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HomeMy WebLinkAbout375533 NATIONAL RECYCLING INC - CONTRACT - RFP - P1067 RECYCLING DROP-OFF CENTER OPERATIONSSERVICES 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 National Recycling, Inc , hereinafter referred to as "Service Provider" WITNESSETH In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows 1 Scope of Services The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of three (3) pages, and incorporated herein by this reference 2 Contract Period This Agreement shall commence October 1, 2007, and shall continue in full force and effect until December 31. 2008. unless sooner terminated as herein provided In addition, at the option of the City, the Agreement maybe extended for additional one year periods not to exceed three (3) additional one year periods Pricing changes shall be negotiated by and agreed to by both parties The Denver - Boulder CPI-U as published by the Colorado State Planning and Budget Office will be used as a guide Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end 3 Delay If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition 4 Early Termination by City/Notice Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written 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 rev 09/01/06 m) Containers will be emptied on a timely basis in order to ensure adequate room for Recycling Center patrons to deposit their recyclable items as well as to keep the facility clean and orderly n) Service Provider will make sure the containers are serviced prior to or shortly after any holidays o) Service Provider will make every effort to service the containers on Fridays prior to normal weekends Drivers will be available for weekend pickups, if necessary p) Recycling i Center patrons shall have the opportunity to recycle the same range of materials currently collected by the City, or more Service Provider and the City will continuously evaluate opportunities to add to the range of recyclables accepted, and will monitor public input on additional requested services q) Service Provider and the City shall work together in partnership to provide clear and visually attractive educational information r) The facilely will operate seven days per week during daylight hours (from dawn to dusk) as is the case with the current City -operated Rivendell Recycling Center After hours the fenced yard will be locked s) The facilely will be maintained by Service Provider's employees (and/or their subcontractors) and will preserve the same safe and clean environment found at the current City -operated Rivendell Recycling Center site t) Other considerations Service Provider may establish either regularly scheduled dates or special event dates to add Hard -To -Recycle items such as Computer and Electronic Equipment, and others The City also has the ability to advertise once or twice a year in the City news newsletter that is stuffed with the City's Utility Bill mailing This service would be provided at no cost to the Service Provider This is an example of the partnering that the City is prepared to offer to the Service Provider 3) Location: a) Service Provider's proposal is to keep the Recycling Center in its present location at 1626 Riverside Avenue, Fort Collins, Colorado behind Rivendell School, and to act as the City's subcontractor for the various services as outlined in this Scope of Work In order to respect Rivendell's request to lease the site only to a Non -Profit governmental entity, the City of Fort Collins will continue to be the property lessee and to make the lease payments to Rivendell School, subject to the terms and conditions contained herein in this Services Agreement and the City's Lease Agreement with Rivendell School 11 should be noted herein that under Article IV Permissible Use of the City's Lease Agreement with Rivendell School that Lessee (the City) has agreed that they " shall use and occupy the Premises for the purpose of maintaining and operating thereon a recycling center to receive, store and transfer recyclable materials deposited on the Premises by the general public " The City shall retain title of the Recycling Center equipment (as detailed in Section 1, above), Service Provider shall act as the City's subcontractor for Recycling Center Operations as detailed in this Exhibit A Scope of Work It should be noted herein that, should this Services Agreement be extended up to the maximum four (4) additional one year periods, the termination date would coincide with the term of the City's lease with Rivendell School set to expire on December 31, 2011 Under terms of the City's lease agreement with Rivendell School, it should be noted herein that the Lessee (the City) may terminate the Lease at any time by giving Lessor (Rivendell School) not less than thirty (30) days advance notice In recognition of the time and need for public notice involved in relocating Lessee's recycling operation off of the Premises, Lessor (Rivendell School) agrees that Lessor may terminate the Lease at any time upon not less than sixty (60) days advance notice to Lessee 10 rev 09/01106 EXHIBIT B INSURANCE REQUIREMENTS 1 The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins " In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement Insurance coverages shall be as follows A Workers' Compensation & Employer's Liability The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement 1 Workers' Compensation insurance with statutory limits as required by Colorado law 2 Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee B Commercial General & Vehicle Liability The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement Coverage for property damage shall be on a "broad form" basis The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance 11 rev 09/01/06 notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses City Service Provider With Copy to City of Fort Collins Natural Resources National Recycling, Inc City of Fort Collins, Purchasing Attn Susie Gordon Attn Carey Smith Attn Ed Bonnette PO Box 580 PO Box 2472 PO Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement Such payment shall be the Service Provider's sole right and remedy for such termination 5 Contract Sum The Service Provider shall provide the City with Operational Services, as agreed in Exhibit A Scope of Work Service Provider shall reimburse the City monthly for Property Lease payments and Fiber Rebates, as agreed upon in Exhibit A Scope of Work 6 City Representative The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement All requests concerning this agreement shall be directed to the City Representative 7 Independent Service provider The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose 8 Personal Services It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written AMk rev 09/01/06 M consent of the City 9 Acceptance Not Waiver The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement 10 Warranty a Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature All goods supplied to the City shall be of the grade and quality specified hereunder, or, if not specified, of the most suitable grade and quality of their respective kinds for their intended use c Service Provider warrants all goods, provided under this Agreement, except City - furnished goods, against defects and nonconformances in grade for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier Upon receipt of written notice from City of any such defect or nonconformances, the affected good shall be replaced by Service Provider in a manner and at a time acceptable to City is 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 often (10) days within which to cure said default In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages, (b) treat the Agreement as continuing and require specific performance, or (c) avail himself of any other remedy at law or equity If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default 13 Binding Effect This writing, together with the exhibits hereto, constitutes the entire rev 09/01/06 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/Severabdity 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 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 sr rev 09/01106 4 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 confirm the employment eligibility of all newly hired employees b Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts 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-employrnent 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 5 rev 09/01/06 has actual knowledge that the subcontractor is employing or contracting with an Aak - 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 the subcontractor has not knowingly employed or contracted with an illegal alien 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 rev 09/01/06 CITY OF FORT COLLINS, COLORADO �pg2T ��C a municipal corporation James B /O'Neill II, CPPO, FNIGP Director�of Purchasing and Risk Management Date AT LO .,,, —f�— 7 — City Clerk 1 ' Zf c APP AS TC7T Assistant City tto ey National Recycling, Inc , By %C� ) C PRINT NAME C'c,p't d1%-A— CORPORATE PRESIDENT OR VICE PRESIDENT Date `� II-1 ! ()% ATTEST (Corporate Seal) CORPORATE SECRETARY rev 09/01 /06 EXHIBIT A EXHIBIT A SCOPE OF WORK It is the intention of this Service Agreement that the Service Provider will demonstrate ability to assume full responsibility for operating the Recycling Center to the City's high standards, will retain all revenues from sales of materials (except as expressly provided for herein), will act as a partner with the community to meet recycling goals, and will effectively relieve the City of financial involvement 1) Equipment Cwnership The City will retain ownership and allow free usage to contractor for all existing recycling equipment, including a) Three hydraulic compactor units (40-cubic-yard boxes) b) Three non -mechanized 30-cubic-yard recycling bins with gabled roofs c) Four sets of metal fabricated stairways and platforms for access to recycling bins d) One free standing educational kiosk e) Various metal signs f) Maintenance tools storage shed g) Perimeter fencing and two locking gates h) In the event that the contract is terminated either by the City or by the Service Provider, Service Provider would need to remove or paint over any of their logos they have placed on the bins at their expense before returning