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Home My WebLink AboutLITTLE GUYS MOVERS - CONTRACT - RFP - P1060 RESIDENTIAL REFRIGERATORRefrigerator Recycling Form of Agreement RESIDENTIAL REFRIGERATOR/FREEZER COLLECTION AND TEMPORARY STORAGE SERVICES AGREEMENT THIS AGREEMENT is made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, a municipal corporation, hereinafter referred to as the "City" and Little Guys Movers, hereinafter referred to as "Contractor' . 1.0 Definitions. The following terms, whether in the singular or in the plural, when used in this Agreement, shall have the meanings specified; 1.1 Agreement: This document, including the exhibits thereto, and the terms and conditions contained therein, as may be amended or supplemented. 1.2 CFCs/HFCs/HCFCs: Chlorofluorocarbon, Hydrofluorocarbon and Hydrochlorofluorocarbon refrigerants found in Refrigerator and Freezer cooling systems. 1.3 CFC-11: Chlorofluorocarbons contained in Refrigerator and Freezer insulating foam. 1.4 Customers: Individual residential and "general service" small commercial customers of the City of Fort Collins Electric Utility who qualify for participation in the Program. 1.5 Freezer: A freezer which provides supplementary cold storage to a primary freezer, or the freezer section located within a Refrigerator, in a residential household. 1.6 Mercury: Mercury -containing components such as lid tilt -switches found in Freezers. 1.7 PCBs: Polychlorinated Biphenyls. 1.8 Program: The Residential Refrigerator/Freezer Recycling Program to be implemented by Contractor pursuant to this Agreement. 1.9 Refrigerator: Refrigerator used as the principal means of storing cold foods in a residential household. 1.10 Regulated Substance: Any substance or material, including waste substances, which has been designated as hazardous or toxic by the U.S. Environmental Protection Agency or the Colorado Department of Public Health and Environment. 1.11 Stop: A single address for collection of one or more qualified appliances. 05/17/2007 11:41AM Pinnacol Assurance PAGE 2 OF 3 CERTIFICATE OF LIABILITY INSURANCE DATE (OyMID007 DNYY) PRODUCER INNA CTHIS 7501 E Lowry Denver, CO 8D230-7D06 wry Blvd ASSURANCE Den 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 NAICO INSURED LITTLE GUYS MOVERS, INC. 109 INDUSTRIAL ST DENTON TX 76201 INSURER PINNAGOL ASSURANCE 41190 NSURER S: INSURER C, INSVRFR D: INSVRER E: COVERAGES I R THE POLICY PERIOD INDICATED. NOTWITHSTANBNU— ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR MD-L POLICY EFFECTIVE POUOY ENPIMTON LTR INSRD TYMOFINSURANCE FOUCY WWISR DATSIMMNDNYYYI DATWNS DNYYYI UNITS OENEML LWEE.ITT I HOCCUMENCE DMMOE TO RENTED OOMMERCIALOENEMLUAPUTY CWW MADE OCCUR PREMISES MID ENP enr Rpn FERSOMLAADVIN Y ONNEPALMORICATE OENLAOOREGATE UNTMPLISRS PER: PRODUCTS• COW/Op MO POUCY PRO.ECT F1 LOC ALIT INNNSI UASEUTY COMEINED SING UWT MY AUTO SNAUIONRO SOOLYINNRY ALL WAUTOS SOHEDULSDAUTOS jpupmscej SODILYINJURY HIREDAUTOS NDNOIJNEDAUTOS eINGNER: PROPERTY OE IPrIN<IDrIIO "MON LWSIUTY AUTOOMY-EA ACCIDENT OTHER THAN EAACC ANY AUTO AUTO ONLY: AGO EICESSRIMNELLA IJINIUT7 EACH OCCURRENCE AGGREGATE OCCUR 11 CUNWMME DEDUCTRAI RETENTION 4 WORIORSOONPIMATHOAND WCSTATU• OTHER A esLOYERi LWSN.ITY MY FROPRIETORJMRTNEVEXECUTIVE 4015049 Di/D12007 01/011200B TORY UNTO ■LMOHAIMOINT 500000 oPRDERAaEMnR EXewowr LLMINIAS• SA ELFLOYEN E00000 tt TrA plrauersulSr uWeISIECIALPROVIRONi DMVA OLDIfEAq•P000Y OMIT 36DOLOOO DTISIR DESCRIPTION OF OPMA7I0NI&OCATIONi14HI=SMXCLUiIONB ADDED BY ENDORSEMENT17PEC1AL PROVISIONS CERTIFICATE HOLDER CANCELLATION 989936 SHOULD Y OF THEABOVE D I CANCEL B FORT COLLINSS UTILITIES THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR T PO BOX 580 MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE FORT COLLINS CO 80522 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25(2001/08) Charles Doggett Underwriter ACORD CORPORATION 1988 05/17/2007 11:41AM Pinnacol Assurance PAGE 3 OF 3 CERTIFICATE HOLDER COPY FORT COLLINSS UTILITIES PO BOX 580 FORT COLLINS CO 80522 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, certian 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 after the coverage afforded by the policies listed thereon. Refrigerator Recycling Form of Agreement authority, all necessary and proper decisions regarding the Project. All requests for contract interpretations and other clarification or instruction shall be directed to the City Representative. 