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HomeMy WebLinkAboutRFP - P1060 RESIDENTIAL REFRIGERATOR (2)Refrigerator 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. Refrigerator Recycling Scope of Services Fort Collins Utilities Scope of Work Residential Refrigerator/Freezer Collection and Temporary Storage Services 1. INTRODUCTION The Residential Refrigerator/Freezer Recycling Program is part of a broad effort to reduce electrical energy consumption and peak electrical demand in Utilities service territory. The primary objective of this Program is to decrease the number of older inefficient refrigerators and freezers in general use, and by doing so, deliver long-term electric energy savings and peak demand reduction. 2. PROGRAM DESCRIPTION The Program is designed to reduce energy usage by allowing customers to dispose of their operable, inefficient primary and/or secondary refrigerators and freezers in an environmentally safe manner. All Fort Collins Utilities electric customers are eligible for participation. Qualifying refrigerators or freezers must be working (cooling) and have a rated capacity between 14-27 cubic feet. Residential customers may turn in no more than two refrigerators or freezers or a combination of one refrigerator and freezer per dwelling unit per year. In exchange for each primary and/or secondary refrigerator and freezer collected customers receive a cash incentive. Appliances collected by the program are, under no circumstances, to be returned to service. Comprehensive recycling for all collected refrigerators and freezers is an essential component of the Program. The Program has been managed and delivered through Jaco Environmental for 2004 through 2006. Utilities is restructuring delivery of the program activities for 2007. The new program will have Utilities staff scheduling appointments for collection, Little Guys Movers providing collection and storage services and Jaco Environmental providing transportation, recycling and hazardous materials handling. 3. SCOPE OF SERVICES The contractor will provide the following services: ➢ Appliance collection and storage, and ➢ Coordination with Utilities and Jaco Environmental; Appliance collection and storage The contractor will: ➢ Hire and train drivers; 2 Refrigerator Recycling Form of Agreement 1.12 Utilities: The City of Fort Collins Utilities Services. 1.13 Work: Any and all of the obligations of Contractor to be performed as part of the Program pursuant to this Agreement. 2.0 Scope of Services. Contractor agrees to provide refrigerator and freezer collection and temporary storage services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by reference. 3.0 Time of Commencement and Completion of Services. The Work to be performed pursuant to this Agreement shall be initiated within thirty (30) days following execution of this Agreement. Unless sooner terminated as provided herein, this Agreement shall terminate on . At the option of the City, this Agreement may be renewed for up to two (2) additional one-year periods. Notice of the City's decision to renew shall be provided to Contractor not less than 60 days prior to the end of the current Agreement period. 4.0 Early Termination by City. 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 Contractor. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in such notice unless otherwise agreed in writing by the parties. In the event of such early termination by the City, Contractor shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Contractor's obligations under this Agreement. Such payment shall be the Contractor's sole right and remedy for such termination. 5.0 Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Contractor on a per stop basis, according to the following schedule: Description $ per stop Collection and Temporary Storage (includes data $65.00 management, coordination with Fort Collins Utilities and Jaco Environmental) ,with maximum compensation not to exceed $65,000. Expenses for rental of space for storage purposes will be reimbursed without markup. Pricing as listed above is to remain in effect for program operation in years 2007 and 2008. Contractor can submit inflation or cost of service adjustments to pricing for approval prior to renewing this agreement for 2009. 6.0 City Representative. The City will designate, prior to commencement of the Work, its Project representative who shall make, within the scope of his or her 2 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: With a Copy to: John Phelan Opal Dick Fort Collins Utilities Fort Collins Utilities PO Box 580 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 If to the Contractor: Zachary Smith Little Guys Movers 104 Pinon Street Fort Collins, CO 80524 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 .,,4of 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 Regulated Substances, or Contractor's failure to comply with any other applicable law or other legal requirement. 11.0 Insurance Requirements 11.1 General Insurance Coverage Prior to the start of work, but in any event not later than 30 days after the date of award of contract, the Contractor shall furnish the City evidence of coverage from insurers acceptable to the City and in a form acceptable to the City's Risk Management Department. Such insurance shall be maintained by the Contractor throughout the term of this Agreement at the Contractor's sole cost and expense. Such insurance shall not limit or qualify the liabilities and obligations of the Contractor assumed under the contract. The City shall not by reason of its inclusion under these policies incur liability to the insurance carrier for payment of premium for these policies. Any insurance carried by the City which may be applicable shall be deemed to be excess insurance and the Contractor's insurance is primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. Said evidence of insurance shall contain a provision that the policy cannot be canceled or reduced in coverage or amount without first giving 30 calendar days' notice thereof (10 days for non-payment of premium) to the City by registered mail. Should any portion of the required insurance be on a "Claims Made" policy, the Contractor shall, at the policy expiration date following completion of work, provide evidence that the "Claims Made" policy has been renewed or replaced with the same limits, terms and conditions of the expiring policy, or that an extended discovery period has been purchased on the expiring policy at least for the contract under which the work was performed. Failure to maintain and provide acceptable evidence of the required insurance for the required period of coverage shall constitute a breach of contract, upon which the City may immediately terminate or suspend the agreement. Contractor shall be responsible for all subcontractors' compliance with the insurance requirements. 11.2 Specific Coverage 4 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 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 9 Refrigerator Recycling Form of Agreement IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year written below. THE CITY OF FORT COLLINS, COLORADO 0 James B. O'Neill II, CPPO, FNIGP Director of Purchasing and Risk Management Date: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney [Contractor Corporation Name] an [Print Name]: Title: [Corporate President or Vice President] ATTEST: Corporate Secretary Refrigerator Recycling Scope of Services EXHIBIT A SCOPE OF SERVICES