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Home My WebLink About103910 ARAGON IRON & METAL INC - CONTRACT - BID - 6038 SALE OF SCRAP METALSERVICES 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 Aragon Iron & Metal, Corp., hereinafter referred to as "Service Provider". W ITNESSETH: 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 June 10, 2007, and shall continue in full force and effect until June 9, 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 shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 3. Dela . 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 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 SA 09/01 /06 16. This Services Agreement applies to any loads of scrap that become available while this Agreement is valid. Other City departments may participate; but the departments listed below are the main participants. 17. Service Provider shall provide one single point of contact to the City to handle any additional pick ups or missed deliveries, and notify the City immediately if there is a contact change. Service Provider shall also provide one single point of contact to the City to handle any billing issues. FOR SERVICE ISSUES FOR BILLING ISSUES CONTACT: CONTACT: Alan Aragon Leslie Barela Phone: 970-484-2577 Phone: 970-484-2577 Fax: 970-484-9759 Fax: 970-484-9759 E-mail: aragons(cDatt.net E-mail: leslie1981(a)att.net Cell: 970-581-2980 Cell: 970-581-3945 Emergency #: 970-581-8035 Emergency #: 970-690-3987 Backup: David Aragon Backup: Carrie Johnson 18. Below are listed the participating City Departments, their location, their Departmental Representative, Contact Number, and Bins Required: Department/Location Contact Bins Required Transfort Shop, Dave Leicester 221-6625 Brass, Copper/Brass Mix, Aluminum, 6570 Portner Road Steel, Stainless Steel Streets Department, Debbie Daugaard,221-6764 Aluminum (scrap Sign Faces), Steel, 625 Ninth Street Copper Traffic Operations, Sandy Aragon, 221-6103 Copper/Brass Mix, Aluminum, Steel 626 Linden Street (Traffic Poles) Steel, #1 Copper, #1 Copper wire Utilities Warehouse/ Light & Steve Serna, 221-6709; Jo (insulated ), Aluminum wire Power, 701 Wood Street Ann Frick, 221-6389 (insulated), Aluminum EC wire, Aluminum (misc sheet) Fleet Shop, 835 Wood Street Shane Armfield, 221-6290 Steel (misc auto/truck parts) Police Firearms Range, Brass (Shell Casings), 2554 Midpoint Drive David Haywood, 221-6832 Copper/Lead/Zinc/Tin Mix (Bullet Remains) Water Meter Shop, Steve Serna, 221-6709; Jo Brass, Copper/Brass Mix (Water 700 Wood Street Ann Frick, 221-6389 Meters) Water Department, Steve Serna, 221-6709; Jo Ductile Iron Pipe & Fittings, Fire 700 Wood Street Ann Frick, 221-6389 Hydrants, Steel SA 09/01 /06 10 1111 K 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: 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. SA 09/01/06 11 Flood & Peterson Ins 5/4/2007 4:09 PAGE 002/003 Fax Server ACORDw CERTIFICATE OF LIABILITY INSURANCE 0DATE 5104/07wrrrh PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Flood & Peterson Insurance Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4821 Wheaton Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P O Box 270370 Fort Collins, CO 80527 INSURERS AFFORDING COVERAGE NAIC S INSURED INSURER A: ACE USA Aragon Iron & Metal Corp INSURER B: Pinnacol Assurance 516 Highway 287, North Fort Collins, CO 80524 INSURER C: INSURER D: INSURER E: NVYCRMVCJ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIM NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE DI POLICY EXPIRATION DATE DwY LIMITS A GENERALUABIUTY D35976565 10/01106 10/01107 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY CLAIMSMADE 51OCCUR DAMPREGE TO Ee RENTED ce $SOLI OLIO MED EXP (Arty we person) $10000 PERSONAL &ADV INJURY $1 OQO OLIO GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2000OOO X POLICY jE T LOC A AUTOMOBILE X LIABILITY ANY AUTO H08167783 10/01/06 10/01/07 COMBINED SINGLE LIMIT (Ea