7.0 Notices. All notices provided for under this Agreement shall be effective when mailed, postage prepaid, and sent to the following addresses: If to the City: John Phelan Fort Collins Utilities PO Box 580 Fort Collins, CO 80522 If to the Contractor: Zachary Smith Little Guys Movers 104 Pinon Street Fort Collins, CO 80524 With a Copy to: Opal Dick Fort Collins Utilities PO Box 580 Fort Collins, CO 80522 With a Copy to: 8.0 Warranty, Compliance with Laws, and Permits. Contractor shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by Contractor, and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contractor warrants to the City that the Work shall be performed in a competent manner, in accordance with this Agreement, and that the acceptance, removal collection, warehousing, inventorying, handling and storage of the Refrigerators and Freezers and all Regulated Substances shall be in accordance with (a) the requirements of this Agreement and (b) applicable local, state, and federal laws and regulations in effect at the time the work is performed. Prior to performance of any services pursuant to this Agreement, Contractor shall, at its own cost, have obtained, and shall have required any subcontractors to obtain, all licenses and permits required by law, rule, regulations and ordinances to engage in the activities required in connection with this Agreement. 9.0 Paragraph 9.0 "Responsibility for Regulated Substances" deleted. 10.0 Indemnification. The Contractor shall indemnify, defend, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City, and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Contractor's negligence, errors, omissions or willful misconduct incident to the performance of any of the services furnished under this Agreement, Contractor's failure to comply with any pertinent law, rule, regulations or ordinances regarding 3 Refrigerator Recycling Form of Agreement 11.2.1 Workers' Compensation Insurance The Contractor shall provide Workers' Compensation insurance covering all of the Contractor's employees in accordance with the laws of any state in which the work is to be performed and including Employer's Liability insurance and a Waiver of Subrogation in favor the City of Fort Collins. The limit for Employer's Liability coverage shall be not less than $1,000,000.00 each accident and shall be a separate policy if not included with Workers' Compensation coverage. Evidence of such insurance shall be in the form of a special endorsement of insurance. Workers' Compensation/Employer's Liability exposure may be self -insured provided that the City is furnished with a copy of the certificate issued by the state authorizing the Contractor to self -insure. Contractor shall notify the City by receipted delivery as soon as possible of the state withdrawing authority to self -insure. 11.2.2 Commercial General Liability Insurance The Contractor shall provide Commercial General Liability insurance with Blanket Contractual Liability, Independent Contractors, Broad Form Property Damage, Premises and Operations, Products and Completed Operations, and Personal Injury coverages included. Such insurance shall provide coverage for total limits actually arranged by the contractor, but not less than $1,000,000.00 combined single limit per occurrence. Should the policy have an aggregate limit, such aggregate limits should not be less than double the Combined Single Limit and be specific for this contract. Umbrella or Excess Liability coverages may be used to supplement primary coverages to meet the required limits. Evidence of such coverage shall provide for the following: 1) Include the City and its officers, agents, and employees as additional insureds with the Named Insured for the activities and operations under the contract. 