to March 20th, 2009. At the expiration of the initial term, the contract may be extended for an additional term of two years by the express written consent of both parties. 2. Contractor's Obligations. Contractor shall provide services for the buying, brokering and transportation of phone books, plastic bags, boxed magazines, miscellaneous fiber, carpet pad and co-mingle (tin, aluminum, #1 & #2 plastics and mixed glass). A.) Contractor shall provide for the transportation of recyclables via open-top, live bottom, flat-bed or any other trailers and shall be responsible for covering and securing load, then shipping to market. 8.) Contractor shall provide payment and a montWy summary of quantities by commodities by the 20th of the following month. Contractor shall compensate County in accord with its proposal. C.) Contractor shall ensure the commodities are always recycled and never landfill ed, buried or stored for the purpose of waiting for the prices paid for the commodities to rise (speculative accumulation). Contractor must provide quarterly reports to the SWC describing contamination levels and final disposition of recovered material. The reports must be received by the 20th of the month following the beginning of each quarter. D.) Contractor shall haul material on such a schedule that the stockpiles of recovered materials (baled or bulk) at MRF never reach a limit of 32 bales of commodities and 300 cubic yards co-mingled containers (plastics, tin aluminum and glass). Ifrecyclable stockpiles 1 Jt- reach the negotiated limit, contractor will have 72 hours, from time of notification of reaching said limit, to remove the material. E.) Contractor shall supply storage trailers suitable for temporary storage for the mixed commodities (phone books, plastic bags, carpet pad, boxed magazines, miscellaneous fiber, etc) and co-mingle upon the County's request at the SWC for loading of commodities until trailer is full (due to storage issues at SWC). The County will make a verbal request when they have a truckload ready. F.) Contractor shall remove storage trailers (temporary storage of commodities) for transportation within 72 hours of request by the County, and must be replaced with empty trailer at that time. G.) Contractor must meet the requirements in part C, D, and E in the Contractors Obligations of this contract or pay a fee equal to the amount charged by another hauling company who will be hired to complete the work. H.) Contractor shall provide services during regular SWC hours of operation: Monday - Friday 7:30 am - 3:30 pm 1.) Contractor shall provide all personnel, trucks, equipment, containers, trailers for loading short term storage and services including but not limited to: a. Trailers l various types) b. Gaylords c. Pallets d. Roll-off containers e. Trucks, equipment, etc. f. Schedule for pickups g. Budget reviews h. Payment requests J.) The County shall provide all personnel and equipment necessary for loading commodities on or into provided trailers. 3. Compensation and Expenses, Invoicing, Pavment 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 ofl$_N/A see obligations) 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 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 2 1; County. However, Contractor shall have the right to utilize such documents in the course of its 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: I) 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. Justina Potter will manage the project as the County's Representative. In the event that Justina Potter is not available, Brian Allen shall assume the County Representative's duties. 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. The County has the right to terminate this contract, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be given at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall be entitled to receive compensation in accordance with the contract for any satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Not withstanding 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. 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. 3 ~ 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 ofthis contract shall be held to be invalid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto 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. The Contractor (including, by definition here and hereinafter, its officials, employees, agents and representatives, subcontractors and suppliers), shall and hereby does release, discharge, indemnify and hold harmless the County of Pitkin and its officials, employees, agents and representatives from and against liability for any claim, demand, loss, damages, penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including reasonable attorney and expert witness fees) or compensation in any form or kind whatsoever for any bodily injury, death, personal injury or property damage arising out of or in connection with any negligent act, intentional act, error or omission by the Contractor, and for any consequential liability alleged to accrue against the County on account of the Contractor's acts, errors or omissions; provided, however, that such indemnity shall not be construed as an indemnity for bodily injury or property damage arising from the sole negligence of the County or its employees. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, payor 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 fraudu- lent. 13. Insurance. A. In whole or in part, the Contractor shall secure and maintain for the term of its contractual relationship with the County such insurance policies, from companies licensed in the State of Colorado, as will protect itself, the County and others as specified, from claims for bodily injuries, death, personal injury or property damage, which may arise out of or result from the Contractor's acts, errors or omissions. The following insurance coverage, at or above the limits indicated and including such endorsement~ as are indicated by an "X", are required: 4 5 I. Statutory Workers' Compensation: Colorado statutory minimums 2. Commercial General Liability -ISO 1998 Form or equivalent (With County named additional insured) Each Occurrence Limit $1,000,000.00 General Aggregate Limit $2,000,000.00 Products/Completed Operations Aggregate Limit $2,000,000.00 Comprehensive Form (All risks) to include ~ Premises/Operations Underground, Explosion & Collapse Hazard ~ Products/Completed Operations ~ Contractual Liability ~ Independent Contractors and Subcontractors ~ Broad Form Property Damage ~ Personal Injury 3. Business Auto