ealdent) f1000,000 , ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Perecddent) E X Drive Other Car PROPERTY DAMAGE (Per ecddert) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY. ASS $ ANY AUTO $ A EXCESSIUMBRELLA LIABILITY X OCCUR ❑ CLANSMADE N0114814A 10/01/06 10/01/07 EACH OCCURRENCE $1000OLIO AGGREGATE $1 00O 000 E f DEDUCTIBLE X RETENTION $ 10000 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 3081185 03101107 03101/08 X WCSTATU- OTH. MIT E.L. EACH ACCIDENT $50O 000 ANY PROPRIETORIPARTNER,EXECUTIVE OFFICERMIEMBER EXCLUDED? It yes, describe under E.L. DISEASE - EA EMPL OYE $500,000 E.L. DISEASE. POLICY LIMIT $500O00 SPECIAL PROVISIONS belay OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate Holder is listed as an Additional Insured. 05/04/07 Efaxed to Leslie @ Aragon Iron & Metal Corp. Efaxed to City of Fort Collins (970 221-6707). SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fort Collins DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN PO Box 580 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Fort Collins, CO 80522 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE F76eaoR ► PiGrr�fiAwJ .7Ntdre..✓ca +z%jc. ^� ---• ��, I Or t s.aaU1a01MU1UOy1 JZS 0 ACORD CORPORATION 1988 Flood & Peterson Ins 5/4/2007 4:09 PAGE 003/003 Fax Server 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 terns and conditions of the policy, certain 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 alter the coverage afforded by the policies listed thereon. ACORD 26-S (2061/08) 2 of 2 AS380198/M370591 EXHIBIT C BASELINE METALS PRICING 1. Attached is a spreadsheet showing the baseline scrap metals pricing upon which this Service Agreement was awarded. Quantities shown are the approximate total annual weights (based on 2006 actuals). The City cannot guarantee this annual volume; actual weights available will vary. 2. Scrap metal prices paid will be based on the baseline prices provided on the Bid, subject to scrap metal market fluctuations. The City reserves the right to audit Service Provider scrap metal prices paid, at any time. The City also reserves the right to verify load weights, at any time. Baseline Metals Pricing Service Provider Aragon Metals Material Steel Est Annual Qty (Lbs) 126,000 Price/lb $0.08 Extended $9,450.00 Index Used Chicago, Philadelphia, Pittsburgh AMM Comp Material Stainless Steel Est Annual Qty (Lbs) 50 Price/lb $1.30 Extended $65.00 Index Used Pittsburgh Mill 18-8 bund/sld/clp Material Iron Est Annual Qty (Lbs) 10,000 Price/lb $0.08 Extended $750.00 Index Used Chicago, Philadelphia, Pittsburgh AMM Comp Material Brass (Clean) Est Annual Qty (Lbs) 3,500 Price/lb $2.05 Extended $7,175.00 Index Used Mill Prices: Red Brass Material Brass/Copper Mix Est Annual Qty (Lbs) 500 Price/lb $1.80 Extended $900.00 Index Used Mill Prices: Copper #1 & Red Brass SA 09/01 /06 12 Material Copper/Lead/Zinc/Tin Mix Est Annual Qty (Lbs) 850 Price/lb $0.92 Extended $777.75 Index Used Mill Prices: Yellow Brass Material #1 Copper Est Annual Qty (Lbs) 7,000 Price/lb $3.17 Extended $22,190.00 Index Used Mill Prices: #1 Copper J Material #1 Copper Wire, insulated Est Annual Qty (Lbs) 5,000 Price/lb $2.43 Extended $12,150.00 Index Used Mill Prices: #1 Copper Recovery Valued Material Aluminum (misc sheet) Est Annual Qty (Lbs) 5,000 Price/lb $0.69 Extended $3,425.00 Index Used Mill Prices 6061 Extrusions Material Aluminum Wire, insulated Est Annual Qty (Lbs) 80,000 Price/lb $0.40 Extended $32,000.00 Index Used Mill Prices 6061 Extrusions Recovery Valued Material Aluminum EC wire Est Annual Qty (Lbs) 3,000 Price/lb $0.88 Extended $2,640.00 Index Used Mill Prices 6061 Extrusions BID GRAND ITAL $91,522.75 SA 09/01/06 13 ARAGON Iron &Metal Corp. 516 N ITS HWY 287 Fort Collins, CO 80524 970.484.2577 Fax # 970.484.9759 Account Name: City of Fort Collins Load Dates: 04.16.07 thru 04.27.07 Date ScaleTik# Material Site: Transfort Sh on 04.16.07 638 Brass 04.19.07 649 Stainless Steel