HomeMy WebLinkAbout20081835.tiff Memorandum
TO: Douglas Rademacher, Chair, BOCC
DATE: March 30, 2010
• FROM: Mark E. Wallace, MD, MPH, Department�� c.`p
COLORADO of Public Health and Environment ���p
SUBJECT: Extension of Contract with MXI
Environmental Services, LLC, to Continue
Household Hazardous Waste Disposal and
Recycling Services
Enclosed for Board review and approval is an Amendment to Agreement between MXI
Environmental Services, LLC (MXI), and Weld County. The purpose of the Agreement
is to extend our existing contract for a third year of service (for the period of August 1 ,
2010, and terminating July 31, 2011). The County's original contract with MXI was for
the term of August 4, 2008, thru July 31, 2010, with the option of renewing for one
additional year.
MXI provides disposal and recycling services of the majority of the wastes collected at
the County's Household Hazardous Waste facilities.
The Department has found MXI's service to be satisfactory and therefore recommends
for approval of the Agreement.
Note: The original contract was competitively bid through the County procurement
process.
Enclosure
ill. 0O36
Cc r f t1 Alt4i . �d 2CC n 605
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT, made and entered into this02Y/4day of
Eehvt 2010, between the County of Weld, a political subdivision of the State of
Colorado , by and through the Board of County Commissioners of the County of Weld, by and
on behalf of the Weld County Department of Public Health and Environment, hereinafter
referred to as "County," and MXI Environmental Services, LLC, a corporation existing under the
Laws of the State of New Jersey with an office located at 26319 Old Trail Road, Abingdon,
Virginia, 24210, hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, on January 14, 2009, the parties entered into an agreement for pickup and
transportation services for household hazardous waste ("the Agreement"), wherein the term was
from August 4, 2008, to and until July 31, 2010, with the option of renewing for one (1)
additional one (1) year term thereafter, and
WHEREAS, the parties now desire to amend the term of the Agreement so as to renew it
for one additional year commencing August 1, 2010, and terminating July 31, 2011.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties hereto agree to amend their Agreement as follows:
Replace Paragraph 8 with the following language:
8. TERM OF' CONTRACT: This Agreement shall commence on the Is` day of
August, 2010, and shall terminate on the 31s1 day of July, 2011. This Agreement may be
terminated at any time by either party providing thirty (30) days written notice to the other.
Finally, as a government contract, this agreement is subject to the availability of funding.
The Parties agree that, except as set forth in Paragraph 8, above, all remaining terms and
conditions of the Agreement shall remain the same as stated therein.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals thisagNM
day of cebnogni , 2010.
ATTEST: MXI Environmental Services, LLC
/� Q � �
By: PI M,)Jnug.a.A By:
(1 u p ald Potter, President
1
ATTEST: �' �� OUNTY OF WELD, a political Weld County
Clerk to the Board "ql - I , subdivision of the STATE OF COLORADO:
186
eputy Cler o th fitir Dougla Radema her, Chairman
NI= Board of County Commissioners of the
County of Weld APR 2 1 2010
2
&Oci- /IS!
rstL Memorandum
TO: Esther Gesick, Clerk to the Board
Ely DATE: January 23, 2009
• FROM: Trevor Jiricek, Department
COLORADO of Public Health and Environment
SUBJECT: Household Hazardous Waste
Disposal Contract with MXI Environmental
Services, LLC
Enclosed for the County Commissioners Chairman signature is a contract between the
Weld County Department of Public Health and Environment and MXI Environmental
Services, LLC, for pick-up, transportation, and disposal of household hazardous wastes
(HHW) that are collected at the County's HHW facilities.
This contract originally went out for bid in June 2008 under bid request #B0800108.
The winning bid was approved by the BOCC in a hearing on July 21, 2008.
We understand that there may be some confusion with the delay in the contract when
compared to the bid date. The delay was due to the modification and review of the
contract between the WCDPHE and MXI. Additionally, there was not a great sense of
urgency as many of the services secured through the bidding process are not codified
by contracts.
Please send back one signed original and we will make copies and forward to MXI.
Don't hesitate to let me know if there are any questions. Thanks.