2) A description of the coverages included under the policy. 11.2.3 Commercial Automobile Liability Insurance The Contractor shall provide Commercial Automobile Liability insurance which shall include coverages for liability arising out of the use of owned, non -owned, and hired vehicles for performance of the work as required to be licensed under Colorado or any other E Refrigerator Recycling Form of Agreement except as provided by lawful court order or subpoena, in which case Contractor shall give the City advance written notice of such order or subpoena. 15.0 Title. Title to collected Refrigerators and Freezers and the Regulated Substances contained therein shall pass to Contractor upon collection from customers and to Jaco Environmental upon pickup of stored units. 16.0 Monitoring of Work. 16.1 Records and Audits The Contractor shall maintain records and books of accounts showing all costs and expenses incurred by the Contractor for this Agreement, and documenting all environmental or other regulatory compliance activities related to the performance of services hereunder. The City shall have the right, upon reasonable notice, to audit the books, records, documents, and other evidence and the accounting procedures and practices, where needed, to verify the costs and expenses claimed. The Contractor shall retain such books and records, and the City shall retain the right to audit them, for at least three years after final payment and until all disputes, appeals, litigation, or claims have been resolved. This right to audit shall also include inspection at reasonable times of the Contractor's office or facilities which are engaged in the performance of the Agreement. In addition, the Contractor shall, at no expense to the City, furnish reasonable facilities and assistance for such an audit. Upon request, Contractor shall also provide copies of documents applicable to this Agreement. The audit findings shall, to the extent allowed by law, be treated by the City as confidential. 16.2 Right to Review Services, Facilities, and Records The City reserves the right to review any portion of the services performed by the Contractor under this Agreement, and the Contractor agrees to cooperate to the fullest extent possible. The right of the City to review or approve drawings, specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by the Contractor shall not relieve the Contractor of any obligation set forth herein. 17.0 Acceptance not Waiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The City's approval or acceptance of, or payment for, any of the services provided hereunder shall not be construed to operate as a waiver of any of the rights or benefits provided to the City under this Agreement. Refrigerator Recycling Form of Agreement 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 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 Fort Collins Utilities 14 January 17, 2007 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 Refrigerator Recycling Form ofAgreemenl IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written below. ATTEST: Corporate Secretary THE CITY OF FORT COLLINS, COLORADO By: J me . O'Neill II, CPPO, FNIGP Dire f Purchasing and Risk Management Date: Little Guys Movers By: r [Print Name]: Title: [Corporate President or Vice President] 11 Refrigerator Recycling Scope of Services EXHIBIT A SCOPE OF SERVICES Refrigerator Recycling Scope of Services ➢ Provide collection vehicles, tools and equipment necessary for safe and efficient appliance removal. Vehicles must maintain the City's image for quality and service; ➢ Verify units to be collected meet eligibility criteria (e.g. working condition, size); ➢ Remove appliances from within the home or business; ➢ Disable units according to training provided by Fort Collins Utilities (cut power cord, disable cooling control); ➢ Mark each unit with unique tracking number provided by Fort Collins Utilities; ➢ Coordinate location for temporary storage of units at an approved location; ➢ Store appliances in compliance with