Coverage: Combined Single Limit Liability (each accident) $1,000,000.00 4. Special Coverages (check as appropriate and insert amount): (I) Performance Bond Labor and Material Payment Bond (2) Professional Errors and Omissions (3) Aircraft Liability (4) Owner's Protective (5) Builder's Risk (6) Boiler and Machinery (7) Loss of Use Insurance (8) Pollution Liability (9)Crime, including Employee Dishonesty Coverage, or Fidelity Bond B. Proof of Insurance: I. To provide evidence of the required insurance coverage, copies of Certificates ofInsurance in a form acceptable to the County shall be filed with the County through the representative identified in Paragraph 5, no later than ten (10) calendar days prior to com- mencement of operations affecting the County. Failure to file or maintain acceptable Certificates of Insurance with the County is agreed to be a material breach of any contract. These Certificates ofInsurance shall contain a provision that coverage afforded under the policies will not be canceled or materially altered unless at least thirty (30) calendar days prior written notice by certified mail, return receipt requested (effective upon proper mailing), has been sent to the County (through the County's Risk Department). (For purposes of this provision, "materially altered" shall mean a change affecting the coverage's required herein, including a change to policy limits as set out in the then-current policy declarations page). 5 la Simultaneously with the Certificates of Insurance, the Contractor shall file with the County's Risk Department (and promptly update, as necessary) 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 clause "other insurance provisions," in a policy in which the County of Pitkin holds a Certificate, shall not apply to the County of Pitkin. b. The insurance companies issuing the policy or policies hereunder shall have no recourse against the County of Pitkin for payment of any premiums or for assessments under any form of policy. c. Any and all deductibles 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 operations shall be: "all operations and locations at which work for the referenced Project is being done." 3. Certificates of Insurance for all renewal policies shall be delivered to the County's Representative at least fifteen (15) 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 $150,000.00 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 6 1 from tirne 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. 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 Justina Potter 76 Service Center Road Aspen, Colorado 81611 Fax: (970) 923-2043 with copies to: Pitkin County Attorney's Office 530 E. Main Street, #302 Aspen, Colorado 81611 Fax: (970) 920-5198 B. To Contractor: Earth Enterprises, Inc dba Waste - Not Recycling 1065 Poplar Street Loveland, CO 80537 Fax: (970) 699-9926 IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein above. CONTRACTOR: /. ) By: ./T7u.J7L /'- Title ?~oK d.f~J-J~ brtYlVL) 3- ZO -00 Date 7 cc BOARD of COUNTY COMMISIONERS OF PITKIN COUNTY, COLORADO: By:4fr ~ uthorized Sig -z);'1/6f1 Date By () / A Hilary Fletcher Smith, County Manager 8 q ACORD.. CERTIFICATE OF LIABILITY INSURANCE INSURED OP ID C EARTH-3 03 16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE I NAIC # 06 PRODUCER LBN Insurance Agency-GR 3459 W 20th Street Suite 224 Greeley CO 80634 Phone: 970-356-1133 Fax: 970-356-4088 Earth Enterprises, Inc. dba Waste N"ot Recycling 1065 POp'lar Street Lovelana, CO 80537 INSURER A' INSURER 8: INSURER C' INSURER 0 INSURER E Mountain states Mutual Cas. Co 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 CLAtMS IN~K .'UJU L L TR INSR[ -- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DOIYY) LIMITS PERSONAL & ADV INJURY ! GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $1,000,000 $ $100,000 1$ $10,000 $ $1,000,000 $$2,000,000 1$ $2,000,000 A GENERAL LIABILITY ~MMERCIAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR I ::J CPP009934202 06/03/05 GEN'L AGGREGATE LIMIT APPLIES PER -, on. .n" ~X P PRROO.. ,-" nn --~ AUTOMOBILE LIABILITY A :=] ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON.OWNED AUTOS BAP009934202 06/03/05 COMBINED SINGLE LIMIT 06/03/06 IEaaccldent) $ 1,000,000 BODILY INJURY (Per person) BOD\L Y INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY I ANY AUTO __:J AUTO ONLY - EA ACCIDENT $ N/A OTHER THAN AUTO ONLY EA ACe EXCESSfUMBRELlA LIABILITY A Xl OCCUR [J CLAIMS MADE UMB009934202 06/03/05 06/03/06 EACH OCCURRENCE AGGREGATE AGG $ i $ 1,000,000 . $ 1,000,000 $ $ DEDUCTIBLE X RETENTION $10,000 I 1""1 WC STATU. ITTITH- _TORY LIMITS I~ E.L. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER N/A EL. DISEASE POLICY LIMIT I $ A CPP009934202 06/03/05 06/03/06 Pollution Liability $250,000 DESCRIPTION OF OPERATIONS f L.OCATIONS I VEHJC.~ES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL. PROJISIONS RE: Recovery Facility Materials/Certificate holder, Its officials, employees, agents and representatives is an additional insured but only with respects to liability resulting from "your work" for that insured by you (UND247 0402); waiver of subrogation is included on the general liability CERTIFICATE HOLDER CANCELLATION Pitkin County c/o Justina Potter 76 Service Center Rd Aspen CO 81611 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL.DER NAMED TO THE L.EFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ^R::_~~~~~ ~R'fE~~- ACORD 25 (2001/08) @ACORDCORPORATION 1988 \0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. . ACORD 25 (2001/08) . \\ 2/27/06 "d:::J.l.l LoUIIlt::'1 ConfirmNet -) l~,O~~~~~Z~ v(V V'-''LJ ...,.......:-........ ""g i.f~ r- .. -I ~CORQ.. PIIIIlODlJC!!JlIl Tn. ~MA YinAnci.l CrOUpt I~ ot Colorado, tnc. lSSO l7th ~tre.t s"~e.. 6Do D.~v~r, co e020~ 1. JO'. 534-4567 ~n~. INSlJRERS AFFORDING COVERAGE rNIUM1iC en.Poin. Employers Solution., L~C IN5UREP.A', Pl1:1n.a~ol ;a....urancII IN:3UREFt D: ~'5~ s. Yoe.~i~~ s~. suite :1.00 Englewood, CO eOlll I IN5U~t:R E: COVERAGES ~ THE POllClCS OF INSUKANCllIS'Tl.UI;.\l.lOW t1AV" BEEN ISSUED TOTHE INSURED NAMED ABOVe FOR THL: i"Ol..ICY f'I;.HIOL.lINUICI\llO, NorW11 ~ IANOING ANY REQUIREMENT, TERM OR CONOrTION or ANY CONTKAC1' OK OTHER DOCUMENT WITH RESPf:CT TO WHICH THIS CCRTIFICIITC MAY IlC ISSUI:Cl OR MAY i"lRTArN. THE INSURANCE AFfORQED BY THE pOliCIes DCSCRII3CO lilKllN IS SU~JE.Gl TO ALL THE 'TERMS, EXCLUSIONS AND CONDITIONS OF SUCH r'OllCII:S. AGCRECATE LIMITS SHOWN MII'1' HAVG IllCN HLDUClO fj Y I'AII) CLAIMS. "iHi'H -,......-.....-.'~_......................---- \JOI.IC'I' 1;Fl"iiCll'Wt;. PO''li:5'~-fxPrRA'~lON' ..,..