Site. Streets Dent Exhibit D - Biweekly Report Payment Date 30-Apr-07 Weight (Ibs) Price Total 1,376 2.05/lb $2,820.80 24 1.30/Ib $31.20 Transfort Shop Total $29852.00 Check# Date 04.16.07 641 Aluminum 912 .685/Ib $624.72 Streets Dept Total $624.72 Check# Date Site: Traffic Operations $150.00/to 04.23.07 690 Scrap Steel 2,400 n $180.00 Traffic Operations Total $180.00 Check# Date Site: Utilities 04.20.07 638 Alum Wire Ins 275 .40/lb $275.40 Utilities Total $275.40 Check# Date SA 09/01 /06 14 Site: Fleet Shop 04.17.07 638 Scrap Steel Site: Police Fire Arms Copper/Lead/Zinc/Tin 04.19.07 638 Mix 04.25.07 649 Brass Site: Water Meter Shop Copper/Brass 04.16.07 638 Mix 04.19.07 649 Brass Site: Water Dept 04.26.07 638 Scrap Steel Messages: Thank you for your business! Current $0.00 $150.00/to 1,700 n $127.50 Fleet Shop Total $127.50 Check# Date 370 .915/lb $338.55 420 2.05/Ib $861.00 Police Fire Arms Total $19199.55 Check# Date 1,700 1.80/lb $3,060.00 280 2.05/Ib $574.00 Water Meter Shop Total $3,634.00 Check# Date $150.00/to 2,100 n $157.50 Water Dept. Total $157.50 Check# Date Balance Paid on Acct: $9,050.67 1-30 Days 31-60 Days 61-90 Days Over 90 $0.00 $0.00 $0.00 $0.00 SA 09/01/06 15 the following addresses: City: City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522 Attn: Ed Bonnette, C.P.M., CPPB, Buyer Service Provider: Aragon Iron & Metal, Corp. 516 North US Highway 287 Fort Collins, CO 80524 Attn: David J. Aragon In the event of early termination by the City, the City shall be paid for materials sold prior 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 City's and the Service Provider's sole right and remedy for such termination. 5. Contract Sum. The Service Provider shall pay the City for the performance of this Contract, subject to additions and deletions provided herein, perthe attached Exhibit "C", consisting of two (2) pages, and incorporated herein by this reference. The City acknowledges that actual Scrap Metal Prices paid will fluctuate around the baselines indicated in Exhibit "C", subject to scrap metal market fluctuations. 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 considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any SA 09/01 /06 2 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. Warran . (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 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 - SA 09/01 /06 3 defaulting party for the non -defaulting party'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, 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 Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such SA 09/01 /06 4 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 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 SA 09/01/06 5 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D, consisting of two (2) pages, attached hereto and incorporated herein by this reference. SA 09/01 /06 6 City Clerk AS TO 9,wtitte,e�.e - a CORPORATE SECRETARY CITY OF FORT COLLINS, COLORADO a municipal corporation Jame B. O'Neill II, CPPO, FNIGP Direct f Purchasing and Risk Management Date: 6 ( O--) Aragon Iron & Metal, Corp Date: S'',-3/�o7 (Corporate Seal) SIDENT SA 09/01 /06 7 EXHIBIT A SCOPE OF WORK 1. Actual weights available will vary; the City will contact Service Provider for pickups as needed. Scrap market prices in effect at the time of notification will prevail. 2. Service Provider must provide all labor and equipment necessary to remove all Scrap Metal from City facilities per the following conditions and specifications listed in this Scope of Work. 3. Service Provider will be responsible for providing appropriate hauling vehicles of sufficient capacity to carry all loads safely and in accordance with applicable state and federal highway and transportation requirements. 4. Service Providerwill be responsible for providing appropriate storage/pickup bins forthe separate material categories at each participating City department location. 