all federal, state and local regulations; and ➢ Provide access for Jaco Environmental to periodically pickup appliances in bulk for transportation to their recycling facility. Customer Service Utilities places a very high value on quality customer service. The contractor will: ➢ Maintain the highest levels of professionalism and courtesy in all customer interactions; ➢ Refer customer questions that cannot be answered and unresolved customer complaints to Utilities within one business day of occurrence; and ➢ Maintain confidentiality of all Utilities customer information except as expressly authorized by the City. Program tracking and reporting The contractor will: ➢ Submit monthly invoices to Utilities for payment with documentation of services provided, including; o Copies of collection paperwork with participant name, address, type of appliance and location from which it was removed; o Number of appliances collected or rejected; o Names of participants whose appliances were rejected and reasons for rejection of appliances; 4. PROGRAM GOALS The Program has collected an average of 700 units per year for the last three years. The goal of the new program is to have weekly collections averaging 20-25 appliances per week. The total number of appliances for 2007 is expected to be between 700 and 900. Utilities expects to retain a contractor for the remainder of 2007 and 2008. 3 05/23/2007 16:16 FAX 7706678348 AEGIS INSURANCE SERVICES IA001/001 40RD^ CERTIFICATE OF LIABILITY INSURANCE m g E705 ADD/ 07 LITTL-Z 05 29 07 PRODUCER THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Aegis0C InsCotton Services a HOLDALTER THE COVERAGE AFFORDED MY THE PORTIFICATE DOES NOT LICIES BELOW. EMNO OR 260 Cotton liold Court Alpharetta r.A 30022 Phono: 770-360-5565 INSURERS AFFORDING COVERAGE NAIC A INVIVIIIIIIII)INsU RA: VA6LMar TnV =b M. - VAR 21172 INSURER E: I+' ti#tle Guys Movers, Inc, INSURERC: 1�4 Pine 9tx**t80524-3112 IN5URERD Fact Co iae COO INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTNBTANDING ANY REOUYRIMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCLNINT WITH RESPECT TO WINCH THIS OCRTIFIOATE MAY BE ISBUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIED HEREIN 18 SUEJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF BUCN POLICIES. AGGREGATE LIARS SHOWN MAY HAK KEEN R50WO SY PAID OWMa. TYPE OF WSURANCK POLICY NUMBER DATE (EMIDDIM DATE L8BII8 A GENW"LMNLI(Y x COMMIRCIALGENERAL LIABILITY CLOJW MADE QOCCUR GLV3001600 09/24/06 08/24/07 EACH OCCURRENCE 1110001000 P I MID IVwwISM pmm) 15,000 PERSONAL A AN INJURY a i 000 000 GENERALAGGI{EGATE s2,000,000 CENL AGGREI.ATE LIMIT APPLIII PIR' x POLICY JjC'T F7 LOC PROOUCTB-COMPI0PA0G 32 000,000 A AUTOMOBILE x UABEJTY .NY.0 ALL OWNCOAVTOB SCHEDULEDAIJMS MIRED AUTOB NON."ED AUTOS ev3To �ooiso3 HIRED PRYSICAL DMQGZ 51,066 C6Lo 6ADOCT aL,00A COLT Benue* 09/24/06 09/24/07 COMEINID AINGLI LIMB Me EMIda') a;1r000, 000 X X BODILY INJURY (Per perw) a BODILY INJURY (Peread6all) a PROPERTY DAMAGE jeer 00MMI) 5 GARAGE WLITY ANY AUTO NOT APPLICABLE) AUTO ONLY -EA ACCIDENT a OTHER THAN EA ACC AURA ONLY: AGO a A EXGEEEIDNERELLA WIEILITY X OCCUR ❑ MAW MADE DED=MLS X RETENTION $10 000 UMV3011601 08/24/06 08/24/07 EACH OCCURRENCE S l 000 000 AGORCOATG 81,000,000 a S a WORKERS OOIVENMTK)N AND EMPLDYW' LIABILITY ANY PROPRIETOWPARTNENFXECUTNE OFFICERREMEER EXCLUDED? Iyse 6MMEe under SPCCIAL PRomom hakr NOT APPLICABLE TORY LIMITS 0i- EL EACH ACCIDENT I I.L. DISEASE - B• EMPLOYE a E.L DMEAt'E-POLICY LIMIT a A OTHER CARGO COVZPJM cGV3001600 00/24/06 08/24/07 80,000 Per Vehicle 40,000 BOL DESCRIPTION OF OPERAnoNE / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSOMW I S►eaAL PROYMIONS PROOF OF INSVFIANCS PROOF OF INEURANCL PROOF OF iN2DR11= CITY OF SORT COLLINS ATTN: OPAL 700 STOOD STAKS7 FT. COLLINS CO 80522 CITYor ENOULB ANY OP THE ABOVE ORBCFIeµ POL M EE CANCELL®EEPORE THE EXPIRATION DATE THEREOP. THE BIEW NG MUR WILL MININVOR TO MAL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE YO oO IO INALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY FIND UPON YNI NSURL% TM AGENT81 OR