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HomeMy WebLinkAbout109244 WASTE MANAGEMENT OF NORTHERN COLORADO - CONTRACT - BID - 6052 PORTABLE TOILETS RENTAL & SERVICE (2)SERVICES 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 Waste Management of Northern Colorado, 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: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence June 1, 2007, and shall continue in full force and effect until May 31, 2008, 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 four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver -Boulder -Greeley CPI-U as published by the Colorado State Planning and Budget Office will be used as a guide. 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. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written rev 09/01/06 1 General Requirements 1. Each portable toilet shall display a record of service clearly identifying personnel performing service and date of service. 2. Pick up of canceled units or of units reaching their pre -established termination date will be made within one week of cancellation or termination. 3. Units will be anchored, at the expense of the Contractor, where necessary. 4. Minor repairs of units will be made on site when possible. Any unit which cannot be repaired on site must be exchanged within 48 hours. 5. Contractor must insure that toilet tissue will be placed in all units at the time of service. 6. Units which have been overturned shall be righted by the Contractor at no charge to the City. 7. Each unit shall be equipped with original equipment or the manufacturer's replacement parts. Units with altered or rigged equipment will not be accepted, i.e., eye and hook as replacement for locking mechanism. 8. Each unit shall be equipped with a working lock system, occupied/vacant indicator, tissue paper holder that is firmly attached to the unit per manufacturer's specification, seat cover shall be hinged and in working order. All other equipment shall be in working order. 9. All units shall be consistent in color, appearance and age. These units are for public use and must represent a positive image. 10. Frequency of cleaning units must be maintained, i.e. weekly or daily. If awarded contractor misses cleaning any units more than two times per year, City has the right to cancel contract and award a new contract with next low responsive, responsible bidder. 11. Awarded contractor will be responsible for replacement of portable toilet if damaged by an act of God. City will be responsible for replacement if damaged by vandalism. 12. The Contractor shall provide one single point of contact to the City to handle any service issues, and notify the City immediately if there is a contact change. The Contractor shall also provide one single point of contact to the City to handle any billing issues. The Contractor agrees to hold prices firm for the term of the Annual Contract. Any price adjustment requests for the following year will be submitted when the Renewal Letter is sent out; the City of Fort Collins uses the Denver Boulder Greeley CPIU index published by the Colorado State Planning and Budget Office as a guide. The contractor agrees that they will not charge the City any Fuel Surcharges, Finance Charges, or Late Charges. All billing will be sent to the Accounts Payable Department at P.O. Box 580, not to the individual departments. 13. The Contractor agrees to stress the importance to their Drivers to obey all posted speed limits on City of Fort Collins and Natural Areas streets, access roads, and trails. Repeated violations may be cause for contract termination. GENERAL SERVICES: PORTABLE TOILET LOCATIONS These portable toilets need once a week service. (Date of service is 10/17/07 to 4/17/08) (Legacy, Rolland Moore B-ball, NACC, and Dog Park are year'round) These are the locations known at Bid time. Actual locations and quantities may vary, at the discretion of the Area Project Manager. Site Address Number of Units PARKS Buckingham Park 101 First St. 1 accessible City Park Ballfields 211 S. Bryan Ave. 1 accessible City Park Playground 211 S. Bryan Ave. 1 accessible Cottonwood Glenn 3074 S. Overland Trail. 1 accessible Dog Park (Spring Canyon) Horsetooth Rd. & Horsetooth Ct. 2 Edora Park Ballfields 1420 East Stuart Street 1 accessible Edora Park BMX Track 1801 Riverside 1 accessible 1 regular English Ranch 3825 Kingsley Drive 1 Fort Collins City Park 1599 City Park Drive 1 accessible Greenbriar Park 730 Willox Lane 1 Homestead Park 7045 Avondale Dr. 1 Legacy Park 300 Woodlawn Drive 1 Martinez Park 600 N. Sherwood 1 accessible Old Fort Collins Heritage 112 E. Willow 1 Park NACC Rolland Moore Basketball 2201 South Shields Street 1 Rolland Moore Playground 1 accessible Rolland Moore Tennis 2 accessible Spring Park 2100 Matthews St. 1 accessible Troutman Park 500 W. Troutman Parkway 1 GOLF COURSES City Park Nine 411 S Bryan Ave. 1 accessible 5 winter months only) Collindale Golf Course 1441 E Horsetooth Road 2 SouthRid a Golf Course 5750 S Lemay Ave unknown CEMETERY: Weekly service from March to November. Monthly service December to February. Roselawn