-.. JJlt TVPf, OF INSURANCE pOLle, NUMltef'( ~~r~ (M~lPD/V,(l DAT~ IMMIt)[Jl'f'rl INSURfR C, INSUReR I)' LIMITS -'~AGH OC_C_\J"RL"C':~ $ f l~1: DAMAGE {Anyone tire) $ MCP n<p tAny 00. Po"""') $ .~r2!1.9~': ~ mv INJURY $ _C~NERALACCRfGATE $ PROOUCr~ . CO",PJO!' AGO $ COMBINEDSINClU LIMIT (E~ flr.nCfIJ.I1I) aODll'1' INJURY S (Po",.,...,' HODIL.'" INJURY $ (Per eccl<lent, PAOPFRTYDAMAG( $ (PAf;ll;c;ldlilnIJ ~EN~Al. LI~BII.IT'I' COMMEACIALCoNEfY\L LlAllILlTY =:J C.....'''S ltAJ;lf 0 OCCUR ctNL ACOAWA Tr. L IMer APPLIr;s PJ;R _ \ K)t \LY 0 ~~Pr n tOe ~'-J..'fOllOt1llr:!: LfAltlLfTi' IINY AUTO ~ O'l'fNED AlITOZ 5C><I'OULH' AU1 OS HIRED AUTOS NO". OWNED AlJTOS AlITa ONLY, EA ACCIDEtf!' $ ~,. ACe $ AGe $ $ $ ____.___.. '_.__ J__.._..._......" $ OTHrR THIIN AUT!;) ONLY; GAJUIlG~ L.IJiPllJllITY "",1'",-"0 .:l(ceS5 lIAalLrTV =:J OCCUR 0 C\A\M~ MADE I'ACH OCCURRFNCr; AC,(lHf-(lAT!-I A DEDUCTIBLE A[T[r<! ION $; WORMiRf COMl'6NS,.'T10N AND ~MP'LCJ"'I!H.3' Uliltlrl,liY 4021367. 12/01/05 12/01/06 s ~ _~.\.lOa,(J,11JI1J5.l..-...U;R.. ___..._.. ..... '" ___" LLEAC11ACCIDENT $ ~oO,oao E,L. OI,;tA~~ . lOA EMI'.OYEt.' 100,000 LL OISEAS[ . POL IcnlMIT $ SO 0,000 ,,' O"THEPl D!.seP'tJf->l ION Ol" O/-l't1CA,II~BIL.O~'j IOl'lSlvti.f1ICLt"'jCCl.\JSIO)'wS ^OP~O 6'" !iNI;)OR~i;PIlI1;.l'nJB~CI"l,. PRQVISIONlJ 7h1. Certitiaate .how. tha~ ~.rth ~nterpr1.9g, Inc. db. W~.t. DOe R.eye11~g lQ~~ Poplar S~~..e. ~OVolQh~. CO 90537 ~~ covered und.r the Work.ra Compen..tion PQ110y 1..u.d eo ~.~o~~t iMployft~ gol~~1o~" ~LC, CE:RTIFICATE HOLDER ADOllION.A.lIN$UR'EO; IN8URI!.H: LJ::'l"~pl:' CANCELLATION ?5 Oervic. Center Rd ~HOULO AN'Y OF TMl:!. ",aOvt' Di:.aCRlaED ~lICI~9 YE:: CANCHU:O ~1;f'O'U; THE I:::ltPlAATION O^TE 1t1ERfOF, THE 16BUINC INSURER ~lLL ENOr;AVO~ TO MAiL ~ C.-YI WRIlTEIll N01\CE 10 It(~ C6.~"'IF\C"'Tt; 1-oI000l;f\ N~N~Q "-QI~E: \,Ef'1! 11l.,IT F",ll,.U~e TO ~ SO S'"l;..LL IMPOSE NO. ()SLlG...T1C1f'o4 OK LIMILlTT 0,. ANY KINO uPON "1'IE.1N8uN:E", lT~ ~GENT" 0". M:f.PHE:8ENlf\ityEiS. AUTHORIZeO R.fPf(ESl;.~T "Tlve ~~ Pitkin county 11. pan , CO 81611 USlI I ACORO 2~.S (7197) 1ynn:lu~)'" 4017531 @ACOFlOCORPORA/ION 1988 \1/ Powmd BVC~rtjficl1r..lYo..l' l~;L.."' PROPOSAL FORM Proposal Time: Proposal Date: 4:30 pm MST January 25,2006 From: Waste-Not Recycling 1065 Poplar Street Loveland, CO 80537 Phone: (970) 669-9912 Fax: (970) 669-9926 To: THE PITKIN COUNTY BOARD OF COMMISSIONERS c/o Justina Potter 76 Service Center Road Aspen, CO 81611 For: Materials Recovery Facility (MRF) 32046 Highway 82 Snowmass, CO 81615 Pursuant to a request by the Pitkin County Commissioners, the undersigned proposer having examined the Contract Documents, including the site of the proposed work and being familiar with conditions surrounding the services of the proposed Project, including the availability of materials and labor hereby proposed to furnish all labor, materials, supplies, services and supervision required to perform the work for the project identified above and listed below and as detailed in the Contract Documents. Proposers shall attach to the proposal foml: A brief explanation as to how they intend to handle the Project; the Project schedule; the personnel assignments, including qualifications and experience .ofthose personnel; the time estimates of personnel assigned to the Project; and other-pertinent facts; An explanation of compensation rates for commodities; A list of all costs associated with the proposal for the Project; And, any alternative methods in processing these commodities that may lead to their offering better services or pricing. ,\1 Description: See attached proposal It is further understood that the Tight is reserved by the Owner to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of ten (10) days from specified time for receiving proposals. The undersigned agrees that upon notification of acceptance of this proposal, it will execute a Contract for the above stated work for the above compensation within the scheduled mutually determined. Waste-Not Recycling hereby certifies: 1. That this proposal is genuine and is not made in the interest of or on behalf of an undisclosed person, firm or corporation and is not submitted in conformity with any agreement of rules of any group, association, or corporation. 2. That it has not directly or indirectly induced or solicited any other proposer to put in a false proposal. ,I 3. That it has not solicited or induced any person, firm, or corporation to refrain from proposing. The Proposer acknowledges receipt of Addenda's Nos. none The right is reserved to waive any informalities and to reject any Proposal. (TypelPrint name under all signatures) Dated this 24th day of January, 2006 Earth Enterprises, Inc. dba Waste-Not Recycling ~K~ Anita R Comer, President ~ Proposal to PITKIN COUNTY BOARD OF COMMISSIONERS c/o Justina Potter 76 Service Center Road Aspen, CO 81611 Project Contract # 124-2005 From Earth Enterprises, Ine dba WASTE-NOT RECYCLING 1065 Poplar Street Loveland, CO 80537 PH (970) 669-9912 (800) 584-9912 FAX (970) 669-9926 www.waste-not.eom Persons to whom additional selection process requests should be communicated are: Anita Comer EMAIL acomer(m,waste-not.com CELL (970) 381-7345 Chris Thomas EMAIL cthomas@waste-not.com CELL (970) 396-9796 1 \6 Brief Description of Approach and Method of Compensation This proposal is based upon a revenue share approach. Waste-Not would provide the eql.lipl12ent., l~~or and all other associated costs to manage the program for a percentage of the income we are able to generate from the sale of the commodities. At the end of each month, Waste-Not would calculate the total income minus freight costs and determine whether an invoice would be sent to Pitkin County for an amount due or a check attached based upon actual income minus our percentage and freight. We are proposing to provide a new forklift with a bale clamp to reduce the cost and hassle of using pallets on the baled materials. This will make loading the trailers quicker and allow more materials to be shipped per load. Since we would not have to provide nearly as many pallets we have calculated the cost of the baler into our percentage. We feel this will enhance the program and save time and money. This proposal should be viewed from the bigger picture of having the revenue from the more valuable commodities covering some of the costs to get the less valuable items recycled. It is also offeredas a full service program where Waste-Not will be ready to assist Pitkin County in expanding the list of items diverted from your landfill as markets change, ideas or technology improves or as ease of