5. Service Providerwill be responsible for loading all scrap metal from storage bins into an appropriate vehicle. The loading of Scrap Metals will be performed at the direction of Service Provider who will be responsible for determining load capacity and placement. 6. Service Provider will be responsible for any and all cleanup in and around storage bins. 7. All Scrap Metals are sold on an AS -IS, WHERE -IS basis. 8. Service Provider must submit payment of funds by check made out to City of Fort Collins. NO CASH PAYMENTS ARE ACCEPTABLE. Service Providerwill mail checks as frequently as bi-weekly (every two weeks) if needed, to the following City locations: A. Purchasing Division for all Departments EXCEPT FOR UTILITIES (which includes Utilities Warehouse/Light & Power, Water Meter Shop, Water Department, and Stormwater). Checks are to go to the address below): City of Fort Collins Purchasing Division P.O. Box 580 Fort Collins, CO 80522 B. Utilities checks (which includes Utilities Warehouse/Light & Power, Water Meter Shop, Water Department, and Stormwater) are to go to the address below): City of Fort Collins Utilities 700 Wood Street Fort Collins, CO 80521 Attn: Jo Ann Frick SA 09/01/06 8 C. All checks issued to the City are to be accompanied by a printed report that recaps the following information BY DEPARTMENT (MS Excel or MS Word is acceptable; see sample report in Exhibit D): i. Date Sold ii. Material Sold iii. Weight Sold iv. Price per pound paid V. Check total, BY DEPARTMENT D. Reports are also to be e-mailed in electronic format (MS Excel or MS Word is acceptable; see sample report in Exhibit D). Emailed reports are to be sent to purchasing(@fcgov.com , with a copy to ebonnetteafcgov.com . All materials sold by the City (including Utilities, both by pickups and direct dropoffs) are to be reported on the bi-weekly electronic reports submitted to Purchasing. E. For bi-weekly periods with no scrap pickups or deliveries; Service Provider will please send a courtesy e-mail to purchasing(�i)fcgov.com with a copy to ebonnetteafcgov.com stating that there was no activity for this period. 9. Utilities will occasionally have large shipments of scrap metals that will be dropped off directly by the crews to Service Provider. Crews need to receive a Weight Ticket at time of dropoff. The corresponding Checks and Reports (see #8, above) are to reference the Weight Ticket Number for these drop-offs, so that the transactions can be tied together for reporting purposes. 10. All Scrap Metals will be weighed on the Service Provider's Certified scale. Such weighing will be considered final in producing actual scrap weight values. The City requires proof of current Scale Certification with vendor's bid submission; and again upon any annual award Renewals. 11. Scrap Metal removal operations must occur between the hours of 9 a.m. and 2 p.m. Monday through Friday, excluding City government holidays. 12. Service Provider must remove Scrap Metals within two (2) business days after notification from City departmental representative for material pick-up. Removal operations must be coordinated in advance with the City departmental representative .(see List provided). NOTE: Rapid response is required for high volume -generating Departments (such as Utilities). 13. The City will reserve the right to do periodic Service Provider Site Audits and/or to verify load weights. The City reserves the right to audit Service Provider scrap metal prices paid, at any time. 14. Special pickups may be required for large infrequent items such as metal utility poles, and scrapped vehicles. These items may require large flatbed trucks, in lieu of bins. Also, City work crews may drop off loads of scrap metal direct from a jobsite to Service Provider's business location. 15. All personnel, property and equipment liabilities associated with loading and removal operations will be the sole responsibility of the Service Provider. SA 09/01 /06 9