Enclosure
Ck,y1 047 Li I-as- 09 14LCd3C
AGREEMENT
AGREEMENT made effective the l4-141 day of .TnNuwv , 2009, between
Board of County Commissioners of the County of Weld, State oftolorado, by and on
behalf of the Weld County Department of Public Health and Environment, hereinafter
called "County", and MXI Environmental Services, LLC, a corporation existing under
the Laws of the State of New Jersey with an office located at 26319 Old Trail Road,
Abingdon, Virginia, 24210, hereinafter called "Contractor."
WITNESSETH:
WHEREAS, the County has let bids for public health, specifically, "PICKUP
AND TRANSPORTATION SERVICES FOR HOUSEHOLD HAZARDOUS
WASTE", and
WHEREAS, County awarded Contractor the bid for the performance of the
services described in the foregoing bid.
NOW THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties agree as follows:
1. SCOPE OF WORK. Contractor shall perform all services and furnish all
materials, equipment and/or personnel as detailed in both the invitation to bid document
entitled "PICKUP AND TRANSPORTATION SERVICES FOR HOUSEHOLD
HAZARDOUS WASTE", (hereinafter referred to as "RFP") and in Contractor's bid
presented to County, via application submitted June 24, 2008, and via letter dated July
10, 2008, a collection of 101 pages, (hereinafter referred to as "Bid).
Both the"RFP" and the "Bid" are attached hereto as Exhibits "A" and "B", respectively,
and are incorporated herein by reference. County and Contractor specifically agree that
each is bound by the representations made by each party within the "RFP" and the "Bid".
Despite their performance of services for County, all employees and agents of Contractor
shall remain the employees and agents of Contractor, and shall not be deemed to be an
employee or agent of County.
2. INSURANCE. MXI Environmental Services LLC, agrees to maintain insurance
as specified in the "RFP" and shall provide Weld County with a certificate of insurance
naming Weld County as an additional insured.
3. COMPLIANCE WITH RULES, REGULATIONS AND LAWS. It is
mutually agreed that the parties to this agreement may be subject to various state and
federal rules, regulations and laws pertaining to the subject matter of this Agreement. The
parties agree that this Agreement shall be subject to and governed by the laws of the State
of Colorado. The parties further agree that Contractor is and shall be subject to federal
rules, regulations and statutes governing the collection, transportation and disposition of
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household hazardous waste, and further subject to the rules, regulations and statutes of
the various jurisdictions through which and to which County's household hazardous
waste materials are taken, in the disposal process. Contractor agrees to abide by all such
federal, state, and local laws, rules and regulations. If any provision contained herein is
found now or during the life of the Agreement to be null and void, in whole or in part as a
matter of law, then said clause or part hereof shall be deemed to be severed and deleted
from this Agreement leaving all other clauses or parts thereof in full force and effect. It
is further agreed that there shall be no gap in the coverage or applicability of said
remaining clauses or parts thereof.
The Contractor agrees to comply with the Federal Commercial Drivers License Drug and
Alcohol Testing Program requirements set forth in 49 CFR Parts 40 and 382.
In acceptance of the Agreement, the Contractor covenants and certifies that it will comply
in all respects with all Federal, State, County, or other Municipal Law which pertain
hereto regarding work on government contracts, matters of employment, length of hours,
workers' compensation and human rights.
The Laws of the State of Colorado shall control this Agreement, and the district Court of
the 19th Judicial District shall have exclusive jurisdiction to resolve any disputes arising
under this Agreement.
4. CONFLICT OF INTEREST. The Contractor hereby stipulates and certifies that
there is no member of the Weld County Legislature or other Weld County Officer or
employee forbidden by law to be interested in the Agreement directly or indirectly, who
will benefit therefore or who is a party thereto.
5. LICENSES. The Contractor hereby agrees that it will obtain, at its own expense,
all licenses or permits necessary for this work, if any are necessary prior to the
commencement of said work.
6. AUDIT. The Contractor shall take such action, if applicable and as necessary and
appropriate, to comply with Federal Circular A-128 relative to Single Audit of Federal
Financial Assistance. In any event,the Contractor shall provide the County with
appropriate documentation should the County wish to conduct an audit relative to
expenditure of funds pursuant to this agreement.
7. ASSIGNABILITY. This contract may not be assigned, transferred, conveyed,
sublet or disposed of without the previous consent, in writing, of the County.