operation allows for more time to be spent in other areas. Time Line February 8, 2006 February 9, 2006 February 23,2006 February 23, 2006 February 24,2006 Notice of Award Begin contract negotiations Notice to proceed received Order forklift Work with Pitkin County staff to schedule date to switch out trailers and deliver equipment (based upon any necessary notices that may need to be given and efficient use of trailers already on site). Waste-Not visit to MRF by some of the personnel involved in the project to ensure understanding ofPitklin County's needs. Forklift delivered (5 weeks notice needed) Be fully ready to provide all services agreed upon. March 1, 2006 March 17,2006 March 20, 2006 Statement of Qualifications Waste-Not specializes in customizing recycling programs with dedication, creativity and willingness to do whatever is necessary to make certain that our clients have the most comprehensive resource recovery progranls possible. Having built many programs from the ground up, we have a clear understanding of the challenges and obstacles many programs face. We fully realize that the scope and volume of this program will be a challenge for any team to manage. Our experience, network of business partners and familiarity to marketing materials in Colorado combined with our sincere desire to provide excellent customer service is a strong foundation for building a successful partnership with Pitkin County Material Recovery Facility. We have managed programs at multiple sites and at distances from as far away as California to New York. We have clients who generate waste streams that require daily trucking of a variety of materials. We handle all the commodities listed in the RFP as well as additional materials. Importantly for us, we WANT to work with Pitkin County on this project. 2 )~ References: Government and Business Susie Gordon City of Fort Collins 200 W. Mountain Fort Collins, CO 80522 PH (970) 221-6265 FAX (970) 224-6177 EMAIL sgordan@fcgov.com Rick Walston Agilent Technologies 815 14th St SW Loveland, CO 80537 PH (970) 679-2720 EMAIL Richard-l_walston@agilent.com Joe McCord State of Wyoming A & I General Services Division 801 West 20th Street Cheyenne, WY PH (307) 777-7760 EMAIL jmccord@state.wy.us Karen Scope1 City of Greeley 1100 10th S1. Suite 202 Greeley, CO 80631 PH (970) 350-9873 FAX(970) 350-9800 EMAIL Karen.scopel@greeleygov.com Business Peer Galen Hill Owner, Resourceful Paper 2419 First Avenue Greeley, CO 80631 (970) 353-1710 Financial Lonnie Oschner Vice President, New West Bank 3459 W. 20th Street Greeley, CO 80634 (970) 378-1800 Marketing Contacts Kevin McDevitt . Regional Manager Weyerhaeuser Paper Co 5135 Race Court Denver, CO 80216 (303) 297-2312 Affiliations Mmjie Greek Executive Director Colorado Association For Recycling PO Box 11130 Denver, CO 80211-0130 (970) 535-4053 More available upon request "I J ~ Proposal To Pitkin County Materials Recovery Facility Project Contract # 124-2005 By Waste-Not Recycling I. INTRODUCTION AND GENERAL INFORMA nON Waste-Not Recycling is an independent regional recycling business dedicated to providing education, training, waste analysis, equipment, and collection services for waste reduction and recycling. We offer a variety of waste reduction programs to commercial, institutional and governmental accounts. Waste-Not has been recycling in Colorado seventeen years. Our clients include the City of Greeley, the City of Fort Collins, Larimer and Weld County offices, the State of Wyoming, the US Forrest Service, Agilent Technologies, the Poudre School District, Kodak, and hundreds of other accounts from small to some of the largest corporations in the world. We are committed to servicing accounts that require several semi loads per day trucking as well as the smaller offices. We strive to provide quality of service with integrity of operation. History of Earth Enterprises, Inc. dba Waste-Not Recycling Anita R. Comer started Waste-Not Recycling in 1989 from the desire to do something to help the environment. In the seventeen years of business Waste-Not has grown from one woman and a truck to nearly 40 employees and a fleet of trucks, balers, trailers, roll-offs, and thousands of pieces of equipment necessary accomplish our mission. Education and community awareness are important parts of successful recycling programs. Waste-Not has provided educational programs to small offices and clubs as well as to large corporations. We managed Earth Day events with over 12, 000 attendees and have created the Recycling Olympics as a fun way to present information on the "how to's" of recycling. Waste-Not's creativity and commitment to recycling has allowed us to grow and expand our services even during dismal market cycles. We continue to obtain equipment and knowledge to improve our services and help our clients reach their diversion goals. To assist our clients reach over 80% diversion rates we added a 'Reusable' division of Waste-Not, which provides busincsses with an outlet for excess equipment and wc pioneered construction waste recycling in the state. Recently we have added drywall (limited to new construction and meeting certain requirements) to our list of construction waste we can recycle. 4 17) Waste-Not Recycling's commitment to recycling and our approach to business are reflected in our mission statement, goals and objectives. Waste-Not Recycling's Philosophy Mission Statement: To create a sustainable environment for prescnt and future generations by providing quality recycling services. Goals aod Objectives: . To provide the best service to our clients and the planet. . To make every effort to recycle as much as possible. . To provide a work environment where our employees can feel good about their contribution to environmental improvement. . To continue learning about recycling opportunities and to seek regional markets for the commodities we collect. . To assist in changing from a: throwaway society to one that protects and treasures our natural resources. . To participate in environmental education efforts in schools and in the communities we serve. In order to provide the best service to our clients, we focus 00: Quality Providing quality recycling services has been Waste-Not's mission statement for many years. Pitkin County's commitment to recycling excellence is clearly evident. We believe that together Waste-Not and Pitkin County have the commitment and resources to work to continually improve an exemplary resource recovery program. Responsiveness While remaining constant to our vision, we have always done whatever was necessary to keep our customers happy. Our customer loyalty indicates our ability to be responsive to customer needs. Waste-Not will meet your service expectations in a timely manner. Our long term marketing relationships allows us to provide our clients with the best of both worlds: small business t1exibility and service with big business market security, equipment and backing. This combination, as well as our reputation, determination and expertise, have proven to be successful. Awareness Waste-Not is a recycling service only. We are not a trash hauler. All of our energy is directed towards making recycling work. We take pride in being at the leading edge of recycling services, technologies and markets. We subscribe to industry periodicals and regularly attend conferences, meetings and workshops related to our industry. Waste-Not is also active in regional and statewide solid waste groups. 5 \~ Insurance, Compliance and Safety Waste-Not is fully insured, and can meet the insurance requirements listed in the RFP. We are committed to following all local, state and federal regulations that apply to our business. Our EP A # is COR000207274. We are also dedicated to safety. We have a strong safety program that requires employees to regularly attend safety training. We provide all employees with any necessary personal protection equipment and ensure they are properly trained to do the work. Definitions: Mixed materials trailer - This trailer will be spotted on site for storage and transportation of mixed office paper, latex, electronic waste, phone books, plastic bags, carpet pad and other commodities that are added to the program as additional or harder to recycle items are identified and collected to be recycled. This trailer will be brought to our facility in Loveland, Colorado where it will be weighed, processed and consolidated with other material for shipping to markets. II. THE PROJECT SCOPE OF WORK Waste-Not is proposing to provide the equipment, training, marketing and transportation to recycle all the materials listed in this RFP. We are offering our services based upon the Pitkin County's current collection and baling methods. In addition to the items listed on this RFP, we can assist with proper disposal of Latex paint, via the mixed materials trailer, which would eliminate the need to store large quantities. As a company dedicated to waste reduction we will also commit to working with Pitkin County staff to implement additional harder to recycle items as agreed upon by all parties. We are also offering some pricing information if at some future point, the SWC elects to utilize the sorting system currently in place at the MRF facility. As you will see, the price for aluminum cans and the reduction in trucking due to compaction may offer justifiable compensation. A. Transportation of recyclable materials The following would be our process for each of the commodities listed in the RFP: Cardboard - Trailer loads of baled cardboard will be picked up as needed. This material will be "hot loads" and delivered directly to market. Newspaper and Magazines - Trailer loads of baled newspapers and magazines will be picked up as needed. This material will be "hot loads" and delivered directly to market. Office pack - This material will be placed into gaylords or cages and loaded into the mixed materials trailer. Carpet pad - This baled material will be placed into the mixed materials trailer. Plastic bags - This baled material will be placed into the mixed materials trailer. Phone books - This material will be placed into gaylords and loaded into the mixed materials trailer. #1 and #2 plastic bottles, Glass bottles, Tin and Aluminum Cans - This material will be loaded into an open top trailer that will spotted on site. Electronic waste - This material will be placed onto pallets, gaylords or other containers. It may be necessary to shrink-wrap the palletized items before being placed on the mixed materials trailer. Additional Items that could be included in the mixed materials trailer may include: toner cartridges, higher grade metals that could be placed into gaylords, books and manuals, 6 Jfl excess equipment, or other items that can be recycled or reused and are agreed upon by both parties. 1. Waste-Not will provide for the transportation of the above materials and all loads will be secured prior to leaving the MRF. 2. All materials will either be sent directly to mills or end markets or processed at EcoCyc1e or taken to our warehouse for further processing and then shipped to markets. Waste-Not guarantees that all items will be recycled that can be recycled without contamination, not landfilled, and not held for speculative accumulation. We have chosen EcoCyc1e to process the co-mingled materials as the glass recycled there does get recycled unlike the glass processed at other Material Recovery Facilities that end up being used as alternative daily cover. We will provide monthly reports to the Solid Waste Center. We will provide weights, contamination levels, pricing and [mal disposition of materials. These reports will be sent by the 20th of each month following the month collected. 3. Waste-Not will work with Pitkin County staff to make sure that materials do not accumulate beyond reasonable storage capacity and will schedule regular pick ups not to exceed time and bale limits stated in the RFP. Based upon our experience with drop sites, occasional high use spikes may necessitate extra containers even with frequent pick-ups. We would accommodate those times with extra trailers as needed. 4. In order to get the best price (inc1udingthe cost of transportations) Waste-Not anticipates brokering some materials directly to mills. In which case, we guarantee full trailers will be picked up within 72 hours of notification. 5. Waste-Not anticipates regularly having at least two trailers on site for mixed materials and for commingled cans and bottles.' 6. Waste-Not will remove the storage trailers with 48 hours of request by the county. We would anticipate the need for regular pick for ease of planning for both the SWC and truck scheduling. 7. We understand that failure to comply with sections 3, 4 and 5 of section A will result in charges to Waste-Not. B. General Requirements 1. Transportation services will be contracted with SDS to provide regular pick-ups from the MRF. Based upon tons of commodities and information regarding frequency of pick ups, at this time we anticipate hauling commingled cans and bottles about every other day, OCC and ONP an average of two and a halftimes each week and the mixed materials trailer will be variable depending upon special events and efficient loading of trailers. In addition to this contract with SDS, Waste-Not has a fleet of trucks for back up hauling if necessary. Waste-Not agrees to supply an open top trailer for commingled cans and bottles, a trailer for mixed materials, gaylords, pallets and other containers as necessary. Services to be rendered include arranging for prompt pick up of commodities, brokering for best commodity prices, full disclosure for prices paid to Waste-Not for Pitkin County commodities, monthly tracking and reporting, consultation for ways to improve the program, staff and information to assist with community events (i.e. Earth Day or America Recycles Day), assistance with identifying other waste streams to pull out for 7 y\ recycling, marketing materials for reuse, exchange or donation, and other creative ways to increase diversion. 2. Waste-Not takes safety very seriously. We provide all of our personnel with the necessary equipment and training. We would require all sub contractors to also have a safety program in place. 3. Equipment list and pricing are included. 4. Waste-Not will provide a monthly summary of commodities collected and services rendered including equipment provided. 5. Waste-Not was impressed with the site and would be happy for the opportunity to work with the dedicated and friendly staff. 6. Waste-Not is fully insured and complies with all local, state and federal requirements. We will require documentation to ensure all subcontractors are compliant. We strive to partner with companies that are committed to environmental stewardship. 7. Waste-Not understands that hot loads must be serviced during MRF hours of operation and that temporary stored loads must be served during SWC operations. C. Miscellaneous Comments 1. Waste-Not shall provide all personnel, truck, equipment, container, and trailers for loading, short-term storage and services including the following: a. Trailers One open top trailer will be spotted on site. One mixed materials trailer will be spotted on site. A trailer will be delivered, as necessary, for cardboard and newspaper. Ifnecessary, an additional van trailer may be spotted on site for additional items. b. Gaylords Gaylord boxes will be returned on the mixed materials trailer coming from our warehouse. Pitkin County staffwill advise Waste-Not as to the estimated amount required. c. Pallets This bid is based upon Waste-Not providing palIets only for the gaylorded or other material shipped to our warehouse in the mixed materials trailer. d. Roll-off containers are not currently utilized in this program. If at some point in the future it is deemed necessary, Waste-Not has roll-offs and trucks that could be made available. e. Trucking will be contracted through SDS Logistics. If necessary, Waste-Not has semi trucks and trailers that operate in Colorado that can be made available for trucking the material from the MRF. f. Scheduled pick-ups may prove to be the most reliable way to consistently move materials. However, we are not providing one at this time due to the fact we wish to maximize the amount of material being hauled per load. As we develop a greater 8 '}v understanding of the flow of materials, we believe it will be in everyone's best interest to have a pick up schedule. g. Budget reviews will be done on a monthly basis as we see the costs to transport the materials and the revenue received. Since our income will come from a percentage of the revenue from the commodities collected, we will be constantly looking to maximize those dollars. Additionally, we are committed to customer satisfaction and recognize the need to seek competitive trucking rates. h. Payment requests will be made each month by the 20th of following month in which the materials were removed from the Pitkin County MRF. Along with the request will be the detailed statement identifying dates, weights and materials recycled, revenue received, and associated costs. 1. New 5,000# Nissan forklift with bale grabber. 2. Since Waste-Not will not have staff on site regularly, it will be imperative that Pitkin County staffbe available to load the materials. It is necessary to load double and triple stacked bales to make weight, Waste-Not has included in the equipment a forklift with that capability. We feel this may save the program money in the long run and have a more positive impact on the environment. 3. Process Flow will begin when materials are dropped off at the MRF. Pitkin County employees will then process the materials by baling or loading the materials into trailers. We expect that Waste-Not will be making daily phone calls (at least initially) to find out which trailers are becoming full and when to schedule the pick ups. Once a pattern has been established, we can schedule the materials to be hauled on a regular basis. rfback up trucking is necessary, we will arrange for additional trucks to move the materials. Waste-Not Recycling offers the most comprehensive program in the state. Our expertise in recycling all the commodities in this RFP, as well as other "harder to recycle" items, would assist Pitkin County in best practices and increased diversion. We would spend time on site training staff in efficient loading to maximize the amount of materials per trailer to reduce overall trucking charges and environmental impact. We would also be available by phone consultation on a regular basis to answer questions or offer solutions. We want to partner with you because of our shared values. We have demonstrated that a non- subsidized business can recycle a wide variety of often hard to recycle material through 17 years of volatile markets in Colorado. We are uniquely poised to provide small business service yet fully able to handle the size of operation. III. COMPENSA nON RATES FOR COMMODITIES Waste-Not Recycling will sell recyclable commodities at the best price available based upon market conditions. Pitkin County will receive 78% of all revenue generated from Pitkin County recyclable commodities. Two key aspects ofthe compensation are Waste-Not's ability to market for the best prices and our willingness to show you exactly what we get paid. Marketing Waste-Not Recycling has access to multiple markets. For example, baled newspaper and magazines will be shipm;.