Cemetery 2718 E. Mulberry 1 NATURAL AREAS Gustav Swanson 445 Linden St. 1 accessible N. Shields Pond 1333 N. Shields St 1 accessible Riverbend Ponds 2425 Countryside Dr. 1 Soapstone Prairie 3700 Soapstone Prairie Rd. 1 accessible 25 mi north on 1-25 A) Contractor Contacts: SERVICE ISSUES CONTACT: Jennifer West TELEPHONE:970-416-3552 FAX:970-482-4491 EMAIL: jzwest@wm.com CELL #: 970-567-5280 EMERGENCY: N/A BACKUP: Kaycee Roth BILLING ISSUES CONTACT: Amy Wenger TELEPHONE:970-416-3567 FAX:970-482-4491 EMAIL: awenger@wm.com CELL #: N/A EMERGENCY: N/A BACKUP: Jennifer West B) City Contacts: Mike Calhoon, Parks & Recreation TELEPHONE: (970) 221-6128 FAX: (970) 221-6849 EMAIL: mcalhoon(a)fcgov.com Jim Miller, Natural Resources TELEPHONE: (970) 416-2133 FAX: (970) 224-6177 EMAIL: 9miller[ilfcgov.com Doug Evans, Collindale Golf Course TELEPHONE: (970) 221-6292 EMAIL: devans@fcgov.com Randy Bonneville, Southridge Golf Course TELEPHONE: (970) 416-2787 EMAIL: ronneville@fcgov.com Jim Higgins, City Park Nine Golf Course TELEPHONE: (970) 221-6653 EMAIL: jhiggins(a�fcgov.com Jim Schwartz, Light & Power TELEPHONE: (970) 221-6393 EMAIL: Schwartz a-fcgov.com Contract Service Issues: EMERGENCY: (970) 221-6775 BACKUP: Ed Bonnette (970) 221-6775, Purchasing EMAIL: ebonnetteaa fcgov.com CITY BILLING ISSUES CONTACT: Louisa Liu TELEPHONE: (970) 416-2438 FAX: (970) 221-6782 EMAIL: LLiu@fcgov.com CELL #: N/A EMERGENCY: (970) 221-6788 BACKUP: Linda Brown (970) 416-2441 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: Service Provider: City of Fort Collins Purchasing Division Waste Management of Northern Colorado PO Box 580 500 E. Vine Drive Fort Collins, CO 80522 Fort Collins, CO 80524 Attn: Ed Bonnette, C.P.M., CPPB, Buyer Attn: Michael Pintar, Account Manager 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, subject to additions and deletions provided herein, per the rates per unit established in Exhibit A — Scope of Work. 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 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 rev 09/01/06 2 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. All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use. C. Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade 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 good shall be 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 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 party's reasonable attorney fees and rev 09/01 /06 3 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, 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, P. O. Box 580, Fort Collins, Colorado 80522 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 rev 09/01/06 4 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. 17. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 5 rev 09/01/06 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C. R. S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 6 rev 09/01/06 CITY OF FORT COLLINS, COLORADO a municipal corporation By: James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: Waste Management of Northern Colorado By: PRINT NAME CORPORATE PRESIDENT OR VICE PRESIDENT Date: (Corporate Seal) ATTEST: CORPORATESECRETARY rev 09/01/06 EXHIBIT B INSURANCE REQUIREMENTS 1. 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. rev 09/01106 8 EXHIBIT A - SCOPE OF WORK GENERAL SERVICES These are the estimated quantities of units known at Bid time. Actual locations and quantities may vary, at the discretion of the Area Project Manager. Daily rental of portable toilets to be serviced once per week (for special events) Estimate 4 @ $65.00/Each = $260.00 Total Daily rental of handicapped -accessible portable toilets to be serviced once per week (for special events) Estimate 2 @ $95.00/Each = $190.00 Total Monthly rental of portable toilets to be serviced once per week (see General Services Locations; Parks, Golf Courses, Natural Areas) 14 @ $65.00/Each = $910.00 Total Monthly rental of handicapped -accessible toilets to be serviced once per week @ "normal" locations (see General Services Locations; Parks, Golf Courses, Natural Areas) 15 @ $95.00/Each = $1425.00 Total Monthly rental of handicapped toilet to be serviced once per week @ Soapstone Prairie (& other "remote" locations) 1 @ $140.00/Each = $140.00 Total GRAND TOTAL GENERAL SERVICES: $2925.00 4T" OF JULY The portable toilets (forty-four (44) regular and eight (8) handicapped) must be delivered and set at various locations, as indicated by the Park Supervisor, by 5:00 a.m. on July 4, 2007 and removed on July 5, 2007 before 9:00 a.m.. The awarded vendor must supply the Park Supervisor with twelve (12) keys for the portable toilet paper holders before 12:00 p.m. July 3, 2007. Awarded vendor must supply 1 case (250 rolls) of toilet paper and must supply 40 special events boxes with liners for recycle materials July 4. 44 regular portable toilets at $50.00/ea X 44 = $2200.00 total 8 handicapped portable toilets at $65.00/ea X 8 = $520.00 total 1 case of toilet paper = $250.00 total 40 special events boxes with liners at $9.50/ea X 40 = $380.00 total GRAND TOTAL4th of JULY: $3350.00