8. TERM OF CONTRACT. This contract shall commence on the 4`h day of
August, 2008 and shall terminate on the 31s` day of July, 2010. Upon notice to Contractor
by June 30, 2009, County may terminate this Agreement at the end of the first year. Upon
notice to Contractor on or before July 1, 2009, County may extend this contract for one
year on the same terms and conditions set forth in this document and Exhibits A and B.
This Agreement may be terminated at any time by either party providing thirty (30) days
written notice to the other. Finally, as a government contract, this agreement is subject to
the availability of finding.
9. CONTRACT PRICES. County shall pay and Contractor may submit invoices
for only those services, materials, equipment and/or personnel specified in Contractor's
Bid. Additional services, materials, equipment and/or personnel may be invoiced and
paid by County only if County authorizes these additions in writing.
10. NO WAIVER OF IMMUNITY. No portion of this Agreement shall be deemed
to constitute a waiver of any immunities the parties or their officers or employees may
possess,nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement."
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT. It is expressly
understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only."
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the
day and year first above written.
MXI Environmental Services, LLC
Ronald Potter, President Date
Attest:
BOARD OF COUNTY
dinalara3/4. COMMISSIONERS, WELD
et ti ft, S COUNTY, COLORADO
ik liam F. Garciachair
• f 4, i 6:-4.1a, JAN 2 9 2009
�
d Coun y Clerk to the Bo.
I')v : u J an n
' Depu Clerk t he Board
Ay.70,9kRM:
aunty Attorney
6Clld' • /if
WELD COUNTY PURCHASING
/ d 915 10TH Street Greeley CO 80631
E-Mail: mwalters(a�co.weld.co.us
f 4 E-mail: reverettco.weld.co.us
Phone: (970) 356-4000, Ext. 4222 or 4223
, Fax: (970) 336-7226
N
DATE OF BID: June 26th, 2008
REQUEST FOR: Household Hazardous Waste Services
DEPARTMENT: Environmental Health Department
BID NO: #60800108
PRESENT DATE: June 30`h, 2008
APPROVAL DATE: July 14`h, 2008 moved to JULY 215T, 2008
VENDORS
CLEAN HARBOR ENV. SERVICES
4721 Ironton Street, Unit#B
Denver CO 80239
PSC
2045 West Union Avenue Bldg. #G
Englewood OC 80110
GREENLEAF ENVIRONMENTAL SERVICES
4943 Austin Park Avenue
Buford GA 30518
MXI ENVIRONMENTAL SERIVES LLC
26319 Old Trail Road
Abingdon VA 24210
VEOLIA ES TECHNICAL SOLUTIONS LLC
9131 East 96`h Avenue
Henderson CO 80640
ENVIROSOLVE
2120 Southwest Boulevard
Tulsa OK 74107
It was the decision of the Weld Board of County Commissioners to award the bid for HHW Services
for the Dept of Public Health and Environment to the low bidder, MXI Environmental Services LLC in
the amount of$66,080.00. (Pricing is located on the memo for the Health Dept to the Board)
WELD COUNTY COLORADO
BY: MONICA DANIELS-MIKA
DIRECTOR OF GENERAL SERVICES
It 0035
77'1-1/°? 2o3?-/?35
• Memolrart i
TO: Monica Daniels
DATE: July 78, 2008
FROM: Trevor Jiricek, Director, Environmental
I Health Services
SUBJECT: Household Hazardous Waste Bid,
II Co 2008 through 2010
CC: Dr. Mark Wallace, Director, WCDPHE
Cherylyn Darnell, Manager HHW
COLORADO
The Environmental Health Division has reviewed the bid proposals for Bid Request Number
B0800108 for the household hazardous waste (HHW) disposal. The proposals were for the time
period of August 1, 2008 through July 31, 2010. Staff evaluated the bids based upon the combined
2007 volume at our HHW collection sites.
Based on the bid proposals submitted, the Division is recommending the County select
MXI Environmental Services, LLC.
MXI Environmental Services presented the lowest bid. A total of four references, all with similar
operations to our HHW Program,were contacted. All references gave favorable responses, ranging
from good to admirable. In addition,the potential MXI contact person was involved in setting up the
initial Weld County HHW Program and has over 18 years experience working with HHW Programs
throughout the United States.