~Therm in Utah to be made into insulation or trucked to Abitibi in AZ or Weyerhaeuser mills. Pitkin CountY's ability to make 40k loads will be a major 9 rv"! factor in determining ship to locations and trucking costs. The co-mingled material will be shipped to EcoCycle. They will pay us based upon the actual product mix minus processing costs. See Attachment B. Cardboard will be shipped to McKinley Mill in Prewitt, NM or Weyerhaeuser mills. We will weigh out the costs and income as the commodity prices and fuel costs vary to the economic benefit of Pitkin County. The mixed materials trailer will be shipped to our warehouse in Loveland. The plastic bags will ship to TREX, the..Qt will go to y! eyerhaeuser and the I.-atex paint (if inclu<ied) would J~.o to BI]. The follOwing are the current rates that waste-Not is receiving and/or was quoted for the various commodities FOB buyers dock: OCC ONP Office Pack Carpet Pad Plastic Bags Phone Books Mixed Paper Co-mingled cans and bottles $85 per ton $105 per ton $80 per ton $ 0 per ton $320 per ton $105 per ton (can be shipped with ONP) $10 per ton $63 per ton Electronic waste is primarily associated with a cost unless it has been disassembled. However, if separated on the mixed materials trailer, Waste"Not will pay for scrap copper wire/cords, boards, power supplies or other copper containing units. We utilize Community Intersections in Colorado Springs for disassembly of some electronic waste. All employees are protected and we do not ship to overseas markets. Monthly reports to Pitkin County will show the prices paid to Waste-Not for the County's commodities as well as the costs charged for trucking. See Attachment A All of the above prices are subject to market fluctuations. In our desire to have honest and open dialog, we can provide Pitkin County with copies of our purchase orders, invoices and income receipts to verifY the amount we received. Our success is dependent upon finding the best prices. IV. COSTS ASSOCIATED WITH THE PROJECT Charges to Pitkin County Trucking will be the greatest cost associated with the project. Based upon our evaluation of the program we believe securing reliable trucking will also be the most difficult part. Before we decided to submit this proposal, we considered various transportation options to be completely confident in our ability to meet your needs. Rather than relying on mills to provide the trucking or using our own trucks, we believe hiring a truckingfmn who specializes in timely, dependable hauling as a business is the best way to ensure ease ofoperation and success of the program. SDS Logistics would be our trucking partner on this project. The current trucking rates are as follows: See Attachment C Walking floor open top trailer hauled to Boulder - feo. $765 per load _ (.Q)_~ $865 per load- rn~'(:e...). $865 per load Walking floor open top trailer hauled to Loveland 48'-53' Dry Van trailer spotted hauled to Loveland 10 }~ 53' Dry Van, Hot load to Snowflake, AZ 53' Dry Van, Hot load to Snowflake, AZ* $1475 per load $2335 per load 53' Dry Van, Hot load to Salt Lake City, UT 53' Dry Van, Hot load to Salt Lake City, UT* $1145 perload $1390 per load 53' Dry Van, Hot load to Prewitt, NM 53' Dry Van, Hot load to Prewitt, NM* $1455 per load $2095 per load *Local hauler - return trip at no charge, could reduce costs by finding a backhaul. This will happen in emergencies and there would be no wait for pick up. All rates are flat, but are based upon fuel rates as of January 23,2006; $2.449 U.S. Average per DOE Pitkin County will provide the baling wire, stretch wrap and pay forklift and loader fuel and maintenance and any other equipment costs for loading the trucks. Costs that Waste-Not will incur for the program. The following are the costs associated with managing this program, but will not be billed to Pitkin County. They will be costs Waste-Not will payout of the 22% of revenue generated. Equipment Trailers Forklift with bale grabber and side shifter .' See Attachment D Gaylords Pallets And other pieces of equipment that may be necessary such as cages,etc. Labor Warehouse loading and unloading at our site Reporting and tracking Marketing materials and negotiating best prices Arranging for transportations Communication (phone, meetings, travel, etc,) Troubleshooting Working with Pitkin County for best loading practices Personnel for special events ~ up to three events per year Consultation to increase diversion and efficiency We estimate that an average of 72 hours per month will be spent providing the various services listed above. General Overhead Insurance Infrastructure. Storing materials for consolidated shipments 11 o Waste-Not employee costs for workman's compensation, insurance, taxes and other employee related costs including personal protective devices Additional Cost Items (These are not covered by the 22% revenue return retained by Waste-Not) Electronic Equipment Monitors, CPU's, Printers, Scanners, Fax, Copiers, Keyboards, Mice, Other peripherals, Stereos, microwaves, etc Charge to recycle $ .18 per pound Cords/boards/copper bearing No charge. May be credit. V. AL TERNA TIVE PROCESSING METHODS Providing a new forklift with a bale grabber will save both time and money. Based upon the weights and current number of hauls per week provided, we feel loading the truck more fully by eliminating pallets will save money. We would assist in determining whether Pitkin County should operate the sorting system to both maximize the revenue and get the air out before trucking the materials to save trucking costs. We believe fuel costs may continue to escalate and it could be in everyone's best interest to become as efficient as possible. Since the upfront cost of purchasing the equipment has already been incurred, it is likely at some time in the future the sort system may be utilized. If the materials are sorted, the following is the current revenue we would expect to receive: Tin Aluminum cans #1 & #2 plastic Mixed glass Brown glass $ 70 per ton $ 1710 per ton $ 390 per ton $ 12 per ton $ 55 per ton We want to work with Pitkin County staff to optimize both the equipment on site and efficiency of trailer loading to reduce the overall trucking costs, as well as potentially increasing the revenue substantially. As a business that needed to be flexible to survive, we are always looking for ways improve customer service, as well as attending to the bottom line to make sure we get to keep doing what we want to do. To save storage for the electronics trailer and latex paint, we are offering to recycle those items in the mixed materials trailer. There would be additional competitive costs for those items. List of Similar Work For several years, Waste-Not Recycling has managed the City of Fort Collins community recycling program. This program requires nearly daily pick-ups of similar commodities that Pitkin County collects. For ten