HomeMy WebLinkAboutCORRESPONDENCE - RFP - P1060 RESIDENTIAL REFRIGERATOR (139)Refrigerator Recycling
Form of Agreement
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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.
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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 May 1, 2008. 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
management, coordination with Fort Collins
Utilities and Jaco Environmental)
$65.00
,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
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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: With a Copy to:
Zachary Smith ______________
Little Guys Movers
104 Pinon Street
Fort Collins, CO 80524
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
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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
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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
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applicable state’s laws. The Commercial Automobile Liability
insurance shall have not less than $1,000,000.00 combined single
limit per occurrence and shall apply to all operations of the
Contractor.
The Commercial Automobile Liability policy shall name the City of
Fort Collins and its officers, agents, and employees while acting
within the scope of their employment, as additional insureds with
the Contractor, and shall insure against liability for death, bodily
injury, or property damage resulting from the performance of this
Agreement.
12.0 Independent Contractor. The services to be performed by Contractor are those
of an independent contractor and not of an employee of the City of Fort Collins.
Contractor’s employees assigned to perform Contract Work are and shall at all
times hereunder remain the employees of the Contractor and not employees of
the City. The Contractor shall be fully and solely responsible for the
management and compensation of said employees. The City shall not be
responsible for withholding any portion of Contractor’s compensation hereunder
for the payment of FICA, Workers’ Compensation, other taxes or benefits, or for
any other purpose.
13.0 Subcontractors. With prior written approval of the City, the Contractor may enter
into subcontracts with others for the performance of portions of this Agreement.
The Contractor shall at all times be responsible for the acts and errors or
omissions of its subcontractors and persons directly or indirectly employed by
them. Nothing in this Agreement shall constitute any contractual relationship
between any others and the City or any obligation on the part of the City to pay,
or to be responsible for the payment of, any sums to any subcontractors.
The Contractor shall make the provisions of this Agreement applicable to all
subcontractors providing service in connection with the Work. Such
subcontractors must be bound by the Contractor to general terms and conditions
protecting the City which are equivalent to the terms and conditions of this
Agreement. Upon written request, the Contractor shall supply the City with all
subcontractor agreements.
14.0 Confidentiality. All data and information, including that supplied by the City to the
Contractor, that obtained by the Contractor from the City’s customers, and that
developed by the Contractor in the course of providing management and
administration services to the City under this Agreement shall be held in strict
confidence and shall be used solely for the performance of the Work pursuant to
this Agreement. Contractor, its employees, and any subcontractors shall not
disclose any City or customer information to any person other than the City’s
personnel, or the City’s designated agent, either during the term of this
Agreement or after its termination, without the prior written consent of the City,
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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.
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18.0 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.
19.0 Remedies. In the event a party has been declared in default, such defaulting
party shall be given written notice of the alleged default and 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) avail itself of any other remedy at law or
equity. If the non-defaulting party commences legal or equitable action 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 costs incurred
because of the default.
20.0 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 successors and assigns of said parties.
21.0 Law/Severability. Each party’s performance hereunder shall comply with all
applicable laws of the United States of America, the State of Colorado and the
City of Fort Collins. This Agreement shall be governed, executed, interpreted
and enforced under the laws of the State of Colorado, and the City of Fort Collins
and venue for any litigation shall be in the District Court in Fort Collins, Colorado
or in Federal Court in the state of Colorado. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable ay other
provision of this Agreement.
22.0 Survival. Contractor’s obligations to indemnify the City under Section 10.0; to
provide insurance coverage as required in Section 11.3 and 11.4; to protect the
confidentiality of information obtained from the City and City customers as
required by Section 14.0 above; and to maintain and retain records as required
by Section 16.0 shall survive the termination of this Agreement.
23.0 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
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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
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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.
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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
By:
___________________________________
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]
By:
____________________________________
[Print Name]:
____________________________
Title:
___________________________________
[Corporate President or Vice President]
ATTEST:
________________________________
Corporate Secretary
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Scope of Services
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EXHIBIT A
SCOPE OF SERVICES
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Scope of Services
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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;
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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.