In order to compare these bids we took a representative sample of Weld County HHW waste for
2007. We compared waste categories of highest volume by taking into account the cost to dispose
as well as the disposal methods used.
The table below summarizes this process:
Company Estimated Cost for One Year Disposal Methods
of Services
Veolia $104,915.55 Recycle/Treatment/Fuel Blend/
Incineration
Greenleaf $97,492.25 Recycle/Neutralize/Stabilize/Fuel
Blend/Incineration
Clean Harbors $95,419.62 Recycle/Treatment/Incineration
(destructive and fuel)/Landfill
Envirosolve $86,580.00 Recycle/Treatment/Fuel Blend/
Incineration
PSC $85,211.00 Recycle/Treatment/Fuel Blend/
Incineration
MXI $66,080.00 Recycle/Treatment/Fuel Blend/
Incineration
As noted in the above chart, Veolia, Green Leaf, and Clean Harbors were ruled out due to the
overall higher cost. Staff evaluated the three lowest bids. A summary of advantages and
disadvantages of the three lowest bids follows:
4/Z003J
0? JOS -635
HHW Bid Evaluation
Page 2 of 2
Envirosolve:
Advantages:
• Will provide Certificate of Disposal (CD) prior to payment
• Local office located in Denver, Colorado
Disadvantages:
• Of the three lowest bids submitted, Envirosolve was the highest at $86,580.00
• Household hazardous wastes collected in Weld County will be consolidated with other
household hazardous wastes from other entities, creating a potential conflict, such as
manifest confusion.
PSC:
Advantages:
• Will provide CD prior to payment
• Local office located in Englewood, Colorado
Disadvantages:
• Of the three lowest bids submitted, PSC Environmental was the second highest
at$85,211.00
MXI Environmental Services:
Advantages:
• Of the three lowest bids submitted, MXI presented the lowest bid at $66,080.00
• Will provide CD prior to payment
• Less stringent packing guidelines—inventorying of wastes prior to placing into disposal
containers is time and labor intensive;
Disadvantages:
• MXI Environmental is located in Abingdon, Virginia, having no local contact
In Summary:
All three bids as presented would adequately meet our needs but due to the significantly lower
cost for MXI we recommend using their services.
M:\ENVIRONMENTAL HEALTH SERVICES\Household Ilazardous Waste\2008 Disposal Bid\Memo,2008 Bid.doc
cf9
Memorandum
liD
TO: Marcia Walters
OPurchasing
From: Cheryl Darnell
COLORADO
DATE: July 11, 2008
SUBJECT: HHW bids
Marcia,
In order to complete evaluation of the HHW bids and to finish interviewing
references we are requesting an additional week before we submit our choice to you.
Please let me know when you need our recommendation to get it presented sometime
during the week of July 21st. Please let me know if you have any concerns about this.
Thank you,
Cheryl Darnell
Ext 2270
r . • •
WELD COUNTY PURCHASING
4\5. / 915 10TH Street Greeley CO 80631
E-Mail: mwalters(a�co.weld.co.us
4,40
� E-mail: reverettco.weld.co.us
' Phone: (970) 356-4000, Ext. 4222 or 4223
Fax: (970) 336-7226
°UN
DATE OF BID: June 26`h, 2008
REQUEST FOR: Household Hazardous Waste Services
DEPARTMENT: Environmental Health Department
BID NO: #60800108
PRESENT DATE: June 30`h, 2008
APPROVAL DATE: July 14th, 2008 moved to JULY 215T, 2008
VENDORS
CLEAN HARBOR ENV. SERVICES
4721 Ironton Street, Unit#B
Denver CO 80239
PSC
2045 West Union Avenue Bldg. #G
Englewood OC 80110
GREENLEAF ENVIRONMENTAL SERVICES
4943 Austin Park Avenue
Buford GA 30518
MXI ENVIRONMENTAL SERIVES LLC
26319 Old Trail Road
Abingdon VA 24210
VEOLIA ES TECHNICAL SOLUTIONS LLC
9131 East 96th Avenue
Henderson CO 80640
ENVIROSOLVE
2120 Southwest Boulevard
Tulsa OK 74107
**BIDS ARE BEING REVIEWED BY THE DEPARTMENT AT THIS TIME"
7�/V�oi CO35
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