them to the City 2) Service Provider Operations a) Materials will be collected in three 40-yard compactors and three 30-yard gable -top containers supplied by the City, following the same categories as those required in the community's curbside recycling program Currently, they include i) Commingled bottles and cans, including plastics 1 & 2 as well as narrow -mouthed plastic containers, tin (steel) cans, aluminum cans, and glass n) #7 ONP Paper Mix , including newspaper, office paper, magazines, catalogues, and junk mail uq OMX Paperboard, including single -layer cardboard, folding carton stock, kraft paper, and phone books iv) OCC Corrugated cardboard b) In addition to collecting aluminum and tin (steel) cans in with commingled bottles and cans, Service Provider may use signage to direct customers to another (staffed) location where metals may be collected separately from other commingled materials and weighed, in order to offer metals recycling customers a cash rebate for metals to encourage recycling c) Service Provider, as the City's subcontractor for Recycling Center operations, is to reimburse the City monthly for Lease Payments made by the City (as the Lessee) to Rivendell School (as the Lessor) City of Fort Collins will continue to be the Lessee from Rivendefl School (see #3 Location) Service Provider must submit monthly reimbursement of Lease Payment amount (currently $1,325 00/month) via check made out to City of Fort Collins by the first of the month It should be noted herein that the City's lease with Rwendell School is a separate contract for a period of time not to exceed five (5) years, the term of the Lease is from January 1, 2007 until December 31, rev 09101106 2011 In the event that Rivendell should increase (or decrease) the Lease amount due from the City, such increase (or decrease) shall be passed on by the City to Service Provider accordingly For convenience, Service Provider may also include the amount of the monthly Fiber Rebate (@ $10 00/ton) along with their monthly Lease Payment reimbursement check All checks are to be mailed to the following address City of Fort Collins Purchasing Division P O Box 580 Fort Collins, CO 80522 Attn Rivendell Lease Reimbursement d) Hauling costs for recycling all materials will be assumed by Service Provider e) Site maintenance including snow removal, landscaping, and trash removal will be the responsibility of Service Provider f) Electrical power and security of the site (including daily gate locking and unlocking) will be assumed by Service Provider g) Preventive Equipment Maintenance and care will be provided by Service Provider including mechanical compacting units to be maintained under existing service agreements with May Manufacturing/Wastequip in Denver, Colorado A bi-annual equipment service and maintenance report will be prepared and submitted to the City It is the intention of the City to act as a partner to the Service Provider for the length of this initial Service Agreement In the event that maintenance over and above that covered by the existing Service Agreements with May Manufacturing/Wastequip for Preventive Maintenance is required, those additional costs will be borne by the City, for as long as the City retains ownership of said Equipment (see Section 1 of this EXHIBIT A Scope of Work It should be noted herein that the three (3) hydraulic compactor units were purchased new in 2002) Per discussion with vendor May Manufactunng/Wastequip, worst -case scenario for equipment failure would be replacement of a motor and starter with adddional expenditure for parts not exceeding $2000 per compactor unit The vendor's biannual preventive maintenance reports routinely comment on any detenoraling conditions in advance of failure h) Collected materials will be processed and marketed through legitimate recycling facilities and/or brokers Service Provider will retain all revenue from the sale of recyclable materials collected (except for Fiber Rebate as provided for in this Exhibit A Scope of Work) i) Service Provider will supply the City's Natural Resources Department with monthly reports o1 weights collected by material (by pull and date, if possible), including un- recyclable materials, and keep the City informed of the quality of materials being received j) Service Provider will provide traffic counts for two (2), one -week periods each year to the City's Natural Resources Department k) Service Provider will pay the City $10 00/ton for all fibers collected from the drop-off center (which includes OCC (corrugated cardboard), and #7 ONP Paper Mix (newspaper, office paper, magazines, catalogues, junk mail), for the length of the contract Payment will be submitted to the City monthly, along with the reimbursement check for the Lease payment 1) The drop-off center will remain free to all users Service Provider reserves the right to charge customers a reasonable "user fee" for periodic special events for hard -to -recycle materials such as computer components and electronics The City's Natural Resources Department will be contacted with advance notice prior to the scheduling of any special events, particularly those involving a customer "user fee" 14 rev osrovos