years, we have managed a comprehensive resource recovery program for Agilent Technologies (formerly known as Hewlett Packard). This program includes three locations, each with multiple buildings and we currently employ 8 full time employees to fulfill this contract. We have had to provide 24 hour, 7 day week coverage, as well as providing multiple semi loads of additional items with very little notice. We have also been able to provide liquidation and 12 tP recycling services to Agilent campuses across the country including sites in CA, IL, TX, NY, andMA. We service several other large corporations that require personnel on site, as well as daily picks of multiple semi loads and roll-offs of various commodities. Due to customer confidentiality we are not providing their names and volumes. These customers require similar amounts of equipment and work. Personnel: The following will be the primary personnel associated with serving the Pitkin County contract. Anita Comer is the owner of Waste-Not Recycling and has 17 years experience in making recycling work both economically and for the benefit of the planet. As owner operator, Anita would have personal involvement in this project and a commitment to ensuring quality of service and looking out for Pitkin County's best interest. Christine Thomas is Waste-Not's Director of Operation and has been involved with Waste-Not since 1992. She would ensure the on time trucking and accurate tracking as well as be an additional contact. Kirk Barker has an integral role at Waste-Not and has been with the company for 15 years. As one of the first employees he has seen many changes in the recycling industry and has a good understanding of daily operations. He has been Transportation Manager and assists with overall customer service. His dedication to getting the job done would be a strong asset to the team working on this project. Hanna Soffa is an Executive Assistant and will be responsible for the detailed tracking of all aspects ofthis account. She has an attention to detail and superior customer service skills. Kerrie Hilgefort is our Solutions Facilitator. Kerrie has assisted us in handling large jobs across the country. She has extensive experience finding solutions or markets for unique items as well as coming up with creative ideas to make things work. Attachment A - Sample partial tracking report Attachment B - Current value of co-mingled containers Attachment C - SDS Logistics reference (trucking finn) Attachment D - Nissan Forklift 13 }~ ;;3~~ Q $:0 ~ =: ~ Q ~ '1 ~ '" z .... l:s.~ '<;-~ .. .. ...Q <II " ~ :: B:~ ~ -I S- .. iii g'Og'g> ~::!;~iil a.~a."'O -o-uOm ii> ~ ~ m ~,,-ca o' !!t (3 OJ -0" OJ Q) o' 10 a. fI) fI) ..... CO to> o o o ... CD'OW'" 01'" 0000100 000000 000000 co ~ " en Ol.t>W ;,;,-n '" '" '" 0" 0" 0" 5:~~ ~. 3 ~ OJ 0.3"" Dl ;j! 5: ::r.~ [g~~~ ~ (I) ~ CD g ro" c..~m fI) :;l ~. ~ c .. - '" o - "'D "'rv......O' I I 1..,:11:" " " n,' c: ~~o-"'O OOZ Dl 0 III a 3 ~ 0"3"" o -, Dl Dl " " o..<Q.(1) '" ~ "'D o c ;:, "'W.t>"'Wo.. -""OOQ,l).,U)CIl 001000 00000 00000 ~~ '01-" '" !'J .tlo-01 cnU'l -I o ... ;:, ......~ ......eft 9t\)tv......~ -"0 01U1 0 t'J(Tl W '" 00 99 00 00 00 00 ~~~ ~.j>.W 9~0l 000 a 0 a 000 .goo ~ {fl {fl {fl {fl "'D ... C'i" m ...... ......"2 0>......0>0>-".., !"'o.....!"'9-1 ggg;ggg i/t {fl{fl{fl~{fl{fl{fl{fi{fl{fl{fl{fl .,' ~ en U. co co ;.. en tOW to ... OO!'J .t> a 00 .... .t> o, co en o o A 01 CD'" a:'l~ O-.JW .,9010 (fl ~-Ett~ CD ..... ... <J)0).t> ~~~ 000 o a 0 :0 ............ -"" C'D ~ c.no>OO1o,~#. ......01 CJ1CD-.J:::s0 ~-""W(()~t:__ mo> om...... G -..JC1IaCDO r Dl "" m o ~ (1) Dl ;::;:(1) r::. lll-C ii-g 00.. ~-I '< 0 -I ... c: o Co ;:, {fl<O ~"'O ........::r O).t>.. ~ 91 <<0 ggm n o 3 3 o 0.. ;::;: '< "',,::0 CD ::e: CD C";l\"l/l ... -. 0 s::: ;:, s::: III 0'" -< 0 :;l ....5::0 - -111 ::r '< C'l ... 0 o < s::: 111 cg. -< N " !>> (3 N lQ o iil g 3 p ~ r.:, r ~ ~ )> /-\-It&lC htY\tvl+ ~ Estimate Value of Commingle Containers Based Upon Composition, Market Prices, Contamination and Processing Cost Table 1: Materials Tons % $/Ton WA Steel Cans 306 19% $ 70 $ 13 Aluminum 82 5% $1,710 $ 88 Plastic 162 10% $ 390 $ 39 Glass: Mixed COIOF 1,050 66% $ 12 $ 8 1,600 100% $ 148 Processing $ 85 Pay $ 63 I.'" Table 2: Materials % Tons Low Value High Value Current Value $/Ton WV $/Ton WV ~I WV Aluminum 5% 82 1,200 60 1,710 86 1710 86 Glass-Amber 8% 125 43 3 43 3 43 3 Glass-Mixed Color-N 56% 925 13 7 13 7 13 7 Plastic-#1 PETE 5% 90 240 13 440 24 390 21 Plastic #2 Natural 2% 38 500 12 790 19 790 19 Plastic #2 Colored 2% 35 400 9 660 14 660 14 Steel Cans 19% 306 60 11 100 19 70 13 Container Rejects-P 2% 32 (30) (1 ) (30) (1 ) -30 (1 ) Total for Containers 100% 1,600 115 171 163 Processing Cost 85 85 85 Pay (fob BCRC) 30 86 78 :;1 .L\ tt OL c: h IV\ e If\. t- C. worldwide 1'KIt ~CTROliles Lll'EeTCL~ ."OUIICR 0310912005 ' To WhOm It May Concern.: This isa Jetter of recomri'lefld8tion regarding the services provided to AER Worldwide by 50S Logistics. AER Wortdwide ha$l.ised SOS' Logistics for over two years to perform Pack-n-Move serVices for Qur customers throughout the United States. We have found using 80s logistics an asset to our company. More .than anything. we greatly appreciate their wor1d-class performance and professionalism. No matter how difficult the job, SOS Logistics has always come through. If your company is in need of Pack-n-Move services, I highly recommend lJ'Sing SOS logistics. Sincerely. ~ Salim Hijazi BUsm8SS Development Manager AER Worldwide - The Electronics Ljfecycfe Resource n;l '-.' 2354 DAVIS AVENUE i HAYWARD; CA 94545 I PHONE (510) 300-0500 I FAX (S 1 0) 300..0505 HTH:/ /WWW.AERXCHANGE.COM 3.tJ -- I Aitac Vi rv\€ vcr-v I I I I I I I I I I I I I I I I i January 24, 2006 Waste Not Recycling Anita Colemer Kelirn, Co . I.'" NISSAN PLATINUM SBRlES Dear Anita Colemer, Thank you for considering Forklift Systems of Colorado for your material handling equipment needs. We are pleased to offer the following for your review and approval. Model: PLUSOLP NISSAN Platinmn Series - Model PLU50LP Pneumatic Tire Forklift Powered by Nissan's K25 BPA Compliant BPI Industrial Bngine 151.8 Cubic Inches, 60.3 hp @ 2,700 RPM's Quantity: 1 unit Basic Capacity: 5,000 lb. @ 24" Load Center Fuel: LPG u."~<I~~_~~~~-=<,,".,_,",,,-C__'="'~___=~.=.-__ ...~C' _,.,.......,.~.=_..."......"',._=._._,__, .-cU"'-="'-'===='='='--='~""~__'~'.. .....,,"'=_~ Specifications Mast: TRIPLEX - OHL-84.4" MFH-187" FL-59.0" Standard Tilt of 6/6, and Includes a~" Wide, Class II ITA Carriage. q," 48" Overall Height Load Back Rest: Proposa120060124.SNOl Page 1 of 4 303-286-7000 3/ -