Loading...
HomeMy WebLinkAbout132133 WASTE-NOT RECYCLING - CONTRACT - BID - 5001 OFFICE RECYCLING PROGRAMSERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Earth Enterprises, Inc./DBA Waste -Not Recycling, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence upon signing of Agreement, and shall continue in full force and effect until December 31, 1998, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed one (1) additional one year period. Pricing changes shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. SA 7/93 EXHIBIT C Recycling Services - City of Ft Collins 1998 Office Collection Rates Building Collection Schedule Cost per Pickup per Bldg Total Annual Cost Cost per month City Hall West weekly $ 15.00 $ 780.00 $ 85.00 City Hall East weekly $ 15.00 $ 780.00 $ 65.00 ICS Annex (321 Maple) monthly $ 18.00 $ 216.00 $ 18.00 281 N College (CPES) weekly $ 15.00 $ 780.00 $ 65.00 Neighborhood Resources monthly $ 18.00 $ 216.00 $ 18.00 Purchasing monthly $ 18.00 $ 216.00 $ 18.00 Human Resources weekly $ 12.00 $ 624.00 $ 52.00 Facilities monthly $ 18.00 $ 216.00 $ 18.00 TOTAL (General Fund) $ 129.00 $ 3,828.00 $ 319.00 L!bFaFy ARnex-delete 1/1/98 menthFy Library weekly $ 18.00 $ 936.00 $ 78.00 Youth Center monthly $ 20.00 $ 240.00 $ 20.00 Recreation (Howes) bi-weekly $ 12.00 $ 312.00 $ 26.00 Park Shop weekly $ 18.00 $ 936.00 $ 78.00 Lincoln Center bi-weekly $ 22.50 $ 585.00 $ 48.75 Senior Center weekly $ 10.00 $ 520.00 $ 43.33 Southridge Golf Course bi-weekly $ 18.00 $ 468.00 $ 39.00 Collindale Golf Course weekly $ 10.00 $ 260.00 $ 21.67 City Park 9 weekly $ 8.00 $ 208.00 $ 17.33 Lee Martinez Farm monthly $ 18.00 $ 216.00 $ 18.00 EPIC monthly $ 18.00 $ 216.00 $ 18.00 Warehouse /L&P Service Center weekly $ 7.50 $ 390.00 $ 32.50 Water / Service Center weekly $ 3.75 $ 195.00 $ 16.25 Wastewater / Service Center weekly $ 3.75 $ 195.00 $ 16.25 Water Treatment Plant monthly $ 20.00 $ 240.00 $ 20.00 Wastewater Treat Plant monthly $ 20.00 $ 240.00 $ 20.00 Streets monthly $ 18.00 $ 216.00 $ 18.00 Equipment Services monthly $ 18.00 $ 216.00 $ 18.00 Stormwater/Transportation every 21 days $ 7.50 $ 135.00 $ 11.25 Stormwater/Transportation every 21 days $ 7.50 $ 135.00 $ 11.25 Transfort bi-weekly $ 12.00 $ 312.00 $ 26.00 Revenue/Sales Tax bi-weekly $ 5.00 $ 130.00 $ 10.84 Revenue/Sales Tax bi-weekly $ 5.00 $ 130.00 $ 10.84 Smart Trips monthly $ 18.00 $ 216.00 $ 18.00 TOTAL (Non-GF) 318.50 $ 7,647.00 637.26 PFA Administration bi-weekly $ 12.00 $ 312.00 $ 26.00 PF Station 1 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 2 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 3 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 4 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 5 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 6 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 7 weekly curbside $ 8.00 $ 416.00 $ 34.67 PF Station 10 bi-weekly curbside $ 8.00 $ 208.00 $ 17.33 PF Station 11 (Training) weekly curbside $ 8.00 $ 416.00 $ 34.67 TOTAL - PFA $ 84.00 3,848.00 $ 320.68 MONTHLY TOTAL Is 531.50 12/17/97 sheet? 4. Early Termination byCily/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: City: City of Fort Collins P.O. Box 580 Ft. Collins, CO 80522 Service Provider: Waste -Not Recycling 1205 Hope Avenue Pierce, CO 80650 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The City shall pay the Service provider for the performance of this Contract, according to amounts stated in Exhibit C. [Option Cost Breakdown is attached Exhibit "C"j 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 7. Independent Service provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation SA 7/93 2 hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 8. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 10. Warranty. (a) Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. (b) Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. (c) Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to SA 7/93 3 the terms of this agreement, such party may be declared in default thereof. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit B, consisting of one (1) page, SA 7/93 4 attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, 256 West Mountain Avenue, Fort Collins, Colorado 80521 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 15. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 16. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. CITY OF FORT COLLINS, COLORADO a municipal corporation B : Y Ja s . O'Neill II, CPPO Di or of Purchasing and Risk Management Date: Earth Enterprises, Inc. /} Doingbusinessas Waste -Not Recycling By? C� � • (.,870t Aiih% P. 0vmer PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date:�g _ ATTEST (Cor o ate Seal) CORPORAT SE /RETARY SA 7/93 5 EXHIBIT A SCOPE OF WORK 00300 Office Recycle Collection The successful bidder, hereinafter referred to as Contractor shall be responsible for collection of source -separated (pre -separated by City -staff) recyclable materials generated in the daily operation of City facilities, subject to approval by the City, as listed in Attachment A and Attachment B to Exhibit C. The cost of all containers and labor required shall be included in the Contractor's bid price. All regularly scheduled pick-ups must be completed on schedule, excluding unavoidable circumstances. If the contractor misses three or more consequently scheduled pick-ups during a calendar year, the contract may be cancelled. Requests for unscheduled pickups shall be honored by the Contractor. All non-scheduled pickups must be completed within 24 hours of the request. Requests for additional containers shall also be honored, within 24 hours of the request. The contractor shall collect recyclable materials from indoor recycling containers from all building collection points shown on Attachment A. The required pick-up frequency schedule shown on Attachment A is based on current building recyclable material volumes. Locations with special requirements are indicated on Attachment B. Each contractor shall describe all information relative to containers (type, size, color) they propose to provide for recyclables in this bid. The City shall be allowed to inspect such containers and approve before bid award. 00305 List of Recvclables to be Collected The following list of recyclables must be picked up by the Contractor. • office paper (white & colored) • computer paper (green bar & white) • junk mail (opened) • newspaper • magazines and catalogues • aluminum and steel cans • glass bottles and jars • plastic #1 (PET) and #2 (HDPE) bottles and jugs • corrugated cardboard • paperboard The Contractor shall not deliver the recyclable products to any site other than a recycling facility. 4 00315 Recycling Containers The Contractor shall provide all necessary indoor and outdoor recycling containers at designated City sites (Attachment A and B) for the accumulation of recyclables, such containers to be maintained in good working order, condition, and appearance. The containers shall be of sufficient capacity to store the recyclables and prevent overflow according to the specified collection schedule. The City will provide employee desk -side or under -the -desk containers. Central office, and building storage containers shall meet Fire Code regulations. All containers, except building storage containers, shall stay on City premises at all times. Storage containers can be removed and immediately replaced by Contractor. All containers shall be kept in good condition and appearance (working order) throughout the term of this contract. All graffiti must be removed from outside containers or replaced with non -graffiti containers within 48 hours. Containers must be replaced at the City's request, within 48 hours. The Contractor shall provide all necessary labor and equipment to remove recyclables from the designated areas and to load into its trucks. Pick-up of the recyclables will occur during regular business hours on a regularly scheduled basis approved by the City Representative. The Contractor will, at times, be required to make special collections, and provide containers for same. Such special collections may include, but not be limited to, telephone books or large quantities of collected recyclables. Contractor is responsible for replacing containers (at contractors expense) in the event of theft, breakage, loss, or the addition of buildings. Contractor will provide, at Contractor's expense, all necessary recycling containers within one week of notification of contract signing, unless extended by the City, at its sole discretion. 00325 Contaminated Product The City will be responsible for separating the recyclable materials into the appropriate storage containers provided by the Contractor. The Contractor shall notify the City's Representative of any designated recycling area that continually has excessive amounts of contamination. The Contractor will provide the City with a list of allowable and non - allowable contaminants within one week of notice of award. 00345 Invoice Forms Invoice Forms shall be approved by the City Accounting Division prior to use. The Contractor shall respond positively to modifications requested by the City. The Contractor shall send the City two monthly invoices for recycling 5 collection. One invoice (12 month recur) must include all monthly recycling services which remain constant throughout the year (same charge every month). The other invoice must include charges which fluctuate (approximately every 4 or 6 months) throughout the year. 00350 Addition/Deletion Procedure The City Representative must be notified of all additions/deletions to the original work schedule and changes must be approved prior to billing. The nature, location, price and name of City person requesting change must be included with the notification. A new line must be added to the invoice as a separate charge and not added to location. 11 EXHIBIT B INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement" "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance.