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
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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
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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
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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
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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
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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
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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
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has actual knowledge that the subcontractor is employing or contracting with an Aak
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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
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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
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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,
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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
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